16 U.S.C. § 1881b — Observers

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 facilities adequate and safe. (b) Training The Secretary, in cooperation with the appro- priate States and the National Sea Grant Col- lege Program, shall— (1) establish programs to ensure that each observer receives adequate training in col- lecting and analyzing the information nec- essary 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 po- sition; (3) ensure that an observer has received ade- quate 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 de- fined 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 appro- priate private nonprofit organization training facilities and resources, where possible, in car- rying 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 Fed- eral 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, § 403, as added Pub. L. 104–297, title II, § 204, Oct. 11, 1996, 110 Stat. 3609; amended Pub. L. 117–263, div. K, title CXIII, § 11340, Dec. 23, 2022, 136 Stat. 4105.) Editorial Notes REFERENCES IN TEXT Section 11329 of the Don Young Coast Guard Author- ization Act of 2022, referred to in subsec. (b)(4), is sec- tion 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 Fish- ery Conservation and Management Act, which is classi- fied principally to this chapter. For complete classi- fication 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 sec- tion 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 re- enacted 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 sections 1972 and 1973 of Title 22, Foreign Relations and Inter- course, 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. AMENDMENTS 2022—Subsec. (b)(4), (5). Pub. L. 117–263 added par. (4) and redesignated former par. (4) as (5). § 1881c. Fisheries research (a) In general The Secretary shall initiate and maintain, in cooperation with the Councils, a comprehensive program of fishery research to carry out and fur- ther the purposes, policy, and provisions of this chapter. Such program shall be designed to ac- quire knowledge and information, including sta- tistics, on fishery conservation and management and on the economics and social characteristics of the fisheries. (b) Strategic plan Within one year after October 11, 1996, and at least every 3 years thereafter, the Secretary shall develop and publish in the Federal Reg- ister a strategic plan for fisheries research for the 5 years immediately following such publica- tion. The plan shall— (1) identify and describe a comprehensive program with a limited number of priority ob- jectives for research in each of the areas speci- fied in subsection (c); (2) indicate goals and timetables for the pro- gram described in paragraph (1); (3) provide a role for commercial fishermen in such research, including involvement in field testing; (4) provide for collection and dissemination, in a timely manner, of complete and accurate