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16 U.S.C. § 5609 — Definitions

submitted 31 years ago by Pub. L. 104-43 to r/title-16-CONSERVATION · 676 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines terms used in the chapter, including the Convention area, fishery resources, fishing activities, fishing vessels, and transshipment.

In this chapter:
(1) “1982 Convention” means the United Nations Convention on the Law of the Sea dated December 10, 1982.
(2) “Authorized enforcement officer” means a person authorized to enforce this chapter, a regulation under it, or a measure legally binding on the United States under the Convention.
(3) “Commission” means the body described in Articles V, VI, XIII, XIV, and XV of the Convention.
(4) “Commissioner” means a United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under section 5601.
(5) “Convention” means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, made at Ottawa on October 24, 1978, and amended September 28, 2007.
(6) “Convention Area” means the specified waters of the Northwest Atlantic Ocean north of 35°00′ N and west of the line running north from 35°00′ N, 42°00′ W to 59°00′ N, then west to 44°00′ W, then north to Greenland’s coast, plus the Gulf of St. Lawrence, Davis Strait, and Baffin Bay south of 78°10′ N.
(7) “Council” means the New England Fishery Management Council or the Mid-Atlantic Fishery Management Council.
(8)(A) “Fishery resources” means all fish, mollusks, and crustaceans, including their products, in the Convention Area. (B) It does not include (i) sedentary species over which coastal States may exercise sovereign rights consistent with Article 77 of the 1982 Convention; or (ii) to the extent other international treaties manage them, anadromous or catadromous stocks and highly migratory species listed in Annex I of the 1982 Convention.
(9)(A) “Fishing activities” means harvesting or processing fishery resources, transshipping fishery resources or their products, and any activity preparing for, supporting, or related to harvesting them. (B) It includes (i) actually or attempting to search for, catch, or take resources; (ii) any activity reasonably expected to locate, catch, take, or harvest resources for any purpose; and (iii) any at-sea operation supporting or preparing for those activities. (C) It does not include an operation related to an emergency involving crew health or safety or vessel safety.
(10)(A) “Fishing vessel” means a vessel that is or was engaged in fishing activities. (B) It includes a fish-processing vessel, a vessel engaged in transshipment or another activity preparing for or related to fishing, and a vessel engaged in experimental or exploratory fishing.
(11) “Organization” means the Northwest Atlantic Fisheries Organization described in Article V.
(12) “Person” means any individual, whether or not a United States citizen or national, and any corporation, partnership, association, or other entity, whether or not organized or existing under a State’s laws.
(13) “Representative” means a United States Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 5601.
(14) “Scientific Council” means the Scientific Council described in Articles V, VI, and VII.
(15) “Secretary” means the Secretary of Commerce.
(16) “State” means each United States State, the District of Columbia, and any other United States commonwealth, territory, or possession.
(17) “Transshipment” means unloading all or some fishery resources on a fishing vessel onto another fishing vessel, at sea or in port.

the actual law source: uscode.house.gov ↗public domain

In this chapter:

(1) 1982 Convention

The term “1982 Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982.

(2) Authorized enforcement officer

The term “authorized enforcement officer” means a person authorized to enforce this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention.

(3) Commission

The term “Commission” means the body provided for by Articles V, VI, XIII, XIV, and XV of the Convention.

(4) Commissioner

The term “Commissioner” means a United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under section 5601 of this title.

(5) Convention

The term “Convention” means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978, and as amended on September 28, 2007.

(6) Convention Area

The term “Convention Area” means the waters of the Northwest Atlantic Ocean north of 35°00′ N and west of a line extending due north from 35°00′ N and 42°00′ W to 59°00′ N, thence due west to 44°00′ W, and thence due north to the coast of Greenland, and the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78°10′ N.

(7) Council

The term “Council” means the New England Fishery Management Council or the Mid-Atlantic Fishery Management Council.

(8) Fishery resources
(A) In general

The term “fishery resources” means all fish, mollusks, and crustaceans, including any products thereof, within the Convention Area.

(B) Exclusions

The term “fishery resources” does not include—

(i)

sedentary species over which coastal States may exercise sovereign rights consistent with Article 77 of the 1982 Convention; or

(ii)

insofar as they are managed under other international treaties, anadromous and catadromous stocks and highly migratory species listed in Annex I of the 1982 Convention.

(9) Fishing activities
(A) In general

The term “fishing activities” means harvesting or processing fishery resources, or transhipping 1 of fishery resources or products derived from fishery resources, or any other activity in preparation for, in support of, or related to the harvesting of fishery resources.

(B) Inclusions

The term “fishing activities” includes—

(i)

the actual or attempted searching for or catching or taking of fishery resources;

(ii)

any activity that can reasonably be expected to result in locating, catching, taking, or harvesting of fishery resources for any purpose; and

(iii)

any operation at sea in support of, or in preparation for, any activity described in this paragraph.

(C) Exclusions

The term “fishing activities” does not include any operation related to emergencies involving the health and safety of crew members or the safety of a vessel.

(10) Fishing vessel
(A) In general

The term “fishing vessel” means a vessel that is or has been engaged in fishing activities.

(B) Inclusions

The term “fishing vessel” includes a fish processing vessel or a vessel engaged in transshipment or any other activity in preparation for or related to fishing activities, or in experimental or exploratory fishing activities.

(11) Organization

The term “Organization” means the Northwest Atlantic Fisheries Organization provided for by Article V of the Convention.

(12) Person

The term “person” means any individual (whether or not a citizen or national of the United States), and any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State).

(13) Representative

The term “Representative” means a United States Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 5601 of this title.

(14) Scientific council

The term “Scientific Council” means the Scientific Council provided for by Articles V, VI, and VII of the Convention.

(15) Secretary

The term “Secretary” means the Secretary of Commerce.

(16) State

The term “State” means each of the several States of the United States, the District of Columbia, and any other commonwealth, territory, or possession of the United States.

(17) Transshipment

The term “transshipment” means the unloading of all or any of the fishery resources on board a fishing vessel to another fishing vessel either at sea or in port.

Source credit: (Pub. L. 104–43, title II, § 210, Nov. 3, 1995, 109 Stat. 381; Pub. L. 105–384, title II, § 201(b)(3), Nov. 13, 1998, 112 Stat. 3451; Pub. L. 114–327, title V, § 508, Dec. 16, 2016, 130 Stat. 1996.)

history & why it existsrecord from the source credit
  • 1995Enacted · Pub. L. 104-43 · 109 Stat. 381
  • 1998Amended · Pub. L. 105-384 · 112 Stat. 3451
  • 2016Amended · Pub. L. 114-327 · 130 Stat. 1996

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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