{"identifier":"/us/usc/t16/s7801","title":16,"num":"\u00a7\u202f7801.","heading":"Definitions","text":"\u00a7\u202f7801.\nDefinitions\nIn this chapter:\n(1)\n1982 Convention\nThe term \u201c1982 Convention\u201d means the United Nations Convention on the Law of the Sea of 10 December 1982.\n(2)\nCommission\nThe term \u201cCommission\u201d means the Commission of the South Pacific Regional Fisheries Management Organization established in accordance with the South Pacific Fishery Resources Convention.\n(3)\nConvention Area\nThe term \u201cConvention Area\u201d means the area to which the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean applies under Article 5 of such Convention.\n(4)\nCouncil\nThe term \u201cCouncil\u201d means the Western Pacific Regional Fishery Management Council.\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)\nFishery resources\nThe term \u201cfishery resources\u201d means all fish, mollusks, crustaceans, and other marine species, and any products thereof, caught by a fishing vessel within the Convention Area, but excluding\u2014\n(A) sedentary species insofar as they are subject to the national jurisdiction of coastal States pursuant to Article 77 paragraph 4 of the 1982 Convention;\n(B) highly migratory species listed in Annex I of the 1982 Convention;\n(C) anadromous and catadromous species; and\n(D) marine mammals, marine reptiles and sea birds.\n(7)\nFishing\nThe term \u201cfishing\u201d\u2014\n(A) except as provided in subparagraph (B), means\u2014\n(i) the actual or attempted searching for, catching, taking, or harvesting of fishery resources;\n(ii) engaging in any activity that can reasonably be expected to result in the locating, catching, taking or harvesting of fishery resources for any purpose;\n(iii) transshipment and any operation at sea, in support of, or in preparation for, any activity described in this subparagraph; and\n(iv) the use of any vessel, vehicle, aircraft, or hovercraft in relation to any activity described in this subparagraph; and\n(B) does not include any operation related to emergencies involving the health and safety of crew members or the safety of a fishing vessel.\n(8)\nFishing vessel\nThe term \u201cfishing vessel\u201d means any vessel used or intended to be used for fishing, including any fish processing vessel support ship, carrier vessel, or any other vessel directly engaged in fishing operations.\n(9)\nPerson\nThe 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(10)\nSecretary\nThe term \u201cSecretary\u201d means the Secretary of Commerce.\n(11)\nSouth Pacific Fishery Resources Convention\nThe term \u201cSouth Pacific Fishery Resources Convention\u201d means the Convention on the Conservation and Management of the High Seas Fishery Resources in the South 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 Auckland, New Zealand, on\nNovember 14, 2009\n(12)\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.","url":"https://projectusc.org/usc/t16/s7801.html","content":[{"t":"sec","id":"/us/usc/t16/s7801","children":[{"t":"num","text":"\u00a7\u202f7801."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this chapter:"},{"t":"para","id":"/us/usc/t16/s7801/1","children":[{"t":"num","text":"(1)"},{"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":"para","id":"/us/usc/t16/s7801/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Commission"},{"t":"content","children":[{"t":"p","text":"The term \u201cCommission\u201d means the Commission of the South Pacific Regional Fisheries Management Organization established in accordance with the South Pacific Fishery Resources Convention.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7801/3","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 Fishery Resources in the South Pacific Ocean applies under Article 5 of such Convention.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7801/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Council"},{"t":"content","children":[{"t":"p","text":"The term \u201cCouncil\u201d means the Western Pacific Regional Fishery Management Council.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7801/5","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/s7801/5/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/s7801/5/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/s7801/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Fishery resources"},{"t":"chapeau","text":"The term \u201cfishery resources\u201d means all fish, mollusks, crustaceans, and other marine species, and any products thereof, caught by a fishing vessel within the Convention Area, but excluding\u2014"},{"t":"subpara","id":"/us/usc/t16/s7801/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" sedentary species insofar as they are subject to the national jurisdiction of coastal States pursuant to Article 77 paragraph 4 of the 1982 Convention;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s7801/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" highly migratory species listed in Annex I of the 1982 Convention;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s7801/6/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" anadromous and catadromous species; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s7801/6/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" marine mammals, marine reptiles and sea birds.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7801/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Fishing"},{"t":"chapeau","text":"The term \u201cfishing\u201d\u2014"},{"t":"subpara","id":"/us/usc/t16/s7801/7/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" except as provided in subparagraph (B), means\u2014"},{"t":"clause","id":"/us/usc/t16/s7801/7/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the actual or attempted searching for, catching, taking, or harvesting of fishery resources;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s7801/7/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 fishery resources for any purpose;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s7801/7/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" transshipment and any operation at sea, in support of, or in preparation for, any activity described in this subparagraph; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s7801/7/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" the use of any vessel, vehicle, aircraft, or hovercraft in relation to any activity described in this subparagraph; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s7801/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" does not include any operation related to emergencies involving the health and safety of crew members or the safety of a fishing vessel.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7801/8","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 to be used for fishing, including any fish processing vessel support ship, carrier vessel, or any other vessel directly engaged in fishing operations.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7801/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Person"},{"t":"content","children":[{"t":"p","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"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7801/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Secretary"},{"t":"content","children":[{"t":"p","text":"The term \u201cSecretary\u201d means the Secretary of Commerce.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7801/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"South Pacific Fishery Resources Convention"},{"t":"content","children":[{"t":"p","text":"The term \u201cSouth Pacific Fishery Resources Convention\u201d means the Convention on the Conservation and Management of the High Seas Fishery Resources in the South 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 Auckland, New Zealand, on ","children":[{"t":"text","text":"November 14, 2009","tail":", by the International Consultations on the Proposed South Pacific Regional Fisheries Management Organization."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s7801/12","children":[{"t":"num","text":"(12)"},{"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":"text","text":"\n"}]}]}