§ 1881b. — Observers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1881b]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER V--FISHERY MONITORING AND RESEARCH
Sec. 1881b. Observers
(a) Guidelines for carrying observers
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) Training
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; and
(4) make use of university and any appropriate private nonprofit
organization training facilities and resources, where possible, in
carrying out this subsection.
(c) Observer status
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.).
(Pub. L. 94-265, title IV, Sec. 403, as added Pub. L. 104-297, title II,
Sec. 204, Oct. 11, 1996, 110 Stat. 3609.)
References in Text
The Marine Mammal Protection Act of 1972, referred to in subsec.
(c), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended, which
is classified generally to chapter 31 (Sec. 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, as amended, which was
repealed and the provisions thereof were reenacted as subchapter I
(Sec. 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 sections 1972 and 1973
of Title 22, Foreign Relations and Intercourse, and enacted provisions
formerly set out as notes under sections 1972 and 1973 of Title 22,
prior to being amended generally by Pub. L. 104-297.
