§5002. Definitions

16 U.S.C. § 5002

As used in this chapter, the term—

(1)

“Anadromous stocks” means stocks of species listed in the Annex to the Convention that migrate into the Convention area.

(2)

“Anadromous fish” means fish of the species listed in the Annex to the Convention that migrate into the Convention area.

(3)

“Authorized officer” means a law enforcement official authorized to enforce this chapter under section 5008(a) of this title.

(4)

“Commission” means the North Pacific Anadromous Fish Commission provided for by article VIII of the Convention.

(6)

“Convention area” means the waters of the North Pacific Ocean and its adjacent seas, north of 33 degrees North Latitude,¹ beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

(7)

“Directed fishing” means fishing targeted at a particular species or stock of fish.

(8)

“Ecologically related species” means living marine species which are associated with anadromous stocks found in the Convention area, including, but not restricted to, both predators and prey of anadromous fish.

(9)

“Enforcement officer” means a law enforcement official authorized by any Party to enforce this chapter.

(10)

“Exclusive economic zone” means the zone established by Proclamation Numbered 5030, dated March 10, 1983. For purposes of applying this chapter, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States.

(11)

“Fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds.

(12)

“Fishing” means—

(A)

the catching, taking, or harvesting of fish, or any other activity that can reasonably be expected to result in the catching, taking, or harvesting of fish; or

(B)

any operation at sea in preparation for or in direct support of any activity described in subparagraph (A).

(13)

“Fishing vessel” means—

(A)

any vessel engaged in catching fish within the Convention area or in processing or transporting fish loaded in the Convention area;

(B)

any vessel outfitted to engage in any activity described in subparagraph (A);

(C)

any vessel supporting a vessel described in subparagraph (A) or (B).

(14)

“Incidental taking” means catching, taking, or harvesting a species or stock of fish while conducting directed fishing for another species or stock of fish.

(15)

“Party” means Canada, Japan, the Russian Federation, the United States, and any other nation that may accede to the Convention.

(16)

“Secretary” means the Secretary of State.

(17)

“United States Section” means the United States Commissioners of the Commission.

Footnotes

1 So in original. Probably should not be capitalized.

Notes, amendments, and revision history

(Pub. L. 102–567, title VIII, § 803, Oct. 29, 1992, 106 Stat. 4309; Pub. L. 102–587, title VIII, § 8003, Nov. 4, 1992, 106 Stat. 5098; Pub. L. 104–43, title IV, § 404(b), Nov. 3, 1995, 109 Stat. 391; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.)

Editorial Notes

References in Text

Proclamation Numbered 5030, dated March 10, 1983, referred to in par. (10), is set out as a note under section 1453 of this title.

Codification

Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted substantially identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.

Amendments

1995—Par. (13)(C). Pub. L. 104–43 amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “any vessel described in subparagraph (A) or (B).”