§ 5609. Definitions

Footnotes

1. 1 So in original. Probably should be “transshipping”.

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. 1995

   Northwest Atlantic Fisheries Convention Act of 1995

   Pub. L. 104–43 title II § 210 · 109 Stat. 366

   Enacted · 16 U.S.C. § 5609

   Pub. L. 104–43, title II, § 210, Nov. 3, 1995, 109 Stat. 381

   Source evidence

   Code source credit
   Pub. L. 104–43, title II, § 210, Nov. 3, 1995, 109 Stat. 381

   Enacted provision · exact public law section
   SEC. 210. DEFINITIONS. In this title the following definitions apply: (1) Authorized enforcement officer.— The term “authorized enforcement officer” means a person authorized to enforce this title, any regulation issued under this title, or any measure that is legally binding on the United States under the Convention. (2) Commissioner.— The term “Commissioner” means a United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under section 202(a). (3) Convention.— The term “Convention” means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978. (4) Fisheries commission.— The term “Fisheries Commission” means the Fisheries Commission provided for by Articles II, XI, XII, XIII, and XIV of the Convention. (5) General council.— The term “General Council” means the General Council provided for by Article II, III, IV, and V of the Convention. (6) Magnuson act.— The term “Magnuson Act” means the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (7) Organization.— The term “Organization” means the Northwest Atlantic Fisheries Organization provided for by Article II of the Convention. (8) 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). (9) Representative.— The term “Representative” means a United States Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 202(c). (10) Scientific council.— The term “Scientific Council” means the Scientific Council provided for by Articles II, VI, VII, VIII, IX, and X of the Convention. (11) Secretary.— The term “Secretary” means the Secretary of Commerce.

2. 1998

   Pub. L. 105–384 title II § 201(b)(3) · 112 Stat. 3451

   Substituted · 16 U.S.C. § 5609(6)

   Pub. L. 105–384 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”

   Source evidence

   Code amendment note
   Par. (6). Pub. L. 105–384 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.

   Enacted provision · exact public law section
   (3) in section 210(6) (16 U.S.C. 5609(6)), by striking “the Magnuson Fishery” and inserting “the Magnuson-Stevens Fishery”.

3. 2016

   Northwest Atlantic Fisheries Convention Amendments Act

   Pub. L. 114–327 title V § 508 · 130 Stat. 1974

   Amended · 16 U.S.C. § 5609

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

   Source evidence

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

   Enacted provision · exact public law section
   SEC. 508. DEFINITIONS.   Section 210 (16 U.S.C. 5609) is amended to read as follows: “SEC. 210. DEFINITIONS.   “In this title: “(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 title, any regulation issued under this title, 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 202. “(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 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 202. “(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.” .

3 of 3 references resolved to an enrolled provision