15 CFR Part 905 — Use in Enforcement Proceedings of Information Collected by Voluntary Fishery Data Collectors

PART 905—USE IN ENFORCEMENT PROCEEDINGS OF INFORMATION COLLECTED BY VOLUNTARY FISHERY DATA COLLECTORS Authority: 16 U.S.C. 1853(f). Source: 60 FR 39251, Aug. 2, 1995, unless otherwise noted. § 905.1 Scope. This part applies to the use, in enforcement proceedings conducted pursuant to the Magnuson Act, the MMPA, and the ESA, of information collected by voluntary fishery data collectors. § 905.2 Definitions. When used in this part: Consenting owner Enforcement proceeding ESA et seq. Information Magnuson Act et seq. MMPA et seq., Secretary Vessel Voluntary fishery data collector (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. § 905.3 Access to information. Information collected by a voluntary fishery data collector: (a) Is subject to disclosure to both the Secretary and the public, to the extent required or authorized by law; and (b) Is subject to discovery by any party to an enforcement proceeding, to the extent required or authorized by law. § 905.4 Use of information. (a) Except as provided for in paragraph (b) of this section, information collected by a voluntary fishery data collector may not be introduced by the Secretary as evidence against any consenting owner that is a party to an enforcement proceeding. (b) Provided that all applicable evidentiary requirements are satisfied: (1) Information collected by a voluntary fishery data collector may be introduced in an enforcement proceeding by any party except the Secretary; (2) If information is introduced pursuant to paragraph (b)(1) of this section, all information collected by a voluntary fishery data collector may be introduced by any other party, including the Secretary. (c) Independent evidence derived from information collected by a voluntary fishery data collector may be introduced by any party, including the Secretary, in an enforcement proceeding. § 905.5 Exceptions. The provisions of this part shall not apply in any enforcement proceeding against a consenting owner that alleges the actual or attempted: (a) Assault, intimidation, or harassment (including sexual harassment) of any person; or (b) Impairment or interference with the duties of a voluntary fishery data collector.

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