§ 1802. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1802]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER I--GENERALLY
Sec. 1802. Definitions
As used in this chapter, unless the context otherwise requires--
(1) The term ``anadromous species'' means species of fish which
spawn in fresh or estuarine waters of the United States and which
migrate to ocean waters.
(2) The term ``bycatch'' means fish which are harvested in a
fishery, but which are not sold or kept for personal use, and
includes economic discards and regulatory discards. Such term does
not include fish released alive under a recreational catch and
release fishery management program.
(3) The term ``charter fishing'' means fishing from a vessel
carrying a passenger for hire (as defined in section 2101(21a) of
title 46) who is engaged in recreational fishing.
(4) The term ``commercial fishing'' means fishing in which the
fish harvested, either in whole or in part, are intended to enter
commerce or enter commerce through sale, barter or trade.
(5) The term ``conservation and management'' refers to all of
the rules, regulations, conditions, methods, and other measures (A)
which are required to rebuild, restore, or maintain, and which are
useful in rebuilding, restoring, or maintaining, any fishery
resource and the marine environment; and (B) which are designed to
assure that--
(i) a supply of food and other products may be taken, and
that recreational benefits may be obtained, on a continuing
basis;
(ii) irreversible or long-term adverse effects on fishery
resources and the marine environment are avoided; and
(iii) there will be a multiplicity of options available with
respect to future uses of these resources.
(6) The term ``Continental Shelf'' means the seabed and subsoil
of the submarine areas adjacent to the coast, but outside the area
of the territorial sea, of the United States, to a depth of 200
meters or, beyond that limit, to where the depth of the superjacent
waters admits of the exploitation of the natural resources of such
areas.
(7) The term ``Continental Shelf fishery resources'' means the
following:
Cnidaria
Bamboo Coral--Acanella spp.;
Black Coral--Antipathes spp.;
Gold Coral--Callogorgia spp.;
Precious Red Coral--Corallium spp.;
Bamboo Coral--Keratoisis spp.; and
Gold Coral--Parazoanthus spp.
Crustacea
Tanner Crab--Chionoecetes tanneri;
Tanner Crab--Chionoecetes opilio;
Tanner Crab--Chionoecetes angulatus;
Tanner Crab--Chionoecetes bairdi;
King Crab--Paralithodes camtschatica;
King Crab--Paralithodes platypus;
King Crab--Paralithodes brevipes;
Lobster--Homarus americanus;
Dungeness Crab--Cancer magister;
California King Crab--Paralithodes californiensis;
California King Crab--Paralithodes rathbuni;
Golden King Crab--Lithodes aequispinus;
Northern Stone Crab--Lithodes maja;
Stone Crab--Menippe mercenaria; and
Deep-sea Red Crab--Chaceon quinquedens.
Mollusks
Red Abalone--Haliotis rufescens;
Pink Abalone--Haliotis corrugata;
Japanese Abalone--Haliotis kamtschatkana;
Queen Conch--Strombus gigas;
Surf Clam--Spisula solidissima; and
Ocean Quahog--Arctica islandica.
Sponges
Glove Sponge--Spongia cheiris;
Sheepswool Sponge--Hippiospongia lachne;
Grass Sponge--Spongia graminea; and
Yellow Sponge--Spongia barbera.
If the Secretary determines, after consultation with the Secretary
of State, that living organisms of any other sedentary species are,
at the harvestable stage, either--
(A) immobile on or under the seabed, or
(B) unable to move except in constant physical contact with
the seabed or subsoil,
of the Continental Shelf which appertains to the United States, and
publishes notice of such determination in the Federal Register, such
sedentary species shall be considered to be added to the foregoing
list and included in such term for purposes of this chapter.
(8) The term ``Council'' means any Regional Fishery Management
Council established under section 1852 of this title.
(9) The term ``economic discards'' means fish which are the
target of a fishery, but which are not retained because they are of
an undesirable size, sex, or quality, or for other economic reasons.
(10) The term ``essential fish habitat'' means those waters and
substrate necessary to fish for spawning, breeding, feeding or
growth to maturity.
(11) The term ``exclusive economic zone'' means the zone
established by Proclamation Numbered 5030, dated March 10, 1983. For
purposes of applying this chapter, the inner boundary of that zone
is a line coterminous with the seaward boundary of each of the
coastal States.
(12) The term ``fish'' means finfish, mollusks, crustaceans, and
all other forms of marine animal and plant life other than marine
mammals and birds.
(13) The term ``fishery'' means--
(A) one or more stocks of fish which can be treated as a
unit for purposes of conservation and management and which are
identified on the basis of geographical, scientific, technical,
recreational, and economic characteristics; and
(B) any fishing for such stocks.
(14) The term ``fishery resource'' means any fishery, any stock
of fish, any species of fish, and any habitat of fish.
(15) The term ``fishing'' means--
(A) the catching, taking, or harvesting of fish;
(B) the attempted catching, taking, or harvesting of fish;
(C) any other activity which can reasonably be expected to
result in the catching, taking, or harvesting of fish; or
(D) any operations at sea in support of, or in preparation
for, any activity described in subparagraphs (A) through (C).
Such term does not include any scientific research activity which is
conducted by a scientific research vessel.
(16) The term ``fishing community'' means a community which is
substantially dependent on or substantially engaged in the harvest
or processing of fishery resources to meet social and economic
needs, and includes fishing vessel owners, operators, and crew and
United States fish processors that are based in such community.
(17) The term ``fishing vessel'' means any vessel, boat, ship,
or other craft which is used for, equipped to be used for, or of a
type which is normally used for--
(A) fishing; or
(B) aiding or assisting one or more vessels at sea in the
performance of any activity relating to fishing, including, but
not limited to, preparation, supply, storage, refrigeration,
transportation, or processing.
(18) The term ``foreign fishing'' means fishing by a vessel
other than a vessel of the United States.
(19) The term ``high seas'' means all waters beyond the
territorial sea of the United States and beyond any foreign nation's
territorial sea, to the extent that such sea is recognized by the
United States.
(20) The term ``highly migratory species'' means tuna species,
marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks,
sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius).
(21) The term ``individual fishing quota'' means a Federal
permit under a limited access system to harvest a quantity of fish,
expressed by a unit or units representing a percentage of the total
allowable catch of a fishery that may be received or held for
exclusive use by a person. Such term does not include community
development quotas as described in section 1855(i) of this title.
(22) The term ``international fishery agreement'' means any
bilateral or multilateral treaty, convention, or agreement which
relates to fishing and to which the United States is a party.
(23) The term ``large-scale driftnet fishing'' means a method of
fishing in which a gillnet composed of a panel or panels of webbing,
or a series of such gillnets, with a total length of two and one-
half kilometers or more is placed in the water and allowed to drift
with the currents and winds for the purpose of entangling fish in
the webbing.
(24) \1\ The term ``Marine Fisheries Commission'' means the
Atlantic States Marine Fisheries Commission, the Gulf States Marine
Fisheries Commission, or the Pacific States Marine Fisheries
Commission.
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\1\ See Codification note below.
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(25) The term ``migratory range'' means the maximum area at a
given time of the year within which fish of an anadromous species or
stock thereof can be expected to be found, as determined on the
basis of scale pattern analysis, tagging studies, or other reliable
scientific information, except that the term does not include any
part of such area which is in the waters of a foreign nation.
(26) The term ``national standards'' means the national
standards for fishery conservation and management set forth in
section 1851 of this title.
(27) The term ``observer'' means any person required or
authorized to be carried on a vessel for conservation and management
purposes by regulations or permits under this chapter.
(28) The term ``optimum'', with respect to the yield from a
fishery, means the amount of fish which--
(A) will provide the greatest overall benefit to the Nation,
particularly with respect to food production and recreational
opportunities, and taking into account the protection of marine
ecosystems;
(B) is prescribed on the basis of the maximum sustainable
yield from the fishery, as reduced by any relevant social,
economic, or ecological factor; and
(C) in the case of an overfished fishery, provides for
rebuilding to a level consistent with producing the maximum
sustainable yield in such fishery.
(29) The terms ``overfishing'' and ``overfished'' mean a rate or
level of fishing mortality that jeopardizes the capacity of a
fishery to produce the maximum sustainable yield on a continuing
basis.
(30) The term ``Pacific Insular Area'' means American Samoa,
Guam, the Northern Mariana Islands, Baker Island, Howland Island,
Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Wake
Island, or Palmyra Atoll, as applicable, and includes all islands
and reefs appurtenant to such island, reef, or atoll.
(31) 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.
(32) The term ``recreational fishing'' means fishing for sport
or pleasure.
(33) The term ``regulatory discards'' means fish harvested in a
fishery which fishermen are required by regulation to discard
whenever caught, or are required by regulation to retain but not
sell.
(34) The term ``Secretary'' means the Secretary of Commerce or
his designee.
(35) The term ``State'' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands, Guam, and any other Commonwealth,
territory, or possession of the United States.
(36) \1\ The term ``special areas'' means the areas referred to
as eastern special areas in Article 3(1) of the Agreement between
the United States of America and the Union of Soviet Socialist
Republics on the Maritime Boundary, signed June 1, 1990. In
particular, the term refers to those areas east of the maritime
boundary, as defined in that Agreement, that lie within 200 nautical
miles of the baselines from which the breadth of the territorial sea
of Russia is measured but beyond 200 nautical miles of the baselines
from which the breadth of the territorial sea of the United States
is measured.
(37) The term ``stock of fish'' means a species, subspecies,
geographical grouping, or other category of fish capable of
management as a unit.
(38) The term ``treaty'' means any international fishery
agreement which is a treaty within the meaning of section 2 of
article II of the Constitution.
(39) The term ``tuna species'' means the following:
Albacore Tuna--Thunnus alalunga;
Bigeye Tuna--Thunnus obesus;
Bluefin Tuna--Thunnus thynnus;
Skipjack Tuna--Katsuwonus pelamis; and
Yellowfin Tuna--Thunnus albacares.
(40) The term ``United States'', when used in a geographical
context, means all the States thereof.
(41) The term ``United States fish processors'' means facilities
located within the United States for, and vessels of the United
States used or equipped for, the processing of fish for commercial
use or consumption.
(42) The term ``United States harvested fish'' means fish
caught, taken, or harvested by vessels of the United States within
any fishery regulated under this chapter.
(43) The term ``vessel of the United States'' means--
(A) any vessel documented under chapter 121 of title 46;
(B) any vessel numbered in accordance with chapter 123 of
title 46 and measuring less than 5 net tons;
(C) any vessel numbered in accordance with chapter 123 of
title 46 and used exclusively for pleasure; or
(D) any vessel not equipped with propulsion machinery of any
kind and used exclusively for pleasure.
(44) The term ``vessel subject to the jurisdiction of the United
States'' has the same meaning such term has in section 1903(c) of
title 46, Appendix.
(45) The term ``waters of a foreign nation'' means any part of
the territorial sea or exclusive economic zone (or the equivalent)
of a foreign nation, to the extent such territorial sea or exclusive
economic zone is recognized by the United States.
(Pub. L. 94-265, Sec. 3, Apr. 13, 1976, 90 Stat. 333; Pub. L. 95-354,
Sec. 3, Aug. 28, 1978, 92 Stat. 519; Pub. L. 97-453, Sec. 15(a), Jan.
12, 1983, 96 Stat. 2492; Pub. L. 99-659, title I, Secs. 101(a), 112,
Nov. 14, 1986, 100 Stat. 3706, 3715; Pub. L. 100-239, Sec. 2, Jan. 11,
1988, 101 Stat. 1778; Pub. L. 101-627, title I, Sec. 102(a), title X,
Sec. 1001(c), Nov. 28, 1990, 104 Stat. 4438, 4468; Pub. L. 102-251,
title III, Sec. 301(b), Mar. 9, 1992, 106 Stat. 62; Pub. L. 104-297,
title I, Sec. 102, Oct. 11, 1996, 110 Stat. 3561.)
References in Text
Proclamation Numbered 5030, referred to in par. (11), is set out
under section 1453 of this title.
Codification
Pub. L. 102-251, Sec. 301(b), which directed amendment of this
section by adding a new par. (24) reading ``(24) The term `special
areas' means the areas referred to as eastern special areas in Article
3(1) of the Agreement between the United States of America and the Union
of Soviet Socialist Republics on the Maritime Boundary, signed June 1,
1990; in particular, the term refers to those areas east of the maritime
boundary, as defined in that Agreement, that lie within 200 nautical
miles of the baselines from which the breadth of the territorial sea of
Russia is measured but beyond 200 nautical miles of the baselines from
which the breadth of the territorial sea of the United States is
measured.'' and redesignating former pars. (24) to (32) as (25) to (33),
respectively, was not executed, to reflect the probable intent of
Congress, because the amendments were inconsistent with the amendments
by Pub. L. 104-297 which added par. (36) which is substantially
identical to the par. (24) added by Pub. L. 102-251, made successive
redesignations of pars. (2) to (44), and added and amended various other
pars. See 1996 Amendment notes below.
Amendments
1996--Pars. (2) to (6). Pub. L. 104-297, Sec. 102(1), added pars.
(2) to (4) and redesignated former pars. (2) and (3) as (5) and (6),
respectively. Former pars. (4) to (6) redesignated (7) to (9),
respectively.
Par. (7). Pub. L. 104-297, Sec. 102(2)(B), substituted ``Deep-sea
Red Crab--Chaceon quinquedens'' for ``Deep-sea Red Crab--Geryon
quinquedens'' in list under heading ``Crustacea''.
Pub. L. 104-297, Sec. 102(2)(A), which directed substitution of
``Cnidaria'' for ``Coelenterata'' in heading of list of corals, was
executed by making the substitution for ``Colenterata'' in that heading
to reflect the probable intent of Congress.
Pub. L. 104-297, Sec. 102(1), redesignated par. (4) as (7). Former
par. (7) redesignated (10).
Par. (8). Pub. L. 104-297, Sec. 102(1), redesignated par. (5) as
(8). Former par. (8) redesignated (11).
Par. (9). Pub. L. 104-297, Sec. 102(3), added par. (9). Former par.
(9) redesignated (11).
Pub. L. 104-297, Sec. 102(1), redesignated par. (6) as (9). Former
par. (9) redesignated (12).
Par. (10). Pub. L. 104-297, Sec. 102(3), added par. (10). Former
par. (10) redesignated (12).
Pub. L. 104-297, Sec. 102(1), redesignated par. (7) as (10). Former
par. (10) redesignated (13).
Pars. (11) to (15). Pub. L. 104-297, Sec. 102(3), redesignated pars.
(9) to (13) as (11) to (15), respectively. Former pars. (14) and (15)
redesignated (16) and (17), respectively.
Pub. L. 104-297, Sec. 102(1), redesignated pars. (8) to (12) as (11)
to (15), respectively. Former pars. (13) to (15) redesignated (16) to
(18), respectively.
Par. (16). Pub. L. 104-297, Sec. 102(4), added par. (16). Former
par. (16) redesignated (17).
Pub. L. 104-297, Sec. 102(3), redesignated par. (14) as (16). Former
par. (16) redesignated (18).
Pub. L. 104-297, Sec. 102(1), redesignated par. (13) as (16). Former
par. (16) redesignated (19).
Pars. (17) to (20). Pub. L. 104-297, Sec. 102(4), redesignated pars.
(16) to (19) as (17) to (20), respectively. Former par. (20)
redesignated (21).
Pub. L. 104-297, Sec. 102(3), redesignated pars. (15) to (18) as
(17) to (20), respectively. Former pars. (19) and (20) redesignated (21)
and (22), respectively.
Pub. L. 104-297, Sec. 102(1), redesignated pars. (14) to (17) as
(17) to (20), respectively. Former pars. (18) to (20) redesignated (21)
to (23), respectively.
Par. (21). Pub. L. 104-297, Sec. 102(5), added par. (21). Former
par. (21) redesignated (22).
Pub. L. 104-297, Sec. 102(4), redesignated par. (20) as (21). Former
par. (21) redesignated (22).
Pub. L. 104-297, Sec. 102(3), redesignated par. (19) as (21). Former
par. (21) redesignated (23).
Pub. L. 104-297, Sec. 102(1), redesignated par. (18) as (21). Former
par. (21) redesignated (24).
Par. (22). Pub. L. 104-297, Sec. 102(5), redesignated par. (21) as
(22). Former par. (22) redesignated (23).
Pub. L. 104-297, Sec. 102(4), redesignated par. (21) as (22). Former
par. (22) redesignated (23).
Pub. L. 104-297, Sec. 102(3), redesignated par. (20) as (22). Former
par. (22) redesignated (24).
Pub. L. 104-297, Sec. 102(1), redesignated par. (19) as (22). Former
par. (22) redesignated (25).
Par. (23). Pub. L. 104-297, Sec. 102(6), substituted ``of two and
one-half kilometers'' for ``of one and one-half miles''.
Pub. L. 104-297, Sec. 102(5), redesignated par. (22) as (23). Former
par. (23) redesignated (24).
Pub. L. 104-297, Sec. 102(4), redesignated par. (22) as (23). Former
par. (23) redesignated (24).
Pub. L. 104-297, Sec. 102(3), redesignated par. (21) as (23). Former
par. (23) redesignated (25).
Pub. L. 104-297, Sec. 102(1), redesignated par. (20) as (23). Former
par. (23) redesignated (26).
Pars. (24) to (27). Pub. L. 104-297, Sec. 102(5), redesignated pars.
(23) to (26) as (24) to (27), respectively. Former par. (27)
redesignated (28).
Pub. L. 104-297, Sec. 102(4), redesignated pars. (23) to (26) as
(24) to (27), respectively. Former par. (27) redesignated (28).
Pub. L. 104-297, Sec. 102(3), redesignated pars. (22) to (25) as
(24) to (27), respectively. Former pars. (26) and (27) redesignated (28)
and (29), respectively.
Pub. L. 104-297, Sec. 102(1), redesignated pars. (21) to (24) as
(24) to (27), respectively. Former pars. (25) to (27) redesignated (28)
to (30), respectively.
Par. (28). Pub. L. 104-297, Sec. 102(7), added par. (28) and struck
out former par. (28) which read as follows: ``The term `optimum', with
respect to the yield from a fishery, means the amount of fish--
``(A) which will provide the greatest overall benefit to the
Nation, with particular reference to food production and
recreational opportunities; and
``(B) which is prescribed as such on the basis of the maximum
sustainable yield from such fishery, as modified by any relevant
economic, social, or ecological factor.''
Pub. L. 104-297, Sec. 102(5), redesignated par. (27) as (28). Former
par. (28) redesignated (29).
Pub. L. 104-297, Sec. 102(4), redesignated par. (27) as (28). Former
par. (28) redesignated (29).
Pub. L. 104-297, Sec. 102(3), redesignated par. (26) as (28). Former
par. (28) redesignated (30).
Pub. L. 104-297, Sec. 102(1), redesignated par. (25) as (28). Former
par. (28) redesignated (31).
Pars. (29), (30). Pub. L. 104-297, Sec. 102(8), added pars. (29) and
(30). Former pars. (29) and (30) redesignated (31) and (32),
respectively.
Pub. L. 104-297, Sec. 102(5), redesignated pars. (28) and (29) as
(29) and (30), respectively. Former par. (30) redesignated (31).
Pub. L. 104-297, Sec. 102(4), redesignated pars. (28) and (29) as
(29) and (30), respectively. Former par. (30) redesignated (31).
Pub. L. 104-297, Sec. 102(3), redesignated pars. (27) and (28) as
(29) and (30), respectively. Former pars. (29) and (30) redesignated
(31) and (32), respectively.
Pub. L. 104-297, Sec. 102(1), redesignated pars. (26) and (27) as
(29) and (30), respectively. Former pars. (29) and (30) redesignated
(32) and (33), respectively.
Par. (31). Pub. L. 104-297, Sec. 102(8), redesignated par. (29) as
(31). Former par. (31) redesignated (33).
Pub. L. 104-297, Sec. 102(5), redesignated par. (30) as (31). Former
par. (31) redesignated (32).
Pub. L. 104-297, Sec. 102(4), redesignated par. (30) as (31). Former
par. (31) redesignated (32).
Pub. L. 104-297, Sec. 102(3), redesignated par. (29) as (31). Former
par. (31) redesignated (33).
Pub. L. 104-297, Sec. 102(1), redesignated par. (28) as (31). Former
par. (31) redesignated (34).
Pars. (32), (33). Pub. L. 104-297, Sec. 102(9), added pars. (32) and
(33). Former pars. (32) and (33) redesignated (34) and (35),
respectively.
Pub. L. 104-297, Sec. 102(8), redesignated pars. (30) and (31) as
(32) and (33), respectively. Former pars. (32) and (33) redesignated
(34) and (35), respectively.
Pub. L. 104-297, Sec. 102(5), redesignated pars. (31) and (32) as
(32) and (33), respectively. Former par. (33) redesignated (34).
Pub. L. 104-297, Sec. 102(4), redesignated pars. (31) and (32) as
(32) and (33), respectively. Former par. (33) redesignated (34).
Pub. L. 104-297, Sec. 102(3), redesignated pars. (30) and (31) as
(32) and (33), respectively. Former pars. (32) and (33) redesignated
(34) and (35), respectively.
Pub. L. 104-297, Sec. 102(1), redesignated pars. (29) and (30) as
(32) and (33), respectively. Former par. (32) redesignated (35).
Pars. (34), (35). Pub. L. 104-297, Sec. 102(9), redesignated pars.
(32) and (33) as (34) and (35), respectively. Former pars. (34) and (35)
redesignated (36) and (37), respectively.
Pub. L. 104-297, Sec. 102(8), redesignated pars. (32) and (33) as
(34) and (35), respectively. Former pars. (34) and (35) redesignated
(36) and (37), respectively.
Pub. L. 104-297, Sec. 102(5), redesignated pars. (33) and (34) as
(34) and (35), respectively. Former par. (35) redesignated (36).
Pub. L. 104-297, Sec. 102(4), redesignated pars. (33) and (34) as
(34) and (35), respectively. Former par. (35) redesignated (36).
Pub. L. 104-297, Sec. 102(3), redesignated pars. (32) and (33) as
(34) and (35), respectively. Former pars. (34) and (35) redesignated
(36) and (37), respectively.
Pub. L. 104-297, Sec. 102(1), redesignated pars. (31) and (32) as
(34) and (35), respectively.
Par. (36). Pub. L. 104-297, Sec. 102(10), added par. (36). Former
par. (36) redesignated (37).
Pub. L. 104-297, Sec. 102(9), redesignated par. (34) as (36). Former
par. (36) redesignated (38).
Pub. L. 104-297, Sec. 102(8), redesignated par. (34) as (36). Former
par. (36) redesignated (38).
Pub. L. 104-297, Sec. 102(5), redesignated par. (35) as (36). Former
par. (36) redesignated (37).
Pub. L. 104-297, Sec. 102(4), redesignated par. (35) as (36). Former
par. (36) redesignated (37).
Pub. L. 104-297, Sec. 102(3), redesignated par. (34) as (36).
Par. (37). Pub. L. 104-297, Sec. 102(10), redesignated par. (36) as
(37). Former par. (37) redesignated (38).
Pub. L. 104-297, Sec. 102(9), redesignated par. (35) as (37). Former
par. (37) redesignated (39).
Pub. L. 104-297, Sec. 102(8), redesignated par. (35) as (37). Former
par. (37) redesignated (39).
Pub. L. 104-297, Sec. 102(5), redesignated par. (36) as (37). Former
par. (37) redesignated (38).
Pub. L. 104-297, Sec. 102(4), redesignated par. (36) as (37). Former
par. (37) redesignated (38).
Pub. L. 104-297, Sec. 102(3), redesignated par. (35) as (37).
Par. (38). Pub. L. 104-297, Sec. 102(10), redesignated par. (37) as
(38). Former par. (38) redesignated (39).
Pub. L. 104-297, Sec. 102(9), redesignated par. (36) as (38). Former
par. (38) redesignated (40).
Pub. L. 104-297, Sec. 102(8), redesignated par. (36) as (38). Former
par. (38) redesignated (40).
Pub. L. 104-297, Sec. 102(5), redesignated par. (37) as (38). Former
par. (38) redesignated (39).
Pub. L. 104-297, Sec. 102(4), redesignated par. (37) as (38).
Par. (39). Pub. L. 104-297, Sec. 102(10), redesignated par. (38) as
(39). Former par. (39) redesignated (40).
Pub. L. 104-297, Sec. 102(9), redesignated par. (37) as (39). Former
par. (39) redesignated (41).
Pub. L. 104-297, Sec. 102(8), redesignated par. (37) as (39). Former
par. (39) redesignated (41).
Pub. L. 104-297, Sec. 102(5), redesignated par. (38) as (39).
Pars. (40), (41). Pub. L. 104-297, Sec. 102(10), redesignated pars.
(39) and (40) as (40) and (41), respectively. Former par. (41)
redesignated (42).
Pub. L. 104-297, Sec. 102(9), redesignated pars. (38) and (39) as
(40) and (41), respectively. Former pars. (40) and (41) redesignated
(42) and (43), respectively.
Pub. L. 104-297, Sec. 102(8), redesignated pars. (38) and (39) as
(40) and (41), respectively.
Par. (42). Pub. L. 104-297, Sec. 102(11), which directed the
substitution of ``regulated under this chapter'' for ``for which a
fishery management plan prepared under subchapter IV of this chapter or
a preliminary fishery management plan prepared under section 1821(g) of
this title has been implemented'', was executed by making substitution
for language which referred to ``section 1821(h)'', notwithstanding
directory language directing substitution for language which referred to
``section 1821(g)'' to reflect the probable intent of Congress.
Pub. L. 104-297, Sec. 102(10), redesignated par. (41) as (42).
Former par. (42) redesignated (43).
Pub. L. 104-297, Sec. 102(9), redesignated par. (40) as (42).
Par. (43). Pub. L. 104-297, Sec. 102(10), redesignated par. (42) as
(43). Former par. (43) redesignated (44).
Pub. L. 104-297, Sec. 102(9), redesignated par. (41) as (43).
Par. (44). Pub. L. 104-297, Sec. 102(12), added par. (44). Former
par. (44) redesignated (45).
Pub. L. 104-297, Sec. 102(10), redesignated par. (43) as (44).
Par. (45). Pub. L. 104-297, Sec. 102(12), redesignated par. (44) as
(45).
1990--Par. (7). Pub. L. 101-627, Sec. 102(a)(2), substituted ``and
birds'' for ``, birds, and highly migratory species''.
Par. (14). Pub. L. 101-627, Sec. 102(a)(3), amended par. (14)
generally. Prior to amendment, par. (14) read as follows: ``The term
`highly migratory species' means species of tuna which, in the course of
their life cycle, spawn and migrate over great distances in waters of
the ocean.''
Par. (16). Pub. L. 101-627, Sec. 102(a)(4), added par. (16). Former
par. (16) redesignated (17).
Par. (17). Pub. L. 101-627, Sec. 102(a)(1), redesignated par. (16)
as (17). Former par. (17) redesignated (19).
Par. (18). Pub. L. 101-627, Sec. 102(a)(5), added par. (18). Former
par. (18) redesignated (21).
Par. (19). Pub. L. 101-627, Sec. 102(a)(1), redesignated par. (17)
as (19). Former par. (19) redesignated (22).
Par. (20). Pub. L. 101-627, Sec. 102(a)(6), added par. (20). Former
par. (20) redesignated (23).
Pars. (21) to (26). Pub. L. 101-627, Sec. 102(a)(1), redesignated
pars. (18) to (23) as (21) to (26), respectively. Former pars. (24) to
(26) redesignated (28) to (30), respectively.
Par. (27). Pub. L. 101-627, Sec. 102(a)(7), added par. (27). Former
par. (27) redesignated (31).
Pars. (28) to (31). Pub. L. 101-627, Sec. 102(a)(1), redesignated
pars. (24) to (27) as (28) to (31), respectively.
Par. (32). Pub. L. 101-627, Sec. 102(a)(8), added par. (32).
1988--Par. (27). Pub. L. 100-239 amended par. (27) generally. Prior
to amendment, par. (27) read as follows: ``The term `vessel of the
United States' means--
``(A) any vessel documented under the laws of the United States;
``(B) any vessel numbered in accordance with the Federal Boat
Safety Act of 1971 and measuring less than 5 net tons; or
``(C) any vessel numbered under the Federal Boat Safety Act of
1971 and used exclusively for pleasure.''
1986--Par. (4). Pub. L. 99-659, Sec. 112, in provisions under
heading ``Mollusks'' substituted ``Arctica islandica'' for ``Artica
islandica'' and under heading ``Sponges'' substituted ``Spongia
cheiris'' for ``Hippiospongia canaliculata''.
Pars. (6) to (8). Pub. L. 99-659, Sec. 101(a), added par. (6),
redesignated former pars. (6) and (7) as (7) and (8), respectively, and
struck out former par. (8) which defined ``fishery conservation zone''
as the fishery conservation zone established by section 1811 of this
title.
1983--Par. (27). Pub. L. 97-453 designated existing provisions as
subpar. (A), struck out ``or registered under the laws of any State''
after ``United States'', and added subpars. (B) and (C).
1978--Pars. (25) to (27). Pub. L. 95-354 added pars. (25) and (26)
and redesignated former par. (25) as (27).
Change of Name
``Pacific States Marine Fisheries Commission'' substituted for
``Pacific Marine Fisheries Commission'' in par. (24) pursuant to section
1001(c) of Pub. L. 101-627, set out below.
Effective Date of 1992 Amendment
Section 405(a) of Pub. L. 104-297 provided that: ``Notwithstanding
section 308 of the Act entitled `An Act to provide for the designation
of the Flower Garden Banks National Marine Sanctuary', approved March 9,
1992 (Public Law 102-251; 106 Stat. 66) [set out as a note under section
773 of this title] hereinafter referred to as the `FGB Act', section
301(b) of that Act [amending this section, see Codification note above]
(adding a definition of the term `special areas') shall take effect on
the date of enactment of this Act [Oct. 11, 1996].''
Redesignation of Pacific Marine Fisheries Commission as Pacific States
Marine Fisheries Commission
Section 1001 of Pub. L. 101-627 provided that:
``(a) In General.--The Congress consents to and approves of the
amendments described in subsection (b) to the interstate compact which
constituted the Pacific Marine Fisheries Commission, approved by the Act
of July 24, 1947 (61 Stat. 419; hereinafter in this section referred to
as the `compact').
``(b) Amendment Described.--The amendments referred to in subsection
(a) are the amendments approved and ratified before the effective date
of this section [Nov. 28, 1990] by the contracting States to the
compact, which--
``(1) amend Article III of the compact to redesignate the
Pacific Marine Fisheries Commission as the `Pacific States Marine
Fisheries Commission'; and
``(2) make such other amendments to the compact as are necessary
solely to conform the text of the compact to the amendment described
in paragraph (1).
``(c) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Pacific
Marine Fisheries Commission constituted by the compact is deemed to be a
reference to the `Pacific States Marine Fisheries Commission'.''
Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public Lands.
Section Referred to in Other Sections
This section is referred to in sections 917a, 971, 971d, 1371,
1383a, 1387, 1854, 3377, 3601, 5152 of this title; title 22 sections
1971, 1980; title 46 sections 8103, 8704, 12122; title 46 App. section
1271; title 48 section 1904.
