[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR905.2]



[Page 66]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 905_USE IN ENFORCEMENT PROCEEDINGS OF INFORMATION COLLECTED BY 

VOLUNTARY FISHERY DATA COLLECTORS--Table of Contents

 

Sec. 905.2  Definitions.



    When used in this part:

    Consenting owner means the owner, operator, or crewmember of a 

vessel carrying a voluntary fishery data collector.

    Enforcement proceeding means any judicial or administrative trial or 

hearing, initiated for the purpose of imposing any civil or criminal 

penalty authorized under the Magnuson Act, MMPA, or ESA, including but 

not limited to, any proceeding initiated to: Impose a monetary penalty; 

modify, sanction, suspend or revoke a lease, license or permit; secure 

forfeiture of seized property; or incarcerate an individual.

    ESA means the Endangered Species Act, as amended, 16 U.S.C. 1531 et 

seq., and implementing regulations.

    Information means all observations, data, statistics, photographs, 

film, or recordings collected by a voluntary fishery data collector for 

conservation and management purposes, as defined by the Magnuson Act, 

MMPA, or ESA, while onboard the vessel of a consenting owner.

    Magnuson Act means the Magnuson Fishery Conservation and Management 

Act, as amended, 16 U.S.C. 1801 et seq., and implementing regulations.

    MMPA means the Marine Mammal Protection Act, as amended, 16 U.S.C. 

1361 et seq., and implementing regulations.

    Secretary means the Secretary of Commerce, the Secretary of the 

Interior, their chosen designees, or any other Federal agency authorized 

to enforce the provisions of the Magnuson Act, MMPA, or ESA.

    Vessel means any vessel as defined at 16 U.S.C. 1802(31).

    Voluntary fishery data collector means:

    (1) Any person, including an observer or a sea sampler;

    (2) Placed aboard a vessel by the Secretary;

    (3) For the purpose of collecting information; and

    (4) Whose presence aboard that vessel is not required by the 

Secretary pursuant to provisions of the Magnuson Act, MMPA, or ESA, or 

their implementing regulations.