§ 4102. — 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: 16USC4102]
TITLE 16--CONSERVATION
CHAPTER 61--INTERJURISDICTIONAL FISHERIES
Sec. 4102. Definitions
For the purposes of this chapter:
(1) The term ``Federal fishery management plan'' means a plan
developed under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(2) The term ``fishery resource'' means finfish, mollusks,
crustaceans, and any other form of marine animal or plant life,
other than marine mammals and birds.
(3) The term ``interjurisdictional fishery resource'' means--
(A) a fishery resource for which a fishery occurs in waters
under the jurisdiction of one or more States and the exclusive
economic zone established by Proclamation Numbered 5030, dated
March 10, 1983;
(B) a fishery resource for which there exists an interstate
fishery management plan; or
(C) a fishery resource which migrates between the waters
under the jurisdiction of two or more States bordering on the
Great Lakes.
For purposes of applying section 4104(a)(3) of this title during
fiscal year 1987, a Federal fishery management plan or an interstate
fishery management plan for the fishery resource need not be in
existence, but a plan of either kind for that resource must be in
the development process during that year.
(4) The term ``interstate fishery management plan'' means a plan
for managing fisheries developed and adopted by an interstate
commission.
(5) The term ``interstate commission'' means a commission or
other administrative body established by an interstate compact.
(6) The term ``interstate compact'' means a compact that has
been entered into by two or more States, established for the
purposes of conserving and managing interjurisdictional fishery
resources throughout their range, and consented to and approved by
Congress.
(7) The term ``project'' means a program for research in support
of the management of an interjurisdictional fishery resource or an
interstate cooperative fishery management agreement.
(8) The term ``Secretary'' means the Secretary of Commerce.
(9) The term ``State'' means any of the several States of the
United States, the Commonwealth of Puerto Rico, American Samoa, the
Virgin Islands, Guam, or the Northern Mariana Islands.
(10) The term ``State agency'' means any department, agency,
commission, or official of a State authorized under the laws of the
State to regulate commercial fisheries or enforce laws relating to
commercial fisheries.
(Pub. L. 99-659, title III, Sec. 303, Nov. 14, 1986, 100 Stat. 3732;
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)],
Sept. 30, 1996, 110 Stat. 3009, 3009-41.)
References in Text
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in par. (1), 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.
Proclamation Numbered 5030, referred to in par. (3)(A), is set out
under section 1453 of this title.
Amendments
1996--Par. (1). 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.
