§ 3631. — 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: 16USC3631]
TITLE 16--CONSERVATION
CHAPTER 56A--PACIFIC SALMON FISHING
Sec. 3631. Definitions
As used in this chapter, unless the context otherwise requires, the
term--
(a) ``Commission'' means the Pacific Salmon Commission
established by the Treaty;
(b) ``enhancement'' means manmade improvements to natural
habitats, or the application of artificial fish culture technology,
that will lead to the increase of salmon stocks;
(c) ``Magnuson Act'' means the Act entitled ``the Magnuson-
Stevens Fishery Conservation and Management Act,'' as approved April
13, 1976, and as later amended (16 U.S.C. section 1801 et seq.);
(d) ``Panel'' means any of the Panels established by the Treaty;
(e) ``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);
(f) ``salmon'' means any anadromous species of the family
Salmonidae and genus Oncorhynchus, commonly known as Pacific salmon,
including but not limited to:
Popular names Scientific name
Chinook or King Salmon........ Oncorhynchus tshawytscha
Coho or Silver Salmon......... Oncorhynchus kisutch
Pink or Humpback Salmon....... Oncorhynchus gorbuscha
Chum or Dog Salmon............ Oncorhynchus keta
Sockeye or Red Salmon......... Oncorhynchus nerka
and shall also include Steelhead (Salmo gairdneri);
(g) ``Secretary'' means the Secretary of Commerce;
(h) ``Treaty'' means the Treaty between the Government of the
United States of America and the Government of Canada Concerning
Pacific Salmon, signed at Ottawa, January 28, 1985;
(i) ``treaty Indian tribe'' means any of the federally
recognized Indian tribes of the Columbia River basin, Washington
coast or Puget Sound areas having reserved fishing rights to salmon
stocks subject to the Treaty under treaties with the United States
Government; and
(j) ``United States Section'' means the four United States
Commissioners appointed by the President pursuant to this chapter.
(Pub. L. 99-5, Sec. 2, Mar. 15, 1985, 99 Stat. 7; Pub. L. 102-251, title
III, Sec. 306(a), Mar. 9, 1992, 106 Stat. 66; Pub. L. 104-208, div. A,
title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat.
3009, 3009-41.)
Amendment of Section
Pub. L. 102-251, title III, Secs. 306(a), 308, Mar. 9, 1992, 106
Stat. 66, provided that, effective on the date on which the
Agreement between the United States and the Union of Soviet
Socialist Republics on the Maritime Boundary, signed June 1, 1990,
enters into force for the United States, with authority to prescribe
implementing regulations effective Mar. 9, 1992, but with no such
regulation to be effective until the date on which the Agreement
enters into force for the United States, this section is amended by
redesignating subsections (h) to (j) as (i) to (k), respectively,
and by inserting after subsection (g) the following new subsection:
(h) ``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.
References in Text
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in subsec. (c), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat.
331, as amended, which is classified principally to chapter 38
(Sec. 1801 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1801 of this
title and Tables.
Amendments
1996--Subsec. (c). Pub. L. 104-208 substituted ``Magnuson-Stevens
Fishery'' for ``Magnuson Fishery''.
Effective Date of 1996 Amendment
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208
provided that the amendment made by that section is effective 15 days
after Oct. 11, 1996.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-251 effective on date on which Agreement
between United States and Union of Soviet Socialist Republics on the
Maritime Boundary, signed June 1, 1990, enters into force for United
States, with authority to prescribe implementing regulations effective
Mar. 9, 1992, but with no such regulation to be effective until date on
which Agreement enters into force for United States, see section 308 of
Pub. L. 102-251, set out as a note under section 773 of this title.
Short Title
Section 1 of Pub. L. 99-5 provided: ``That this Act [enacting this
chapter and repealing sections 776 to 776f of this title and provisions
set out as notes under section 776 of this title] may be cited as the
`Pacific Salmon Treaty Act of 1985'.''
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.