§1841 — Title 43 Public Lands | U.S. Code

Summary

Gives clear meanings for important words used in the rules about Outer Continental Shelf oil and gas activity and fishing. "Area affected by Outer Continental Shelf activities" means any place tied to offshore oil or gas leases, permitted offshore work (not geophysical surveys), pipeline rights-of-way, or other places harmed or used by those activities, including expired or given-up lease areas and supply routes, and other areas the Secretary decides. "Citizen of the United States" means a person born in, naturalized in, or a U.S. citizen by law, a State or its agency, or a business set up under State law whose top executive and board chair are U.S. citizens and that has at least 75 percent of its ownership held by U.S. citizens; however, that 75 percent does not count if title or voting power isn’t clearly held by citizens, if citizens don’t control 75 percent of votes, if a contract lets non‑citizens exercise more than 25 percent of the voting power, or if other means let non‑citizens control more than 25 percent. "Commercial fisherman" means a U.S. citizen who owns, runs, or earns pay from working on a commercial fishing vessel. "Commercial fishing vessel" means a vessel documented under U.S. law (or, if under five net tons, registered in a State) used or fit for commercial fishing or related work like processing, storage, or transport. "Fish" means finfish, mollusks, crustaceans, and other marine animals and plants, but not marine mammals, birds, or highly migratory species. "Fishing gear" means any commercial fishing vessel and its equipment. "Fund" means the Fishermen’s Contingency Fund under section 1842. "Secretary" means the Secretary of Commerce or the person the Secretary names.

Title 43, §1841

Public Lands — Source: USLM XML via OLRC

As used in this subchapter, the term—

(1)“area affected by Outer Continental Shelf activities” means any geographic area:

(A)which is under oil or gas lease on the Outer Continental Shelf;

(B)where Outer Continental Shelf exploration, development or production activities have been permitted, except geophysical activities;

(C)where pipeline rights-of-way have been granted; or

(D)otherwise impacted by such activities including but not limited to expired lease areas, relinquished rights-of-way and easements, Outer Continental Shelf supply vessel routes, or other areas as determined by the Secretary;

(2)“citizen of the United States” means any person who is a United States citizen by law, birth, or naturalization, any State, any agency of a State, or a group of States, or any corporation, partnership, or association organized under the laws of any State which has as its president or other chief executive officer and as its chairman of the board of directors, or holder of a similar office, a person who is a United States citizen by law, birth, or naturalization, and which has at least 75 per centum of the interest of 11 So in original. The “of” is probably unnecessary. therein owned by citizens of the United States. Seventy-five per centum of the interest in the corporation shall not be deemed to be owned by citizens of the United States—

(A)if the title to 75 per centum of its stock is not vested in such citizens free from any trust or fiduciary obligation in favor of any person not a citizen of the United States;

(B)if 75 per centum of the voting power in such corporation is not vested in citizens of the United States;

(C)if through any contract or understanding it is so arranged that more than 25 per centum of the voting power may be exercised, directly or indirectly, in behalf of any person who is not a citizen of the United States; or

(D)if by any other means whatsoever control of any interest in the corporation in excess of 25 per centum is conferred upon or permitted to be exercised by any person who is not a citizen of the United States;

(3)“commercial fisherman” means any citizen of the United States who owns, operates, or derives income from being employed on a commercial fishing vessel;

(4)“commercial fishing vessel” means any vessel, boat, ship, or other craft which is (A) documented under the laws of the United States or, if under five net tons, registered under the laws of any State, and (B) used for, equipped to be used for, or of a type which is normally used for commercial purposes for the catching, taking, or harvesting of fish or the aiding or assisting of any activity related to the catching, taking, or harvesting of fish, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing;

(5)“fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals, birds, and highly migratory species;

(6)“fishing gear” means (A) any commercial fishing vessel, and (B) any equipment of such vessel, whether or not attached to such a vessel;

(7)“Fund” means the Fishermen’s Contingency Fund established under section 1842 of this title; and

(8)“Secretary” means the Secretary of Commerce or the designee of such Secretary.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1982—Pub. L. 97–212 added par. (1), redesignated former pars. (1) to (7) as (2) to (8), respectively, and struck out “at sea” after “the aiding or assisting” in par. (4)(B) as redesignated.

Statutory Notes and Related Subsidiaries

Effective Date

of 1982 Amendment Pub. L. 97–212, § 9, June 30, 1982, 96 Stat. 147, provided that: “(a) Except as provided for in subsection (b), the

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made by this Act [amending this section and sections 1842 to 1845 of this title, repealing section 1847 of this title, enacting a provision set out as a note under section 1823 of Title 16, Conservation, and amending a provision set out as a note under section 1823 of Title 16] shall apply with respect to claims for damages that are filed, on or after the date of the enactment of this Act [June 30, 1982], with the Secretary of Commerce under section 405(a) of the Outer Continental Shelf Lands Act

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of 1978 [section 1845(a) of this title]. “(b)(1) Any commercial fisherman who filed a claim with the Secretary of Commerce for compensation under title IV of such

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of 1978 [this subchapter] before the date of the enactment of this Act [

June 30, 1982] may, if no decision on such claim was rendered under section 405(d) of such title IV [section 1845(d) of this title] before such date of enactment [

June 30, 1982], refile such claim with the Secretary if the claimant notifies the Secretary in writing within thirty days after notification under paragraph (2) of his eligibility to refile the claim that he intends to so refile. If timely notification of intent to refile is made under the preceding sentence, any action pending with respect to the original claim shall be suspended pending the refiling of the claim under paragraph (2) and, if such refiling is timely made, such action shall be vacated. “(2) The Secretary shall notify each claimant eligible to refile a claim under paragraph (1) of such eligibility within 10 days after the date of enactment of this Act [

June 30, 1982]. “(3) A claim for which notification on intent to refile was timely made under paragraph (1) must be refiled with the Secretary within the thirty-day period after the date on which the

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promulgated to implement the

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made by this Act become final or action shall be resumed with respect to such claim without regard to the

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made by this Act. “(4) The

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made by this Act shall apply with respect to any claim that is refiled on a timely basis under paragraph (3).”

§1841 Definitions

Summary

Title 43, §1841

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Regulations

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