§ 5502. — 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: 16USC5502]
TITLE 16--CONSERVATION
CHAPTER 75--HIGH SEAS FISHING COMPLIANCE
Sec. 5502. Definitions
As used in this chapter--
(1) The term ``Agreement'' means the Agreement to Promote
Compliance with International Conservation and Management Measures
by Fishing Vessels on the High Seas, adopted by the Conference of
the Food and Agriculture Organization of the United Nations on
November 24, 1993.
(2) The term ``FAO'' means the Food and Agriculture Organization
of the United Nations.
(3) The term ``high seas'' means the waters beyond the
territorial sea or exclusive economic zone (or the equivalent) of
any nation, to the extent that such territorial sea or exclusive
economic zone (or the equivalent) is recognized by the United
States.
(4) The term ``high seas fishing vessel'' means any vessel of
the United States or subject to the jurisdiction of the United
States used or intended for use--
(A) on the high seas;
(B) for the purpose of the commercial exploitation of living
marine resources; and
(C) as a harvesting vessel, as a mother ship, or as any
other support vessel directly engaged in a fishing operation.
(5) The term ``international conservation and management
measures'' means measures to conserve or manage one or more species
of living marine resources that are adopted and applied in
accordance with the relevant rules of international law, as
reflected in the 1982 United Nations Convention on the Law of the
Sea, and that are recognized by the United States. Such measures may
be adopted by global, regional, or sub-regional fisheries
organizations, subject to the rights and obligations of their
members, or by treaties or other international agreements.
(6) The term ``length'' means--
(A) for any high seas fishing vessel built after July 18,
1982, 96 percent of the total length on a waterline at 85
percent of the least molded depth measured from the top of the
keel, or the length from the foreside of the stem to the axis of
the rudder stock on that waterline, if that is greater, except
that in ships designed with a rake of keel the waterline on
which this length is measured shall be parallel to the designed
waterline; and
(B) for any high seas fishing vessel built before July 18,
1982, registered length as entered on the vessel's
documentation.
(7) 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.
(8) The term ``Secretary'' means the Secretary of Commerce.
(9) The term ``vessel of the United States'' means--
(A) a vessel documented under chapter 121 of title 46 or
numbered in accordance with chapter 123 of title 46;
(B) a vessel owned in whole or part by--
(i) the United States or a territory, commonwealth, or
possession of the United States;
(ii) a State or political subdivision thereof;
(iii) a citizen or national of the United States; or
(iv) a corporation created under the laws of the United
States or any State, the District of Columbia, or any
territory, commonwealth, or possession of the United States;
unless the vessel has been granted the nationality of a
foreign nation in accordance with article 92 of the 1982
United Nations Convention on the Law of the Sea and a claim
of nationality or registry for the vessel is made by the
master or individual in charge at the time of the
enforcement action by an officer or employee of the United
States authorized to enforce applicable provisions of the
United States law; and
(C) a vessel that was once documented under the laws of the
United States and, in violation of the laws of the United
States, was either sold to a person not a citizen of the United
States or placed under foreign registry or a foreign flag,
whether or not the vessel has been granted the nationality of a
foreign nation.
(10) The terms ``vessel subject to the jurisdiction of the
United States'' and ``vessel without nationality'' have the same
meaning as in section 1903(c) of title 46, Appendix.
(Pub. L. 104-43, title I, Sec. 103, Nov. 3, 1995, 109 Stat. 367; Pub. L.
106-562, title III, Sec. 305, Dec. 23, 2000, 114 Stat. 2807.)
References in Text
This chapter, referred to in text, was in the original ``this Act'',
and was translated as reading ``this title'', meaning title I of Pub. L.
104-43, to reflect the probable intent of Congress.
Amendments
2000--Par. (4). Pub. L. 106-562 inserted ``or subject to the
jurisdiction of the United States'' after ``United States'' in
introductory provisions.
