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Code · BILL · 115th Congress · S. 3400 (Introduced in Senate) — To address the threat to national security from illegal, unreported, and unregulated fishing and associated illegal a... · Sec. 2

Sec. 2. Definitions

999 words·~5 min read·/bill/115/s/3400/is/section-2

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In this Act: The term AIS means Automatic Identification System, as defined in section 164.46 of title 33, Code of Federal Regulations, or a similar successor regulation. The term common enterprise solution means any system of software, hardware, or both that is used to manage and share technology, information, or capabilities throughout an organization or among a group of organizations. Unless otherwise specified by the President as being in the public interest in a writing published in the Federal Register, the term exclusive economic zone means— the area within a zone established by a maritime boundary that has been established by a treaty in force or a treaty that is being provisionally applied by the United States; or in the absence of a treaty described in clause (i)— a zone, the outer boundary of which is 200 nautical miles from the baseline from which the breadth of the territorial sea is measured; or if the distance between the United States and another country is less than 400 nautical miles, a zone, the outer boundary of which is represented by a line equidistant between the United States and the other country.
Without affecting any Presidential Proclamation with regard to the establishment of the United States territorial sea or exclusive economic zone, the inner boundary of the exclusive economic zone is— in the case of coastal States, a line coterminous with the seaward boundary of each such State, as described in section 4 of the Submerged Lands Act ( 43 U.S.C. 1312 ); in the case of the Commonwealth of Puerto Rico, a line that is 3 marine leagues from the coastline of the Commonwealth of Puerto Rico; in the case of American Samoa, the United States Virgin Islands, and Guam, a line that is 3 geographic miles from the coastlines of American Samoa, the United States Virgin Islands, or Guam, respectively; in the case of the Commonwealth of the Northern Mariana Islands— the coastline of the Commonwealth of the Northern Mariana Islands, until the Commonwealth of the Northern Mariana Islands is granted authority by the United States to regulate all fishing to a line seaward of its coastline; and upon the United States grant of the authority described in subclause (I), the line established by such grant of authority; or for any possession of the United States not referred to in clause (ii), (iii), or (iv), the coastline of such possession.
Nothing in this paragraph may be construed to diminish the authority of the Department of Defense, the Department of the Interior, or any other Federal department or agency. The term food security means access to, and availability, utilization, and stability of, sufficient food to meet caloric and nutritional needs for an active and healthy life. The term global record of fishing vessels, refrigerated transport vessels, and supply vessels means the Food and Agriculture Organization of the United Nations’ initiative to rapidly make available certified data from state authorities about vessels and vessel related activities.
The term IUU fishing — means illegal fishing, unreported fishing, or unregulated fishing (as such terms are defined in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001); and includes fishing activities conducted in contravention of applicable laws and regulations related to labor conditions. The term Port State Measures Agreement means the Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing set forth by the Food and Agriculture Organization of the United Nations, done at Rome, Italy November 22, 2009, and entered into force June 5, 2016, which offers standards for reporting and inspecting fishing activities of foreign-flagged fishing vessels at port.
The term priority flag state means a country selected in accordance with section 202(b)(3)— the flagged vessels of which actively engage in, knowingly profit from, or are complicit in IUU fishing; and that is willing, but lacks the capacity, to monitor or take effective enforcement action against its fleet. The term priority region means a region selected in accordance with section 202(b)(2)— that is at high risk for IUU fishing activity or the entry of illegally caught seafood into the markets of countries in the region; and in which countries lack the capacity to fully address the illegal activity described in subparagraph (A).
The term Regional Fisheries Management Organization means an intergovernmental fisheries organization or arrangement, as appropriate, that has the competence to establish conservation and management measures. The term seafood — means marine finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, including those grown, produced, or reared through marine aquaculture operations or techniques; and does not include marine mammals or birds. The term seafood fraud means the knowing mislabeling or misrepresentation of information regarding seafood or seafood products with the intent to deceive or defraud.
The terms Seafood Import Monitoring Program and SIMP mean the seafood traceability program implemented by the National Oceanic and Atmospheric Administration that requires, with respect to fish species and fish products imported into the United States— permitting, data reporting, and recordkeeping to prevent illegal, unreported, unregulated, or misrepresented seafood from entering United States commerce; and verifying the chain of custody of such seafood, from harvest to point of entry into the United States.
The term transnational organized illegal activity means criminal activity conducted by self-perpetuating associations of individuals who operate transnationally for the purpose of obtaining power, influence, or monetary or commercial gains, wholly or in part by illegal means, while protecting their activities through a pattern of corruption or violence or through a transnational organizational structure and the exploitation of transnational commerce or communication mechanisms.
The term transshipment refers to the use of refrigerated vessels that— collect catch from multiple fishing boats; carry the accumulated catches back to port; and deliver supplies to fishing boats, which allows fishing vessels to remain at sea for extended periods without coming into port.
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