16 U.S.C. § 8001 — Definitions
submitted 7 years ago by Pub. L. 116-92 to r/title-16-CONSERVATION · 906 words · no verdicts yet
This section defines maritime-security and fishing terms, including the exclusive economic zone, IUU fishing, priority regions and flag States, seafood, and transshipment. Some definitions incorporate other laws or international instruments.
In this chapter: (1) “AIS” means Automatic Identification System as defined in section 164.46 of title 33 of the Code of Federal Regulations, or a similar later rule. (2) “Combined Maritime Forces” means the 33-nation naval partnership established in February 2002 that promotes security, stability, and prosperity across about 3,200,000 square miles of international waters. (3) “Exclusive economic zone” means, unless the President identifies another meaning as in the public interest in a written Federal Register notice, (A) an area within a maritime boundary established by a treaty in force or provisionally applied by the United States, or, without such a treaty, (I) a zone extending 200 nautical miles from the baseline used to measure the territorial sea, or (II) if the United States and another country are less than 400 nautical miles apart, a zone ending at the line equally distant from them. (B) Its inner boundary is, without changing a Presidential Proclamation establishing the territorial sea or zone: (i) for coastal States, the line matching each State's seaward boundary described in section 1312 of title 43; (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 coastline; or (iv) for another U.S. possession, that possession's coastline. (C) This paragraph does not reduce the authority of the Defense Department, Interior Department, or another Federal department or agency. (4) “Food security” means access to, and availability, use, and stability of, enough food for an active, healthy life. (5) “Global record of fishing vessels, refrigerated transport vessels, and supply vessels” means the Food and Agriculture Organization of the United Nations initiative to quickly make certified vessel and vessel-activity data from State authorities available. (6) “IUU fishing” means illegal, unreported, or unregulated fishing, as defined in paragraph 3 of the specified 2001 International Plan of Action. This section does not define those three terms itself. (7) “Port State Measures Agreement” means the specified 2009 Food and Agriculture Organization agreement, in force June 5, 2016, providing standards for reporting and inspecting foreign-flagged fishing vessels at ports. (8) “Priority flag state” means a country selected under section 8032(b)(3) whose flagged vessels actively engage in, knowingly profit from, or are complicit in IUU fishing and that is willing but lacks capacity to monitor or effectively enforce against its fleet. (9) “Priority region” means a region selected under section 8032(b)(2) that has high risk of IUU fishing or illegally caught seafood entering regional markets and whose countries lack capacity to fully address it. (10) “Regional Fisheries Management Organization” means an intergovernmental fisheries organization or arrangement able to establish conservation and management measures. (11) “Seafood” means (A) marine finfish, mollusks, crustaceans, and all other marine animal and plant life, including life grown, produced, or raised through marine aquaculture, but (B) not marine mammals, turtles, or birds. (12) “Transnational organized illegal activity” means criminal activity by self-perpetuating associations operating across borders to obtain power, influence, or monetary or commercial gain wholly or partly illegally, while protecting their activities through corruption, violence, a cross-border organizational structure, or exploitation of cross-border commerce or communications. (13) “Transshipment” means refrigerated vessels that (A) collect catch from several fishing boats, (B) carry the combined catch to port, and (C) supply fishing boats, allowing them to stay at sea for long periods without entering port.
In this chapter:
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).
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.
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—
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
in the absence of a treaty described in clause (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
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.
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—
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);
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;
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
for any possession of the United States not referred to in clause (ii) or (iii), the coastline of such possession.
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.
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.
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.
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).
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.
The term “priority flag state” means a country selected in accordance with section 8032(b)(3) of this title—
whereby the flagged vessels of which actively engage in, knowingly profit from, or are complicit in IUU fishing; and
that is willing, but lacks the capacity, to monitor or take effective enforcement action against its fleet.
The term “priority region” means a region selected in accordance with section 8032(b)(2) of this title—
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
in which countries lack the capacity to fully address the illegal activity described in subparagraph (A).
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.
The term “seafood”—
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
does not include marine mammals, turtles, or birds.
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.
The term “transshipment” means the use of refrigerated vessels that—
collect catch from multiple fishing boats;
carry the accumulated catches back to port; and
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.)
- 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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