16 U.S.C. § 7701 — Definitions

(1) “Commission” means the North Pacific Fisheries Commission established under the North Pacific Fisheries Convention.

(2) “Commissioner” means a United States Commissioner appointed under section 7702(a) of this title.

(3) “Convention Area” means the area covered by the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean under Article 4 of that Convention.

(4) “Council” means the North Pacific Fishery Management Council, the Pacific Fishery Management Council, or the Western Pacific Fishery Management Council established under section 1852 of this title, as the context requires.

(5) “Exclusive economic zone” means: (A) for the United States, the zone established by Presidential Proclamation Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 note); and (B) for a foreign country, a designated zone similar to the zone described in subparagraph (A) for that country, consistent with international law.

(6) “Fisheries resources” means the following, except as provided in subparagraph (B):

(A) In general — All fish, mollusks, crustaceans, and other marine species caught by a fishing vessel within the Convention Area, and any products of those species.

(B) Exclusions — “Fisheries resources” does not include: (i) sedentary species insofar as they are subject to the sovereign rights of coastal nations consistent with Article 77, paragraph 4 of the “1982 Convention,” or indicator species of vulnerable marine ecosystems as listed in, or adopted pursuant to, Article 13, paragraph 5 of the North Pacific Fisheries Convention; (ii) catadromous species; (iii) marine mammals, marine reptiles, or seabirds; or (iv) other marine species already covered by preexisting international fisheries management instruments, within the area of competence of those instruments.

(7) “Fishing activities” means:

(A) In general — (i) actually or attempting to search for, catch, take, or harvest fisheries resources; (ii) engaging in an activity that can reasonably be expected to result in locating, catching, taking, or harvesting fisheries resources for any purpose; (iii) processing fisheries resources at sea; (iv) transferring fisheries resources at sea or in port; or (v) any operation at sea that directly supports or prepares for any activity described in clauses (i) through (iv), including transferring fisheries resources.

(B) Exclusions — “Fishing activities” does not include an operation related to an emergency involving the health or safety of a crew member or the safety of a fishing vessel.

(8) “Fishing vessel” means any vessel used or intended for use to engage in fishing activities. This includes a processing vessel, support ship, carrier vessel, or any other vessel directly engaged in those fishing activities.

(9) “High seas” does not include an area within the exclusive economic zone of the United States or of any other country.

(10) “North Pacific Fisheries Convention” means the Convention on the Conservation and Management of the High Seas Fisheries Resources in the North Pacific Ocean, including any annexes, amendments, or protocols that are in force, or have come into force, for the United States. It was adopted at Tokyo on February 24, 2012.

(11) “Person” means: (A) any individual, whether or not a citizen or national of the United States; (B) any corporation, partnership, association, or other entity, whether or not organized or existing under the laws of any State; or (C) any Federal, State, local, tribal, or foreign government or any entity of such a government.

(12) Except as otherwise specifically provided, “Secretary” means the Secretary of Commerce.

(13) “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States.

(14) “Straddling stock” means a stock of fisheries resources that migrates between, or occurs in, the economic exclusion zone of one or more parties to the Convention and the Convention Area.

(15) “Transshipment” means unloading fisheries resources taken in the Convention Area from one fishing vessel to another fishing vessel, either at sea or in port.

(16) “1982 Convention” means the United Nations Convention on the Law of the Sea of December 10, 1982.