43 U.S.C. § 1841 — Definitions
submitted 48 years ago by Pub. L. 95-372 to r/title-43-PUBLIC-LANDS · 548 words · no verdicts yet
This section defines the terms used in the fishermen’s compensation subchapter, including affected area, U.S. citizen, commercial fisherman, vessel, fish, gear, Fund, and Secretary.
As used in this subchapter—
(1) “Area affected by Outer Continental Shelf activities” means any geographic area that is under an Outer Continental Shelf oil or gas lease; where permitted exploration, development, or production occurs, except geophysical activity; where a pipeline right-of-way was granted; or otherwise affected by those activities, including expired lease areas, surrendered rights-of-way and easements, supply-vessel routes, and other areas the Secretary determines.
(2) “Citizen of the United States” means a U.S. citizen by law, birth, or naturalization; a State, State agency, or group of States; or a corporation, partnership, or association formed under State law whose president or chief executive, chairman of the board or similar officer is such a citizen and at least 75 percent of its interests are owned by U.S. citizens. That 75 percent is not treated as U.S.-owned if title to 75 percent of stock is not held free of a trust or fiduciary duty for a noncitizen; 75 percent of voting power is not held by citizens; an agreement lets a noncitizen exercise more than 25 percent of voting power; or any other means gives a noncitizen control over more than 25 percent of an interest.
(3) “Commercial fisherman” means a U.S. citizen who owns or operates a commercial fishing vessel, or earns income from working on one.
(4) “Commercial fishing vessel” means a vessel, boat, ship, or other craft documented under U.S. law, or under five net tons registered under State law, that is used, equipped, or normally used commercially to catch, take, or harvest fish, or to help with related preparation, supply, storage, refrigeration, transportation, or processing.
(5) “Fish” means finfish, mollusks, crustaceans, and all other marine animal and plant life except marine mammals, birds, and highly migratory species.
(6) “Fishing gear” means a commercial fishing vessel and any equipment of that vessel, whether attached or not.
(7) “Fund” means the Fishermen’s Contingency Fund established under section 1842.
(8) “Secretary” means the Secretary of Commerce or that Secretary’s designee.
As used in this subchapter, the term—
“area affected by Outer Continental Shelf activities” means any geographic area:
which is under oil or gas lease on the Outer Continental Shelf;
where Outer Continental Shelf exploration, development or production activities have been permitted, except geophysical activities;
where pipeline rights-of-way have been granted; or
otherwise impacted by such activities including but not limited to expired lease areas, relinquished rights-of-way and easements, Outer Continental Shelf supply vessel routes, or other areas as determined by the Secretary;
“citizen of the United States” means any person who is a United States citizen by law, birth, or naturalization, any State, any agency of a State, or a group of States, or any corporation, partnership, or association organized under the laws of any State which has as its president or other chief executive officer and as its chairman of the board of directors, or holder of a similar office, a person who is a United States citizen by law, birth, or naturalization, and which has at least 75 per centum of the interest of 1 therein owned by citizens of the United States. Seventy-five per centum of the interest in the corporation shall not be deemed to be owned by citizens of the United States—
if the title to 75 per centum of its stock is not vested in such citizens free from any trust or fiduciary obligation in favor of any person not a citizen of the United States;
if 75 per centum of the voting power in such corporation is not vested in citizens of the United States;
if through any contract or understanding it is so arranged that more than 25 per centum of the voting power may be exercised, directly or indirectly, in behalf of any person who is not a citizen of the United States; or
if by any other means whatsoever control of any interest in the corporation in excess of 25 per centum is conferred upon or permitted to be exercised by any person who is not a citizen of the United States;
“commercial fisherman” means any citizen of the United States who owns, operates, or derives income from being employed on a commercial fishing vessel;
“commercial fishing vessel” means any vessel, boat, ship, or other craft which is (A) documented under the laws of the United States or, if under five net tons, registered under the laws of any State, and (B) used for, equipped to be used for, or of a type which is normally used for commercial purposes for the catching, taking, or harvesting of fish or the aiding or assisting of any activity related to the catching, taking, or harvesting of fish, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing;
“fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals, birds, and highly migratory species;
“fishing gear” means (A) any commercial fishing vessel, and (B) any equipment of such vessel, whether or not attached to such a vessel;
“Fund” means the Fishermen’s Contingency Fund established under section 1842 of this title; and
“Secretary” means the Secretary of Commerce or the designee of such Secretary.
Source credit: (Pub. L. 95–372, title IV, § 401, Sept. 18, 1978, 92 Stat. 685; Pub. L. 97–212, §§ 1, 8, June 30, 1982, 96 Stat. 143, 147.)
- 1978Enacted · Pub. L. 95-372 · 92 Stat. 685
- 1982Amended · Pub. L. 97-212 · 96 Stat. 143, 147
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-372 on 1978-09-18.
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