---
kind: "section"
citation: "16 U.S.C. § 1881b"
title: "16"
title_heading: "Conservation"
number: "1881b"
heading: "Observers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1881b"
units:
  - "Chapter 38 — Fishery Conservation and Management"
  - "Subchapter V — Fishery Monitoring and Research"
---

# §1881b. Observers

- (a) **Guidelines for carrying observers—** Within one year after October 11, 1996, the [Secretary](/usc/16/1802.md?p=39) shall promulgate regulations, after notice and opportunity for public comment, for [fishing vessels](/usc/16/1802.md?p=18) that carry [observers](/usc/16/1802.md?p=31). The regulations shall include guidelines for determining—
  - (1) when a vessel is not required to carry an [observer](/usc/16/1802.md?p=31) on board because the facilities of such vessel for the quartering of an [observer](/usc/16/1802.md?p=31), or for carrying out [observer](/usc/16/1802.md?p=31) functions, are so inadequate or unsafe that the health or safety of the [observer](/usc/16/1802.md?p=31) or the safe operation of the vessel would be jeopardized; and
  - (2) actions which vessel [owners](/usc/16/429b–3.md?p=4) or operators may reasonably be required to [take](/usc/16/3102.md?p=18) to render such facilities adequate and safe.
- (b) **Training—** The [Secretary](/usc/16/1802.md?p=39), in cooperation with the appropriate [States](/usc/16/544.md?p=r) and the National Sea Grant College Program, shall—
  - (1) establish programs to ensure that each [observer](/usc/16/1802.md?p=31) receives adequate training in collecting and analyzing the information necessary for the [conservation and management](/usc/16/1802.md?p=5) purposes of the [fishery](/usc/16/1802.md?p=13) to which such [observer](/usc/16/1802.md?p=31) is assigned;
  - (2) require that an [observer](/usc/16/1802.md?p=31) demonstrate competence in [fisheries](/usc/16/1802.md?p=13) science and statistical analysis at a level sufficient to enable such [person](/usc/16/1802.md?p=36) to fulfill the responsibilities of the position;
  - (3) ensure that an [observer](/usc/16/1802.md?p=31) has received adequate training in basic vessel safety;
  - (4) ensure that each [observer](/usc/16/1802.md?p=31) 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—** An [observer](/usc/16/1802.md?p=31) 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](/usc/16/1361.md) et seq.) shall be deemed to be a Federal employee for the purpose of compensation under the Federal Employee Compensation Act ([5 U.S.C. 8101](/usc/5/8101.md) et seq.).

## Source credit

(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.)

## Notes

### Editorial Notes

### References in Text

Section 11329 of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (b)(4), is section 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 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 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 section 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 reenacted 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 Intercourse, 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).