### §5609. Definitions

In this chapter:

#### (1) 1982 Convention

The term "1982 Convention" means the United Nations Convention on the Law of the Sea of 10 December 1982.

#### (2) Authorized enforcement officer

The term "authorized enforcement officer" means a person authorized to enforce this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention.

#### (3) Commission

The term "Commission" means the body provided for by Articles V, VI, XIII, XIV, and XV of the Convention.

#### (4) Commissioner

The term "Commissioner" means a United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under section 5601 of this title.

#### (5) Convention

The term "Convention" means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978, and as amended on September 28, 2007.

#### (6) Convention Area

The term "Convention Area" means the waters of the Northwest Atlantic Ocean north of 35°00′ N and west of a line extending due north from 35°00′ N and 42°00′ W to 59°00′ N, thence due west to 44°00′ W, and thence due north to the coast of Greenland, and the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78°10′ N.

#### (7) Council

The term "Council" means the New England Fishery Management Council or the Mid-Atlantic Fishery Management Council.

#### (8) Fishery resources

#### (A) In general

The term "fishery resources" means all fish, mollusks, and crustaceans, including any products thereof, within the Convention Area.

#### (B) Exclusions

The term "fishery resources" does not include—

(i) sedentary species over which coastal States may exercise sovereign rights consistent with Article 77 of the 1982 Convention; or

(ii) insofar as they are managed under other international treaties, anadromous and catadromous stocks and highly migratory species listed in Annex I of the 1982 Convention.

#### (9) Fishing activities

#### (A) In general

The term "fishing activities" means harvesting or processing fishery resources, or transhipping 1 of fishery resources or products derived from fishery resources, or any other activity in preparation for, in support of, or related to the harvesting of fishery resources.

#### (B) Inclusions

The term "fishing activities" includes—

(i) the actual or attempted searching for or catching or taking of fishery resources;

(ii) any activity that can reasonably be expected to result in locating, catching, taking, or harvesting of fishery resources for any purpose; and

(iii) any operation at sea in support of, or in preparation for, any activity described in this paragraph.

#### (C) Exclusions

The term "fishing activities" does not include any operation related to emergencies involving the health and safety of crew members or the safety of a vessel.

#### (10) Fishing vessel

#### (A) In general

The term "fishing vessel" means a vessel that is or has been engaged in fishing activities.

#### (B) Inclusions

The term "fishing vessel" includes a fish processing vessel or a vessel engaged in transshipment or any other activity in preparation for or related to fishing activities, or in experimental or exploratory fishing activities.

#### (11) Organization

The term "Organization" means the Northwest Atlantic Fisheries Organization provided for by Article V of the Convention.

#### (12) Person

The term "person" means any individual (whether or not a citizen or national of the United States), and any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State).

#### (13) Representative

The term "Representative" means a United States Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 5601 of this title.

#### (14) Scientific council

The term "Scientific Council" means the Scientific Council provided for by Articles V, VI, and VII of the Convention.

#### (15) Secretary

The term "Secretary" means the Secretary of Commerce.

#### (16) State

The term "State" means each of the several States of the United States, the District of Columbia, and any other commonwealth, territory, or possession of the United States.

#### (17) Transshipment

The term "transshipment" means the unloading of all or any of the fishery resources on board a fishing vessel to another fishing vessel either at sea or in port.

(Pub. L. 104–43, title II, §210, Nov. 3, 1995, 109 Stat. 381; Pub. L. 105–384, title II, §201(b)(3), Nov. 13, 1998, 112 Stat. 3451; Pub. L. 114–327, title V, §508, Dec. 16, 2016, 130 Stat. 1996.)

#### **Editorial Notes**

#### Amendments

2016—Pub. L. 114–327 amended section generally. Prior to amendment, section defined terms for this chapter.

1998—Par. (6). Pub. L. 105–384 substituted "Magnuson-Stevens Fishery" for "Magnuson Fishery".

1 So in original. Probably should be "transshipping".