§ 1827. — Observer program regarding certain foreign fishing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1827]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER III--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS
Sec. 1827. Observer program regarding certain foreign fishing
(a) Definitions
As used in this section--
(1) The term ``Act of 1976'' means the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
(2) The term ``billfish'' means any species of marlin,
spearfish, sailfish or swordfish.
(3) The term ``Secretary'' means the Secretary of Commerce.
(b) Observer program
The Secretary shall establish a program under which a United States
observer will be stationed aboard each foreign fishing vessel while that
vessel--
(1) is in waters that are within--
(A) the fishery conservation zone established under section
101 of the Act of 1976 [16 U.S.C. 1811],\1\ and
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\1\ See References in Text note below.
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(B) the Convention area as defined in Article I of the
International Convention for the Conservation of Atlantic Tunas;
and
(2) is taking or attempting to take any species of fish if such
taking or attempting to take may result in the incidental taking of
billfish.
The Secretary may acquire observers for such program through contract
with qualified private persons.
(c) Functions of observers
United States observers, while aboard foreign fishing vessels as
required under subsection (b) of this section, shall carry out such
scientific and other functions as the Secretary deems necessary or
appropriate to carry out this section.
(d) Fees
There is imposed for each year after 1980 on the owner or operator
of each foreign fishing vessel that, in the judgment of the Secretary,
will engage in fishing in waters described in subsection (b)(1) of this
section during that year which may result in the incidental taking of
billfish a fee in an amount sufficient to cover all of the costs of
providing an observer aboard that vessel under the program established
under subsection (a) of this section. The fees imposed under this
subsection for any year shall be paid to the Secretary before that year
begins. All fees collected by the Secretary under this subsection shall
be deposited in the Fund established by subsection (e) of this section.
(e) Fund
There is established in the Treasury of the United States the
Foreign Fishing Observer Fund. The Fund shall be available to the
Secretary as a revolving fund for the purpose of carrying out this
section. The Fund shall consist of the fees deposited into it as
required under subsection (d) of this section. All payments made by the
Secretary to carry out this section shall be paid from the Fund, only to
the extent and in the amounts provided for in advance in appropriation
Acts. Sums in the Fund which are not currently needed for the purposes
of this section shall be kept on deposit or invested in obligations of,
or guaranteed by, the United States.
(f) Prohibited acts
(1) It is unlawful for any person who is the owner or operator of a
foreign fishing vessel to which this section applies--
(A) to violate any regulation issued under subsection (g) of
this section;
(B) to refuse to pay the fee imposed under subsection (d) of
this section after being requested to do so by the Secretary; or
(C) to refuse to permit an individual who is authorized to act
as an observer under this section with respect to that vessel to
board the vessel for purposes of carrying out observer functions.
(2) Section 308 of the Act of 1976 [16 U.S.C. 1858] (relating to
civil penalties) applies to any act that is unlawful under paragraph
(1), and for purposes of such application the commission of any such act
shall be treated as an act the commission of which is unlawful under
section 307 of the Act of 1976 [16 U.S.C. 1857].
(g) Regulations
The Secretary shall issue such regulations as are necessary or
appropriate to carry out this section.
(Pub. L. 96-339, Sec. 2, Sept. 4, 1980, 94 Stat. 1069; Pub. L. 96-561,
title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104-208,
div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996,
110 Stat. 3009, 3009-41.)
References in Text
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in subsec. (a)(1), is Pub. L. 94-265, Apr. 13, 1976, 90
Stat. 331, as amended, 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.
Section 101 of the Act of 1976 [16 U.S.C. 1811], referred to in
subsec. (b)(1)(A), which established the fishery conservation zone, was
amended generally by Pub. L. 99-659, title I, Sec. 101(b), Nov. 14,
1986, 100 Stat. 3706, and now relates to United States sovereign rights
to fish and fishery management authority within the exclusive economic
zone.
Codification
Section was not enacted as part of the Magnuson-Stevens Fishery
Conservation and Management Act which comprises this chapter.
Amendments
1996--Subsec. (a)(1). Pub. L. 104-208 substituted ``Magnuson-Stevens
Fishery'' for ``Magnuson Fishery''.
1980--Subsec. (a)(1). Pub. L. 96-561 substituted ``Magnuson Fishery
Conservation and Management Act'' for ``Fishery Conservation and
Management Act of 1976''.
Effective Date of 1996 Amendment
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208
provided that the amendment made by that section is effective 15 days
after Oct. 11, 1996.
Effective Date of 1980 Amendment
Section 238(b) of Pub. L. 96-561 provided that the amendment made by
that section is effective 15 days after Dec. 22, 1980.
Section Referred to in Other Sections
This section is referred to in sections 971h, 971i of this title.
