§ 5152. Definitions

1,004 words·~5 min read·/usc/title-16/section-5152

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As used in this chapter—

(1)the term “Magnuson Act” means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(2)The term “Atlantic striped bass” means members of stocks or populations of the species Morone saxatilis, which ordinarily migrate seaward of the waters described in paragraph (3)(A)(i).

(3)The term “coastal waters” means—

(A)for each coastal State referred to in paragraph (4)(A)—

(i)all waters, whether salt or fresh, of the coastal State shoreward of the baseline from which the territorial sea of the United States is measured; and

(ii)the waters of the coastal State seaward from the baseline referred to in clause

(i)to the inner boundary of the exclusive economic zone;

(B)for the District of Columbia, those waters within its jurisdiction; and

(C)for the Potomac River Fisheries Commission, those waters of the Potomac River within the boundaries established by the Potomac River Compact of 1958.

(4)The term “coastal State” means—

(A)Pennsylvania and each State of the United States bordering on the Atlantic Ocean north of the State of South Carolina;

(B)the District of Columbia; and

(C)the Potomac River Fisheries Commission established by the Potomac River Compact of 1958.

(5)The term “Commission” means the Atlantic States Marine Fisheries Commission established under the interstate compact consented to and approved by the Congress in Public Laws 77–539 and 81–721.

(6)The term “exclusive economic zone” has the meaning given such term in section 3(6) 1 of the Magnuson Act (16 U.S.C. 1802(6)).

(7)The term “fishing” means—

(A)the catching, taking, or harvesting of Atlantic striped bass, except when incidental to harvesting that occurs in the course of commercial or recreational fish catching activities directed at a species other than Atlantic striped bass;

(B)the attempted catching, taking, or harvesting of Atlantic striped bass; and

(C)any operation at sea in support of, or in preparation for, any activity described in subparagraph

(A)or (B).

The term does not include any scientific research authorized by the Federal Government or by any State government.

(8)The term “moratorium area” means the coastal waters with respect to which a declaration under section 5154(a) of this title applies.

(9)The term “moratorium period” means the period beginning on the day on which moratorium is declared under section 5154(a) of this title regarding a coastal State and ending on the day on which the Commission notifies the Secretaries that that State has taken appropriate remedial action with respect to those matters that were the case of the moratorium being declared.

(10)The term “Plan” means a plan for managing Atlantic striped bass, or an amendment to such plan, that is prepared and adopted by the Commission.

(11)The term “Secretary” means the Secretary of Commerce or a designee of the Secretary of Commerce.

(12)The term “Secretaries” means the Secretary of Commerce and the Secretary of the Interior or their designees.

(Pub. L. 98–613, § 3, Oct. 31, 1984, 98 Stat. 3187; Pub. L. 99–432, § 1, Oct. 1, 1986, 100 Stat. 989; Pub. L. 100–589, § 6(g)(1), Nov. 3, 1988, 102 Stat. 2987; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat. 2673.)

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