Sec. 2. Definitions
870 words·~4 min read·
/bill/113/s/2484/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term Advisory Committee means the advisory committee established under section 3. The term Commission means the South Pacific Fisheries Commission established pursuant to the South Pacific Fisheries Convention. The term Commissioner means a U.S. Commissioner appointed under section 3. The term Convention Area means— the waters of the Pacific Ocean beyond areas of national jurisdiction and in accordance with international law jurisdiction, bounded by the 10° parallel of north latitude and the 20° parallel of south latitude and by the 135° meridian of east longitude and the 150° meridian of west longitude; and the waters of the Pacific Ocean beyond areas of national jurisdiction and in accordance with international law jurisdiction— east of a line extending south along the 120° meridian of east longitude from the outer limit of the national jurisdiction of Australia off the south coast of Western Australia to the intersection with the 55° parallel of south latitude; then due east along the 55° parallel of south latitude to the intersection with the 150° meridian of east longitude; then due south along the 150° meridian of east longitude to the intersection with the 60° parallel of south latitude; north of a line extending east along the 60° parallel of south latitude from the 150° meridian of east longitude to the intersection with the 67° 16' meridian of west longitude; west of a line extending north along the 67° 16' meridian of west longitude from the 60° parallel of south latitude to its intersection with the outer limit of the national jurisdiction of Chile; then along the outer limits of the national jurisdictions of Chile, Peru, Ecuador and Colombia to the intersection with the 2° parallel of north latitude; and south of a line extending west along the 2° parallel of north latitude (but not including the national jurisdiction of Ecuador (Galapagos Islands)) to the intersection with the 150° meridian of west longitude; then due north along the 150° meridian of west longitude to its intersection with 10° parallel of north latitude; then west along the 10° parallel of north latitude to its intersection with the outer limits of the national jurisdiction of the Marshall Islands; and then generally south and around the outer limits of the national jurisdictions of Pacific States and territories, New Zealand and Australia until it connects to the commencement of the line described in clause (i).
The term Council means the Western Pacific Regional Fishery Management Council. The term exclusive economic zone means the zone established by Presidential Proclamation Numbered 5030 of March 10, 1983. The term fishery resources means all fish within the Convention Area. The term fishery resources includes mollusks, crustaceans, and other living marine resources as may be decided by the Commission. The term fishery resources does not include— sedentary species in so far as they are subject to the national jurisdiction of coastal States pursuant to Article 77 paragraph 4 of the 1982 Convention; highly migratory species listed in Annex I of the 1982 Convention; anadromous species; catadromous species; marine mammals; marine reptiles; or sea birds.
The term fishing means— the actual or attempted searching for, catching, taking, or harvesting of fishery resources; engaging in any activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fishery resources for any purpose; transshipment and any operation at sea in direct support of, or in preparation for, any activity described in this subparagraph; and the use of any vessel, vehicle, aircraft, or hovercraft, in relation to any activity described in clauses
(i)through (iii). The term fishing does not include any operation related to an emergency involving the health or safety of a crew member or the safety of a fishing vessel. The term fishing vessel means any vessel used or intended for use for the purpose of fishing, including a support ship, a carrier vessel, or any other vessel directly involved in such fishing operations. The term Panel means the Western Pacific Regional Fishery Management Council’s Advisory Panel. 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, tribal, or foreign government or any entity of such government. The term Secretary means the Secretary of Commerce. The term South Pacific Fisheries Convention means the Convention on the Conservation and Management of the High Seas Fishery Resources in the South Pacific Ocean (including any annexes, amendments, or protocols that are in force, or have come into force, for the United States), which was adopted at Auckland on November 14, 2009. The term State means each of the several States of the United States, the District of Columbia, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States. The term transshipment means the unloading of all or any of the fishery resources or fishery resource products derived from fishing in the Convention Area on board a fishing vessel to another fishing vessel either at sea or in port. The term 1982 Convention means the United Nations Convention on the Law of the Sea of 10 December 1982.