16 U.S.C. § 5609 (CONSERVATION)
§ 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.)
heading: Editorial Notes
heading: Amendments
text: 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”.