Sec. 2. Definitions
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In this Act: The term Advisory Committee means the Advisory Committee established by Article IX of the Agreement. Each of the terms Agreement on the Conservation of Albatrosses and Petrels and Agreement means the Agreement on the Conservation of Albatrosses and Petrels, done at Cape Town, South Africa, on February 2, 2001. The terms covered albatrosses and petrels and covered albatross or petrel mean any species, subspecies, population, or individual within the taxonomic order Procellariiformes that is listed under Annex I of the Agreement, whether dead or alive, including any part, egg, derivative nest, or product of such a species, subspecies, population, or individual.
The term Antarctica means the area south of 60 degrees south latitude. The term breeding site means— a location in the wild at which any covered albatross or petrel eggs, tended by the parent birds, have successfully hatched at any time in the previous 5 years; or a location where reestablishment of breeding covered albatrosses and petrels is underway. The term conservation measure means any action taken for the purpose of achieving or maintaining the favorable conservation status of covered albatrosses and petrels.
Each of the terms disturb and disturbance means any act that interferes with the natural behavioral patterns of covered albatrosses and petrels, including migration, brooding, nesting, breeding, feeding, or sheltering, to a point at which such behavioral patterns are abandoned or significantly altered. The term favorable conservation status has the meaning given the term in Article I of the Agreement. The term habitat means any area within the range, that contains suitable living conditions for covered albatrosses and petrels, including appropriate nesting and foraging areas.
The term Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq.). The term Party means any country (including the United States) or regional economic integration organization that has ratified or acceded to the Agreement. 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 existing under the laws of any State); and any Federal, State, local, or foreign government or any entity of such a government.
The term range means— all land or water that any covered albatrosses and petrels inhabit, stay in temporarily, cross, or over-fly, at any time during migration, breeding, feeding, or aggregating; and any other areas that the Secretary or the Secretary of Commerce determines have been used for any of those purposes. The term range state means any country— that exercises jurisdiction over any part of a range; or the flagged vessels of which are engaged outside of the jurisdictional limits of the country in take, or in an activity that has the potential to take.
The term Regional Fishery Management Council means any Regional Fishery Management Council established by section 302(a)(1) of the Magnuson-Stevens Act ( 16 U.S.C. 1852(a)(1) ). The term Secretariat means the Secretariat established by the Parties to the Agreement pursuant to paragraph 11 of Article VIII. The term Secretary means the Secretary of the Interior. The term take means to harmfully interfere with, harass, pursue, hunt, shoot, wound, kill, trap, capture, destroy, possess, or collect.
The term United States means— each of the several States; the District of Columbia; the Commonwealth of Puerto Rico; the United States Virgin Islands; American Samoa; Guam; the Commonwealth of the Northern Mariana Islands; and any other commonwealth, territory, or possession of the United States. The term waters subject to the jurisdiction of the United States means— the waters of the United States territorial sea under Presidential Proclamation 5928, dated December 27, 1988 ( 43 U.S.C. 1331 note); the exclusive economic zone (as defined in section 107 of title 46, United States Code); and the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed at Washington, June 1, 1990 (T.
Doc. 101–22), including those areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured.
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