Title 16ConservationRelease 119-73

§7701 Definitions

Title 16 › Chapter CHAPTER 96— - NORTH PACIFIC FISHERIES CONVENTION › § 7701

Last updated Apr 6, 2026|Official source

Summary

Defines key words used for managing North Pacific high-seas fishing. It tells what the main terms mean so people know how the rules apply. Commission — the North Pacific Fisheries Commission created under the North Pacific Fisheries Convention. Commissioner — a U.S. Commissioner appointed under section 7702(a). Convention Area — the sea area covered by the Convention under Article 4. Council — one of three regional fishery management councils named in section 1852, used as needed. Exclusive economic zone — for the U.S., the zone set by Presidential Proclamation Numbered 5030 of March 10, 1983 (16 U.S.C. 1453 note); for other countries, a similar zone under international law. Fisheries resources — fish, shellfish, and other marine species and their products, but not sedentary species covered by coastal states’ rights (see Article 77(4) of the 1982 Convention) or indicator species of vulnerable ecosystems (Article 13(5) of the North Pacific Fisheries Convention), nor catadromous species, marine mammals, marine reptiles, seabirds, or species already managed by other international agreements. Fishing activities — searching for, catching, processing, transshipping, or any at-sea work that directly supports those actions; excludes emergency work for crew or vessel safety. Fishing vessel — any ship used to do fishing activities, including processors and support or carrier ships. High seas — does not include areas inside any country’s exclusive economic zone. North Pacific Fisheries Convention — the Convention adopted in Tokyo on February 24, 2012, including any annexes, amendments, or protocols in force for the U.S. Person — an individual, any business or organization, or any government or government entity. Secretary — means the Secretary of Commerce unless the law says otherwise. State — the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and any other U.S. commonwealth, territory, or possession. Straddling stock — a fish stock that moves between an economic exclusion zone of a party and the Convention Area. Transshipment — moving catch from one fishing vessel to another, at sea or in port. 1982 Convention — the United Nations Convention on the Law of the Sea of 10 December 1982.

Full Legal Text

Title 16, §7701

Conservation — Source: USLM XML via OLRC

In this chapter:
(1)The term “Commission” means the North Pacific Fisheries Commission established in accordance with the North Pacific Fisheries Convention.
(2)The term “Commissioner” means a United States Commissioner appointed under section 7702(a) of this title.
(3)The term “Convention Area” means the area to which the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean applies under Article 4 of such Convention.
(4)The term “Council” means the North Pacific Fishery Management Council, the Pacific Fishery Management Council, or the Western Pacific Fishery Management Council established under section 1852 of this title, as the context requires.
(5)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)(A)Except as provided in subparagraph (B), the term “fisheries resources” means all fish, mollusks, crustaceans, and other marine species caught by a fishing vessel within the Convention Area, as well as any products thereof.
(B)The term “fisheries resources” does not include—
(i)sedentary species insofar as they are subject to the sovereign rights of coastal nations consistent with Article 77, paragraph 4 of the 1982 Convention and indicator species of vulnerable marine ecosystems as listed in, or adopted pursuant to, Article 13, paragraph 5 of the North Pacific Fisheries Convention;
(ii)catadromous species;
(iii)marine mammals, marine reptiles, or seabirds; or
(iv)other marine species already covered by preexisting international fisheries management instruments within the area of competence of such instruments.
(7)(A)The term “fishing activities” means—
(i)the actual or attempted searching for, catching, taking, or harvesting of fisheries resources;
(ii)engaging in any activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fisheries resources for any purpose;
(iii)the processing of fisheries resources at sea;
(iv)the transshipment of fisheries resources at sea or in port; or
(v)any operation at sea in direct support of, or in preparation for, any activity described in clauses (i) through (iv), including transshipment.
(B)The term “fishing activities” does not include any operation related to an emergency involving the health or safety of a crew member or the safety of a fishing vessel.
(8)The term “fishing vessel” means any vessel used or intended for use for the purpose of engaging in fishing activities, including a processing vessel, a support ship, a carrier vessel, or any other vessel directly engaged in such fishing activities.
(9)The term “high seas” does not include an area that is within the exclusive economic zone of the United States or of any other country.
(10)The term “North Pacific Fisheries Convention” means the Convention on the Conservation and Management of the High Seas Fisheries Resources in the North 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 Tokyo on February 24, 2012.
(11)The term “person” means—
(A)any individual, whether or not a citizen or national of the United States;
(B)any corporation, partnership, association, or other entity, whether or not organized or existing under the laws of any State; or
(C)any Federal, State, local, tribal, or foreign government or any entity of such government.
(12)Except as otherwise specifically provided, the term “Secretary” means the Secretary of Commerce.
(13)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.
(14)The term “straddling stock” means a stock of fisheries resources that migrates between, or occurs in, the economic exclusion zone of one or more parties to the Convention and the Convention Area.
(15)The term “transshipment” means the unloading of any fisheries resources taken in the Convention Area from one fishing vessel to another fishing vessel either at sea or in port.
(16)The term “1982 Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 114–327, § 1, Dec. 16, 2016, 130 Stat. 1974, provided that: “This Act [enacting this chapter, chapter 97, and section 6909a of this title, amending section 1826g, 1826h, 1826j, 1826k, 5003, 5004, 5601 to 5604, 5606, 5607, 5609, 5610, 6902, and 6910 of this title, section 1541 of Title 15, Commerce and Trade, and section 3103 of Title 33, Navigation and Navigable Waters, repealing section 5612 of this title, enacting provisions set out as a note under section 5601 of this title, and amending provisions set out as a note under section 1823 of this title] may be cited as the ‘Ensuring Access to Pacific Fisheries Act’.”

Reference

Citations & Metadata

Citation

16 U.S.C. § 7701

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73