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16 U.S.C. § 773 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter the term:
**(a)** “Convention” means the Convention between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, signed at Ottawa, Canada on March 2, 1953, as amended by the Protocol Amending the Convention, signed at Washington March 29, 1979, and includes the regulations promulgated thereunder.
**(b)** “Commission” means the International Pacific Halibut Commission provided for by article III of the Convention.
**(c)** “Fishery conservation zone” means the fishery conservation zone of the United States established by section 1811 11 See References in Text note below. of this title.
**(d)** “Convention waters” means the maritime areas off the west coast of the United States and Canada described in article I of the Convention.
**(e)** “Halibut” means fish of the species Hippoglossus stenolepis inhabiting Convention waters.
**(f)** “Fishing vessel” means—
(1) any vessel engaged in catching fish in Convention waters or in processing or transporting fish loaded in Convention waters;
(2) any vessel outfitted to engage in any activity described in paragraph (1); or
(3) any vessel in normal support of any vessel described in paragraph (1) or (2).
**(g)** “Secretary” means the Secretary of Commerce.
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Source location: Title 16, Chapter 10, § 773; chapter-010-northern-pacific-halibut-fishing.md
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As used in this subchapter the term:
**(a)** “Convention” means the Convention between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, signed at Ottawa, Canada on March 2, 1953, as amended by the Protocol Amending the Convention, signed at Washington March 29, 1979, and includes the regulations promulgated thereunder.
**(b)** “Commission” means the International Pacific Halibut Commission provided for by article III of the Convention.
**(c)** “Fishery conservation zone” means the fishery conservation zone of the United States established by section 1811 11 See References in Text note below. of this title.
**(d)** “Convention waters” means the maritime areas off the west coast of the United States and Canada described in article I of the Convention.
**(e)** “Halibut” means fish of the species Hippoglossus stenolepis inhabiting Convention waters.
**(f)** “Fishing vessel” means—
(1) any vessel engaged in catching fish in Convention waters or in processing or transporting fish loaded in Convention waters;
(2) any vessel outfitted to engage in any activity described in paragraph (1); or
(3) any vessel in normal support of any vessel described in paragraph (1) or (2).
**(g)** “Secretary” means the Secretary of Commerce.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Negotiations** The Secretary of State—
(1) shall renegotiate treaties as provided for in subsection (b);
(2) shall negotiate governing international fishery agreements described in [section 1821(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1821/c&num=0&edition=prelim);
(3) may negotiate boundary agreements as provided for in subsection (d);
(4) shall, upon the request of and in cooperation with the Secretary, initiate and conduct negotiations for the purpose of entering into international fishery agreements—
(A) which allow fishing vessels of the United States equitable access to fish over which foreign nations assert exclusive fishery management authority, and
(B) which provide for the conservation and management of anadromous species and highly migratory species; and
(5) may enter into such other negotiations, not prohibited by subsection (c), as may be necessary and appropriate to further the purposes, policy, and provisions of this chapter.
**(b) Treaty renegotiation** The Secretary of State, in cooperation with the Secretary, shall initiate, promptly after April 13, 1976, the renegotiation of any treaty which pertains to fishing within the exclusive economic zone (or within the area that will constitute such zone after February 28, 1977), or for anadromous species or Continental Shelf fishery resources beyond such zone or area, and which is in any manner inconsistent with the purposes, policy, or provisions of this chapter, in order to conform such treaty to such purposes, policy, and provisions. It is the sense of Congress that the United States shall withdraw from any such treaty, in accordance with its provisions, if such treaty is not so renegotiated within a reasonable period of time after Apri
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1822
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In the exclusive economic zone** Except as provided in [section 1812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1812&num=0&edition=prelim), the United States claims, and will exercise in the manner provided for in this chapter, sovereign rights and exclusive fishery management authority over all fish, and all Continental Shelf fishery resources, within the exclusive economic zone.
**(b) Beyond the exclusive economic zone** The United States claims, and will exercise in the manner provided for in this chapter, exclusive fishery management authority over the following:
(1) All anadromous species throughout the migratory range of each such species beyond the exclusive economic zone; except that that management authority does not extend to any such species during the time they are found within any waters of a foreign nation.
(2) All Continental Shelf fishery resources beyond the exclusive economic zone.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter—
(1) The term “coastal zone” means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international boundary between the United States and Canada and, in other areas, seaward to the outer limit of State title and ownership under the Submerged Lands Act ([43 U.S.C. 1301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim) et seq.), the Act of March 2, 1917 ([48 U.S.C. 749](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section749&num=0&edition=prelim)) [[48 U.S.C. 731](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section731&num=0&edition=prelim) et seq.], the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as approved by the Act of March 24, 1976 [[48 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1801&num=0&edition=prelim) et seq.], or section 1 of the Act of November 20, 1963 ([48 U.S.C. 1705](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1705&num=0&edition=prelim)), as applicable. The zone extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and to control those geographical areas which are likely to be affected by or vulnerable to sea level rise. Excluded from the
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1453
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** “Commission” means the North Pacific Fur Seal Commission established pursuant to article V of the Convention.
**(b)** “Convention” means the Interim Convention on the Conservation of North Pacific Fur Seals signed at Washington on February 9, 1957, as amended by the protocol signed in Washington on October 8, 1963; by the exchange of notes among the party governments which became effective on September 3, 1969; by the protocol signed in Washington on May 7, 1976; and by the protocol signed in Washington on October 14, 1980, by the parties.
**(c)** “Cure” or “curing” means the performance of those post-harvest activities traditionally performed on the Pribilof Islands, including cooling, washing, removal of blubber, soaking in brine, draining, treating with salt or boric acid, and packing in containers for shipment of fur seal skins.
**(d)** “Fur Seal” means the North Pacific Fur Seal, Callorhinus Ursinus.
**(e)** “Import” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.
**(f)** “Natives of the Pribilof Islands” means any Aleuts who are permanent residents of the Pribilof Islands, or any organization or entity representing such natives.
**(g)** “North Pacific Ocean” means the waters of the Pacific Ocean north of the thirtieth parallel of north latitude, including the Bering, Okhotsk, and Japan Seas.
**(h)** “Party” or “parties” means the United States of America, Canada, Japan, and Russia (except that as used in subsection (b) of this section, “party” and “parties” refer to the Union of Soviet Socialist
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1151
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “depletion” or “depleted” means any case in which—
(A) the Secretary, after consultation with the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III of this chapter, determines that a species or population stock is below its optimum sustainable population;
(B) a State, to which authority for the conservation and management of a species or population stock is transferred under [section 1379 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1379&num=0&edition=prelim), determines that such species or stock is below its optimum sustainable population; or
(C) a species or population stock is listed as an endangered species or a threatened species under the Endangered Species Act of 1973 [[16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.].
(2) The terms “conservation” and “management” mean the collection and application of biological information for the purposes of increasing and maintaining the number of animals within species and populations of marine mammals at their optimum sustainable population. Such terms include the entire scope of activities that constitute a modern scientific resource program, including, but not limited to, research, census, law enforcement, and habitat acquisition and improvement. Also included within these terms, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking.
(3) The term “district court of the United States” includes the District Court of Guam, District Court of the Virgin Islands, District Court of Puerto Rico, District Court of the Ca
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1362
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.
(2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels.
(3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen.
(4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effectiv
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, unless the context otherwise requires—
(1) The term “anadromous species” means species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters.
(2) The term “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. Such term does not include fish released alive under a recreational catch and release fishery management program.
(3) The term “charter fishing” means fishing from a vessel carrying a passenger for hire (as defined in [section 2101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim)) who is engaged in recreational fishing.
(4) The term “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.
(5) The term “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; and (B) which are designed to assure that—
(i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis;
(ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and
(iii) there will be a multiplicity of options available with respect to future uses of these resources.
(6) The term “Continental Shelf” means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territor
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1802
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** After February 28, 1977, no foreign fishing is authorized within the exclusive economic zone, or for anadromous species or Continental Shelf fishery resources beyond the exclusive economic zone, unless such foreign fishing—
(1) is authorized under subsections (b) or (c) or [section 1824(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1824/e&num=0&edition=prelim), or under a permit issued under [section 1824(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1824/d&num=0&edition=prelim);
(2) is not prohibited under subsection (f); and
(3) is conducted under, and in accordance with, a valid and applicable permit issued pursuant to [section 1824 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1824&num=0&edition=prelim).
**(b) Existing international fishery agreements** Foreign fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (subject to the provisions of section 1822(b) or (c) of this title), if such agreement—
(1) was in effect on April 13, 1976; and
(2) has not expired, been renegotiated, or otherwise ceased to be of force and effect with respect to the United States.
**(c) Governing international fishery agreements** Foreign fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (other than a treaty) which meets the requirements of this subsection if such agreement becomes effective after application of [section 1823 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1823&num=0&edition=prelim). Any such international fishery agreement shall hereafter in this chapter be referred to
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1821
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** After February 28, 1977, no foreign fishing vessel shall engage in fishing within the exclusive economic zone, or for anadromous species or Continental Shelf fishery resources beyond such zone, unless such vessel has on board a valid permit issued under this section for such vessel.
**(b) Applications and permits under governing international fishery agreements**
(1) **Eligibility; duration** — Each foreign nation with which the United States has entered into a governing international fishery agreement shall submit an application to the Secretary of State each year for a permit for each of its fishing vessels that wishes to engage in fishing described in subsection (a). No permit issued under this section may be valid for longer than a year; and [section 558(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section558/c&num=0&edition=prelim) does not apply to the renewal of any such permit.
(2) **Forms** — The Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall prescribe the forms for permit applications submitted under this subsection and for permits issued pursuant to any such application.
(3) **Contents** — Any application made under this subsection shall specify—
(A) the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner thereof;
(B) the tonnage, hold capacity, speed, processing equipment, type and quantity of fishing gear, and such other pertinent information with respect to characteristics of each such vessel as the Secretary may require;
(C) each fishery in which each such vessel wishes to fish;
(D) the estimated amo
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1824
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Required provisions** Any fishery management plan which is prepared by any Council, or by the Secretary, with respect to any fishery, shall—
(1) contain the conservation and management measures, applicable to foreign fishing and fishing by vessels of the United States, which are—
(A) necessary and appropriate for the conservation and management of the fishery, to prevent overfishing and rebuild overfished stocks, and to protect, restore, and promote the long-term health and stability of the fishery;
(B) described in this subsection or subsection (b), or both; and
(C) consistent with the national standards, the other provisions of this chapter, regulations implementing recommendations by international organizations in which the United States participates (including but not limited to closed areas, quotas, and size limits), and any other applicable law;
(2) contain a description of the fishery, including, but not limited to, the number of vessels involved, the type and quantity of fishing gear used, the species of fish involved and their location, the cost likely to be incurred in management, actual and potential revenues from the fishery, any recreational interests in the fishery, and the nature and extent of foreign fishing and Indian treaty fishing rights, if any;
(3) assess and specify the present and probable future condition of, and the maximum sustainable yield and optimum yield from, the fishery, and include a summary of the information utilized in making such specification;
(4) assess and specify—
(A) the capacity and the extent to which fishing vessels of the United States, on an annual basis, will harvest the optimum yield specified under paragraph (3),
(B) the portion of such optimum yield which, on an annual basis, will not be harvest
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1853
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