Page:United States Statutes at Large Volume 102 Part 5.djvu/753

 PUBLIC LAW 100-711—NOV. 23, 1988

102 STAT. 4759

"(B) those fisheries that incidentally take marine mammals from population stocks that the Secretary believes are declinin^^ "(Q those fisheries other than those described in subparagraphs (A) and (B) in which the greatest incidental take of marine mammals occur; and "(D) any other fishery identified under subsection (b)(l)(A)(i)The Seoetary may, with the consent of the vessel owner, station an observer on board a vessel engaged in a fishery not identified under subsection (b)(l)(A)(i)"(4) Information gathered by observers shall be subject to the provisions of subsection (j). Consistent with the requirements of paragraph (1), the Secretary shall, if requested by the Appropriate R ^ o n a l Fishery Management Council, or in the case of a State fisheiy, the State, require observers to collect sulditional information, including but not limited to the quantities, species, and physical condition of target and non-target fishery resources and, if requested by the Secretary of the Interior, seabircb. '(5) Notwithstanding the provisions of paragraph (4), the Secretary may decline to require observers to collect information described in such paragraph, if the Secretary finds in writing, following public notice and opportunity for comment, that such information will not contribute to the protection of marine mammals or the understanding of the marine ecosystem, including fishery resources and seabirds. "(6) The Secretary shall not be required to place an observer on a vessel in a fishery if the Secretary finds that— "(A) in a situation where harvesting vessels are delivering fish to a processing vessel and the catch is not taken on board the harvesting vessel, statistically reliable information can be obtained from an observer on board the processing vessel to which the fish are delivered; "(B) the facilities of a vessel for the quartering of an observer, or for canning out observer functions, are so inadequate or unsafe that the h i ^ t h or safety of the observer or the safe operation of the vessel would be jeopardized; or "(Q for reasons beyond the control of the Secretary, an observer is not available. "(7)(A) An observer on a vessel (or the observer's personal representative) under the requirements of this section or section 104 that is ill, disabled, injured, or killed from service as an observer on that vessel may not bring a civil action under any law of the United States for that illness, disability, injury, or death against the vessel or vessel owner, except that a civil action may be brought against the vessel owner for the owner's willful misconduct. "(B) This paragraph does not apply if the observer is engaged by the owner, master, or individual in chaige of a vessel to perform any duties in service to the vessel. "(8) There are authorized to be appropriated to the Department of Commerce for the purposes of carrying out this subsection not to exceed $2,700,000 for fiscal year 1989 and not to exceed $8,000,000 for each of the fiscal years 1990, 1991, 1992, and 1993. "(f)(1) The Secretary shall establish an alternative observation program to provide statistically reliable information on the species and number of marine mammals incidentally taken in those fisheries identified pursuant to subsection (b)(l)(A)(i) of this section for which the required level of observer coverage has not been met or

Birds.

Appropriation authorization.

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