---
kind: "section"
citation: "16 U.S.C. § 1827"
title: "16"
title_heading: "Conservation"
number: "1827"
heading: "Observer program regarding certain foreign fishing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1827"
units:
  - "Chapter 38 — Fishery Conservation and Management"
  - "Subchapter III — Foreign Fishing and International Fishery Agreements"
---

# §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](/usc/16/1802.md?p=13) Conservation and Management Act ([16 U.S.C. 1801](/usc/16/1801.md) et seq.).
  - (2) The term “billfish” means any species of marlin, spearfish, sailfish or swordfish.
  - (3) The term “[Secretary](/usc/16/1802.md?p=39)” means the [Secretary](/usc/16/1802.md?p=39) of Commerce.
- (b) **Observer program—** The [Secretary](/usc/16/1802.md?p=39) shall establish a program under which a [United States](/usc/16/1802.md?p=45) [observer](/usc/16/1802.md?p=31) will be stationed aboard each [foreign fishing](/usc/16/1802.md?p=19) vessel while that vessel—
  - (1) is in waters that are within—
    - (A) the [fishery](/usc/16/1802.md?p=13) conservation zone established under section 101 of the Act of 1976 [[16 U.S.C. 1811](/usc/16/1811.md)],[^1] and
    - (B) the Convention [area](/usc/16/539m–1.md?p=1-A) as defined in Article I of the International Convention for the Conservation of Atlantic Tunas; and
  - (2) is [taking](/usc/16/3102.md?p=18) or attempting to [take](/usc/16/3102.md?p=18) any species of [fish](/usc/16/1802.md?p=12) if such [taking](/usc/16/3102.md?p=18) or attempting to [take](/usc/16/3102.md?p=18) may result in the incidental [taking](/usc/16/3102.md?p=18) of billfish.

  The [Secretary](/usc/16/1802.md?p=39) may [acquire](/usc/16/620e.md?p=1) [observers](/usc/16/1802.md?p=31) for such program through contract with qualified private [persons](/usc/16/1802.md?p=36).

- (c) **Functions of observers—** [United States](/usc/16/1802.md?p=45) [observers](/usc/16/1802.md?p=31), while aboard [foreign fishing](/usc/16/1802.md?p=19) vessels as required under [subsection (b)](#b), shall carry out such scientific and other functions as the [Secretary](/usc/16/1802.md?p=39) deems necessary or appropriate to carry out this section.
- (d) **Fees—** There is imposed for each year after 1980 on the [owner](/usc/16/429b–3.md?p=4) or operator of each [foreign fishing](/usc/16/1802.md?p=19) vessel that, in the judgment of the [Secretary](/usc/16/1802.md?p=39), will engage in [fishing](/usc/16/1802.md?p=16) in waters described in [subsection (b)(1)](#b-1) during that year which may result in the incidental [taking](/usc/16/3102.md?p=18) of billfish a fee in an amount sufficient to cover all of the costs of providing an [observer](/usc/16/1802.md?p=31) aboard that vessel under the program established under [subsection (a)](#a). The fees imposed under this subsection for any year shall be paid to the [Secretary](/usc/16/1802.md?p=39) before that year begins. All fees collected by the [Secretary](/usc/16/1802.md?p=39) under this subsection shall be deposited in the Fund established by [subsection (e)](#e).
- (e) **Fund—** There is established in the Treasury of the [United States](/usc/16/1802.md?p=45) the [Foreign Fishing](/usc/16/1802.md?p=19) [Observer](/usc/16/1802.md?p=31) Fund. The Fund shall be available to the [Secretary](/usc/16/1802.md?p=39) as a revolving fund for the purpose of carrying out this section. The Fund shall consist of the fees deposited into it as required under [subsection (d)](#d). All payments made by the [Secretary](/usc/16/1802.md?p=39) to carry out this section shall be paid from the Fund, only to the extent and in the amounts provided for in advance in appropriation Acts. Sums in the Fund which are not currently needed for the purposes of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the [United States](/usc/16/1802.md?p=45).
- (f) **Prohibited acts—**
  - (1) It is unlawful for any [person](/usc/16/1802.md?p=36) who is the [owner](/usc/16/429b–3.md?p=4) or operator of a [foreign fishing](/usc/16/1802.md?p=19) vessel to which this section applies—
    - (A) to violate any regulation issued under [subsection (g)](#g);
    - (B) to refuse to pay the fee imposed under [subsection (d)](#d) after being requested to do so by the [Secretary](/usc/16/1802.md?p=39); or
    - (C) to refuse to permit an individual who is authorized to act as an [observer](/usc/16/1802.md?p=31) under this section with respect to that vessel to board the vessel for purposes of carrying out [observer](/usc/16/1802.md?p=31) functions.
  - (2) Section 308 of the Act of 1976 [[16 U.S.C. 1858](/usc/16/1858.md)] (relating to civil penalties) applies to any act that is unlawful under [paragraph (1)](#f-1), and for purposes of such application the [commission](/usc/16/544.md?p=c) of any such act shall be treated as an act the [commission](/usc/16/544.md?p=c) of which is unlawful under section 307 of the Act of 1976 [[16 U.S.C. 1857](/usc/16/1857.md)].
- (g) **Regulations—** The [Secretary](/usc/16/1802.md?p=39) shall issue such regulations as are necessary or appropriate to carry out this section.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(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.)

## Notes

### Editorial Notes

### References in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a)(1), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Section 101 of the Act of 1976 [16 U.S.C. 1811], referred to in subsec. (b)(1)(A), which established the fishery conservation zone, was amended generally by Pub. L. 99–659, title I, § 101(b), Nov. 14, 1986, 100 Stat. 3706, and now relates to United States sovereign rights to fish and fishery management authority within the exclusive economic zone.

### Codification

Section was not enacted as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

### Amendments

1996—Subsec. (a)(1). Pub. L. 104–208 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.

1980—Subsec. (a)(1). Pub. L. 96–561 substituted “Magnuson Fishery Conservation and Management Act” for “Fishery Conservation and Management Act of 1976”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.

### Effective Date of 1980 Amendment

Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that section is effective 15 days after Dec. 22, 1980.