Title 16, ConservationRelease 119-110

§5609 Definitions

Title 16 › CHAPTER 76 — NORTHWEST ATLANTIC FISHERIES CONVENTION › § 5609

Last updated Sep 23, 2026|Official source

Summary

Defines key words used in the chapter about managing fisheries in the Northwest Atlantic. It lists each term and gives a short plain meaning to be used throughout the chapter. 1982 Convention is the UN treaty called the United Nations Convention on the Law of the Sea of 10 December 1982. Authorized enforcement officer is a person allowed to enforce this chapter, its rules, or any binding measure under the Convention. Commission is the body established by Articles V, VI, XIII, XIV, and XV of the Convention. Commissioner is a United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under section 5601. Convention is the Ottawa agreement of 24 October 1978 on multilateral cooperation in the Northwest Atlantic, as amended on 28 September 2007. Convention Area is the waters described by the listed coordinates north of 35°00′ N and up to Greenland, plus the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78°10′ N. Council is the New England Fishery Management Council or the Mid-Atlantic Fishery Management Council. Fishery resources are all fish, mollusks, and crustaceans and their products in the Convention Area, but not sedentary species under Article 77 or certain stocks and highly migratory species managed under other treaties and listed in Annex I of the 1982 Convention. Fishing activities are catching, processing, transshipping, or any action to find, catch, or support fishing, but not emergency operations for crew or vessel safety. Fishing vessel is any vessel that is or has been used for fishing, processing, transshipment, or related experimental or support work. Organization is the Northwest Atlantic Fisheries Organization under Article V. Person is any individual or any company, partnership, or other entity, wherever organized. Representative is a U.S. Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 5601. Scientific Council is the body provided for by Articles V, VI, and VII of the Convention. Secretary is the Secretary of Commerce. State covers each U.S. State, the District of Columbia, and any U.S. commonwealth, territory, or possession. Transshipment is unloading any fish from one fishing vessel to another at sea or in port.

Full Legal Text

Title 16, §5609

Conservation, Source: USLM XML via OLRC

In this chapter:
(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 chapter, any regulation issued under this chapter, 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 5601 of this title.
(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 5601 of this title.
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Pub. L. 114–327 amended section generally. Prior to amendment, section defined terms for this chapter. 1998—Par. (6). Pub. L. 105–384 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.

Reference

Citations & Metadata

Citation

16 U.S.C. § 5609

Title 16, Conservation

Last Updated

Sep 23, 2026

Release point: 119-110