§ 5002. — 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: 16USC5002]
TITLE 16--CONSERVATION
CHAPTER 70--NORTH PACIFIC ANADROMOUS STOCKS CONVENTION
Sec. 5002. Definitions
As used in this chapter, the term--
(1) ``Anadromous stocks'' means stocks of species listed in the
Annex to the Convention that migrate into the Convention area.
(2) ``Anadromous fish'' means fish of the species listed in the
Annex to the Convention that migrate into the Convention area.
(3) ``Authorized officer'' means a law enforcement official
authorized to enforce this chapter under section 5008(a) of this
title.
(4) ``Commission'' means the North Pacific Anadromous Fish
Commission provided for by article VIII of the Convention.
(5) ``Convention'' means the Convention for the Conservation of
Anadromous Stocks of the North Pacific Ocean, signed in Moscow,
February 11, 1992.
(6) ``Convention area'' means the waters of the North Pacific
Ocean and its adjacent seas, north of 33 degrees North Latitude,\1\
beyond 200 nautical miles from the baselines from which the breadth
of the territorial sea is measured.
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\1\ So in original. Probably should not be capitalized.
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(7) ``Directed fishing'' means fishing targeted at a particular
species or stock of fish.
(8) ``Ecologically related species'' means living marine species
which are associated with anadromous stocks found in the Convention
area, including, but not restricted to, both predators and prey of
anadromous fish.
(9) ``Enforcement officer'' means a law enforcement official
authorized by any Party to enforce this chapter.
(10) ``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.
(11) ``Fish'' means finfish, mollusks, crustaceans, and all
other forms of marine animal and plant life other than marine
mammals and birds.
(12) ``Fishing'' means--
(A) the catching, taking, or harvesting of fish, or any
other activity that can reasonably be expected to result in the
catching, taking, or harvesting of fish; or
(B) any operation at sea in preparation for or in direct
support of any activity described in subparagraph (A).
(13) ``Fishing vessel'' means--
(A) any vessel engaged in catching fish within the
Convention area or in processing or transporting fish loaded in
the Convention area;
(B) any vessel outfitted to engage in any activity described
in subparagraph (A);
(C) any vessel supporting a vessel described in subparagraph
(A) or (B).
(14) ``Incidental taking'' means catching, taking, or harvesting
a species or stock of fish while conducting directed fishing for
another species or stock of fish.
(15) ``Party'' means Canada, Japan, the Russian Federation, the
United States, and any other nation that may accede to the
Convention.
(16) ``Secretary'' means the Secretary of State.
(17) ``United States Section'' means the United States
Commissioners of the Commission.
(Pub. L. 102-567, title VIII, Sec. 803, Oct. 29, 1992, 106 Stat. 4309;
Pub. L. 102-587, title VIII, Sec. 8003, Nov. 4, 1992, 106 Stat. 5098;
Pub. L. 104-43, title IV, Sec. 404(b), Nov. 3, 1995, 109 Stat. 391; Pub.
L. 106-562, title III, Sec. 304(a), Dec. 23, 2000, 114 Stat. 2806.)
References in Text
Proclamation Numbered 5030, dated March 10, 1983, referred to in
par. (10), is set out as a note under section 1453 of this title.
Codification
Title VIII of Pub. L. 102-567 and Pub. L. 102-587 enacted
substantially identical sections. Title VIII of Pub. L. 102-587 was
repealed by Pub. L. 106-562.
Amendments
1995--Par. (13)(C). Pub. L. 104-43 amended subpar. (C) generally.
Prior to amendment, subpar. (C) read as follows: ``any vessel described
in subparagraph (A) or (B).''
