16 U.S.C. § 5502 : US Code - Section 5502: Definitions

Search 16 U.S.C. § 5502 : US Code - Section 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.