16 U.S.C. § 973 — Definitions

Page 1579 TITLE 16—CONSERVATION § 973 ing from implementation of the observer program under section 1827 of this title, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 50 of House Document No. 103–7. Section was not enacted as part of the Atlantic Tunas Convention Act of 1975 which comprises this chapter. AMENDMENTS 2007—Subsec. (b)(2)(H), (I). Pub. L. 109–479 added sub- par. (H) and redesignated former subpar. (H) as (I). 1998—Subsec. (b)(3)(B). Pub. L. 105–384 inserted ‘‘of 1975’’ after ‘‘Act’’. 1995—Pub. L. 104–43 amended section catchline gen- erally, designated existing provisions as subsec. (a), in- serted heading, struck out last sentence which read as follows: ‘‘There are authorized to be appropriated such sums as may be necessary to carry out this section.’’, and added subsec. (b). § 971j. Repealed. Pub. L. 114–81, title I, § 107(5), Nov. 5, 2015, 129 Stat. 658 Section, Pub. L. 94–70, § 11, as added Pub. L. 104–43, title III, § 308, Nov. 3, 1995, 109 Stat. 386; amended Pub. L. 105–384, title II, § 202(b)(1)(E), Nov. 13, 1998, 112 Stat. 3453, required the Secretary to submit an annual re- port. § 971k. Savings clause Nothing in this chapter shall have the effect of diminishing the rights and obligations of any Nation under Article VIII(3) of the Convention. (Pub. L. 94–70, § 11, formerly § 12, as added Pub. L. 104–43, title III, § 308, Nov. 3, 1995, 109 Stat. 387; amended Pub. L. 105–384, title II, § 202(b)(1)(E), Nov. 13, 1998, 112 Stat. 3453; renumbered § 11, Pub. L. 114–81, title I, § 107(5), Nov. 5, 2015, 129 Stat. 658.) Editorial Notes PRIOR PROVISIONS A prior section 11 of Pub. L. 94–70 was renumbered section 12 and is set out as a Separability note under section 971 of this title. Another prior section 11 of Pub. L. 94–70 was classi- fied to section 971j of this title, prior to repeal by Pub. L. 114–81, title I, § 107(5), Nov. 5, 2015, 129 Stat. 658. AMENDMENTS 1998—Pub. L. 105–384 made technical amendment to style of heading and section designation in original act. CHAPTER 16B—EASTERN PACIFIC TUNA FISHING §§ 972 to 972h. Repealed. Pub. L. 114–81, title II, § 210, Nov. 5, 2015, 129 Stat. 664 Section 972, Pub. L. 98–445, § 2, Oct. 4, 1984, 98 Stat. 1715, provided definitions for this chapter. Section 972a, Pub. L. 98–445, § 3, Oct. 4, 1984, 98 Stat. 1716, related to United States representation on the Council. Section 972b, Pub. L. 98–445, § 4, Oct. 4, 1984, 98 Stat. 1716, authorized the Secretary of State to act for United States. Section 972c, Pub. L. 98–445, § 5, Oct. 4, 1984, 98 Stat. 1716; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, related to application to other laws. Section 972d, Pub. L. 98–445, § 6, Oct. 4, 1984, 98 Stat. 1716, related to disposition of fees. Section 972e, Pub. L. 98–445, § 7, Oct. 4, 1984, 98 Stat. 1716, related to regulations. Section 972f, Pub. L. 98–445, § 8, Oct. 4, 1984, 98 Stat. 1717, related to prohibited acts. Section 972g, Pub. L. 98–445, § 9, Oct. 4, 1984, 98 Stat. 1717; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117, related to enforcement. Section 972h, Pub. L. 98–445, § 10, Oct. 4, 1984, 98 Stat. 1719, authorized appropriations. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 98–445, § 1, Oct. 4, 1984, 98 Stat. 1715, which pro- vided that Pub. L. 98–445 could be cited as the ‘‘Eastern Pacific Tuna Licensing Act of 1984’’, was repealed by Pub. L. 114–81, title II, § 210, Nov. 5, 2015, 129 Stat. 664. CHAPTER 16C—SOUTH PACIFIC TUNA FISHING Sec. 973. Definitions. 973a. Application to other laws. 973b. Regulations. 973c. Prohibited acts. 973d. Exceptions. 973e. Criminal offenses. 973f. Civil penalties. 973g. Licenses. 973h. Enforcement. 973i. Findings by Secretary. 973j. Reporting requirements; disclosure of infor- mation. 973k. Closed Area stowage requirements. 973l. Observers. 973m. Technical assistance. 973n. Arbitration. 973o. Disposition of fees, penalties, forfeitures, and other moneys. 973p. Additional agreements. 973q. Secretary of State to act for United States. 973r. Authorization of appropriations. § 973. Definitions As used in this chapter— (1) The term ‘‘Administrator’’ means the in- dividual or organization designated by the Pa- cific Island Parties to act on their behalf under the Treaty and notified to the United States Government. (2) The term ‘‘Authorized Officer’’ means any officer who is authorized by the Secretary, or the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an enforcement agreement with the Sec- retary under section 973h(a) of this title. (3) The term ‘‘Authorized Party Officer’’ means any officer authorized by a Pacific Is- land Party to enforce the provisions of the Treaty. (4) The term ‘‘applicable national law’’ means any provision of law of a Pacific Island Party which is described in paragraph 1(a) of Annex I of the Treaty. (5) The term ‘‘Closed Area’’ means any of the closed areas identified in Schedule 2 of Annex I of the Treaty. (6) The term ‘‘fishing’’ means— (A) searching for, catching, taking, or har- vesting fish; (B) attempting to search for, catch, take, or harvest fish; (C) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking, or harvesting of fish; Page 1580 TITLE 16—CONSERVATION § 973a (D) placing, searching for, or recovering fish aggregating devices or associated elec- tronic equipment such as radio beacons; (E) any operations at sea directly in sup- port of, or in preparation for, any activity described in this paragraph; or (F) aircraft use, relating to the activities described in this paragraph except for flights in emergencies involving the health or safe- ty of crew members or the safety of a vessel. (7) The term ‘‘fishing vessel’’ or ‘‘vessel’’ means any boat, ship, or other craft which is used for, equipped to be used for, or of a type normally used for commercial fishing, and which is documented under the laws of the United States. (8) The term ‘‘Licensing Area’’ means all wa- ters in the Treaty Area except for— (A) those waters subject to the jurisdiction of the United States in accordance with international law; (B) those waters within Closed Areas; and (C) those waters within Limited Areas closed to fishing. (9) The term ‘‘licensing period’’ means the period of validity of licenses issued in accord- ance with the Treaty. (10) The term ‘‘Limited Area’’ means any area so identified in Schedule 3 of Annex I of the Treaty. (11) The term ‘‘operator’’ means any person who is in charge of, directs or controls a ves- sel, including the owner, charterer, and mas- ter. (12) The term ‘‘Pacific Island Party’’ means a Pacific Island nation which is a party to the Treaty. (13) The term ‘‘Party’’ means a nation which is a party to the Treaty. (14) The term ‘‘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 for- eign government or any entity of any such government. (15) The term ‘‘Secretary’’ means the Sec- retary of Commerce, or the designee of the Secretary of Commerce. (16) The term ‘‘State’’ means each of the sev- eral States, the District of Columbia, the Commonwealths of Puerto Rico and the North- ern Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other Common- wealth, territory, or possession of the United States. (17) The term ‘‘Treaty’’ means the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America, signed in Port Moresby, Papua New Guinea, April 2, 1987, and its Annexes, Schedules, and implementing agreements. (18) The term ‘‘Treaty Area’’ means the area so described in paragraph 1(k) of Article 1 of the Treaty. (Pub. L. 100–330, § 2, June 7, 1988, 102 Stat. 591.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–330, § 21, June 7, 1988, 102 Stat. 601, pro- vided that: ‘‘(a) Except as provided in subsection (b) of this sec- tion, this Act [enacting this chapter] shall be effective on the date on which the Treaty enters into force for the United States. [The Treaty entered into force for the United States June 15, 1988.] ‘‘(b)(1) The authority to promulgate regulations pur- suant to this Act shall be effective on the date of enact- ment of this Act [June 7, 1988]. ‘‘(2) Any regulation promulgated pursuant to this Act shall not be effective before the date on which the Treaty enters into force for the United States.’’ SHORT TITLE Pub. L. 100–330, § 1, June 7, 1988, 102 Stat. 591, pro- vided: ‘‘That this Act [enacting this chapter] may be cited as the ‘South Pacific Tuna Act of 1988’.’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 973a. Application to other laws The seizure by a Pacific Island Party of a ves- sel of the United States shall not be determined to be a seizure described in section 1825(a)(4)(C) of this title or section 1972 of title 22 if the sei- zure is found by the Secretary of State to be in accordance with the provisions of the Treaty. (Pub. L. 100–330, § 3, June 7, 1988, 102 Stat. 592; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–208 made technical amendment to reference in original act which appears in text as ref- erence to section 1825(a)(4)(C) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. § 973b. Regulations The Secretary of Commerce, with the concur- rence of the Secretary of State and after con- sultation with the Secretary of the department in which the Coast Guard is operating, shall issue regulations as may be necessary to carry out the purposes and objectives of the Treaty and this chapter. These regulations shall be made applicable as necessary to all persons and vessels subject to the jurisdiction of the United States, wherever located. (Pub. L. 100–330, § 4, June 7, 1988, 102 Stat. 592.)