Title 16, ConservationRelease 119-110

§7402 Definitions

Title 16 › CHAPTER 93 — AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING › § 7402

Last updated Sep 23, 2026|Official source

Summary

Defines important words used later in the chapter. Agreement — the FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done at the FAO in Rome, Italy, on November 22, 2009, and signed by the United States on November 22, 2009. IUU fishing — the activities listed in paragraph 3 of the 2001 FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. Listed IUU vessel — a vessel put on an IUU list by a regional fisheries management organization (RFMO) the U.S. belongs to, or on a non‑member RFMO list if the Secretary finds the listing criteria comparable. Magnuson‑Stevens Act — the Magnuson‑Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). Person — has the same meaning as in section 3 of the Magnuson‑Stevens Act (16 U.S.C. 1802). RFMO/regional fisheries management organization — an RFMO as defined by the FAO Port State Measures Agreement that the U.S. recognizes. Secretary — the Secretary of Commerce or a designee. Vessel — any ship or boat used, equipped, or intended for fishing or fishing activities, including container ships carrying fish not yet landed. Fish — finfish, mollusks, crustaceans, and other marine animals and plants, excluding marine mammals and birds. Fishing — catching or trying to catch fish, other activities likely to lead to catching fish, and sea operations that support or prepare for those actions; it does not include scientific research done by a scientific research vessel.

Full Legal Text

Title 16, §7402

Conservation, Source: USLM XML via OLRC

As used in this chapter:
(1)The term “Agreement” means the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done at the Food and Agriculture Organization of the United Nations, in Rome, Italy, November 22, 2009, and signed by the United States November 22, 2009.
(2)The term “IUU fishing” means any activity set out in paragraph 3 of the 2001 FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.
(3)The term “listed IUU vessel” means a vessel that is included in a list of vessels having engaged in IUU fishing or fishing-related activities in support of IUU fishing that has been adopted by a regional fisheries management organization of which the United States is a member, or a list adopted by a regional fisheries management organization of which the United States is not a member if the Secretary determines the criteria used by that organization to create the IUU list is comparable to criteria adopted by RFMOs of which the United States is a member for identifying IUU vessels and activities.
(4)The term “Magnuson-Stevens Act” means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(5)The term “person” has the same meaning as that term has in section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802).
(6)The terms “RFMO” and “regional fisheries management organization” mean a regional fisheries management organization (as that term is defined by the United Nation’s Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) that is recognized by the United States.
(7)The term “Secretary” means the Secretary of Commerce or his or her designee.
(8)The term “vessel” means any vessel, ship of another type, or boat used for, equipped to be used for, or intended to be used for, fishing or fishing-related activities, including container vessels that are carrying fish that have not been previously landed.
(9)The term “fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds.
(10)The term “fishing”—
(A)except as provided in subparagraph (B), means—
(i)the catching, taking, or harvesting of fish;
(ii)the attempted catching, taking, or harvesting of fish;
(iii)any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or
(iv)any operations at sea in support of, or in preparation for, any activity described in clauses (i) through (iii); and
(B)does not include any scientific research activity that is conducted by a scientific research vessel.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (4), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1801 of this title and Tables.

Reference

Citations & Metadata

Citation

16 U.S.C. § 7402

Title 16, Conservation

Last Updated

Sep 23, 2026

Release point: 119-110