PUBLIC LAW 104-297—OCT. 11, 1996 110 STAT. 3609 "(B) in the case of a survey during which the quantity or quahty of fish harvested is not expected to be adequately compensatory, may structure those soHcitations so as to provide that compensation by permitting the contractor to harvest on a subsequent voyage and retain for sale a portion of the allowable catch of the surveyed fishery; and "(C) may permit fish harvested during such survey to count toward a vessel's catch history under a fishery management plan if such survey was conducted in a manner that precluded a vessel's participation in a fishery that counted under the plan for purposes of determining catch history. "(3) The Secretary shall undertake efforts to expand annual fishery resource assessments in all regions of the Nation.". SEC. 204. OBSERVERS. Section 403 is amended to read as follows: 16 USC 1881b «SEC. 403. OBSERVERS. " (a) GUIDELINES FOR CARRYING OBSERVERS. —Within one year Regulations. gifter the date of enactment of the Sustainable Fisheries Act, the Secretary shall promulgate regulations, afl;er 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 fiilfili the responsibilities of the position; "(3) ensure that an observer has received adequate training in basic vessel safety; and "(4) 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 on a vessel and under contract to carry out responsibilities under this Act or the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 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 et seq.).". SEC. 205. FISHERIES RESEARCH. Section 404 is amended to read as follows: ^ 16 USC I88lc.
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