§6901 — Title 16 Conservation | U.S. Code

Summary

Defines key words used in the chapter. The "1982 Convention" is the United Nations Convention on the Law of the Sea signed 10 December 1982. The "Agreement" is the implementation agreement under that Convention about conserving and managing straddling and highly migratory fish stocks (also tied to 10 December 1982). The "Commission" is the body set up under the Convention to manage highly migratory fish stocks in the Western and Central Pacific Ocean. The "convention area" is a specific part of the Pacific Ocean bordered by a detailed line of meridians and parallels starting from the south coast of Australia. The "exclusive economic zone" is the zone set by Presidential Proclamation Numbered 5030 of March 10, 1983. "Fishing" covers searching for, catching, trying to catch, or any activity likely to result in catching fish; placing or recovering fish-aggregating devices and related electronics; support operations at sea like transshipment; and using other craft for these activities except in emergencies. A "fishing vessel" is any ship used or intended for fishing, including support and carrier ships. "Highly migratory fish stocks" are the species listed in Annex 1 of the 1982 Convention (except sauries) in the convention area, plus any others the Commission adds. The "Secretary" is the Secretary of Commerce. "State" includes each U.S. State, the District of Columbia, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and any other U.S. commonwealth, territory, or possession. "Transshipment" means unloading fish from one fishing vessel to another at sea or in port. The "WCPFC Convention" or "Western and Central Pacific Convention" is the conservation and management convention adopted at Honolulu on September 5, 2000, including any annexes, amendments, or protocols in force for the United States.

Title 16, §6901

Conservation — Source: USLM XML via OLRC

In this chapter:

(1)The term “1982 Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982.

(2)The term “Agreement” means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.

(3)The term “Commission” means the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean established in accordance with this Convention.

(4)The term “convention area” means all waters of the Pacific Ocean bounded to the south and to the east by the following line: From the south coast of Australia due south along the 141th meridian of east longitude to its intersection with the 55th parallel of south latitude; thence due east along the 55th parallel of south latitude to its intersection with the 150th meridian of east longitude; thence due south along the 150th meridian of east longitude to its intersection with the 60th parallel of south latitude; thence due east along the 60th parallel of south latitude to its intersection with the 130th meridian of west longitude; thence due north along the 130th meridian of west longitude to its intersection with the 4th parallel of south latitude; thence due west along the 4th parallel of south latitude to its intersection with the 150th meridian of west longitude; thence due north along the 150th meridian of west longitude.

(5)The term “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030 of March 10, 1983.

(6)The term “fishing” means—

(A)searching for, catching, taking, or harvesting fish;

(B)attempting to search for, catch, take, or harvest fish;

(C)engaging in any other activity which can reasonably be expected to result in the locating, catching, taking, or harvesting of fish for any purpose;

(D)placing, searching for, or recovering fish aggregating devices or associated electronic equipment such as radio beacons;

(E)any operations at sea directly in support of, or in preparation for, any activity described in subparagraphs (A) through (D), including transshipment; and

(F)use of any other vessel, vehicle, aircraft, or hovercraft, for any activity described in subparagraphs (A) through (E) except for emergencies involving the health and safety of the crew or the safety of a vessel.

(7)The term “fishing vessel” means any vessel used or intended for use for the purpose of fishing, including support ships, carrier vessels, and any other vessel directly involved in such fishing operations.

(8)The term “highly migratory fish stocks” means all fish stocks of the species listed in Annex 1 of the 1982 Convention, except sauries, occurring in the Convention Area,11 So in original. Probably should not be capitalized. and such other species of fish as the Commission may determine.

(9)The term “Secretary” means the Secretary of Commerce.

(10)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.

(11)The term “transshipment” means the unloading of all or any of the fish on board a fishing vessel to another fishing vessel either at sea or in port.

(12)The terms “WCPFC Convention” and “Western and Central Pacific Convention” means the Convention on the Conservation and Management of the Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, (including any annexes, amendments, or protocols which are in force, or have come into force, for the United States) which was adopted at Honolulu, Hawaii, on September 5, 2000, by the Multilateral High Level Conference on the Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Presidential Proclamation Numbered 5030, referred to in par. (5), is Proc. No. 5030, Mar. 10, 1983, 48 F.R. 10605, which is set out as a note under section 1453 of this title.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 109–479, title V, § 501, Jan. 12, 2007, 120 Stat. 3635, provided that: “This title [enacting this chapter] may be cited as the ‘Western and Central Pacific Fisheries Convention Implementation Act’.”

§6901 Definitions