16 U.S.C. § 5002: Definitions

Summary

Defines the key words used in this chapter. Anadromous stocks and anadromous fish are the species named in the Convention Annex that move into the Convention area. Authorized officer is a U.S. law enforcement official under section 5008(a). Enforcement officer is any Party’s law enforcement official who can enforce the chapter. Commission is the North Pacific Anadromous Fish Commission. Convention is the agreement signed in Moscow on February 11, 1992. Convention area means North Pacific waters and nearby seas north of 33 degrees North Latitude and more than 200 nautical miles from the baselines used to measure the territorial sea. Directed fishing is fishing aimed at a particular species. Ecologically related species are marine species linked to anadromous stocks, such as predators or prey. Exclusive economic zone is the zone set by Proclamation Numbered 5030 (March 10, 1983); for this chapter its inner boundary matches each coastal State’s seaward boundary. Fish means finfish, mollusks, crustaceans, and other marine animals and plants except marine mammals and birds. Fishing means catching or harvesting fish or doing sea operations that will likely result in catching fish, including support activities. Fishing vessel means a vessel catching, processing, or transporting fish from the Convention area, or a vessel outfitted for or supporting those activities. Incidental taking is catching one species while targeting another. Party means Canada, Japan, the Russian Federation, the United States, and any nation that joins the Convention. Secretary means the Secretary of State. United States Section means the U.S. Commissioners on the Commission.

Title 16, §5002

Conservation, Source: USLM XML via OLRC

As used in this chapter, the term—

(1)“Anadromous stocks” means stocks of species listed in the Annex to the Convention that migrate into the Convention area.

(2)“Anadromous fish” means fish of the species listed in the Annex to the Convention that migrate into the Convention area.

(3)“Authorized officer” means a law enforcement official authorized to enforce this chapter under section 5008(a) of this title.

(4)“Commission” means the North Pacific Anadromous Fish Commission provided for by article VIII of the Convention.

(5)“Convention” means the Convention for the Conservation of Anadromous Stocks of the North Pacific Ocean, signed in Moscow, February 11, 1992.

(6)“Convention area” means the waters of the North Pacific Ocean and its adjacent seas, north of 33 degrees North Latitude, beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

(7)“Directed fishing” means fishing targeted at a particular species or stock of fish.

(8)“Ecologically related species” means living marine species which are associated with anadromous stocks found in the Convention area, including, but not restricted to, both predators and prey of anadromous fish.

(9)“Enforcement officer” means a law enforcement official authorized by any Party to enforce this chapter.

(10)“Exclusive economic zone” means the zone established by Proclamation Numbered 5030, dated March 10, 1983. For purposes of applying this chapter, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States.

(11)“Fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds.

(12)“Fishing” means—

(A)the catching, taking, or harvesting of fish, or any other activity that can reasonably be expected to result in the catching, taking, or harvesting of fish; or

(B)any operation at sea in preparation for or in direct support of any activity described in subparagraph (A).

(13)“Fishing vessel” means—

(A)any vessel engaged in catching fish within the Convention area or in processing or transporting fish loaded in the Convention area;

(B)any vessel outfitted to engage in any activity described in subparagraph (A);

(C)any vessel supporting a vessel described in subparagraph (A) or (B).

(14)“Incidental taking” means catching, taking, or harvesting a species or stock of fish while conducting directed fishing for another species or stock of fish.

(15)“Party” means Canada, Japan, the Russian Federation, the United States, and any other nation that may accede to the Convention.

(16)“Secretary” means the Secretary of State.

(17)“United States Section” means the United States Commissioners of the Commission.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Proclamation Numbered 5030, dated March 10, 1983, referred to in par. (10), is set out as a note under section 1453 of this title. Codification Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted substantially identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.

Amendments

1995—Par. (13)(C). Pub. L. 104–43 amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “any vessel described in subparagraph (A) or (B).”

§5002 Definitions