Title 16 — Conservation
Chapter 97 — Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific
§ 7801. Definitions
Statutory text
In this chapter:
1982 Convention
The term “1982 Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982.
Commission
The term “Commission” means the Commission of the South Pacific Regional Fisheries Management Organization established in accordance with the South Pacific Fishery Resources Convention.
Convention Area
The term “Convention Area” means the area to which the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean applies under Article 5 of such Convention.
Council
The term “Council” means the Western Pacific Regional Fishery Management Council.
Exclusive economic zone
The term “exclusive economic zone” means—
with respect to the United States, the zone established by Presidential Proclamation Numbered 5030 of (16 U.S.C. 1453 note); and
with respect to a foreign country, a designated zone similar to the zone referred to in subparagraph (A) for that country, consistent with international law.
Fishery resources
The term “fishery resources” means all fish, mollusks, crustaceans, and other marine species, and any products thereof, caught by a fishing vessel within the Convention Area, but excluding—
sedentary species insofar as they are subject to the national jurisdiction of coastal States pursuant to Article 77 paragraph 4 of the 1982 Convention;
highly migratory species listed in Annex I of the 1982 Convention;
anadromous and catadromous species; and
marine mammals, marine reptiles and sea birds.
Fishing
The term “fishing”—
except as provided in subparagraph (B), means—
the actual or attempted searching for, catching, taking, or harvesting of fishery resources;
engaging in any activity that can reasonably be expected to result in the locating, catching, taking or harvesting of fishery resources for any purpose;
transshipment and any operation at sea, in support of, or in preparation for, any activity described in this subparagraph; and
the use of any vessel, vehicle, aircraft, or hovercraft in relation to any activity described in this subparagraph; and
does not include any operation related to emergencies involving the health and safety of crew members or the safety of a fishing vessel.
Fishing vessel
The term “fishing vessel” means any vessel used or intended to be used for fishing, including any fish processing vessel support ship, carrier vessel, or any other vessel directly engaged in fishing operations.
Person
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.
Secretary
The term “Secretary” means the Secretary of Commerce.
South Pacific Fishery Resources Convention
The term “South Pacific Fishery Resources Convention” means the Convention on the Conservation and Management of the High Seas Fishery Resources in the South Pacific Ocean (including any annexes, amendments, or protocols that are in force, or have come into force, for the United States), which was adopted at Auckland, New Zealand, on , by the International Consultations on the Proposed South Pacific Regional Fisheries Management Organization.
State
The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States.
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.
Ensuring Access to Pacific Fisheries Act
Pub. L. 114–327 title II § 201 · 130 Stat. 1974
Enacted · 16 U.S.C. § 7801
(Pub. L. 114–327, title II, § 201, Dec. 16, 2016, 130 Stat. 1985.)
Source evidence
Code source credit
(Pub. L. 114–327, title II, § 201, Dec. 16, 2016, 130 Stat. 1985.)Enacted provision · exact public law section
SEC. 201. 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) Commission.— The term “Commission” means the Commission of the South Pacific Regional Fisheries Management Organization established in accordance with the South Pacific Fishery Resources Convention. (3) Convention area.— The term “Convention Area” means the area to which the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean applies under Article 5 of such Convention. (4) Council.— The term “Council” means the Western Pacific Regional Fishery Management Council. (5) Exclusive economic zone.— The term “exclusive economic zone” means— (A) with respect to the United States, the zone established by Presidential Proclamation Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 note); and (B) with respect to a foreign country, a designated zone similar to the zone referred to in subparagraph (A) for that country, consistent with international law. (6) Fishery resources.— The term “fishery resources” means all fish, mollusks, crustaceans, and other marine species, and any products thereof, caught by a fishing vessel within the Convention Area, but excluding— (A) sedentary species insofar as they are subject to the national jurisdiction of coastal States pursuant to Article 77 paragraph 4 of the 1982 Convention; (B) highly migratory species listed in Annex I of the 1982 Convention; (C) anadromous and catadromous species; and (D) marine mammals, marine reptiles and sea birds. (7) Fishing.— The term “fishing”— (A) except as provided in subparagraph (B), means— (i) the actual or attempted searching for, catching, taking, or harvesting of fishery resources; (ii) engaging in any activity that can reasonably be expected to result in the locating, catching, taking or harvesting of fishery resources for any purpose; (iii) transshipment and any operation at sea, in support of, or in preparation for, any activity described in this subparagraph; and (iv) the use of any vessel, vehicle, aircraft, or hovercraft in relation to any activity described in this subparagraph; and (B) does not include any operation related to emergencies involving the health and safety of crew members or the safety of a fishing vessel. (8) Fishing vessel.— The term “fishing vessel” means any vessel used or intended to be used for fishing, including any fish processing vessel support ship, carrier vessel, or any other vessel directly engaged in fishing operations. (9) Person.— 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. (10) Secretary.— The term “Secretary” means the Secretary of Commerce. (11) South pacific fishery resources convention.— The term “South Pacific Fishery Resources Convention” means the Convention on the Conservation and Management of the High Seas Fishery Resources in the South Pacific Ocean (including any annexes, amendments, or protocols that are in force, or have come into force, for the United States), which was adopted at Auckland, New Zealand, on November 14, 2009, by the International Consultations on the Proposed South Pacific Regional Fisheries Management Organization. (12) State.— The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States.
1 of 1 references resolved to an enrolled provision