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16 U.S.C. § 971 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) The term “Convention” means the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, including any amendments or protocols which are or become effective for the United States.
(2) The term “Commission” means the International Commission for the Conservation of Atlantic Tunas provided for in article III of the Convention.
(3) The term “conservation recommendation” means any recommendation of the Commission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under [section 971c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971c/a&num=0&edition=prelim).
(4) The term “Council” means the Council established within the International Commission for the Conservation of Atlantic Tunas pursuant to article V of the Convention.
(5) The term “exclusive economic zone” means an exclusive economic zone as defined in [section 1802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802&num=0&edition=prelim).
(6) The term “fishing” means the catching, taking, or fishing for or the attempted catching, taking, or fishing for any species of fish covered by the Convention, or any activities in support thereof.
(7) The term “fishing vessel” means any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities.
(8) The term “Panel” means any panel established by the Commission pursuant to article VI of the Convention.
(9) The term “person” means every individual, partnership, corporation, and association subject to the jurisdiction of the United States.
(10) The term “Secretary” means the S
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Source location: Title 16, Chapter 16A, § 971; chapter-16a-atlantic-tunas-convention.md
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For the purpose of this chapter—
(1) The term “Convention” means the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, including any amendments or protocols which are or become effective for the United States.
(2) The term “Commission” means the International Commission for the Conservation of Atlantic Tunas provided for in article III of the Convention.
(3) The term “conservation recommendation” means any recommendation of the Commission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under [section 971c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971c/a&num=0&edition=prelim).
(4) The term “Council” means the Council established within the International Commission for the Conservation of Atlantic Tunas pursuant to article V of the Convention.
(5) The term “exclusive economic zone” means an exclusive economic zone as defined in [section 1802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802&num=0&edition=prelim).
(6) The term “fishing” means the catching, taking, or fishing for or the attempted catching, taking, or fishing for any species of fish covered by the Convention, or any activities in support thereof.
(7) The term “fishing vessel” means any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities.
(8) The term “Panel” means any panel established by the Commission pursuant to article VI of the Convention.
(9) The term “person” means every individual, partnership, corporation, and association subject to the jurisdiction of the United States.
(10) The term “Secretary” means the Secretary of Commerce.
(11) The term “State” includes each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Recommendations from Commission** The Secretary of State is authorized to receive on behalf of the United States, reports, requests, and other communications of the Commission, and to act thereon directly or by reference to the appropriate authorities. The Secretary of State, with the concurrence of the Secretary and, for matters relating to enforcement, the Secretary of the department in which the Coast Guard is operating, is authorized to take appropriate action on behalf of the United States with regard to recommendations received from the Commission pursuant to article VIII of the Convention. The Secretary and, when appropriate, the Secretary of the department in which the Coast Guard is operating, shall inform the Secretary of State as to what action he considers appropriate within five months of the date of the notification of the recommendation from the Commission, and again within forty-five days of the additional sixty-day period provided by the Convention if any objection is presented by another contracting party to the Convention, or within thirty days of the date of the notification of an objection made within the additional sixty-day period, whichever date shall be the later. After any notification from the Commission that an objection of the United States is to be considered as having no effect, the Secretary shall inform the Secretary of State as to what action he considers appropriate within forty-five days of the sixty-day period provided by the Convention for reaffirming objections. The Secretary of State shall take steps under the Convention to insure that a recommendation pursuant to article VIII of the Convention does not become effective for the United States prior to its becoming effective for all contracting parties conducting fisheries aff
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 971c
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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) 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
**(a) In general** The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce this Act, and the Acts to which this section applies, in accordance with this section. Each such Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel services, equipment (including aircraft and vessels), and facilities of any other Federal agency, and of any State agency, in the performance of such duties.
**(b) Acts to which section applies** This section applies to—
(1) the Pacific Salmon Treaty Act of 1985 ([16 U.S.C. 3631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3631&num=0&edition=prelim) et seq.);
(2) the Dolphin Protection Consumer Information Act ([16 U.S.C. 1385](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1385&num=0&edition=prelim));
(3) the Tuna Conventions Act of 1950 ([16 U.S.C. 951](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section951&num=0&edition=prelim) et seq.);
(4) the North Pacific Anadromous Stocks Act of 1992 ([16 U.S.C. 5001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5001&num=0&edition=prelim) et seq.);
(5) the Atlantic Tunas Convention Act of 1975 ([16 U.S.C. 971](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971&num=0&edition=prelim) et seq.);
(6) the Northwest Atlantic Fisheries Convention Act of 1995 ([16 U.S.C. 5601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5601&num=0&edition=prelim) et seq.);
(7) the Western and Central Pacific Fisheries Convention Implementation Act ([16 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6901&num=0&edition=prelim) et s
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826g
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, in consultation with the Secretary of State, and in cooperation with relevant fishery management councils and any relevant advisory committees, shall take actions to improve the effectiveness of international fishery management organizations, or arrangements made pursuant to an international fishery agreement, in conserving and managing fish stocks under their jurisdiction. These actions shall include—
(1) urging international fishery management organizations to which the United States is a member—
(A) to incorporate multilateral market-related measures against member or nonmember governments whose vessels engage in illegal, unreported, or unregulated fishing;
(B) to seek adoption of lists that identify fishing vessels and vessel owners engaged in illegal, unreported, or unregulated fishing that can be shared among all members and other international fishery management organizations;
(C) to seek international adoption of a centralized vessel monitoring system in order to monitor and document capacity in fleets of all nations involved in fishing in areas under an international fishery management organization’s jurisdiction;
(D) to increase use of observers and technologies needed to monitor compliance with conservation and management measures established by the organization, including vessel monitoring systems and automatic identification systems;
(E) to seek adoption of stronger port state controls in all nations, particularly those nations in whose ports vessels engaged in illegal, unreported, or unregulated fishing land or transship fish; and
(F) to adopt shark conservation measures, including measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark at s
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Identification**
(1) **In general** — The Secretary shall identify and list in the report under [section 1826h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826h&num=0&edition=prelim)—
(A) a nation if—
(i) any fishing vessel of that nation is engaged, or has been engaged during the 3 years preceding the date of the determination, in fishing activities or practices on the high seas or within the exclusive economic zone of any nation, that have resulted in bycatch of a protected living marine resource; and
(ii) the vessel’s flag state has not adopted, implemented, and enforced a regulatory program governing such fishing designed to end or reduce such bycatch that is comparable in effectiveness to the regulatory program of the United States, taking into account differing conditions; and
(B) a nation if—
(i) any fishing vessel of that nation is engaged, or has engaged during the 3 years preceding the date of the determination, in fishing activities on the high seas or within the exclusive economic zone of another nation that target or incidentally catch sharks; and
(ii) the vessel’s flag state has not adopted, implemented, and enforced a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark, including the tail, before landing the shark in port, that is comparable to that of the United States.
(2) **Timing** — The Secretary shall make an identification under paragraph (1) at any time that the Secretary has sufficient information to make such identification.
**(b) Consultation and negotiation** The Secretary of State, acting in consultation with the Secretary, shall—
(1) notify, as soon as practicable, the President and
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826k
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Review of plans**
(1) Upon transmittal by the Council to the Secretary of a fishery management plan or plan amendment, the Secretary shall—
(A) immediately commence a review of the plan or amendment to determine whether it is consistent with the national standards, the other provisions of this chapter, and any other applicable law; and
(B) immediately publish in the Federal Register a notice stating that the plan or amendment is available and that written information, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 60-day period beginning on the date the notice is published.
(2) In undertaking the review required under paragraph (1), the Secretary shall—
(A) take into account the information, views, and comments received from interested persons;
(B) consult with the Secretary of State with respect to foreign fishing; and
(C) consult with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea and to fishery access adjustments referred to in [section 1853(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1853/a/6&num=0&edition=prelim).
(3) The Secretary shall approve, disapprove, or partially approve a plan or amendment within 30 days of the end of the comment period under paragraph (1) by written notice to the Council. A notice of disapproval or partial approval shall specify—
(A) the applicable law with which the plan or amendment is inconsistent;
(B) the nature of such inconsistencies; and
(C) recommendations concerning the actions that could be taken by the Council to conform such plan or amendment to the requirements of applicable law.
If the Secretary does not notify a Counc
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1854
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Collection of information** Within nine months after October 11, 1996, the Secretary shall, after consultation with the Gulf Council and South Atlantic Council, conclude the collection of information in the program to assess the impact on fishery resources of incidental harvest by the shrimp trawl fishery within the authority of such Councils. Within the same time period, the Secretary shall make available to the public aggregated summaries of information collected prior to June 30, 1994 under such program.
**(b) Identification of stock** The program concluded pursuant to subsection (a) shall provide for the identification of stocks of fish which are subject to significant incidental harvest in the course of normal shrimp trawl fishing activity.
**(c) Collection and assessment of specific stock information** For stocks of fish identified pursuant to subsection (b), with priority given to stocks which (based upon the best available scientific information) are considered to be overfished, the Secretary shall conduct—
(1) a program to collect and evaluate information on the nature and extent (including the spatial and temporal distribution) of incidental mortality of such stocks as a direct result of shrimp trawl fishing activities;
(2) an assessment of the status and condition of such stocks, including collection of information which would allow the estimation of life history parameters with sufficient accuracy and precision to support sound scientific evaluation of the effects of various management alternatives on the status of such stocks; and
(3) a program of information collection and evaluation for such stocks on the magnitude and distribution of fishing mortality and fishing effort by sources of fishing mortality other than shrimp trawl fishing activity.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1881d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Activities regulated by plan under Magnuson-Stevens Fishery Conservation and Management Act** The provisions of paragraph (1) of [section 3372(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372/a&num=0&edition=prelim) shall not apply to any activity regulated by a fishery management plan in effect under the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.).
**(b) Activities regulated by Tuna Convention Acts; harvesting of highly migratory species taken on high seas** The provisions of paragraphs (1), (2)(A), and (3)(A) of [section 3372(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372/a&num=0&edition=prelim) shall not apply to—
(1) any activity regulated by the Tuna Conventions Act of 1950 ([16 U.S.C. 951–961](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section951–961&num=0&edition=prelim)) or the Atlantic Tunas Convention Act of 1975 ([16 U.S.C. 971–971(h)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971–971/h&num=0&edition=prelim) 11 So in original. Probably was meant to be “971–971h”.); or
(2) any activity involving the harvesting of highly migratory species (as defined in paragraph (14) of section 3 22 See References in Text note below. of the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1802(14)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802/14&num=0&edition=prelim)]) taken on the high seas (as defined in paragraph (13) of such section 3) if such species are taken in violation of the laws of a foreign nation and
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3377
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary may—
(1) administer and enforce this chapter and any regulations issued under this chapter, except to the extent otherwise provided for in this Act;
(2) request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in—
(A) the administration and enforcement of this chapter; and
(B) the conduct of scientific, research, and other programs under this chapter;
(3) conduct fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the WCPFC Convention;
(4) collect, utilize, and disclose such information as may be necessary to implement the WCPFC Convention, subject to sections 552 and 552a of title 5 and section 402(b) of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1881a(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1881a/b&num=0&edition=prelim));
(5) if recommended by the United States Commissioners or proposed by a Council with authority over the relevant fishery, assess and collect fees, not to exceed three percent of the ex-vessel value of fish harvested by vessels of the United States in fisheries managed pursuant to this chapter, to recover the actual costs to the United States of management and enforcement under this chapter, which shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Secretary under this chapter; and
(6) issue permits to owners and operators of United States vessels to fish in the convention area seaward of the United States Exclusive Economic Zone, under such terms and conditions as the Secr
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6905
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