16 U.S.C. § 5502 — Definitions
submitted 31 years ago by Pub. L. 104-43 to r/title-16-CONSERVATION · 694 words · no verdicts yet
This chapter defines the Agreement, FAO, high seas, covered fishing vessels, conservation measures, vessel length, person, Secretary, and vessel of the United States. It also adopts title 46 meanings for vessels subject to United States jurisdiction and vessels without nationality.
For this chapter:
(1) “Agreement” means the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the United Nations Food and Agriculture Organization conference on November 24, 1993. This chapter does not define “conference.”
(2) “FAO” means the United Nations Food and Agriculture Organization.
(3) “High seas” means waters beyond a nation's territorial sea or exclusive economic zone, or equivalent area, to the extent the United States recognizes that territorial sea or zone. This chapter does not define “territorial sea” or “exclusive economic zone.”
(4) “High seas fishing vessel” means a United States vessel or a vessel subject to United States jurisdiction used or intended for use (A) on the high seas, (B) to commercially exploit living marine resources, and (C) as a harvesting vessel, mother ship, or other support vessel directly involved in fishing.
(5) “International conservation and management measures” means measures to conserve or manage one or more living marine-resource species, adopted and applied consistently with relevant international law as reflected in the 1982 United Nations Convention on the Law of the Sea and recognized by the United States. Global, regional, or subregional fisheries organizations may adopt them, subject to their members' rights and duties, or they may come from treaties or other international agreements.
(6) “Length” means, for a vessel built after July 18, 1982, 96 percent of total waterline length at 85 percent of least molded depth measured from the keel top, or the distance from the stem's front to the rudder-stock axis on that waterline, whichever is greater. For a ship with a raked keel, the measuring waterline must be parallel to the designed waterline. For a vessel built before that date, it means the registered length in the vessel's documentation.
(7) “Person” means an individual, whether or not a United States citizen or national; a corporation, partnership, association, or other entity, whether or not organized under a State's laws; and a Federal, State, local, or foreign government or its entity.
(8) “Secretary” means the Commerce Secretary.
(9) “Vessel of the United States” means (A) a vessel documented under title 46, chapter 121, or numbered under chapter 123; (B) a vessel wholly or partly owned by the United States or one of its territories, commonwealths, or possessions; a State or political subdivision; a United States citizen or national; or a corporation created under United States, State, District of Columbia, or territorial, commonwealth, or possession law, unless it has foreign nationality under article 92 of the 1982 Law of the Sea Convention and its master or person in charge claims that nationality or registry during a United States enforcement action; or (C) a vessel once documented under United States law that was illegally sold to a noncitizen or placed under foreign registry or flag, whether or not it has foreign nationality.
(10) “Vessel subject to the jurisdiction of the United States” and “vessel without nationality” have the meanings in title 46, section 70502(c) and (d). This chapter does not define those terms.
As used in this chapter—
The term “Agreement” means the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993.
The term “FAO” means the Food and Agriculture Organization of the United Nations.
The term “high seas” means the waters beyond the territorial sea or exclusive economic zone (or the equivalent) of any nation, to the extent that such territorial sea or exclusive economic zone (or the equivalent) is recognized by the United States.
The term “high seas fishing vessel” means any vessel of the United States or subject to the jurisdiction of the United States used or intended for use—
on the high seas;
for the purpose of the commercial exploitation of living marine resources; and
as a harvesting vessel, as a mother ship, or as any other support vessel directly engaged in a fishing operation.
The term “international conservation and management measures” means measures to conserve or manage one or more species of living marine resources that are adopted and applied in accordance with the relevant rules of international law, as reflected in the 1982 United Nations Convention on the Law of the Sea, and that are recognized by the United States. Such measures may be adopted by global, regional, or sub-regional fisheries organizations, subject to the rights and obligations of their members, or by treaties or other international agreements.
The term “length” means—
for any high seas fishing vessel built after July 18, 1982, 96 percent of the total length on a waterline at 85 percent of the least molded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that is greater, except that in ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline; and
for any high seas fishing vessel built before July 18, 1982, registered length as entered on the vessel’s documentation.
The term “person” means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government.
The term “Secretary” means the Secretary of Commerce.
The term “vessel of the United States” means—
a vessel documented under chapter 121 of title 46 or numbered in accordance with chapter 123 of title 46;
a vessel owned in whole or part by—
the United States or a territory, commonwealth, or possession of the United States;
a State or political subdivision thereof;
a citizen or national of the United States; or
a corporation created under the laws of the United States or any State, the District of Columbia, or any territory, commonwealth, or possession of the United States; unless the vessel has been granted the nationality of a foreign nation in accordance with article 92 of the 1982 United Nations Convention on the Law of the Sea and a claim of nationality or registry for the vessel is made by the master or individual in charge at the time of the enforcement action by an officer or employee of the United States authorized to enforce applicable provisions of the United States law; and
a vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was either sold to a person not a citizen of the United States or placed under foreign registry or a foreign flag, whether or not the vessel has been granted the nationality of a foreign nation.
The terms “vessel subject to the jurisdiction of the United States” and “vessel without nationality” have the same meaning as in subsections (c) and (d) of section 70502 of title 46.
Source credit: (Pub. L. 104–43, title I, § 103, Nov. 3, 1995, 109 Stat. 367; Pub. L. 106–562, title III, § 305, Dec. 23, 2000, 114 Stat. 2807.)
- 1995Enacted · Pub. L. 104-43 · 109 Stat. 367
- 2000Amended · Pub. L. 106-562 · 114 Stat. 2807
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-43 on 1995-11-03.
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