{"identifier":"/us/usc/t16/s7701","title":16,"num":"\u00a7\u202f7701.","heading":"Definitions","text":"\u00a7\u202f7701.\nDefinitions\nIn this chapter:\n(1)\nCommission\nThe term \u201cCommission\u201d means the North Pacific Fisheries Commission established in accordance with the North Pacific Fisheries Convention.\n(2)\nCommissioner\nThe term \u201cCommissioner\u201d means a United States Commissioner appointed under\nsection 7702(a) of this title\n(3)\nConvention Area\nThe term \u201cConvention Area\u201d means the area to which the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean applies under Article 4 of such Convention.\n(4)\nCouncil\nThe term \u201cCouncil\u201d means the North Pacific Fishery Management Council, the Pacific Fishery Management Council, or the Western Pacific Fishery Management Council established under\nsection 1852 of this title\n(5)\nExclusive economic zone\nThe term \u201cexclusive economic zone\u201d means\u2014\n(A) with respect to the United States, the zone established by Presidential Proclamation Numbered 5030 of\nMarch 10, 1983\n16 U.S.C. 1453\n(B) with respect to a foreign country, a designated zone similar to the zone referred to in subparagraph (A) for that country, consistent with international law.\n(6)\nFisheries resources\n(A)\nIn general\nExcept as provided in subparagraph (B), the term \u201cfisheries resources\u201d means all fish, mollusks, crustaceans, and other marine species caught by a fishing vessel within the Convention Area, as well as any products thereof.\n(B)\nExclusions\nThe term \u201cfisheries resources\u201d does not include\u2014\n(i) sedentary species insofar as they are subject to the sovereign rights of coastal nations consistent with Article 77, paragraph 4 of the 1982 Convention and indicator species of vulnerable marine ecosystems as listed in, or adopted pursuant to, Article 13, paragraph 5 of the North Pacific Fisheries Convention;\n(ii) catadromous species;\n(iii) marine mammals, marine reptiles, or seabirds; or\n(iv) other marine species already covered by preexisting international fisheries management instruments within the area of competence of such instruments.\n(7)\nFishing activities\n(A)\nIn general\nThe term \u201cfishing activities\u201d means\u2014\n(i) the actual or attempted searching for, catching, taking, or harvesting of fisheries resources;\n(ii) engaging in any activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fisheries resources for any purpose;\n(iii) the processing of fisheries resources at sea;\n(iv) the transshipment of fisheries resources at sea or in port; or\n(v) any operation at sea in direct support of, or in preparation for, any activity described in clauses (i) through (iv), including transshipment.\n(B)\nExclusions\nThe term \u201cfishing activities\u201d does not include any operation related to an emergency involving the health or safety of a crew member or the safety of a fishing vessel.\n(8)\nFishing vessel\nThe term \u201cfishing vessel\u201d means any vessel used or intended for use for the purpose of engaging in fishing activities, including a processing vessel, a support ship, a carrier vessel, or any other vessel directly engaged in such fishing activities.\n(9)\nHigh seas\nThe term \u201chigh seas\u201d does not include an area that is within the exclusive economic zone of the United States or of any other country.\n(10)\nNorth Pacific Fisheries Convention\nThe term \u201cNorth Pacific Fisheries Convention\u201d means the Convention on the Conservation and Management of the High Seas Fisheries Resources in the North Pacific Ocean (including any annexes, amendments, or protocols that are in force, or have come into force) for the United States, which was adopted at Tokyo on\nFebruary 24, 2012\n(11)\nPerson\nThe term \u201cperson\u201d means\u2014\n(A) any individual, whether or not a citizen or national of the United States;\n(B) any corporation, partnership, association, or other entity, whether or not organized or existing under the laws of any State; or\n(C) any Federal, State, local, tribal, or foreign government or any entity of such government.\n(12)\nSecretary\nExcept as otherwise specifically provided, the term \u201cSecretary\u201d means the Secretary of Commerce.\n(13)\nState\nThe term \u201cState\u201d means each of the several States of the United States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States.\n(14)\nStraddling stock\nThe term \u201cstraddling stock\u201d means a stock of fisheries resources that migrates between, or occurs in, the economic exclusion zone of one or more parties to the Convention and the Convention Area.\n(15)\nTransshipment\nThe term \u201ctransshipment\u201d means the unloading of any fisheries resources taken in the Convention Area from one fishing vessel to another fishing vessel either at sea or in port.\n(16)\n1982 convention\nThe term \u201c1982 Convention\u201d means the United Nations Convention on the Law of the Sea of 10 December 1982.","url":"https://projectusc.org/usc/t16/s7701.html","content":[{"t":"sec","id":"/us/usc/t16/s7701","children":[{"t":"num","text":"\u00a7\u202f7701."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this chapter:"},{"t":"para","id":"/us/usc/t16/s7701/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Commission"},{"t":"content","children":[{"t":"p","text":"The term \u201cCommission\u201d means the North Pacific Fisheries Commission established in accordance with the North Pacific Fisheries Convention.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7701/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Commissioner"},{"t":"content","children":[{"t":"p","text":"The term \u201cCommissioner\u201d means a United States Commissioner appointed under ","children":[{"t":"ref","text":"section 7702(a) of this title","href":"/us/usc/t16/s7702/a","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7701/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Convention Area"},{"t":"content","children":[{"t":"p","text":"The term \u201cConvention Area\u201d means the area to which the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean applies under Article 4 of such Convention.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7701/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Council"},{"t":"content","children":[{"t":"p","text":"The term \u201cCouncil\u201d means the North Pacific Fishery Management Council, the Pacific Fishery Management Council, or the Western Pacific Fishery Management Council established under ","children":[{"t":"ref","text":"section 1852 of this title","href":"/us/usc/t16/s1852","tail":", as the context requires."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7701/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Exclusive economic zone"},{"t":"chapeau","text":"The term \u201cexclusive economic zone\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t16/s7701/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" with respect to the United States, the zone established by Presidential Proclamation Numbered 5030 of ","children":[{"t":"text","text":"March 10, 1983","tail":" ("},{"t":"ref","text":"16 U.S.C. 1453","href":"/us/usc/t16/s1453","tail":" note); and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s7701/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" with respect to a foreign country, a designated zone similar to the zone referred to in subparagraph (A) for that country, consistent with international law.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7701/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Fisheries resources"},{"t":"subpara","id":"/us/usc/t16/s7701/6/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Except as provided in subparagraph (B), the term \u201cfisheries resources\u201d means all fish, mollusks, crustaceans, and other marine species caught by a fishing vessel within the Convention Area, as well as any products thereof.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s7701/6/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Exclusions"},{"t":"chapeau","text":"The term \u201cfisheries resources\u201d does not include\u2014"},{"t":"clause","id":"/us/usc/t16/s7701/6/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" sedentary species insofar as they are subject to the sovereign rights of coastal nations consistent with Article 77, paragraph 4 of the 1982 Convention and indicator species of vulnerable marine ecosystems as listed in, or adopted pursuant to, Article 13, paragraph 5 of the North Pacific Fisheries Convention;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s7701/6/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" catadromous species;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s7701/6/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" marine mammals, marine reptiles, or seabirds; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s7701/6/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" other marine species already covered by preexisting international fisheries management instruments within the area of competence of such instruments.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7701/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Fishing activities"},{"t":"subpara","id":"/us/usc/t16/s7701/7/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The term \u201cfishing activities\u201d means\u2014"},{"t":"clause","id":"/us/usc/t16/s7701/7/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the actual or attempted searching for, catching, taking, or harvesting of fisheries resources;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s7701/7/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" engaging in any activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fisheries resources for any purpose;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s7701/7/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" the processing of fisheries resources at sea;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s7701/7/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" the transshipment of fisheries resources at sea or in port; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s7701/7/A/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" any operation at sea in direct support of, or in preparation for, any activity described in clauses (i) through (iv), including transshipment.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s7701/7/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Exclusions"},{"t":"content","children":[{"t":"p","text":"The term \u201cfishing activities\u201d does not include any operation related to an emergency involving the health or safety of a crew member or the safety of a fishing vessel.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7701/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Fishing vessel"},{"t":"content","children":[{"t":"p","text":"The term \u201cfishing vessel\u201d means any vessel used or intended for use for the purpose of engaging in fishing activities, including a processing vessel, a support ship, a carrier vessel, or any other vessel directly engaged in such fishing activities.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7701/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"High seas"},{"t":"content","children":[{"t":"p","text":"The term \u201chigh seas\u201d does not include an area that is within the exclusive economic zone of the United States or of any other country.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7701/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"North Pacific Fisheries Convention"},{"t":"content","children":[{"t":"p","text":"The term \u201cNorth Pacific Fisheries Convention\u201d means the Convention on the Conservation and Management of the High Seas Fisheries Resources in the North Pacific Ocean (including any annexes, amendments, or protocols that are in force, or have come into force) for the United States, which was adopted at Tokyo on ","children":[{"t":"text","text":"February 24, 2012","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7701/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Person"},{"t":"chapeau","text":"The term \u201cperson\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t16/s7701/11/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" any individual, whether or not a citizen or national of the United States;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s7701/11/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any corporation, partnership, association, or other entity, whether or not organized or existing under the laws of any State; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s7701/11/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" any Federal, State, local, tribal, or foreign government or any entity of such government.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7701/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Secretary"},{"t":"content","children":[{"t":"p","text":"Except as otherwise specifically provided, the term \u201cSecretary\u201d means the Secretary of Commerce.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7701/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d means each of the several States of the United States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7701/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"Straddling stock"},{"t":"content","children":[{"t":"p","text":"The term \u201cstraddling stock\u201d means a stock of fisheries resources that migrates between, or occurs in, the economic exclusion zone of one or more parties to the Convention and the Convention Area.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7701/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"Transshipment"},{"t":"content","children":[{"t":"p","text":"The term \u201ctransshipment\u201d means the unloading of any fisheries resources taken in the Convention Area from one fishing vessel to another fishing vessel either at sea or in port.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7701/16","children":[{"t":"num","text":"(16)"},{"t":"heading","text":"1982 convention"},{"t":"content","children":[{"t":"p","text":"The term \u201c1982 Convention\u201d means the United Nations Convention on the Law of the Sea of 10 December 1982.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}