---
kind: "section"
citation: "16 U.S.C. § 5609"
title: "16"
title_heading: "Conservation"
number: "5609"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/5609"
units:
  - "Chapter 76 — Northwest Atlantic Fisheries Convention"
---

# §5609. Definitions


In this chapter:

- (1) **1982 Convention—** The term “1982 Convention” means the United Nations [Convention](#5) on the Law of the Sea of 10 December 1982.
- (2) **Authorized enforcement officer—** The term “authorized enforcement officer” means a [person](#12) authorized to enforce this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the [Convention](#5).
- (3) **Commission—** The term “Commission” means the body provided for by Articles V, VI, XIII, XIV, and XV of the [Convention](#5).
- (4) **Commissioner—** The term “Commissioner” means a United States Commissioner to the Northwest Atlantic Fisheries [Organization](#11) appointed under [section 5601 of this title](/usc/16/5601.md).
- (5) **Convention—** The term “Convention” means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978, and as amended on September 28, 2007.
- (6) **Convention Area—** The term “Convention Area” means the waters of the Northwest Atlantic Ocean north of 35°00′ N and west of a line extending due north from 35°00′ N and 42°00′ W to 59°00′ N, thence due west to 44°00′ W, and thence due north to the coast of Greenland, and the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78°10′ N.
- (7) **Council—** The term “Council” means the New England Fishery Management Council or the Mid-Atlantic Fishery Management Council.
- (8) **Fishery resources—**
  - (A) **In general—** The term “fishery resources” means all fish, mollusks, and crustaceans, including any products thereof, within the [Convention Area](#6).
  - (B) **Exclusions—** The term “[fishery resources](#8-A)” does not include—
    - (i) sedentary species over which coastal [States](/usc/16/544.md?p=r) may exercise sovereign rights consistent with Article 77 of the [1982 Convention](#1); or
    - (ii) insofar as they are managed under other international treaties, anadromous and catadromous stocks and highly migratory species listed in Annex I of the [1982 Convention](#1).
- (9) **Fishing activities—**
  - (A) **In general—** The term “fishing activities” means harvesting or processing [fishery resources](#8-A), or transhipping[^1] of [fishery resources](#8-A) or products derived from [fishery resources](#8-A), or any other activity in preparation for, in support of, or related to the harvesting of [fishery resources](#8-A).
  - (B) **Inclusions—** The term “[fishing activities](#9-A)” includes—
    - (i) the actual or attempted searching for or catching or [taking](/usc/16/3102.md?p=18) of [fishery resources](#8-A);
    - (ii) any activity that can reasonably be expected to result in locating, catching, [taking](/usc/16/3102.md?p=18), or harvesting of [fishery resources](#8-A) for any purpose; and
    - (iii) any operation at sea in support of, or in preparation for, any activity described in this paragraph.
  - (C) **Exclusions—** The term “[fishing activities](#9-A)” does not include any operation related to emergencies involving the health and safety of crew members or the safety of a vessel.
- (10) **Fishing vessel—**
  - (A) **In general—** The term “fishing vessel” means a vessel that is or has been engaged in [fishing activities](#9-A).
  - (B) **Inclusions—** The term “[fishing vessel](#10-A)” includes a fish processing vessel or a vessel engaged in [transshipment](#17) or any other activity in preparation for or related to [fishing activities](#9-A), or in experimental or exploratory [fishing activities](#9-A).
- (11) **Organization—** The term “Organization” means the Northwest Atlantic Fisheries Organization provided for by Article V of the [Convention](#5).
- (12) **Person—** The term “person” means any individual (whether or not a citizen or national of the United States), and any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any [State](#16)).
- (13) **Representative—** The term “Representative” means a United States Representative to the Northwest Atlantic Fisheries [Scientific Council](#14) appointed under [section 5601 of this title](/usc/16/5601.md).
- (14) **Scientific council—** The term “Scientific Council” means the Scientific Council provided for by Articles V, VI, and VII of the [Convention](#5).
- (15) **Secretary—** The term “Secretary” means the Secretary of Commerce.
- (16) **State—** The term “State” means each of the several [States](/usc/16/544.md?p=r) of the United States, the District of Columbia, and any other commonwealth, territory, or possession of the United States.
- (17) **Transshipment—** The term “transshipment” means the unloading of all or any of the [fishery resources](#8-A) on board a [fishing vessel](#10-A) to another [fishing vessel](#10-A) either at sea or in port.

## Footnotes

[^1]: So in original. Probably should be “transshipping”.

## Source credit

(Pub. L. 104–43, title II, § 210, Nov. 3, 1995, 109 Stat. 381; Pub. L. 105–384, title II, § 201(b)(3), Nov. 13, 1998, 112 Stat. 3451; Pub. L. 114–327, title V, § 508, Dec. 16, 2016, 130 Stat. 1996.)

## Notes

### Editorial Notes

### Amendments

2016—Pub. L. 114–327 amended section generally. Prior to amendment, section defined terms for this chapter.

1998—Par. (6). Pub. L. 105–384 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.