US Code

Public Law 119-83 (04/13/2026)

16 U.S.C. § 1881b

Observers

(a)

Guidelines for carrying observers

Within one year after , 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

16 U.S.C. 13615 U.S.C. 8101An observer on a vessel and under contract to carry out responsibilities under this chapter or the Marine Mammal Protection Act of 1972 ( et seq.) shall be deemed to be a Federal employee for the purpose of compensation under the Federal Employee Compensation Act ( et seq.).

Pub. L. 94–265, title IV, § 403Pub. L. 104–297, title II, § 204110 Stat. 3609 Pub. L. 117–263, div. K, title CXIII, § 11340136 Stat. 4105 (, as added , , ; amended , , .)

Editorial Notes

References in Text

section 11329 of div. K of Pub. L. 117–263section 1885a of this titleSection 11329 of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (b)(4), is , which is set out as a note under .

Pub. L. 94–26590 Stat. 331 section 1801 of this titleThis chapter, referred to in subsec. (c), was in the original “this Act”, meaning , , , known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 92–52286 Stat. 1027 section 1361 of this titleThe Marine Mammal Protection Act of 1972, referred to in subsec. (c), is , , , 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 and Tables.

act Sept. 7, 1916, ch. 458 39 Stat. 742 Pub. L. 89–55480 Stat. 378 The Federal Employee Compensation Act, referred to in subsec. (c), is , , which was repealed and the provisions thereof were reenacted as subchapter I (§ 8101 et seq.) of chapter 81 of Title 5, Government Organization and Employees, by , , .

Prior Provisions

section 403 of Pub. L. 94–265Pub. L. 104–297A prior 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 .

Amendments

Pub. L. 117–2632022—Subsec. (b)(4), (5). added par. (4) and redesignated former par. (4) as (5).