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16 U.S.C. § 8001Definitions

submitted 7 years ago by Pub. L. 116-92 to r/title-16-CONSERVATION · 906 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines terms used in a law fighting illegal fishing worldwide. It explains words like "IUU fishing," "exclusive economic zone," "seafood," and "transshipment." These definitions set the boundaries for the rest of the chapter's rules.

This section defines terms used throughout this chapter: (1) AIS. Automatic Identification System, as defined in 33 C.F.R. § 164.46 or a similar successor rule. (2) Combined Maritime Forces. A 33-nation naval partnership, started in February 2002, that promotes security, stability, and prosperity across about 3,200,000 square miles of international waters. (3) Exclusive economic zone. (A) Unless the President publishes a different rule in the Federal Register as being in the public interest, this means (i) the area within a zone set by a maritime boundary established through a treaty in force, or being provisionally applied, by the United States; or (ii) if there's no such treaty, either (I) a zone reaching out 200 nautical miles from the baseline used to measure the territorial sea, or (II) if the U.S. and another country are less than 400 nautical miles apart, a zone with an outer edge equally distant between the two countries. (B) The inner edge of the zone is: (i) for coastal states, a line matching the state's seaward boundary under 43 U.S.C. § 1312; (ii) for Puerto Rico, a line 3 marine leagues from its coastline; (iii) for American Samoa, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands, a line 3 geographic miles from each one's coastline; or (iv) for any other U.S. possession, that possession's coastline. (C) Nothing in this paragraph reduces the authority of the Department of Defense, the Department of the Interior, or any other federal agency. (4) Food security. Having access to, and enough available and stable, food to meet a person's calorie and nutrition needs for an active, healthy life. (5) Global record of fishing vessels, refrigerated transport vessels, and supply vessels. The Food and Agriculture Organization's initiative to quickly gather certified data from governments about vessels and their activities. (6) IUU fishing. Illegal fishing, unreported fishing, or unregulated fishing, as those terms are defined in paragraph 3 of the International Plan of Action adopted in Rome on March 2, 2001. (7) Port State Measures Agreement. The Food and Agriculture Organization's agreement, signed in Rome on November 22, 2009, and in force since June 5, 2016, setting standards for reporting and inspecting foreign fishing vessels at port. (8) Priority flag state. A country chosen under section 8032(b)(3) of this title because (A) its flagged vessels actively engage in, knowingly profit from, or help with illegal, unreported, or unregulated (IUU) fishing, and (B) it's willing but lacks the capacity to monitor or enforce against its own fleet. (9) Priority region. A region chosen under section 8032(b)(2) of this title because (A) it's at high risk for IUU fishing or for illegally caught seafood entering its markets, and (B) countries there lack the capacity to fully address that problem. (10) Regional Fisheries Management Organization. An intergovernmental fisheries organization or arrangement with the authority to set conservation and management measures. (11) Seafood. (A) Marine finfish, mollusks, crustaceans, and all other marine animal and plant life, including those raised through marine aquaculture. (B) It does not include marine mammals, turtles, or birds. (12) Transnational organized illegal activity. Criminal activity by groups of people who operate across borders to gain power, influence, or money through illegal means, protecting themselves through corruption, violence, or an organized structure that exploits international trade or communication. (13) Transshipment. The use of refrigerated vessels that (A) collect catch from multiple fishing boats, (B) carry the combined catch back to port, and (C) deliver supplies to fishing boats, letting those boats stay at sea longer without returning to port.
the actual law source: uscode.house.gov ↗public domain

In this chapter:

(1) AIS

The term “AIS” means Automatic Identification System (as defined in section 164.46 of title 33, Code of Federal Regulations, or a similar successor regulation).

(2) Combined Maritime Forces

The term “Combined Maritime Forces” means the 33-nation naval partnership, originally established in February 2002, which promotes security, stability, and prosperity across approximately 3,200,000 square miles of international waters.

(3) Exclusive economic zone
(A) In general

Unless otherwise specified by the President as being in the public interest in a writing published in the Federal Register, the term “exclusive economic zone” means—

(i)

the area within a zone established by a maritime boundary that has been established by a treaty in force or a treaty that is being provisionally applied by the United States; or

(ii)

in the absence of a treaty described in clause (i)—

(I)

a zone, the outer boundary of which is 200 nautical miles from the baseline from which the breadth of the territorial sea is measured; or

(II)

if the distance between the United States and another country is less than 400 nautical miles, a zone, the outer boundary of which is represented by a line equidistant between the United States and the other country.

(B) Inner boundary

Without affecting any Presidential Proclamation with regard to the establishment of the United States territorial sea or exclusive economic zone, the inner boundary of the exclusive economic zone is—

(i)

in the case of coastal States, a line coterminous with the seaward boundary of each such State (as described in section 1312 of title 43);

(ii)

in the case of the Commonwealth of Puerto Rico, a line that is 3 marine leagues from the coastline of the Commonwealth of Puerto Rico;

(iii)

in the case of American Samoa, the United States Virgin Islands, Guam, and the Northern Mariana Islands, a line that is 3 geographic miles from the coastlines of American Samoa, the United States Virgin Islands, Guam, or the Northern Mariana Islands, respectively; or

(iv)

for any possession of the United States not referred to in clause (ii) or (iii), the coastline of such possession.

(C) Rule of construction

Nothing in this paragraph may be construed to diminish the authority of the Department of Defense, the Department of the Interior, or any other Federal department or agency.

(4) Food security

The term “food security” means access to, and availability, utilization, and stability of, sufficient food to meet caloric and nutritional needs for an active and healthy life.

(5) Global record of fishing vessels, refrigerated transport vessels, and supply vessels

The term “global record of fishing vessels, refrigerated transport vessels, and supply vessels” means the Food and Agriculture Organization of the United Nations’ initiative to rapidly make available certified data from state authorities about vessels and vessel related activities.

(6) IUU fishing

The term “IUU fishing” means illegal fishing, unreported fishing, or unregulated fishing (as such terms are defined in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001).

(7) Port State Measures Agreement

The term “Port State Measures Agreement” means the Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing set forth by the Food and Agriculture Organization of the United Nations, done at Rome, Italy November 22, 2009, and entered into force June 5, 2016, which offers standards for reporting and inspecting fishing activities of foreign-flagged fishing vessels at port.

(8) Priority flag state

The term “priority flag state” means a country selected in accordance with section 8032(b)(3) of this title—

(A)

whereby the flagged vessels of which actively engage in, knowingly profit from, or are complicit in IUU fishing; and

(B)

that is willing, but lacks the capacity, to monitor or take effective enforcement action against its fleet.

(9) Priority region

The term “priority region” means a region selected in accordance with section 8032(b)(2) of this title—

(A)

that is at high risk for IUU fishing activity or the entry of illegally caught seafood into the markets of countries in the region; and

(B)

in which countries lack the capacity to fully address the illegal activity described in subparagraph (A).

(10) Regional Fisheries Management Organization

The term “Regional Fisheries Management Organization” means an intergovernmental fisheries organization or arrangement, as appropriate, that has the competence to establish conservation and management measures.

(11) Seafood

The term “seafood”—

(A)

means marine finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, including those grown, produced, or reared through marine aquaculture operations or techniques; and

(B)

does not include marine mammals, turtles, or birds.

(12) Transnational organized illegal activity

The term “transnational organized illegal activity” means criminal activity conducted by self-perpetuating associations of individuals who operate transnationally for the purpose of obtaining power, influence, or monetary or commercial gains, wholly or in part by illegal means, while protecting their activities through a pattern of corruption or violence or through a transnational organizational structure and the exploitation of transnational commerce or communication mechanisms.

(13) Transshipment

The term “transshipment” means the use of refrigerated vessels that—

(A)

collect catch from multiple fishing boats;

(B)

carry the accumulated catches back to port; and

(C)

deliver supplies to fishing boats, which allows fishing vessels to remain at sea for extended periods without coming into port.

Source credit: (Pub. L. 116–92, div. C, title XXXV, § 3532, Dec. 20, 2019, 133 Stat. 1997.)

history & why it existsrecord from the source credit
  • 2019Enacted · Pub. L. 116-92 · 133 Stat. 1997

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-92 on 2019-12-20.

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