§ 5102. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1993

   Atlantic Coastal Fisheries Cooperative Management Act

   Pub. L. 103–206 title VIII § 803 · 107 Stat. 2419

   Enacted · 16 U.S.C. § 5102

   Pub. L. 103–206, title VIII, § 803, Dec. 20, 1993, 107 Stat. 2448

   Source evidence

   Code source credit
   Pub. L. 103–206, title VIII, § 803, Dec. 20, 1993, 107 Stat. 2448

   Enacted provision · exact public law section
   SEC. 803. DEFINITIONS. In this title, the following definitions apply: (1) The term “coastal fishery management plan” means a plan for managing a coastal fishery resource, or an amendment to such plan, prepared and adopted by the Commission, that— (A) contains information regarding the status of the resource and related fisheries; (B) specifies conservation and management actions to be taken by the States; and (C) recommends actions to be taken by the Secretary in the exclusive economic zone to conserve and manage the fishery. (2) The term “coastal fishery resource” means any fishery, any species of fish, or any stock of fish that moves among, or is broadly distributed across, waters under the jurisdiction of two or more States or waters under the jurisdiction of one or more States and the exclusive economic zone. (3) The term “Commission” means the Atlantic States Marine Fisheries Commission established under the interstate compact consented to and approved by the Congress in Public Laws 77–539 and 81–721. (4) The term “conservation” means the restoring, rebuilding, and maintaining of any coastal fishery resource and the marine environment, in order to assure the availability of coastal fishery resources on a long-term basis. (5) The term “Councils” means Regional Fishery Management Councils established under section 302 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852). (6) The term “exclusive economic zone” means the exclusive economic zone of the United States established by Proclamation Number 5030, dated March 10, 1983. For the purposes of this title, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States, and the outer boundary of that zone 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. (7) The term “fish” means finfish, mollusks, crustaceans, and all other forms of marine animal life other than marine mammals and birds. (8) The term “fishery” means— (A) one or more stocks of fish that can be treated as a unit for purposes of conservation and management and that are identified on the basis of geographical, scientific, technical, commercial, recreational, or economic characteristics; or (B) any fishing for such stocks. (9) The term “fishing” means— (A) the catching, taking, or harvesting of fish; (B) the attempted catching, taking, or harvesting of fish; (C) any other activity that can be reasonably expected to result in the catching, taking, or harvesting of fish; or (D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C). Such term does not include any scientific research activity or the catching, taking, or harvesting of fish in an aquaculture operation. (10) The term “implement and enforce” means to enact and implement laws or regulations as required to conform with the provisions of a coastal fishery management plan and to assure compliance with such laws or regulations by persons participating in a fishery that is subject to such plan. (11) 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. (12) The term “Secretary” means the Secretary of Commerce. (13) The term “State” means Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, the District of Columbia, or the Potomac River Fisheries Commission.

2. 1996

   Sustainable Fisheries Act

   Pub. L. 104–297 title IV § 404(a) · 110 Stat. 3559

   1. Inserted · 16 U.S.C. § 5102(1)

      Pub. L. 104–297 inserted “and” after semicolon in subpar. (A)

   2. Substituted · 16 U.S.C. § 5102(1)

      Pub. L. 104–297 substituted “States.” for “States; and” in subpar. (B)

   3. Struck · 16 U.S.C. § 5102(1)

      Pub. L. 104–297 struck out subpar. (C) which read as follows: “recommends actions to be taken by the Secretary in the exclusive economic zone to conserve and manage the fishery.”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 104–297 inserted “and” after semicolon in subpar. (A), substituted “States.” for “States; and” in subpar. (B), and struck out subpar. (C) which read as follows: “recommends actions to be taken by the Secretary in the exclusive economic zone to conserve and manage the fishery.”

   Enacted provision · exact public law section
   (a) Definition.— Paragraph (1) of section 803 of the Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5102) is amended— (1) by inserting “and” after the semicolon in subparagraph (A); (2) by striking “States; and” in subparagraph (B) and inserting “States”; and (3) by striking subparagraph (C).

3. 2000

   Atlantic Coastal Fisheries Act of 2000

   Pub. L. 106–555 title I § 122(b)(3) · 114 Stat. 2765

   Changed · 16 U.S.C. § 5102(5)

   Pub. L. 106–555 made technical amendment to reference in original act which appears in text as reference to section 1852 of this title

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 106–555 made technical amendment to reference in original act which appears in text as reference to section 1852 of this title.

   Enacted provision · exact public law section
   (3) Short title references.— Such Act is further amended by striking “Magnuson Fishery” each place it appears and inserting “Magnuson-Stevens Fishery”.

5 of 5 references resolved to an enrolled provision