§1881b — Title 16 Conservation | U.S. Code

Summary

Within one year after October 11, 1996, the Secretary must make rules, after public notice and a chance to comment, for fishing vessels that carry observers. The rules must say when a vessel does not have to carry an observer because the living or work space is unsafe or too small, and what owners must reasonably do to make those spaces safe and adequate. The Secretary, working with the States and the National Sea Grant College Program, must set up training so observers can collect and analyze fishery data, prove they know enough fisheries science and statistics, learn basic boat safety, and learn to spot and report forced labor and human trafficking (as defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022). Training should use university and nonprofit resources when possible. An observer under contract is treated as a Federal employee for pay and injury compensation under the Federal Employee Compensation Act (5 U.S.C. 8101 et seq.).

Title 16, §1881b

Conservation — Source: USLM XML via OLRC

(a)Within one year after October 11, 1996, the Secretary shall promulgate regulations, after notice and opportunity for public comment, for fishing vessels that carry observers. The regulations shall include guidelines for determining—

(1)when a vessel is not required to carry an observer on board because the facilities of such vessel for the quartering of an observer, or for carrying out observer functions, are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized; and

(2)actions which vessel owners or operators may reasonably be required to take to render such facilities adequate and safe.

(b)The Secretary, in cooperation with the appropriate States and the National Sea Grant College Program, shall—

(1)establish programs to ensure that each observer receives adequate training in collecting and analyzing the information necessary for the conservation and management purposes of the fishery to which such observer is assigned;

(2)require that an observer demonstrate competence in fisheries science and statistical analysis at a level sufficient to enable such person to fulfill the responsibilities of the position;

(3)ensure that an observer has received adequate training in basic vessel safety;

(4)ensure that each observer has received training to identify indicators of forced labor and human trafficking (as such terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022) and refer this information to appropriate authorities; and

(5)make use of university and any appropriate private nonprofit organization training facilities and resources, where possible, in carrying out this subsection.

(c)An observer on a vessel and under contract to carry out responsibilities under this chapter or the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall be deemed to be a Federal employee for the purpose of compensation under the Federal Employee Compensation Act (5 U.S.C. 8101 et seq.).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 11329 of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (b)(4), is section 11329 of div. K of Pub. L. 117–263, which is set out as a note under section 1885a of this title. This chapter, referred to in subsec. (c), was in the original “this Act”, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1801 of this title and Tables. The Marine Mammal Protection Act of 1972, referred to in subsec. (c), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1361 of this title and Tables. The Federal Employee Compensation Act, referred to in subsec. (c), is act Sept. 7, 1916, ch. 458, 39 Stat. 742, which was repealed and the provisions thereof were reenacted as subchapter I (§ 8101 et seq.) of chapter 81 of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

Prior Provisions

A prior section 403 of Pub. L. 94–265 amended section 1972 and 1973 of Title 22, Foreign Relations and Intercourse, and enacted provisions formerly set out as notes under section 1972 and 1973 of Title 22, prior to being amended generally by Pub. L. 104–297.

Amendments

2022—Subsec. (b)(4), (5). Pub. L. 117–263 added par. (4) and redesignated former par. (4) as (5).

§1881b Observers

Summary

Title 16, §1881b

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Prior Provisions

Amendments

Citations & Metadata