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16 U.S.C. § 1881b — Observers
Federal law — U.S. Code and appendices · legal_authorities
**(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;
(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) Observer stat
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Source location: Title 16, Chapter 38, § 1881b; chapter-038-fishery-conservation-and-management.md
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**(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;
(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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8101&num=0&edition=prelim) et seq.).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Report to Congress and public availability of reports** The Secretary shall, not later than 120 days after the end of each fiscal year, submit to the Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate and the Committee on Natural Resources and the Committee on Financial Services of the House of Representatives a report that summarizes the National Marine Fisheries Service’s efforts to prevent the importation of seafood harvested through illegal, unreported, or unregulated fishing, particularly with respect to seafood harvested, produced, processed, or manufactured by forced labor. Each such report shall be made publicly available on the website of the National Oceanic and Atmospheric Administration.
**(b) Contents** Each report submitted under subsection (a) shall include—
(1) the volume and value of seafood species subject to the Seafood Import Monitoring Program, reported by 10-digit Harmonized Tariff Schedule of the United States codes, imported during the previous fiscal year;
(2) the enforcement activities and priorities of the National Marine Fisheries Service with respect to implementing the requirements under the Seafood Import Monitoring Program;
(3) the percentage of import shipments subject to the Seafood Import Monitoring Program selected for inspection or the information or records supporting entry selected for audit, as described in section 300.324(d) of title 50, Code of Federal Regulations;
(4) the number and types of instances of noncompliance with the requirements of the Seafood Import Monitoring Program;
(5) the number and types of instances of violations of State or Federal law discovered through the Seafood Import Monitoring Program;
(6) the seafood species with respect to which violations desc
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1885a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.
(2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels.
(3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen.
(4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effectiv
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means—
(A) a civil officer or employee in any branch of the Government of the United States, including an officer or employee of an instrumentality wholly owned by the United States;
(B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual;
(C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation;
(D) an individual employed by the government of the District of Columbia;
(E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
(F) an individual selected pursuant to chapter 121 of title 28, and serving as a petit or grand juror; and
(G) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act;
but does not include—
(i) a commissioned officer of the Regular Corps of the Public Health Service;
(ii) a commissioned officer of the Reserve Corps 11 See Change of Name note below. of the Public Health Service on active duty;
(iii) a commissioned officer of the Environmental Science Services Administration; or
(iv) a member of the Metropolitan Police or the Fire D
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that—
(1) certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man’s activities;
(2) such species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant functioning element in the ecosystem of which they are a part, and, consistent with this major objective, they should not be permitted to diminish below their optimum sustainable population. Further measures should be immediately taken to replenish any species or population stock which has already diminished below that population. In particular, efforts should be made to protect essential habitats, including the rookeries, mating grounds, and areas of similar significance for each species of marine mammal from the adverse effect of man’s actions;
(3) there is inadequate knowledge of the ecology and population dynamics of such marine mammals and of the factors which bear upon their ability to reproduce themselves successfully;
(4) negotiations should be undertaken immediately to encourage the development of international arrangements for research on, and conservation of, all marine mammals;
(5) marine mammals and marine mammal products either—
(A) move in interstate commerce, or
(B) affect the balance of marine ecosystems in a manner which is important to other animals and animal products which move in interstate commerce,
and that the protection and conservation of marine mammals and their habitats is therefore necessary to insure the continuing availability of those products which move in interstate commerce; and
(6) marine mammals have proven themselves to be resources of great international significance, esthetic and recreational as well as economic, and i
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1361
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Federal law — U.S. Code and appendices · legal_authorities
Page 1763
TITLE 16—CONSERVATION
§ 1361
(Pub. L. 92–195, § 11, formerly § 10, Dec. 15, 1971, 85
Stat. 651, renumbered Pub. L. 94–579, title IV,
§ 404, Oct. 21, 1976, 90 Stat. 2775.)
Statutory Notes and Related Subsidiaries
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of this section relating to the Secretaries of the Inte-
rior and Agriculture submitting a joint report to Con-
gress every twenty-four months on the administration
of this chapter, see section 3003 of Pub. L. 104–66, as
amended, set out as a note under section 1113 of Title
31, Money and Finance, and page 147 of House Docu-
ment No. 103–7.
CHAPTER 31—MARINE MAMMAL
PROTECTION
SUBCHAPTER I—GENERALLY
Sec.
1361.
Congressional findings and declaration of pol-
icy.
1362.
Definitions.
SUBCHAPTER II—CONSERVATION AND
PROTECTION OF MARINE MAMMALS
1371.
Moratorium on taking and importing marine
mammals and marine mammal products.
1372.
Prohibitions.
1373.
Regulations on taking of marine mammals.
1374.
Permits.
1375.
Penalties.
1375a.
Use of fines for protection and recovery of
manatees, polar bears, sea otters, and wal-
ruses.
1376.
Seizure and forfeiture of cargo.
1377.
Enforcement.
1378.
International program.
1379.
Transfer of management authority.
1380.
Marine mammal research grants.
1381.
Commercial fisheries gear development.
1382.
Regulations and administration.
1383.
Application to other treaties and conven-
tions.
1383a.
Interim exemption for commercial fisheries.
1383b.
Status review; conservation plans.
1384.
Authorization of appropriations.
1385.
Dolphin protection.
1386.
Stock assessments.
1387.
Taking of marine mammals incidental to
commercial fishing operations.
1388.
Marine mammal cooperative a
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1361
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1361. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2127
TITLE 16—CONSERVATION
§ 1881c
2007—Subsec. (a). Pub. L. 109–479, § 202, substituted
‘‘Collection programs’’ for ‘‘Council requests’’ in head-
ing, designated existing provisions as par. (1), inserted
heading, realigned margins, in first sentence, struck
out ‘‘(other than information that would disclose pro-
prietary or confidential commercial or financial infor-
mation regarding fishing operations or fish processing
operations)’’ after ‘‘additional information’’ and ‘‘types
of information’’, in last sentence, substituted ‘‘para-
graph’’ for ‘‘subsection’’, and added par. (2).
Subsec. (b). Pub. L. 109–479, § 203(a)(1), (2), added pars.
(1) and (2), redesignated former par. (2) as (3) and re-
aligned margins, and struck out former par. (1) which
related to confidentiality of information submitted to
the Secretary and exceptions.
Subsec. (b)(1)(D). Pub. L. 109–479, § 3(d)(1)(A), sub-
stituted ‘‘a limited access privilege’’ for ‘‘an individual
fishing quota’’.
Subsec. (b)(3). Pub. L. 109–479, § 203(a)(3), substituted
‘‘(2)(A).’’ for ‘‘(1)(E).’’
§ 1881b. Observers
(a) Guidelines for carrying observers
Within one year after October 11, 1996, the Sec-
retary shall promulgate regulations, after no-
tice and opportunity for public comment, for
fishing vessels that carry observers. The regula-
tions 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 facilit
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1881b
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 927
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8101
1 See Change of Name note below.
of the analysis for subchapter I of this chapter by add-
ing item 8143b, was executed by adding item 8143b to
the analysis for this chapter to reflect the probable in-
tent of Congress.
2008—Pub. L. 110–181, div. A, title XI, § 1105(b), Jan. 28,
2008, 122 Stat. 349, added item 8102a.
1995—Pub. L. 104–66, title I, § 1102(b)(3)(B), Dec. 21,
1995, 109 Stat. 723, added item 8152.
1994—Pub. L. 103–333, title I, § 101(a)(2), Sept. 30, 1994,
108 Stat. 2547, added item 8148.
1979—Pub. L. 96–70, title III, § 3302(e)(12), Sept. 27, 1979,
93 Stat. 499, substituted ‘‘Panama Canal Commission’’
for ‘‘Canal Zone’’ in item 8146.
1974—Pub. L. 93–416, §§ 12(b), 23(a), Sept. 7, 1974, 88
Stat. 1146, 1150, substituted ‘‘Notice of injury or death’’
for ‘‘Notice of injury; failure to give’’ in item 8119, and
added item 8151.
1968—Pub. L. 90–291, § 1(b), Apr. 19, 1968, 82 Stat. 100,
added subchapter III consisting of items 8191, 8192, and
8193.
1967—Pub. L. 90–83, § 1(59), (66)(B), (67)(B), (70), Sept.
11, 1967, 81 Stat. 211, 212, 213, inserted ‘‘; hearings’’ in
item 8124, added item 8143a relating to members of the
National Teachers Corps and item 8146a relating to
cost-of-living adjustment of compensation, and struck
out item 8148 relating to reports.
SUBCHAPTER I—GENERALLY
§ 8101. Definitions
For the purpose of this subchapter—
(1) ‘‘employee’’ means—
(A) a civil officer or employee in any
branch of the Government of the United
States, including an officer or employee of
an instrumentality wholly owned by the
United States;
(B) an individual rendering personal serv-
ice to the United States similar to the serv-
ice of a civil officer or employee of the
United States
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8101
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