{"identifier":"/us/usc/t16/s5502","title":16,"num":"\u00a7\u202f5502.","heading":"Definitions","text":"\u00a7\u202f5502.\nDefinitions\nAs used in this chapter\u2014\n(1) The term \u201cAgreement\u201d 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\nNovember 24, 1993\n(2) The term \u201cFAO\u201d means the Food and Agriculture Organization of the United Nations.\n(3) The term \u201chigh seas\u201d 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.\n(4) The term \u201chigh seas fishing vessel\u201d means any vessel of the United States or subject to the jurisdiction of the United States used or intended for use\u2014\n(A) on the high seas;\n(B) for the purpose of the commercial exploitation of living marine resources; and\n(C) as a harvesting vessel, as a mother ship, or as any other support vessel directly engaged in a fishing operation.\n(5) The term \u201cinternational conservation and management measures\u201d 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.\n(6) The term \u201clength\u201d means\u2014\n(A) for any high seas fishing vessel built after\nJuly 18, 1982\n(B) for any high seas fishing vessel built before\nJuly 18, 1982\n(7) The term \u201cperson\u201d 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.\n(8) The term \u201cSecretary\u201d means the Secretary of Commerce.\n(9) The term \u201cvessel of the United States\u201d means\u2014\n(A) a vessel documented under chapter 121 of title 46 or numbered in accordance with chapter 123 of title 46;\n(B) a vessel owned in whole or part by\u2014\n(i) the United States or a territory, commonwealth, or possession of the United States;\n(ii) a State or political subdivision thereof;\n(iii) a citizen or national of the United States; or\n(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\n(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.\n(10) The terms \u201cvessel subject to the jurisdiction of the United States\u201d and \u201cvessel without nationality\u201d have the same meaning as in subsections (c) and (d) of\nsection 70502 of title 46","url":"https://projectusc.org/usc/t16/s5502.html","content":[{"t":"sec","id":"/us/usc/t16/s5502","children":[{"t":"num","text":"\u00a7\u202f5502."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this chapter\u2014"},{"t":"para","id":"/us/usc/t16/s5502/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" The term \u201cAgreement\u201d 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 ","children":[{"t":"text","text":"November 24, 1993","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s5502/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" The term \u201cFAO\u201d means the Food and Agriculture Organization of the United Nations.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s5502/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" The term \u201chigh seas\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s5502/4","children":[{"t":"num","text":"(4)"},{"t":"chapeau","text":" The term \u201chigh seas fishing vessel\u201d means any vessel of the United States or subject to the jurisdiction of the United States used or intended for use\u2014"},{"t":"subpara","id":"/us/usc/t16/s5502/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" on the high seas;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s5502/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" for the purpose of the commercial exploitation of living marine resources; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s5502/4/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" as a harvesting vessel, as a mother ship, or as any other support vessel directly engaged in a fishing operation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s5502/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" The term \u201cinternational conservation and management measures\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s5502/6","children":[{"t":"num","text":"(6)"},{"t":"chapeau","text":" The term \u201clength\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t16/s5502/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" for any high seas fishing vessel built after ","children":[{"t":"text","text":"July 18, 1982","tail":", 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"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s5502/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" for any high seas fishing vessel built before ","children":[{"t":"text","text":"July 18, 1982","tail":", registered length as entered on the vessel\u2019s documentation."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s5502/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" The term \u201cperson\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s5502/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" The term \u201cSecretary\u201d means the Secretary of Commerce.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s5502/9","children":[{"t":"num","text":"(9)"},{"t":"chapeau","text":" The term \u201cvessel of the United States\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t16/s5502/9/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a vessel documented under chapter 121 of title 46 or numbered in accordance with chapter 123 of title 46;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s5502/9/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" a vessel owned in whole or part by\u2014"},{"t":"clause","id":"/us/usc/t16/s5502/9/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the United States or a territory, commonwealth, or possession of the United States;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s5502/9/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a State or political subdivision thereof;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s5502/9/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" a citizen or national of the United States; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s5502/9/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s5502/9/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s5502/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" The terms \u201cvessel subject to the jurisdiction of the United States\u201d and \u201cvessel without nationality\u201d have the same meaning as in subsections (c) and (d) of ","children":[{"t":"ref","text":"section 70502 of title 46","href":"/us/usc/t46/s70502","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}