§7402 — Title 16 Conservation | U.S. Code

Summary

Defines key words used in the chapter so people know what rules cover. Agreement means the FAO Port State Measures Agreement from Rome, signed by the United States on November 22, 2009. IUU fishing means the activities listed in paragraph 3 of the 2001 FAO International Plan of Action on Illegal, Unreported and Unregulated fishing. Listed IUU vessel means a boat put on an IUU list by a regional fisheries management organization (RFMO) the U.S. is in, or by another RFMO if the Secretary finds its listing rules are comparable. Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). Person has the meaning given in section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802). RFMO means a regional fisheries management organization recognized by the United States. Secretary means the Secretary of Commerce or the person the Secretary names. Vessel means any ship or boat used, equipped, or intended for fishing or related activities, including container ships carrying fish not yet landed. Fish means finfish, mollusks, crustaceans, and other marine animals and plants, but not marine mammals or birds. Fishing means catching or trying to catch fish, activities likely to lead to catching fish, and at-sea operations that support or prepare for those actions, but it does not include scientific research done by a scientific research vessel.

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 11 So in original. 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.

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.

§7402 Definitions