§ 5102. — 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: 16USC5102]
TITLE 16--CONSERVATION
CHAPTER 71--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
Sec. 5102. Definitions
In this chapter, the following definitions apply:
(1) The term ``coastal fishery management plan'' means a plan
for managing a coastal fishery resource, or an amendment to such
plan, prepared and adopted by the Commission, that--
(A) contains information regarding the status of the
resource and related fisheries; and
(B) specifies conservation and management actions to be
taken by the States.
(2) The term ``coastal fishery resource'' means any fishery, any
species of fish, or any stock of fish that moves among, or is
broadly distributed across, waters under the jurisdiction of two or
more States or waters under the jurisdiction of one or more States
and the exclusive economic zone.
(3) The term ``Commission'' means the Atlantic States Marine
Fisheries Commission established under the interstate compact
consented to and approved by the Congress in Public Laws 77-539 and
81-721.
(4) The term ``conservation'' means the restoring, rebuilding,
and maintaining of any coastal fishery resource and the marine
environment, in order to assure the availability of coastal fishery
resources on a long-term basis.
(5) The term ``Councils'' means Regional Fishery Management
Councils established under section 1852 of this title.
(6) The term ``exclusive economic zone'' means the exclusive
economic zone of the United States established by Proclamation
Number 5030, dated March 10, 1983. For the purposes of this chapter,
the inner boundary of that zone is a line coterminous with the
seaward boundary of each of the coastal States, and the outer
boundary of that zone is a line drawn in such a manner that each
point on it is 200 nautical miles from the baseline from which the
territorial sea is measured.
(7) The term ``fish'' means finfish, mollusks, crustaceans, and
all other forms of marine animal life other than marine mammals and
birds.
(8) The term ``fishery'' means--
(A) one or more stocks of fish that can be treated as a unit
for purposes of conservation and management and that are
identified on the basis of geographical, scientific, technical,
commercial, recreational, or economic characteristics; or
(B) any fishing for such stocks.
(9) 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 that can be reasonably 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 or the
catching, taking, or harvesting of fish in an aquaculture operation.
(10) The term ``implement and enforce'' means to enact and
implement laws or regulations as required to conform with the
provisions of a coastal fishery management plan and to assure
compliance with such laws or regulations by persons participating in
a fishery that is subject to such plan.
(11) 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.
(12) The term ``Secretary'' means the Secretary of Commerce.
(13) The term ``State'' means Maine, New Hampshire,
Massachusetts, Rhode Island, Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South
Carolina, Georgia, Florida, the District of Columbia, or the Potomac
River Fisheries Commission.
(Pub. L. 103-206, title VIII, Sec. 803, Dec. 20, 1993, 107 Stat. 2448;
Pub. L. 104-297, title IV, Sec. 404(a), Oct. 11, 1996, 110 Stat. 3619;
Pub. L. 106-555, title I, Sec. 122(b)(3), Dec. 21, 2000, 114 Stat.
2766.)
References in Text
Public Law 77-539, referred to in par. (3), is act May 4, 1942, ch.
283, 56 Stat. 267, which is not classified to the Code.
Public Law 81-721, referred to in par. (3), is act Aug. 19, 1950,
ch. 763, 64 Stat. 467, which is not classified to the Code.
Proclamation Number 5030, referred to in par. (6), is set out as a
note under section 1453 of this title.
Amendments
2000--Par. (5). Pub. L. 106-555 made technical amendment to
reference in original act which appears in text as reference to section
1852 of this title.
1996--Par. (1). Pub. L. 104-297 inserted ``and'' after semicolon in
subpar. (A), substituted ``States.'' for ``States; and'' in subpar. (B),
and struck out subpar. (C) which read as follows: ``recommends actions
to be taken by the Secretary in the exclusive economic zone to conserve
and manage the fishery.''
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.
