Page:United States Statutes at Large Volume 108 Part 1.djvu/576

 108 STAT. 550 PUBLIC LAW 103-238—APR. 30, 1994 "(2) Pursuant to paragraph (1), the Secretary may place observers on board vessels as necessary, subject to the provisions of this section. Observers may, among other tasks— "(A) record incidental mortality and injury, or by catch of other nontarget species; "(B) record numbers of marine mammals sighted; and "(C) perform other scientific investigations. "(3) In determining the distribution of observers among commercial fisheries and vessels within a fishery, the Secretary shall be guided by the following standards: "(A) The requirement to obtain statistically reliable information. "(B) The requirement that assignment of observers is fair and equitable among fisheries and among vessels in a fishery. "(C) The requirement that no individual person or vessel, or group of persons or vessels, be subject to excessive or overly burdensome observer coverage. "(D) To the extent practicable, the need to minimize costs and avoid duplication. "(4) To the extent practicable, the Secretary shall allocate observers among commercial fisheries in accordance with the following priority: "(A) The highest priority for allocation shall be for commercial fisheries that have incidental mortality or serious injury of marine mammals from stocks listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). "(B) The second highest priority for allocation shall be for commercial fisheries that have incidental mortality and serious injury of marine mammals from strategic stocks. "(C) The third highest priority for allocation shall be for commercial fisheries that have incidental mortality or serious injury of marine mammals from stocks for which the level of incidental mortality and serious injury is uncertain. "(5) The Secretary may establish an alternative observer program to provide statistically reliable information on the species and number of marine mammals incidentally taken in the course of commercial fishing operations. The alternative observer program may include direct observation of fishing activities from vessels, airplanes, or points on shore. "(6) The Secretary is not required to place an observer on a vessel in a fishery if the Secretary finds that— "(A) in a situation in which 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 on a vessel for 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; or "(C) for reasons beyond the control of the Secretary, an observer is not available. "(7) The Secretary may, with the consent of the vessel owner, station an observer on board a vessel engaged in a fishery not listed under subsection (c)(1)(A)(i) or (ii).

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