r/title-16-CONSERVATION wiki — defined terms

“registered holding company” applies in that section

The terms “holding company”, “registered holding company”, and “holding company system” have the same meaning as when used in the Public Utility Holding Company Act of 1935. 1

“floating cabin” applies in that section

the term “floating cabin” means a watercraft or other floating structure— (1) primarily designed and used for human habitation or occupation; and (2) not primarily designed or used for navigation or transportation on water. (b) Recreational access The Board may allow the use of a floating cabin if— (1) the floating cabin is maintained by the owner to reasonable health, safety, and environmental standards, as required by the Board; (2) the Corporation has authorized the use of recreational vessels on the waters; and (3) the floating cabin was located on waters under the jurisdiction of the Corporation as of December 16, 2016 .

“system cost” applies in that section

the term “system cost” means all direct and quantifiable net costs for an energy resource over its available life, including the cost of production, transportation, utilization, waste management, environmental compliance, and, in the case of imported energy resources, maintaining access to foreign sources of supply.

“cooperative” applies throughout its chapter

the term “cooperative”, or “cooperatives”, means any form of nonprofit-making organization or organizations of citizens supplying, or which may be created to supply, members with any kind of goods, commodities, or services, as nearly as possible at cost.

“cooperatives” applies throughout its chapter

the term “cooperative”, or “cooperatives”, means any form of nonprofit-making organization or organizations of citizens supplying, or which may be created to supply, members with any kind of goods, commodities, or services, as nearly as possible at cost.

“public bodies” applies throughout its chapter

the term “public body”, or “public bodies”, means States, public power districts, counties, and municipalities, including agencies or subdivisions of any thereof. As employed in this chapter,

“public body” applies throughout its chapter

the term “public body”, or “public bodies”, means States, public power districts, counties, and municipalities, including agencies or subdivisions of any thereof. As employed in this chapter,

“Administrator” applies in that section

The term “Administrator” means the Administrator of the Bonneville Power Administration. (2) Council

“Council” applies in that section

The term “Council” means the Northwest Power and Conservation Planning Council. (3) Excess Federal power

“excess Federal power” applies in that section

The term “excess Federal power” means such electric power that has become surplus to the firm contractual obligations of the Administrator under section 839c(f) of this title due to either— (A) any reduction in the quantity of electric power that the Administrator is contractually required to supply under subsections (b) and (d) of section 839c of this title , due to the election by customers of the Bonneville Power Administration to purchase electric power from other suppliers, as compared to the quantity of electric power that the Administrator was contractually required to supply as of January 1, 1995 ; or (B) those operations of the Federal Columbia River Power System that are primarily …

“cooperative,” applies throughout its chapter

the term “cooperative,” or “cooperatives,” means any form of nonprofit-making organization or organizations of citizens supplying, or which may be created to supply, members with any kind of goods, commodities, or services, as nearly as possible at cost.

“cooperatives,” applies throughout its chapter

the term “cooperative,” or “cooperatives,” means any form of nonprofit-making organization or organizations of citizens supplying, or which may be created to supply, members with any kind of goods, commodities, or services, as nearly as possible at cost.

“public bodies,” applies throughout its chapter

the term “public body,” or “public bodies,” means States, public power districts, counties, and municipalities, including agencies or subdivisions of any thereof. As employed in this chapter,

“public body,” applies throughout its chapter

the term “public body,” or “public bodies,” means States, public power districts, counties, and municipalities, including agencies or subdivisions of any thereof. As employed in this chapter,

“Pacific Northwest” applies in that section

the term “Pacific Northwest” has the meaning ascribed to it in section 837 of this title .

“net revenues” applies in that section

the term “net revenues” means revenues as determined from time to time which are not required for the repayment of (1) all costs allocated to power at projects in the Pacific Northwest then existing or authorized, including the cost of acquiring power by purchase or exchange, and (2) presently authorized assistance from power to irrigation at projects in the Pacific Northwest existing and authorized prior to September 7, 1966 .

“Administrator” applies throughout its chapter

The term “Administrator” means the Administrator, Bonneville Power Administration.;

“electric power” applies throughout its chapter

The term “electric power” means electric peaking capacity or electric energy, or both.;

“major transmission facilities” applies throughout its chapter

The term “major transmission facilities” means transmission facilities intended to be used to provide services not previously provided by the Bonneville Power Administration with its own facilities.

“Account” applies in that section

The term “Account” means the account established by subsection (b)(1). (2) Administrator

“Administrator” applies in that section

The term “Administrator” means the Administrator of the Bonneville Power Administration. (3) Canadian Entitlement

“Canadian Entitlement” applies in that section

The term “Canadian Entitlement” means the downstream power benefits that Canada is entitled to under Article V of the Treaty Relating to Cooperative Development of the Water Resources of the Columbia River Basin, signed at Washington January 17, 1961 (15 UST 1555; TIAS 5638). (b) Transmission coordination and expansion (1) Establishment There is established in the Treasury an account for the purposes of making expenditures to increase bilateral transfers of renewable electric generation between the western United States and Canada.

“system cost” applies in that section

the term “system cost” means an estimate of all direct costs of a measure or resource over its effective life, including, if applicable, the cost of distribution and transmission to the consumer and, among other factors, waste disposal costs, end-of-cycle costs, and fuel costs (including projected increases), and such quantifiable environmental costs and benefits as the Administrator determines, on the basis of a methodology developed by the Council as part of the plan, or in the absence of the plan by the Administrator, are directly attributable to such measure or resource.

“existing direct service industrial customer” applies in that section

the term “existing direct service industrial customer” means any direct service industrial customer of the Administrator which has a contract for the purchase of electric power from the Administrator on December 5, 1980 .;

“joint operating entity” applies in that section

the term “joint operating entity” means an entity that is lawfully organized under State law as a public body or cooperative prior to September 22, 2000 , and is formed by and whose members or participants are two or more public bodies or cooperatives, each of which was a customer of the Bonneville Power Administration on or before January 1, 1999 . (B) Sale .— Pursuant to paragraph (1), the Administrator shall sell, at wholesale to a joint operating entity, electric power solely for the purpose of meeting the regional firm power consumer loads of regional public bodies and cooperatives that are members of or participants in the joint operating entity.

“new direct service industrial customer” applies in that section

The term “new direct service industrial customer” means any industrial entity other than an existing direct service industrial customer. (C) (i) Where a new contract is offered in accordance with subsection (g) to any existing direct service industrial customer which has not received electric power prior to December 5, 1980 , from the Administrator pursuant to a contract with the Administrator existing on December 5, 1980 , electric power delivered under such new contract shall be conditioned on the Administrator reasonably acquiring, in accordance with this chapter and within such estimated period of time (as specified in the contract) as he deems reasonable, sufficient resources to meet, …

“surplus energy” applies in that section

the term “surplus energy” shall mean electric energy for which there is no market in the Pacific Northwest at any rate established for the disposition of such energy, and

“surplus peaking capacity” applies in that section

the term “surplus peaking capacity” shall mean electric peaking capacity for which there is no demand in the Pacific Northwest at the rate established for the disposition of such capacity. The authority granted, and duties imposed upon, the Secretary by sections 5 and 7 of such Act ( 16 U.S.C. 837e and 837f) [ 16 U.S.C. 837d and 837f] shall also apply to the Administrator in connection with resources acquired by the Administrator pursuant to this chapter.

“Committee” applies throughout its chapter

the term “Committee” means the Great Lakes Fish and Wildlife Restoration Proposal Review Committee established by section 941c(c) of this title ;

“Director” applies throughout its chapter

the term “Director” means the Director of the United States Fish and Wildlife Service;

“Great Lakes Basin” applies throughout its chapter

the term “Great Lakes Basin” means the air, land, water, and living organisms within the drainage basin of the Saint Lawrence River at or upstream from the point at which the river becomes the international boundary between Canada and the United States;

“Indian Tribe” applies throughout its chapter

the term “Indian Tribe” means any Indian tribe, band, village, nation, or other organized group or community that is recognized by the Bureau of Indian Affairs as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, and that has Great Lakes fish and wildlife management authority in the Great Lakes Basin;

“lower Great Lakes” applies throughout its chapter

the term “lower Great Lakes” means the region in which is located that portion of the Great Lakes Basin which is downstream from the confluence of the Saint Clair River and Lake Huron near Port Huron, Michigan;

“non-Federal source” applies throughout its chapter

the term “non-Federal source” includes a State government, local government, Indian tribe, other non-Federal governmental entity, private entity, and individual;

“nonindigenous species” applies throughout its chapter

the term “nonindigenous species” means a species of plant, animal, or other organism that did not occur in the Great Lakes Basin before European colonization of North America;

“regional project” applies throughout its chapter

the term “regional project” means authorized activities of the United States Fish and Wildlife Service related to fish and wildlife resource protection, restoration, maintenance, and enhancement impacting multiple States or Indian Tribes with fish and wildlife management authority in the Great Lakes basin;

“Report” applies throughout its chapter

the term “Report” means the United States Fish and Wildlife Service report entitled “Great Lakes Fishery Resources Restoration Study”, submitted to the President of the Senate and the Speaker of the House of Representatives on September 13, 1995 ;

“restoration” applies throughout its chapter

the term “restoration” means rehabilitation and maintenance of the structure, function, diversity, and dynamics of a biological system, including reestablishment of self-sustaining populations of fish and wildlife;

“State Director” applies throughout its chapter

the term “State Director” means the head of the agency, department, board, commission, or other governmental entity of each of the States of New York, Ohio, Indiana, Illinois, Michigan, Wisconsin, Minnesota, and the Commonwealth of Pennsylvania which is responsible for the management and conservation of the fish and wildlife resources of that State; and;

“upper Great Lakes” applies throughout its chapter

the term “upper Great Lakes” means that portion of the Great Lakes Basin which is upstream from the confluence of the Saint Clair River and Lake Huron near Port Huron, Michigan.

“Director” applies in that section

The term “Director” means the Director of the United States Geological Survey. (2) Great Lakes Basin

“Great Lakes Basin” applies in that section

The term “Great Lakes Basin” means the air, land, water, and living organisms in the United States within the drainage basin of the Saint Lawrence River at and upstream from the point at which such river and the Great Lakes become the international boundary between Canada and the United States. (b) Findings Congress finds the following: (1) The Great Lakes support a diverse ecosystem, on which the vibrant and economically valuable Great Lakes fisheries depend.

“Antigua Convention” applies throughout its chapter

The term “Antigua Convention” means the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention Between the United States of America and the Republic of Costa Rica, signed at Washington, November 14, 2003 . (2) Commission

“Commission” applies throughout its chapter

The term “Commission” means the Inter-American Tropical Tuna Commission provided for by the Convention. (3) Convention

“Convention” applies throughout its chapter

The term “Convention” means— (A) the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington, May 31, 1949 , by the United States of America and the Republic of Costa Rica; (B) the Antigua Convention, upon its entry into force for the United States, and any amendments thereto that are in force for the United States; or (C) both such Conventions, as the context requires. (4) Person

“person” applies throughout its chapter

The term “person” means an individual, partnership, corporation, or association subject to the jurisdiction of the United States. (5) United States

“United States” applies throughout its chapter

The term “United States” includes all areas under the sovereignty of the United States. (6) United States Commissioners The term “United States commissioners” 1 means the individuals appointed in accordance with section 952(a) of this title .

“Commission” applies throughout its chapter

The term “Commission” means the International Commission for the Conservation of Atlantic Tunas provided for in article III of the Convention.;

“conservation recommendation” applies throughout its chapter

The term “conservation recommendation” means any recommendation of the Commission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under section 971c(a) of this title .;

“Convention” applies throughout its chapter

The term “Convention” means the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966 , including any amendments or protocols which are or become effective for the United States.;

“Council” applies throughout its chapter

The term “Council” means the Council established within the International Commission for the Conservation of Atlantic Tunas pursuant to article V of the Convention.;

“exclusive economic zone” applies throughout its chapter

The term “exclusive economic zone” means an exclusive economic zone as defined in section 1802 of this title .;

“fishing” applies throughout its chapter

The term “fishing” means the catching, taking, or fishing for or the attempted catching, taking, or fishing for any species of fish covered by the Convention, or any activities in support thereof.;

“fishing vessel” applies throughout its chapter

The term “fishing vessel” means any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities.;

“Panel” applies throughout its chapter

The term “Panel” means any panel established by the Commission pursuant to article VI of the Convention.;

“person” applies throughout its chapter

The term “person” means every individual, partnership, corporation, and association subject to the jurisdiction of the United States.;

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Commerce.;

“State” applies throughout its chapter

The term “State” includes each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

“Administrator” applies throughout its chapter

The term “Administrator” means the individual or organization designated by the Pacific Island Parties to act on their behalf under the Treaty and notified to the United States Government.;

“applicable national law” applies throughout its chapter

The term “applicable national law” means any provision of law of a Pacific Island Party which is noticed and in effect in accordance with the Treaty.;

“Authorized Officer” applies throughout its chapter

The term “Authorized Officer” means any officer who is authorized by the Secretary, or the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an enforcement agreement with the Secretary under section 973h(a) of this title .;

“Authorized Party Officer” applies throughout its chapter

The term “Authorized Party Officer” means any officer authorized by a Pacific Island Party to enforce the provisions of the Treaty.;

“Closed Area” applies throughout its chapter

The term “Closed Area” means any area within the jurisdiction of a Pacific Island Party that is closed to vessels pursuant to a national law of that Pacific Island Party and is noticed and in effect in accordance with the Treaty.;

“fishing” applies throughout its chapter

The term “fishing” means— (A) searching for, catching, taking, or harvesting fish; (B) attempting to search for, catch, take, or harvest fish; (C) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking, or harvesting of fish for any purpose; (D) placing, searching for, or recovering fish aggregating devices or associated electronic equipment such as radio beacons; (E) any operations at sea directly in support of, or in preparation for, any activity described in this paragraph; or (F) use of any other vessel, vehicle, aircraft, or hovercraft for any activity described in this paragraph except for emergencies involving the health or safety …

“fishing vessel” applies in that section

The term “fishing vessel” or “vessel” means any boat, ship, or other craft which is used for, equipped to be used for, or of a type normally used for ommercial purse seine fishing for tuna, and which is documented under the laws of the United States.;

“Licensing Area” applies in that section

The term “Licensing Area” means all waters under the jurisdiction of a Pacific Island Party, except for internal waters, territorial seas, archipelagic waters, and any Closed Area.;

“licensing period” applies in that section

The term “licensing period” means the period of validity of licenses issued in accordance with the Treaty.;

“operator” applies in that section

The term “operator” means any person who is in charge of, directs or controls a vessel, including the owner, charterer, and master.;

“Pacific Island Party” applies in that section

The term “Pacific Island Party” means a Pacific Island nation which is a party to the Treaty.;

“person” applies in that section

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.;

“regional terms and conditions” applies in that section

The term “regional terms and conditions” means any of the terms or conditions attached by the Administrator to a license issued by the Administrator, as notified by the Secretary.;

“Secretary” applies in that section

The term “Secretary” means the Secretary of Commerce, or the designee of the Secretary of Commerce.;

“State” applies in that section

The term “State” means each of the several States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States.;

“Treaty” applies in that section

The term “Treaty” means the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America, signed in Port Moresby, Papua New Guinea, April 2, 1987 , and its Annexes, Schedules, and implementing agreements.

“vessel” applies in that section

The term “fishing vessel” or “vessel” means any boat, ship, or other craft which is used for, equipped to be used for, or of a type normally used for ommercial purse seine fishing for tuna, and which is documented under the laws of the United States.;

“covered water resource project” applies in that section

The term “covered water resource project” means a work of improvement carried out under any of the following: (A) This chapter. (B) Section 13 of the Act of December 22, 1944 ( Public Law 78–534 ; 58 Stat. 905 ). (C) The pilot watershed program authorized under the heading “ Flood Prevention ” of the Department of Agriculture Appropriation Act, 1954 (Public Law 156; 67 Stat. 214 ). (D) Subtitle H of title XV of the Agriculture and Food Act of 1981 ( 16 U.S.C. 3451 et seq.; commonly known as the Resource Conservation and Development Program). (3) Structural measure

“structural measure” applies in that section

The term “structural measure” means a physical improvement that impounds water, commonly known as a dam, which was constructed as part of a covered water resource project, including the impoundment area and flood pool. (b) Cost share assistance for rehabilitation (1) Assistance authorized The Secretary may provide financial assistance to a local organization to cover a portion of the total costs incurred for the rehabilitation of structural measures originally constructed as part of a covered water resource project.

“affected stakeholder” applies throughout its chapter

The term “affected stakeholder” means an entity that significantly affects, or is significantly affected by, the quality or quantity of water in a watershed, as determined by the Secretary. (2) Disadvantaged community

“disadvantaged community” applies throughout its chapter

The term “disadvantaged community” means a community (including a city, town, county, or reasonably isolated and divisible segment of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (3) Grant recipient

“grant recipient” applies throughout its chapter

The term “grant recipient” means a watershed group that the Secretary has selected to receive a grant under section 1015a(c)(2) of this title . (4) Program

“program” applies throughout its chapter

The term “program” means the Cooperative Watershed Management Program established by the Secretary under section 1015a(a) of this title . (5) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of the Interior. (6) Watershed group

“watershed group” applies throughout its chapter

The term “watershed group” means a self-sustaining, cooperative watershed-wide group that— (A) is comprised of representatives of the affected stakeholders of the relevant watershed; (B) incorporates the perspectives of a diverse array of stakeholders, including, to the maximum extent practicable— (i) representatives of— (I) hydroelectric production; (II) livestock grazing; (III) timber production; (IV) land development; (V) recreation or tourism; (VI) irrigated agricultural production; (VII) the environment; (VIII) potable water purveyors and industrial water users; (IX) private property owners within the watershed; and (X) disadvantaged communities; (ii) any Federal agency that has …

“watershed management project” applies throughout its chapter

The term “watershed management project” means any project (including a demonstration project) that— (A) enhances water conservation, including alternative water uses; (B) improves water quality; (C) improves ecological resiliency of a river or stream, including benefits to fisheries, wildlife, or habitat; (D) reduces the potential for water conflicts; or (E) advances any other goals associated with water quality or quantity that the Secretary determines to be appropriate.

“Canadian members” applies throughout its chapter

The term “Canadian members” means members of the Commission appointed by the appropriate authorities in Canada.

“Commission” applies throughout its chapter

The term “Commission” means the Roosevelt Campobello International Park Commission.;

“United States members” applies throughout its chapter

The term “United States members” means members of the Commission appointed by the President.

“obsolete ship” applies in that section

the term “obsolete ship” means any vessel owned by the Department of Transportation that has been determined to be of insufficient value for commercial or national defense purposes to warrant its maintenance and preservation in the national defense reserve fleet and has been designated as an artificial reef candidate.

“extended trails” applies in that section

the term “extended trails” means trails or trail segments which total at least one hundred miles in length, except that historic trails of less than one hundred miles may be designated as extended trails. While it is desirable that extended trails be continuous, studies of such trails may conclude that it is feasible to propose one or more trail segments which, in the aggregate, constitute at least one hundred miles in length.

“route” applies in that section

The term “route” includes a trail segment commonly known as a cutoff. (B) Shared route

“shared route” applies in that section

The term “shared route” means a route that was a segment of more than 1 historic trail, including a route shared with an existing national historic trail. (2) Requirements for revision (A) In general The Secretary of the Interior shall revise the feasibility and suitability studies for certain national trails for consideration of possible additions to the trails. (B) Study requirements and objectives The study requirements and objectives specified in subsection (b) shall apply to a study required by this subsection.

“conservation system unit” applies in that section

The term “conservation system unit” has the same meaning given such term in the Alaska National Interest Lands Conservation Act ( Public Law 96–487 ; 94 Stat. 2371 et seq.), except that such term shall also include units outside Alaska.;

“public lands” applies in that section

The term “public lands” has the same meaning given such term in the Federal Land Policy and Management Act of 1976 [ 43 U.S.C. 1701 et seq.].

“high potential historic sites” applies throughout its chapter

The term “high potential historic sites” means those historic sites related to the route, or sites in close proximity thereto, which provide opportunity to interpret the historic significance of the trail during the period of its major use. Criteria for consideration as high potential sites include historic significance, presence of visible historic remnants, scenic quality, and relative freedom from intrusion.;

“high potential route segments” applies throughout its chapter

The term “high potential route segments” means those segments of a trail which would afford high quality recreation experience in a portion of the route having greater than average scenic values or affording an opportunity to vicariously share the experience of the original users of a historic route.;

“State” applies throughout its chapter

The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and any other territory or possession of the United States.;

“without expense to the United States” applies throughout its chapter

The term “without expense to the United States” means that no funds may be expended by Federal agencies for the development of trail related facilities or for the acquisition of lands or interests in lands outside the exterior boundaries of Federal areas. For the purposes of the preceding sentence, amounts made available to any State or political subdivision under chapter 2003 of title 54 or any other provision of law shall not be treated as an expense to the United States.

“wetlands” applies throughout its chapter

the term “wetlands” means (1) the inland fresh areas described as types 1 through 7 in Circular 39, Wetlands of the United States, published by the United States Department of the Interior (or the inland fresh areas corresponding to such types in any successor wetland classification system developed by the Department of the Interior), (2) artificially developed inland fresh areas that meet the description of the inland fresh areas described in clause (1) of this sentence, and (3) such other wetland types as the Secretary may designate.

“Alaska Native organization” applies throughout its chapter

The term “Alaska Native organization” means a group designated by law or formally chartered which represents or consists of Indians, Aleuts, or Eskimos residing in Alaska.;

“bona fide research” applies throughout its chapter

The term “bona fide research” means scientific research on marine mammals, the results of which— (A) likely would be accepted for publication in a referred scientific journal; (B) are likely to contribute to the basic knowledge of marine mammal biology or ecology; or (C) are likely to identify, evaluate, or resolve conservation problems.;

“competent regional organization” applies throughout its chapter

The term “competent regional organization”— (A) for the tuna fishery in the eastern tropical Pacific Ocean, means the Inter-American Tropical Tuna Commission; and (B) in any other case, means an organization consisting of those nations participating in a tuna fishery, the purpose of which is the conservation and management of that fishery and the management of issues relating to that fishery. (18);

“conservation” applies throughout its chapter

The terms “conservation” and “management” mean the collection and application of biological information for the purposes of increasing and maintaining the number of animals within species and populations of marine mammals at their optimum sustainable population. Such terms include the entire scope of activities that constitute a modern scientific resource program, including, but not limited to, research, census, law enforcement, and habitat acquisition and improvement. Also included within these terms, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking.;

“Declaration of Panama” applies throughout its chapter

The term “Declaration of Panama” means the declaration signed in Panama City, Republic of Panama, on October 4, 1995 .

“depleted” applies throughout its chapter

The term “depletion” or “depleted” means any case in which— (A) the Secretary, after consultation with the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III of this chapter, determines that a species or population stock is below its optimum sustainable population; (B) a State, to which authority for the conservation and management of a species or population stock is transferred under section 1379 of this title , determines that such species or stock is below its optimum sustainable population; or (C) a species or population stock is listed as an endangered species or a threatened species under the Endangered Species Act of …

“depletion” applies throughout its chapter

The term “depletion” or “depleted” means any case in which— (A) the Secretary, after consultation with the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III of this chapter, determines that a species or population stock is below its optimum sustainable population; (B) a State, to which authority for the conservation and management of a species or population stock is transferred under section 1379 of this title , determines that such species or stock is below its optimum sustainable population; or (C) a species or population stock is listed as an endangered species or a threatened species under the Endangered Species Act of …

“district court of the United States” applies throughout its chapter

The term “district court of the United States” includes the District Court of Guam, District Court of the Virgin Islands, District Court of Puerto Rico, District Court of the Canal Zone, and, in the case of American Samoa and the Trust Territory of the Pacific Islands, the District Court of the United States for the District of Hawaii. (4) The term “humane” in the context of the taking of a marine mammal means that method of taking which involves the least possible degree of pain and suffering practicable to the mammal involved.;

“fishery” applies throughout its chapter

The term “fishery” means— (A) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and (B) any fishing for such stocks.;

“harassment” applies throughout its chapter

The term “harassment” means any act of pursuit, torment, or annoyance which— (i) has the potential to injure a marine mammal or marine mammal stock in the wild; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering. (B) In the case of a military readiness activity (as defined in section 315(f) of Public Law 107–314 ; 16 U.S.C. 703 note) or a scientific research activity conducted by or on behalf of the Federal Government consistent with section 1374(c)(3) of this title ,

“intermediary nation” applies throughout its chapter

The term “intermediary nation” means a nation that exports yellowfin tuna or yellowfin tuna products to the United States and that imports yellowfin tuna or yellowfin tuna products that are subject to a direct ban on importation into the United States pursuant to section 1371(a)(2)(B) of this title .;

“International Dolphin Conservation Program” applies throughout its chapter

The term “International Dolphin Conservation Program” means the international program established by the agreement signed in LaJolla, California, in June, 1992, as formalized, modified, and enhanced in accordance with the Declaration of Panama.;

“Level A harassment” applies throughout its chapter

The term “Level A harassment” means harassment described in subparagraph (A)(i) or, in the case of a military readiness activity or scientific research activity described in subparagraph (B), harassment described in subparagraph (B)(i).;

“Level B harassment” applies throughout its chapter

The term “Level B harassment” means harassment described in subparagraph (A)(ii) or, in the case of a military readiness activity or scientific research activity described in subparagraph (B), harassment described in subparagraph (B)(ii).;

“management” applies throughout its chapter

The terms “conservation” and “management” mean the collection and application of biological information for the purposes of increasing and maintaining the number of animals within species and populations of marine mammals at their optimum sustainable population. Such terms include the entire scope of activities that constitute a modern scientific resource program, including, but not limited to, research, census, law enforcement, and habitat acquisition and improvement. Also included within these terms, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking.;

“marine mammal” applies throughout its chapter

The term “marine mammal” means any mammal which (A) is morphologically adapted to the marine environment (including sea otters and members of the orders Sirenia, Pinnipedia and Cetacea), or (B) primarily inhabits the marine environment (such as the polar bear); and, for the purposes of this chapter, includes any part of any such marine mammal, including its raw, dressed, or dyed fur or skin.;

“marine mammal product” applies throughout its chapter

The term “marine mammal product” means any item of merchandise which consists, or is composed in whole or in part, of any marine mammal.;

“minimum population estimate” applies throughout its chapter

The term “minimum population estimate” means an estimate of the number of animals in a stock that— (A) is based on the best available scientific information on abundance, incorporating the precision and variability associated with such information; and (B) provides reasonable assurance that the stock size is equal to or greater than the estimate.;

“moratorium” applies throughout its chapter

The term “moratorium” means a complete cessation of the taking of marine mammals and a complete ban on the importation into the United States of marine mammals and marine mammal products, except as provided in this chapter.;

“net productivity rate” applies throughout its chapter

The term “net productivity rate” means the annual per capita rate of increase in a stock resulting from additions due to reproduction, less losses due to mortality.;

“optimum sustainable population” applies throughout its chapter

The term “optimum sustainable population” means, with respect to any population stock, the number of animals which will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element.;

“person” applies throughout its chapter

The term “person” includes (A) any private person or entity, and (B) any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof, or of any foreign government.;

“population stock” applies throughout its chapter

The term “population stock” or “stock” means a group of marine mammals of the same species or smaller taxa in a common spatial arrangement, that interbreed when mature. (12) (A) Except as provided in subparagraph (B),

“potential biological removal level” applies throughout its chapter

The term “potential biological removal level” means the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population. The potential biological removal level is the product of the following factors: (A) The minimum population estimate of the stock. (B) One-half the maximum theoretical or estimated net productivity rate of the stock at a small population size. (C) A recovery factor of between 0.1 and 1.0.;

“Regional Fishery Management Council” applies throughout its chapter

The term “Regional Fishery Management Council” means a Regional Fishery Management Council established under section 1852 of this title .;

“Secretary” applies throughout its chapter

the term “Secretary” means— (i) the Secretary of the department in which the National Oceanic and Atmospheric Administration is operating, as to all responsibility, authority, funding, and duties under this chapter with respect to members of the order Cetacea and members, other than walruses, of the order Pinnipedia, and (ii) the Secretary of the Interior as to all responsibility, authority, funding, and duties under this chapter with respect to all other marine mammals covered by this chapter. (B) in 1 section 1387 of this title and subchapter V (other than section 1421f–1 of this title )

“stock” applies throughout its chapter

The term “population stock” or “stock” means a group of marine mammals of the same species or smaller taxa in a common spatial arrangement, that interbreed when mature. (12) (A) Except as provided in subparagraph (B),

“strategic stock” applies throughout its chapter

The term “strategic stock” means a marine mammal stock— (A) for which the level of direct human-caused mortality exceeds the potential biological removal level; (B) which, based on the best available scientific information, is declining and is likely to be listed as a threatened species under the Endangered Species Act of 1973 [ 16 U.S.C. 1531 et seq.] within the foreseeable future; or (C) which is listed as a threatened species or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.), or is designated as depleted under this chapter.;

“take” applies throughout its chapter

The term “take” means to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal.;

“take reduction plan” applies throughout its chapter

The term “take reduction plan” means a plan developed under section 1387 of this title .;

“take reduction team” applies throughout its chapter

The term “take reduction team” means a team established under section 1387 of this title .;

“United States” applies throughout its chapter

The term “United States” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, American Samoa, Guam, and Northern Mariana Islands.;

“waters under the jurisdiction of the United States” applies throughout its chapter

The term “waters under the jurisdiction of the United States” means— (A) the territorial sea of the United States; (B) the waters included within a zone, contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the other boundary is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured; and (C) the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990 ; in …

“authentic Alaska Native article of handicrafts and clothing” applies in that section

The term “authentic Alaska Native article of handicrafts and clothing” means an item composed wholly, or in some significant respect, of natural materials and that is produced, decorated, or fashioned in the exercise of traditional Alaska Native handicrafts by an Alaska Native who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean without the use of a pantograph, multiple carvers, or any other mass copying device. (B) Marine mammal ivory

“driftnet” applies in that section

the term “driftnet” has the meaning given such term in section 4003 of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 ( 16 U.S.C. 1822 note), except that, until January 1, 1994 , the term “driftnet” does not include the use in the northeast Atlantic Ocean of gillnets with a total length not to exceed five kilometers if the use is in accordance with regulations adopted by the European Community pursuant to the October 28, 1991 , decision by the Council of Fisheries Ministers of the Community.

“marine mammal ivory” applies in that section

The term “marine mammal ivory” includes a tooth or tusk from a walrus (Odobenus rosmarus) or a species of cetacean. (C) Traditional Alaska Native handicrafts

“traditional Alaska Native handicrafts” applies in that section

The term “traditional Alaska Native handicrafts” includes weaving, carving, stitching, sewing, lacing, beading, drawing, and painting. (2) Exemption (A) In general Except as provided in section 1379 of this title , the provisions of this chapter shall not apply with respect to the taking of any marine mammal by any Alaska Native who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean if such taking— (i) (I) is for subsistence purposes; or (II) is done for purposes of creating and selling authentic Alaska Native articles of handicrafts and clothing; and (ii) in each case, is not accomplished in a wasteful manner.

“barter” applies in that section

The term “barter” means the exchange of marine mammals or their parts, taken for subsistence uses— (i) for other wildlife or fish or their parts, or (ii) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature. (g) Environmental impact statement not required Neither the transfer of management authority to a State under subsection (b)(1), nor the revocation or voluntary return of such authority under subsection (e), shall be deemed to be an action for which an environmental impact statement is required under section 4332 of title 42 .

“family” applies in that section

The term “family” means all persons related by blood, marriage, or adoption, or any person living within a household on a permanent basis.;

“subsistence uses” applies in that section

the term “subsistence uses” means the customary and traditional uses by rural Alaska residents of marine mammals for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles out of nonedible byproducts of marine mammals taken for personal or family consumption; and for barter, or sharing for personal or family consumption. As used in this paragraph—;

“fishery” applies in that section

the term “fishery” has the same meaning as it does in section 1802(8) 2 of this title.;

“Secretary” applies in that section

the term “Secretary” means the Secretary of Commerce.;

“vessel engaged in a fishery” applies in that section

the term “vessel engaged in a fishery” means a fishing vessel as defined in section 2101(12) of title 46 or a fish processing vessel as defined in section 2101(13) of that title, which is engaged in fishery.;

“vessel of the United States” applies in that section

the term “vessel of the United States” has the same meaning as it does in section 1802(27) 2 of this title.

“driftnet” applies in that section

the terms “driftnet” and “driftnet fishing” have the meanings given those terms in section 4003 of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 ( 16 U.S.C. 1822 note);

“driftnet fishing” applies in that section

the terms “driftnet” and “driftnet fishing” have the meanings given those terms in section 4003 of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 ( 16 U.S.C. 1822 note);

“eastern tropical Pacific Ocean” applies in that section

the term “eastern tropical Pacific Ocean” means the area of the Pacific Ocean bounded by 40 degrees north latitude, 40 degrees south latitude, 160 degrees west longitude, and the western coastlines of North, Central, and South America;

“label” applies in that section

the term “label” means a display of written, printed, or graphic matter on or affixed to the immediate container of any article;

“Secretary” applies in that section

the term “Secretary” means the Secretary of Commerce; and;

“tuna product” applies in that section

the term “tuna product” means a food item which contains tuna and which has been processed for retail sale, except perishable sandwiches, salads, or other products with a shelf life of less than 3 days.

“fishery” applies in that section

the terms “fishery” and “vessel of the United States” has the same meaning it does in section 1802 of this title .

“maximum extent practicable” applies throughout its subchapter

the term “maximum extent practicable” means to the lowest level that is feasible for such fisheries within the 6-month period. (6) (A) At the earliest possible time (not later than 30 days) after the Secretary issues a final stock assessment under section 1386(b) of this title for a strategic stock, the Secretary shall, and for stocks that interact with a fishery listed under subsection (c)(1)(A)(i) for which the Secretary has made a determination under paragraph (1), the Secretary may— (i) establish a take reduction team for such stock and appoint the members of such team in accordance with subparagraph (C); and (ii) publish in the Federal Register a notice of the team’s establishment, the …