- Act of 1976
means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
- affected individual
means an individual who—
- allowable cause
means a natural cause, discrete anthropogenic cause, or undetermined cause, including a cause that occurred not more than 5 years prior to the date of a request for a fishery resource disaster determination that affected such applicable fishery.
- anadromous species
means species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters.
- anthropogenic cause
means an anthropogenic event, such as an oil spill or spillway opening—
- antitrust laws
has the meaning given such term in subsection (a) of section 12 of title 15, except that such term includes section 45 of title 15 to the extent that such section 45 applies to unfair methods of competition.
- billfish
means any species of marlin, spearfish, sailfish or swordfish.
- bycatch
means fish which are harvested in a fishery, but which are not sold or kept for personal use, and includes economic discards and regulatory discards.
- certification
means a certification made by the Secretary that nationals of a foreign country, directly or indirectly, are conducting fishing operations or engaging in trade or taking which diminishes the effectiveness of the International Convention for the Regulation of Whaling.
- charter fishing
means fishing from a vessel carrying a passenger for hire (as defined in section 2101 of title 46) who is engaged in recreational fishing.
- commercial fishing
means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter or trade.
- community development plan
means a plan, prepared by an entity referred to in subparagraph (D), for the program that describes how the entity intends— but does not include a plan that allocates fishery resources to the program.
- conservation and management
refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment;
- Continental Shelf
means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territorial sea, of the United States, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of such areas.
- Continental Shelf fishery resources
means the following:
- Council
means any Regional Fishery Management Council established under section 1852 of this title.
- descending device
means an instrument that—
- designated official
means a person with expertise in Federal conflict-of-interest requirements who is designated by the Secretary, in consultation with the Council, to attend Council meetings and make determinations under paragraph (7)(B).
- economic discards
means fish which are the target of a fishery, but which are not retained because they are of an undesirable size, sex, or quality, or for other economic reasons.
- essential fish habitat
means those waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity.
- exclusive economic zone
means the zone established by Proclamation Numbered 5030, dated March 10, 1983.
- fish
means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds.
- fish and fish products
means any aquatic species (including marine mammals and plants) and all products thereof exported from a nation, whether or not taken by fishing vessels of that nation or packed, processed, or otherwise prepared for export in that nation or within the jurisdiction thereof.
- fish processing
includes, in addition to processing, the performance of any other activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, or transportation.
- fish products
means any article which is produced from or composed of (in whole or in part) any fish.
- fishery
means—
- fishery agreement resolution
refers to a joint resolution of either House of Congress—
- fishery resource
means any fishery, any stock of fish, any species of fish, and any habitat of fish.
- fishery resource disaster
means a disaster that is determined by the Secretary in accordance with this subsection and—
- fishing
means— Such term does not include any scientific research activity which is conducted by a scientific research vessel.
- fishing community
means a community which is substantially dependent on or substantially engaged in the harvest or processing of fishery resources to meet social and economic needs, and includes fishing vessel owners, operators, and crew and United States fish processors that are based in such community.
- fishing vessel
means any vessel, boat, ship, or other craft which is used for, equipped to be used for, or of a type which is normally used for—
- foreign fishing
means fishing by a vessel other than a vessel of the United States.
- Gulf reef fish
means any fish chosen by the Gulf of Mexico Fishery Management Council that is in the reef Fishery Management Plan for the purposes of this chapter.
- high seas
means all waters beyond the territorial sea of the United States and beyond any foreign nation’s territorial sea, to the extent that such sea is recognized by the United States.
- highly migratory species
means tuna species, marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks, sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius).
- illegal, unreported, or unregulated fishing
has the meaning established under paragraph (2).
- immediately
means on or before the 5th day after the day on which a Council transmits to the Secretary a fishery management plan, plan amendment, or proposed regulation that the Council characterizes as final.
- Indian Tribe
has the meaning given such term in section 5130 of title 25, and the term “Tribal” means of or pertaining to such an Indian tribe.
- individual fishing quota
means a Federal permit under a limited access system to harvest a quantity of fish, expressed by a unit or units representing a percentage of the total allowable catch of a fishery that may be received or held for exclusive use by a person.
- internal waters of a State
means all waters within the boundaries of a State except those seaward of the baseline from which the territorial sea is measured.
- international fishery agreement
means any bilateral or multilateral treaty, convention, or agreement which relates to fishing and to which the United States is a party.
- large-scale driftnet fishing
means a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two and one-half kilometers or more, or with a mesh size of 14 inches or greater, is placed in the water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing.
- large-scale driftnet fishing vessel
means any vessel which is—
- limited access system
means a system that limits participation in a fishery to those satisfying certain eligibility criteria or requirements contained in a fishery management plan or associated regulation.
- living marine resources
includes fish, marine mammals, sea turtles, and seabirds and other waterfowl.
- Marine Fisheries Commission
means the Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, or the Pacific States Marine Fisheries Commission.
- migratory range
means the maximum area at a given time of the year within which fish of an anadromous species or stock thereof can be expected to be found, as determined on the basis of scale pattern analysis, tagging studies, or other reliable scientific information, except that the term does not include any part of such area which is in the waters of a foreign nation.
- national standards
means the national standards for fishery conservation and management set forth in section 1851 of this title.
- observer
means any person required or authorized to be carried on a vessel for conservation and management purposes by regulations or permits under this chapter.
- observer information
means any information collected, observed, retrieved, or created by an observer or electronic monitoring system pursuant to authorization by the Secretary, or collected as part of a cooperative research initiative, including fish harvest or processing observations, fish sampling or weighing data, vessel logbook data, vessel or processor-specific information (including any safety, location, or operating condition observations), and video, audio, photographic, or written documents.
- Pacific Insular Area
means American Samoa, Guam, the Northern Mariana Islands, Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Wake Island, or Palmyra Atoll, as applicable, and includes all islands and reefs appurtenant to such island, reef, or atoll.
- 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.
- processing waste
means that portion of any fish which is processed and which could be used for human consumption or other commercial use, but which is not so used.
- provisions of this chapter
includes (A) any regulation or permit issued pursuant to this chapter, and (B) any provision of, or regulation issued pursuant to, any international fishery agreement under which foreign fishing is authorized by section 1821(b) or (c) of this title, or section 1824(d) of this title, with respect to fishing subject to the exclusive fishery management authority of the United States.
- recreational fishing
means fishing for sport or pleasure.
- regional fishery association
means an association formed for the mutual benefit of members—
- regulatory discards
means fish harvested in a fishery which fishermen are required by regulation to discard whenever caught, or are required by regulation to retain but not sell.
- remedial period
means the 365-day period beginning on the date on which a certification is issued with respect to a foreign country.
- Secretary
means the Secretary of Commerce or his designee.
- special areas
means 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 June 1, 1990.
- State
means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States.
- stock of fish
means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit.
- treaty
means any international fishery agreement which is a treaty within the meaning of section 2 of article II of the Constitution.
- Tribal
means of or pertaining to such an Indian tribe.
- tuna species
means the following: Albacore Tuna—Thunnus alalunga;
- underutilized species of the northwest Atlantic Ocean
means any fish species of the northwest Atlantic Ocean that is identified, by the Director of the Northeast Fisheries Center of the National Marine Fisheries Service, as an underutilized species.
- undetermined cause
means a cause in which the current state of knowledge does not allow the Secretary to identify the exact cause, and there is no current conclusive evidence supporting a possible cause of the fishery resource disaster.
- United States fish processors
means facilities located within the United States for, and vessels of the United States used or equipped for, the processing of fish for commercial use or consumption.
- United States harvested fish
means fish caught, taken, or harvested by vessels of the United States within any fishery regulated under this chapter.
- venting tool
has the meaning given to it by the Gulf of Mexico Fishery Management Council.
- vessel of the United States
means—
- vessel subject to the jurisdiction of the United States
has the same meaning such term has in section 70502(c) of title 46.
- violation of any provision of this chapter
includes (A) the commission of any act prohibited by section 1857 of this title, and (B) the violation of any regulation, permit, or agreement referred to in paragraph (1).
- waters of a foreign nation
means any part of the territorial sea or exclusive economic zone (or the equivalent) of a foreign nation, to the extent such territorial sea or exclusive economic zone is recognized by the United States.
- Western Pacific Regional Fishery Management Area
means the area under the jurisdiction of the Western Pacific Council, or an island within such area.