§ 971. Definitions

Statutory text

For the purpose of this chapter—

The term “Convention” means the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, including any amendments or protocols which are or become effective for the United States.

The term “Commission” means the International Commission for the Conservation of Atlantic Tunas provided for in article III of the Convention.

The term “conservation recommendation” means any recommendation of the Commission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under section 971c(a) of this title.

The term “Council” means the Council established within the International Commission for the Conservation of Atlantic Tunas pursuant to article V of the Convention.

The term “exclusive economic zone” means an exclusive economic zone as defined in section 1802 of this title.

The term “fishing” means the catching, taking, or fishing for or the attempted catching, taking, or fishing for any species of fish covered by the Convention, or any activities in support thereof.

The term “fishing vessel” means any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities.

The term “Panel” means any panel established by the Commission pursuant to article VI of the Convention.

The term “person” means every individual, partnership, corporation, and association subject to the jurisdiction of the United States.

The term “Secretary” means the Secretary of Commerce.

The term “State” includes each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions 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.

1975
Atlantic Tunas Convention Act of 1975
Pub. L. 94–70 § 2 · 89 Stat. 385
Enacted · 16 U.S.C. § 971
Pub. L. 94–70, § 2, Aug. 5, 1975, 89 Stat. 385
Source evidence
Code source credit
Pub. L. 94–70, § 2, Aug. 5, 1975, 89 Stat. 385
Enacted provision · exact public law section
Sec. 2. definitions For the purpose of this Act— (1) The term “Convention” means the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, including any amendments or protocols 20 UST 2887. which are or become effective for the United States, (2) The term “Commission” means the International Commission for the Conservation of Atlantic Tunas provided for in article III of the Convention, (3) The term “Council” means the Council established within the International Commission for the Conservation of Atlantic Tunas pursuant to article V of the Convention. (4) The term “fisheries zone” means the entire zone established by the United States under the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094), or similar zones established by other parties to the Convention to the extent that such zones are recognized by the United States. (5) The term “fishing” means the catching, taking, or fishing for, or the attempted catching, taking, or fishing for any species of fish covered by the Convention, or any activities in support thereof. (6) The term “fishing vessel” means any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities. (7) The term “Panel” means any panel established by the Com-mission pursuant to article VI of the Convention. (8) The term “person” means every individual, partnership, corporation, and association subject to the jurisdiction of the United States. (9) The term “Secretary” means the Secretary of Commerce. (10) The term “State” includes each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.
1976
Fishery Conservation and Management Act of 1976
Pub. L. 94–265 title IV § 405(a) · 90 Stat. 331
Substituted · 16 U.S.C. § 971(4)
Pub. L. 94–265, which directed the substitution of “the waters included within a zone, contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal state, and the outer boundary 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,” for “the fisheries zone established pursuant to the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094)”, was executed by making the substitution for “the entire zone established by the United States under the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094)”, to reflect the probable intent of Congress
Source evidence
Code amendment note
Par. (4). Pub. L. 94–265, which directed the substitution of “the waters included within a zone, contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal state, and the outer boundary 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,” for “the fisheries zone established pursuant to the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094)”, was executed by making the substitution for “the entire zone established by the United States under the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094)”, to reflect the probable intent of Congress.
Enacted provision · exact public law section
(a) Amendment.— Section 2(4) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971(4)) is amended by striking out “the fisheries zone established pursuant to the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094),” and inserting in lieu thereof “the waters included within a zone, contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the outer boundary 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,”.
Effective date note
Pub. L. 94–265, title IV, § 405(b), Apr. 13, 1976, 90 Stat. 361, provided that the amendment made by section 405(a) of Pub. L. 94–265 to this section was to take effect Mar. 1, 1977, prior to the general amendment of title IV of Pub. L. 94–265 by Pub. L. 104–297.
1977
Pub. L. 95–33 § 2 · 91 Stat. 173
1. Struck · 16 U.S.C. § 971(4)
  Pub. L. 95–33 struck out the comma between “zone” and “contiguous”
2. Substituted · 16 U.S.C. § 971(4)
  Pub. L. 95–33 substituted “two hundred” for “200”
3. Substituted · 16 U.S.C. § 971(4)
  Pub. L. 95–33 substituted a semicolon for a comma after “is measured”
Source evidence
Code amendment note
Par. (4). Pub. L. 95–33 struck out the comma between “zone” and “contiguous”, substituted “two hundred” for “200”, and substituted a semicolon for a comma after “is measured”.
Enacted provision · exact public law section
Sec. 2. Section 2(4) of such Act of 1975 (16 U.S.C. 971(4)) is “Fisheries zone.” amended to read as follows: “(4) The term ‘fisheries zone’ means the waters included within a zone contiguous to the territorial sea of the United States, of which the. inner boundary is a line coterminous with the seaward boundary of each coastal State, and the outer boundary is a line drawn in such a manner that each point on it is two hundred nautical miles from the baseline from which the territorial sea is measured; or similar zones established by other parties to the Convention to the extent that such zones are recognized by the United States.”.
1995
Atlantic Tunas Convention Authorization Act of 1995
Pub. L. 104–43 § 303(1) · 109 Stat. 366
Redesignated · 16 U.S.C. § 971(3)
Pub. L. 104–43, § 303(1), added par. (3). Former par. (3) redesignated (4)
Source evidence
Code amendment note
Par. (3). Pub. L. 104–43, § 303(1), added par. (3). Former par. (3) redesignated (4).
Enacted provision · exact public law section
(1) by designating paragraphs (3) through (10) as (4) through (11), respectively, and inserting after paragraph (2) the following: “(3) The term ‘conservation recommendation’ means any recommendation of the Commission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under section 5(a) of this Act.”;
1995
Atlantic Tunas Convention Authorization Act of 1995
Pub. L. 104–43 § 303(2) · 109 Stat. 366
Redesignated · 16 U.S.C. § 971(4)
Pub. L. 104–43, § 303(2), added par. (4) defining “exclusive economic zone”. Former par. (4) redesignated (5)
Source evidence
Code amendment note
Par. (4). Pub. L. 104–43, § 303(2), added par. (4) defining “exclusive economic zone”. Former par. (4) redesignated (5).
Enacted provision · exact public law section
(2) by striking paragraph (5), as redesignated, and inserting the following: “(4) The term ‘exclusive economic zone’ means an exclusive economic zone as defined in section 3 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802).”; and
1995
Atlantic Tunas Convention Authorization Act of 1995
Pub. L. 104–43 § 303(1) · 109 Stat. 366
Redesignated · 16 U.S.C. § 971(4)
Pub. L. 104–43, § 303(1), redesignated par. (3) defining “Council” as (4)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–43, § 303(1), redesignated par. (3) defining “Council” as (4).
Enacted provision · exact public law section
(1) by designating paragraphs (3) through (10) as (4) through (11), respectively, and inserting after paragraph (2) the following: “(3) The term ‘conservation recommendation’ means any recommendation of the Commission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under section 5(a) of this Act.”;
1995
Atlantic Tunas Convention Authorization Act of 1995
Pub. L. 104–43 § 303(2) · 109 Stat. 366
Struck · 16 U.S.C. § 971(5)
Pub. L. 104–43, § 303(2), struck out par. (5) which read as follows: “The term ‘fisheries zone’ means the waters included within a zone contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the outer boundary is a line drawn in such a manner that each point on it is two hundred nautical miles from the baseline from which the territorial sea is measured; or similar zones established by other parties to the Convention to the extent that such zones are recognized by the United States.”
Source evidence
Code amendment note
Par. (5). Pub. L. 104–43, § 303(2), struck out par. (5) which read as follows: “The term ‘fisheries zone’ means the waters included within a zone contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the outer boundary is a line drawn in such a manner that each point on it is two hundred nautical miles from the baseline from which the territorial sea is measured; or similar zones established by other parties to the Convention to the extent that such zones are recognized by the United States.”
Enacted provision · exact public law section
(2) by striking paragraph (5), as redesignated, and inserting the following: “(4) The term ‘exclusive economic zone’ means an exclusive economic zone as defined in section 3 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802).”; and
1995
Atlantic Tunas Convention Authorization Act of 1995
Pub. L. 104–43 § 303(1) · 109 Stat. 366
Redesignated · 16 U.S.C. § 971(5)
Pub. L. 104–43, § 303(1), redesignated par. (4) as (5). Former par. (5) redesignated (6)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–43, § 303(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Enacted provision · exact public law section
(1) by designating paragraphs (3) through (10) as (4) through (11), respectively, and inserting after paragraph (2) the following: “(3) The term ‘conservation recommendation’ means any recommendation of the Commission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under section 5(a) of this Act.”;
1995
Atlantic Tunas Convention Authorization Act of 1995
Pub. L. 104–43 § 303(1) · 109 Stat. 366
Redesignated · 16 U.S.C. § 971(6)(11)
Pub. L. 104–43, § 303(1), redesignated pars. (5) to (10) as (6) to (11), respectively
Source evidence
Code amendment note
Pars. (6) to (11). Pub. L. 104–43, § 303(1), redesignated pars. (5) to (10) as (6) to (11), respectively.
Enacted provision · exact public law section
(1) by designating paragraphs (3) through (10) as (4) through (11), respectively, and inserting after paragraph (2) the following: “(3) The term ‘conservation recommendation’ means any recommendation of the Commission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under section 5(a) of this Act.”;
1998
Pub. L. 105–384 title II § 202(b)(1)(A) · 112 Stat. 3451
Changed · 16 U.S.C. § 971(4); 16 U.S.C. § 971(5)
Pub. L. 105–384 renumbered par. (4) defining “exclusive economic zone” as par. (5) and made technical amendment to reference in original act which appears in text as reference to section 1802 of this title
Source evidence
Code amendment note
Pars. (4), (5). Pub. L. 105–384 renumbered par. (4) defining “exclusive economic zone” as par. (5) and made technical amendment to reference in original act which appears in text as reference to section 1802 of this title.
Enacted provision · exact public law section
(A) in section 2 (16 U.S.C. 971), by redesignating the second paragraph (4) as paragraph (5);

12 of 12 references resolved to an enrolled provision

Editorial Notes

Amendments1976–1998 · 4 rounds

1998

Pars. (4), (5). Pub. L. 105–384 renumbered par. (4) defining “exclusive economic zone” as par. (5) and made technical amendment to reference in original act which appears in text as reference to section 1802 of this title.

1995

Par. (3). Pub. L. 104–43, § 303(1), added par. (3). Former par. (3) redesignated (4).

Par. (4). Pub. L. 104–43, § 303(2), added par. (4) defining “exclusive economic zone”. Former par. (4) redesignated (5).

Pub. L. 104–43, § 303(1), redesignated par. (3) defining “Council” as (4).

Par. (5). Pub. L. 104–43, § 303(2), struck out par. (5) which read as follows: “The term ‘fisheries zone’ means the waters included within a zone contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the outer boundary is a line drawn in such a manner that each point on it is two hundred nautical miles from the baseline from which the territorial sea is measured; or similar zones established by other parties to the Convention to the extent that such zones are recognized by the United States.”

Pub. L. 104–43, § 303(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Pars. (6) to (11). Pub. L. 104–43, § 303(1), redesignated pars. (5) to (10) as (6) to (11), respectively.

1977

Par. (4). Pub. L. 95–33 struck out the comma between “zone” and “contiguous”, substituted “two hundred” for “200”, and substituted a semicolon for a comma after “is measured”.

1976

Par. (4). Pub. L. 94–265, which directed the substitution of “the waters included within a zone, contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal state, and the outer boundary 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,” for “the fisheries zone established pursuant to the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094)”, was executed by making the substitution for “the entire zone established by the United States under the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094)”, to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Pub. L. 94–265, title IV, § 405(b), Apr. 13, 1976, 90 Stat. 361, provided that the amendment made by section 405(a) of Pub. L. 94–265 to this section was to take effect Mar. 1, 1977, prior to the general amendment of title IV of Pub. L. 94–265 by Pub. L. 104–297.

Short Title of 1995 Amendment

Pub. L. 104–43, title III, § 301, Nov. 3, 1995, 109 Stat. 382, provided that: “This title [enacting sections 971j and 971k of this title, amending this section and sections 971b, 971c to 971e, 971h, and 971i of this title, and enacting provisions set out as a note under section 971c of this title] may be cited as the ‘Atlantic Tunas Convention Authorization Act of 1995’.”

Short Title

Pub. L. 94–70, § 1, Aug. 5, 1975, 89 Stat. 385, provided: “That this Act [enacting this chapter and provisions set out below] may be cited as the ‘Atlantic Tunas Convention Act of 1975’.”

Separability

Pub. L. 94–70, § 12, formerly § 11, Aug. 5, 1975, 89 Stat. 394; renumbered § 13, Pub. L. 105–384, title II, § 202(b)(1)(D), Nov. 13, 1998, 112 Stat. 3452; renumbered § 12, Pub. L. 114–81, title I, § 107(5), Nov. 5, 2015, 129 Stat. 658, provided that: “If any provision of this Act [this chapter] or the application of such provision to any circumstance or persons shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other circumstances or persons shall not be affected thereby.”

Credits

1975–1998 · 5 acts

1975Pub. L. 94–70, § 2, Aug. 5, 1975, 89 Stat. 385
1976Pub. L. 94–265, title IV, § 405(a), Apr. 13, 1976, 90 Stat. 361
1977Pub. L. 95–33, § 2, May 26, 1977, 91 Stat. 173
1995Pub. L. 104–43, title III, § 303(1), (2), Nov. 3, 1995, 109 Stat. 384
1998Pub. L. 105–384, title II, § 202(b)(1)(A), (F), Nov. 13, 1998, 112 Stat. 3452, 3453.

Show as published

(Pub. L. 94–70, § 2, Aug. 5, 1975, 89 Stat. 385; Pub. L. 94–265, title IV, § 405(a), Apr. 13, 1976, 90 Stat. 361; Pub. L. 95–33, § 2, May 26, 1977, 91 Stat. 173; Pub. L. 104–43, title III, § 303(1), (2), Nov. 3, 1995, 109 Stat. 384; Pub. L. 105–384, title II, § 202(b)(1)(A), (F), Nov. 13, 1998, 112 Stat. 3452, 3453.)