§5502. Definitions

16 U.S.C. § 5502

As used in this chapter—

(1)

The term “Agreement” means the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993.

(2)

The term “FAO” means the Food and Agriculture Organization of the United Nations.

(3)

The term “high seas” means the waters beyond the territorial sea or exclusive economic zone (or the equivalent) of any nation, to the extent that such territorial sea or exclusive economic zone (or the equivalent) is recognized by the United States.

(4)

The term “high seas fishing vessel” means any vessel of the United States or subject to the jurisdiction of the United States used or intended for use—

(A)

on the high seas;

(B)

for the purpose of the commercial exploitation of living marine resources; and

(C)

as a harvesting vessel, as a mother ship, or as any other support vessel directly engaged in a fishing operation.

(5)

The term “international conservation and management measures” means measures to conserve or manage one or more species of living marine resources that are adopted and applied in accordance with the relevant rules of international law, as reflected in the 1982 United Nations Convention on the Law of the Sea, and that are recognized by the United States. Such measures may be adopted by global, regional, or sub-regional fisheries organizations, subject to the rights and obligations of their members, or by treaties or other international agreements.

(6)

The term “length” means—

(A)

for any high seas fishing vessel built after July 18, 1982, 96 percent of the total length on a waterline at 85 percent of the least molded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that is greater, except that in ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline; and

(B)

for any high seas fishing vessel built before July 18, 1982, registered length as entered on the vessel’s documentation.

(7)

The term “person” means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government.

(9)

The term “vessel of the United States” means—

(A)

a vessel documented under chapter 121 of title 46 or numbered in accordance with chapter 123 of title 46;

(B)

a vessel owned in whole or part by—

(i)

the United States or a territory, commonwealth, or possession of the United States;

(ii)

a State or political subdivision thereof;

(iii)

a citizen or national of the United States; or

(iv)

a corporation created under the laws of the United States or any State, the District of Columbia, or any territory, commonwealth, or possession of the United States; unless the vessel has been granted the nationality of a foreign nation in accordance with article 92 of the 1982 United Nations Convention on the Law of the Sea and a claim of nationality or registry for the vessel is made by the master or individual in charge at the time of the enforcement action by an officer or employee of the United States authorized to enforce applicable provisions of the United States law; and

(C)

a vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was either sold to a person not a citizen of the United States or placed under foreign registry or a foreign flag, whether or not the vessel has been granted the nationality of a foreign nation.

(10)

The terms “vessel subject to the jurisdiction of the United States” and “vessel without nationality” have the same meaning as in subsections (c) and (d) of section 70502 of title 46.

Notes, amendments, and revision history

(Pub. L. 104–43, title I, § 103, Nov. 3, 1995, 109 Stat. 367; Pub. L. 106–562, title III, § 305, Dec. 23, 2000, 114 Stat. 2807.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, and was translated as reading “this title”, meaning title I of Pub. L. 104–43, to reflect the probable intent of Congress.

Codification

In par. (10), “subsections (c) and (d) of section 70502 of title 46” substituted for “section 3(c) of the Maritime Drug Law Enforcement Act (46 U.S.C. 1903(c))” on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 70502 of Title 46, Shipping.

Amendments

2000—Par. (4). Pub. L. 106–562 inserted “or subject to the jurisdiction of the United States” after “United States” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 120 days after Nov. 3, 1995, see section 111 of Pub. L. 104–43, set out as a note under section 5501 of this title.