PRIA, Government Policy, Made Personal

Summary

Defines the main words used in the chapter about managing certain Pacific Ocean fish. 1982 Convention is the United Nations Convention on the Law of the Sea signed December 10, 1982. Agreement is the Implementation Agreement for conserving and managing straddling and highly migratory fish stocks under that Convention. Commission is the body for conserving and managing highly migratory fish in the western and central Pacific. Convention area is the part of the Pacific bounded by a line running: from Australia’s south coast due south along 141° E to 55° S; east to 150° E; south to 60° S; east to 130° W; north to 4° S; west to 150° W; then north along 150° W. Exclusive economic zone is the zone set by Presidential Proclamation No. 5030 of March 10, 1983. Fishing covers searching for, catching, trying to catch, using fish-aggregating devices, support operations (including transshipment), and using other craft for these activities except in emergencies. Fishing vessel is any vessel used or meant for fishing, including support and carrier ships. Highly migratory fish stocks are the species in Annex 1 of the 1982 Convention (except sauries) in the Convention Area and others the Commission may add. Secretary means the Secretary of Commerce. State means each U.S. State, the District of Columbia, the Northern Mariana Islands, American Samoa, Guam, and any other U.S. commonwealth, territory, or possession. Transhipment is moving fish from one fishing vessel to another at sea or in port. WCPFC Convention (Western and Central Pacific Convention) is the conservation convention adopted at Honolulu, Hawaii, 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)1982 Convention

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

(2)Agreement

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)Commission

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)Convention area

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)Exclusive economic zone

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

(6)Fishing

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)Fishing vessel

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)Highly migratory fish stocks

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, and such other species of fish as the Commission may determine.

(9)Secretary

The term “Secretary” means the Secretary of Commerce.

(10)State

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)Transhipment

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)WCPFC Convention; Western and Central Pacific Convention

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