§ 973. — 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: 16USC973]
TITLE 16--CONSERVATION
CHAPTER 16C--SOUTH PACIFIC TUNA FISHING
Sec. 973. Definitions
As used in this chapter--
(1) The term ``Administrator'' means the individual or
organization designated by the Pacific Island Parties to act on
their behalf under the Treaty and notified to the United States
Government.
(2) The term ``Authorized Officer'' means any officer who is
authorized by the Secretary, or the Secretary of the department in
which the Coast Guard is operating, or the head of any Federal or
State agency which has entered into an enforcement agreement with
the Secretary under section 973h(a) of this title.
(3) The term ``Authorized Party Officer'' means any officer
authorized by a Pacific Island Party to enforce the provisions of
the Treaty.
(4) The term ``applicable national law'' means any provision of
law of a Pacific Island Party which is described in paragraph 1(a)
of Annex I of the Treaty.
(5) The term ``Closed Area'' means any of the closed areas
identified in Schedule 2 of Annex I of the Treaty.
(6) The term ``fishing'' means--
(A) searching for, catching, taking, or harvesting fish;
(B) attempting to search for, catch, take, or harvest fish;
(C) engaging in any other activity which can reasonably be
expected to result in the locating, catching, taking, or
harvesting of fish;
(D) placing, searching for, or recovering fish aggregating
devices or associated electronic equipment such as radio
beacons;
(E) any operations at sea directly in support of, or in
preparation for, any activity described in this paragraph; or
(F) aircraft use, relating to the activities described in
this paragraph except for flights in emergencies involving the
health or safety of crew members or the safety of a vessel.
(7) The term ``fishing vessel'' or ``vessel'' means any boat,
ship, or other craft which is used for, equipped to be used for, or
of a type normally used for commercial fishing, and which is
documented under the laws of the United States.
(8) The term ``Licensing Area'' means all waters in the Treaty
Area except for--
(A) those waters subject to the jurisdiction of the United
States in accordance with international law;
(B) those waters within Closed Areas; and
(C) those waters within Limited Areas closed to fishing.
(9) The term ``licensing period'' means the period of validity
of licenses issued in accordance with the Treaty.
(10) The term ``Limited Area'' means any area so identified in
Schedule 3 of Annex I of the Treaty.
(11) The term ``operator'' means any person who is in charge of,
directs or controls a vessel, including the owner, charterer, and
master.
(12) The term ``Pacific Island Party'' means a Pacific Island
nation which is a party to the Treaty.
(13) The term ``Party'' means a nation which is a party to the
Treaty.
(14) 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.
(15) The term ``Secretary'' means the Secretary of Commerce, or
the designee of the Secretary of Commerce.
(16) The term ``State'' means each of the several States, the
District of Columbia, the Commonwealths of Puerto Rico and the
Northern Mariana Islands, American Samoa, the Virgin Islands, Guam,
and any other Commonwealth, territory, or possession of the United
States.
(17) The term ``Treaty'' means the Treaty on Fisheries Between
the Governments of Certain Pacific Island States and the Government
of the United States of America, signed in Port Moresby, Papua New
Guinea, April 2, 1987, and its Annexes, Schedules, and implementing
agreements.
(18) The term ``Treaty Area'' means the area so described in
paragraph 1(k) of Article 1 of the Treaty.
(Pub. L. 100-330, Sec. 2, June 7, 1988, 102 Stat. 591.)
Effective Date
Section 21 of Pub. L. 100-330 provided that:
``(a) Except as provided in subsection (b) of this section, this Act
[enacting this chapter] shall be effective on the date on which the
Treaty enters into force for the United States. [The Treaty entered into
force for the United States June 15, 1988.]
``(b)(1) The authority to promulgate regulations pursuant to this
Act shall be effective on the date of enactment of this Act [June 7,
1988].
``(2) Any regulation promulgated pursuant to this Act shall not be
effective before the date on which the Treaty enters into force for the
United States.''
Short Title
Section 1 of Pub. L. 100-330 provided: ``That this Act [enacting
this chapter] may be cited as the `South Pacific Tuna Act of 1988'.''
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
