16 USC 1827 - Observer program regarding certain foreign fishing

U.S Code last checked for updates: Feb 22, 2025

§ 1827.

Observer program regarding certain foreign fishing

(a)

Definitions

As used in this section—

(1)

The term “Act of 1976” means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(2)

The term “billfish” means any species of marlin, spearfish, sailfish or swordfish.

(3)

The term “Secretary” means the Secretary of Commerce.

(b)

Observer program

The Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel—

(1)

is in waters that are within—

(A)

the fishery conservation zone established under section 101 of the Act of 1976 [16 U.S.C. 1811],1

 See References in Text note below.

and

(B)

the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic Tunas; and

(2)

is taking or attempting to take any species of fish if such taking or attempting to take may result in the incidental taking of billfish.

The Secretary may acquire observers for such program through contract with qualified private persons.

(c)

Functions of observers

(d)

Fees

(e)

Fund

(f)

Prohibited acts

(1)

It is unlawful for any person who is the owner or operator of a foreign fishing vessel to which this section applies—

(A)

to violate any regulation issued under subsection (g);

(B)

to refuse to pay the fee imposed under subsection (d) after being requested to do so by the Secretary; or

(C)

to refuse to permit an individual who is authorized to act as an observer under this section with respect to that vessel to board the vessel for purposes of carrying out observer functions.

(2)

Section 308 of the Act of 1976 [16 U.S.C. 1858] (relating to civil penalties) applies to any act that is unlawful under paragraph (1), and for purposes of such application the commission of any such act shall be treated as an act the commission of which is unlawful under section 307 of the Act of 1976 [16 U.S.C. 1857].

(g)

Regulations

(Pub. L. 96–339, § 2, Sept. 4, 1980, 94 Stat. 1069; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)

cite as: 16 USC 1827