§ 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.