View all text of Subchapter V [§ 1881 - § 1885a]
§ 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;
(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
(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.)