16 U.S.C. § 5609 — Definitions

Page 2554 TITLE 16—CONSERVATION § 5608 1 So in original. Probably should be ‘‘transshipping’’. (1) all public meetings of the Commission; (2) any other meetings to which they are in- vited by the Commission; and (3) all nonexecutive meetings of the United States Commissioners. (d) Relationship to other law Chapter 10 of title 5 shall not apply to the con- sultative committee established under this sec- tion. (Pub. L. 104–43, title II, § 208, Nov. 3, 1995, 109 Stat. 380; Pub. L. 114–327, title V, § 507, Dec. 16, 2016, 130 Stat. 1996; Pub. L. 117–286, § 4(a)(125), Dec. 27, 2022, 136 Stat. 4319.) Editorial Notes AMENDMENTS 2022—Subsec. (d). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’. 2016—Subsec. (b)(2). Pub. L. 114–327, § 507(1), sub- stituted ‘‘2’’ for ‘‘two’’. Subsec. (c)(1), (2). Pub. L. 114–327, § 507(2), struck out ‘‘General Council or the Fisheries’’ before ‘‘Commis- sion;’’. § 5608. Administrative matters (a) Prohibition on compensation A person shall not receive any compensation from the Government by reason of any service of the person as— (1) a Commissioner, Alternate Commis- sioner, Representative, or Alternative Rep- resentative; (2) an expert or adviser authorized under sec- tion 5601(e) of this title; or (3) a member of the consultative committee established by section 5607 of this title. (b) Travel and expenses The Secretary of State shall, subject to the availability of appropriations, pay all necessary travel and other expenses of persons described in subsection (a)(1) and of not more than six ex- perts and advisers authorized under section 5601(e) of this title with respect to their actual performance of their official duties pursuant to this chapter, in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5. (c) Status as Federal employees A person shall not be considered to be a Fed- eral employee by reason of any service of the person in a capacity described in subsection (a), except for purposes of injury compensation and tort claims liability under chapter 81 of title 5 and chapter 171 of title 28, respectively. (Pub. L. 104–43, title II, § 209, Nov. 3, 1995, 109 Stat. 381; Pub. L. 105–384, title II, § 201(b)(2), Nov. 13, 1998, 112 Stat. 3451.) Editorial Notes AMENDMENTS 1998—Subsec. (c). Pub. L. 105–384 substituted ‘‘171’’ for ‘‘17’’. § 5609. Definitions In this chapter: (1) 1982 Convention The term ‘‘1982 Convention’’ means the United Nations Convention on the Law of the Sea of 10 December 1982. (2) Authorized enforcement officer The term ‘‘authorized enforcement officer’’ means a person authorized to enforce this chapter, any regulation issued under this chapter, or any measure that is legally bind- ing on the United States under the Conven- tion. (3) Commission The term ‘‘Commission’’ means the body provided for by Articles V, VI, XIII, XIV, and XV of the Convention. (4) Commissioner The term ‘‘Commissioner’’ means a United States Commissioner to the Northwest Atlan- tic Fisheries Organization appointed under section 5601 of this title. (5) Convention The term ‘‘Convention’’ means the Conven- tion on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ot- tawa on October 24, 1978, and as amended on September 28, 2007. (6) Convention Area The term ‘‘Convention Area’’ means the wa- ters of the Northwest Atlantic Ocean north of 35°00′ N and west of a line extending due north from 35°00′ N and 42°00′ W to 59°00′ N, thence due west to 44°00′ W, and thence due north to the coast of Greenland, and the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78°10′ N. (7) Council The term ‘‘Council’’ means the New England Fishery Management Council or the Mid-At- lantic Fishery Management Council. (8) Fishery resources (A) In general The term ‘‘fishery resources’’ means all fish, mollusks, and crustaceans, including any products thereof, within the Convention Area. (B) Exclusions The term ‘‘fishery resources’’ does not in- clude— (i) sedentary species over which coastal States may exercise sovereign rights con- sistent with Article 77 of the 1982 Conven- tion; or (ii) insofar as they are managed under other international treaties, anadromous and catadromous stocks and highly migra- tory species listed in Annex I of the 1982 Convention. (9) Fishing activities (A) In general The term ‘‘fishing activities’’ means har- vesting or processing fishery resources, or transhipping 1 of fishery resources or prod- Page 2555 TITLE 16—CONSERVATION § 5612 ucts derived from fishery resources, or any other activity in preparation for, in support of, or related to the harvesting of fishery re- sources. (B) Inclusions The term ‘‘fishing activities’’ includes— (i) the actual or attempted searching for or catching or taking of fishery resources; (ii) any activity that can reasonably be expected to result in locating, catching, taking, or harvesting of fishery resources for any purpose; and (iii) any operation at sea in support of, or in preparation for, any activity de- scribed in this paragraph. (C) Exclusions The term ‘‘fishing activities’’ does not in- clude any operation related to emergencies involving the health and safety of crew members or the safety of a vessel. (10) Fishing vessel (A) In general The term ‘‘fishing vessel’’ means a vessel that is or has been engaged in fishing activi- ties. (B) Inclusions The term ‘‘fishing vessel’’ includes a fish processing vessel or a vessel engaged in transshipment or any other activity in prep- aration for or related to fishing activities, or in experimental or exploratory fishing ac- tivities. (11) Organization The term ‘‘Organization’’ means the North- west Atlantic Fisheries Organization provided for by Article V of the Convention. (12) Person The term ‘‘person’’ means any individual (whether or not a citizen or national of the United States), and any corporation, partner- ship, association, or other entity (whether or not organized or existing under the laws of any State). (13) Representative The term ‘‘Representative’’ means a United States Representative to the Northwest Atlan- tic Fisheries Scientific Council appointed under section 5601 of this title. (14) Scientific council The term ‘‘Scientific Council’’ means the Scientific Council provided for by Articles V, VI, and VII of the Convention. (15) Secretary The term ‘‘Secretary’’ means the Secretary of Commerce. (16) State The term ‘‘State’’ means each of the several States of the United States, the District of Co- lumbia, and any other commonwealth, terri- tory, or possession of the United States. (17) Transshipment The term ‘‘transshipment’’ means the un- loading of all or any of the fishery resources on board a fishing vessel to another fishing vessel either at sea or in port. (Pub. L. 104–43, title II, § 210, Nov. 3, 1995, 109 Stat. 381; Pub. L. 105–384, title II, § 201(b)(3), Nov. 13, 1998, 112 Stat. 3451; Pub. L. 114–327, title V, § 508, Dec. 16, 2016, 130 Stat. 1996.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–327 amended section generally. Prior to amendment, section defined terms for this chapter. 1998—Par. (6). Pub. L. 105–384 substituted ‘‘Magnuson- Stevens Fishery’’ for ‘‘Magnuson Fishery’’. § 5610. Authorization of appropriations There are authorized to be appropriated to carry out this chapter, including to pay the United States contribution to the Organization as provided in Article IX of the Convention, $500,000 for each fiscal year through fiscal year 2021. (Pub. L. 104–43, title II, § 211, Nov. 3, 1995, 109 Stat. 382; Pub. L. 105–384, title II, § 201(a), Nov. 13, 1998, 112 Stat. 3451; Pub. L. 107–372, title III, § 305, Dec. 19, 2002, 116 Stat. 3096; Pub. L. 109–479, title III, § 302(i), Jan. 12, 2007, 120 Stat. 3625; Pub. L. 114–327, title V, § 509, Dec. 16, 2016, 130 Stat. 1998.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–327 substituted ‘‘including to pay the United States contribution to the Organization as provided in Article IX of the Convention’’ for ‘‘includ- ing use for payment as the United States contribution to the Organization as provided in Article XVI of the Convention’’ and ‘‘2021’’ for ‘‘2012’’. 2007—Pub. L. 109–479 substituted ‘‘2012’’ for ‘‘2006’’. 2002—Pub. L. 107–372 substituted ‘‘2006’’ for ‘‘2001’’. 1998—Pub. L. 105–384 substituted ‘‘for each fiscal year through fiscal year 2001’’ for ‘‘for each of the fiscal years 1995, 1996, 1997, and 1998’’. § 5611. Repealed. Pub. L. 113–188, title II, § 201(f), Nov. 26, 2014, 128 Stat. 2018 Section, Pub. L. 104–43, title II, § 212, as added Pub. L. 105–384, title II, § 201(c), Nov. 13, 1998, 112 Stat. 3452, re- quired annual reports on the activities of the Fisheries Commission, the General Council, the Scientific Coun- cil, and the consultative committee established under section 5607 of this title. § 5612. Repealed. Pub. L. 114–327, title V, § 510, Dec. 16, 2016, 130 Stat. 1998 Section, Pub. L. 104–43, title II, § 213, as added Pub. L. 105–384, title II, § 201(d), Nov. 13, 1998, 112 Stat. 345, re- lated to quota allocation practice under the Conven- tion. CHAPTER 77—YUKON RIVER SALMON SUBCHAPTER I—IMPLEMENTATION OF INTERIM AGREEMENT Sec. 5701. Purposes. 5702. Definitions. 5703. Panel. 5704. Advisory Committee. 5705. Exemption. 5706. Authority and responsibility. 5707. Continuation of Agreement.