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16 U.S.C. § 3601 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3601 — Definitions

Page 2313 TITLE 16—CONSERVATION § 3602 1 See References in Text note below. rying out this chapter not more than $1,000,000 for each of the fiscal years 1990, 1991, 1992, and 1993.’’ 1990—Pub. L. 101–591 amended section generally. Prior to amendment, section read as follows: ‘‘There is au- thorized to be appropriated to the Department of the Interior $1,000,000 for the period beginning October 1, 1982, and ending September 30, 1985, for purposes of car- rying out sections 3503 and 3509 of this title.’’ CHAPTER 56—NORTH ATLANTIC SALMON FISHING Sec. 3601. Definitions. 3602. United States representation on Council and Commissions. 3603. Receipt of Organization communications by Secretary of State. 3604. Regulations and reports. 3605. Cooperation with other agencies and institu- tions. 3606. Violations and penalties. 3607. Enforcement. 3608. Authorization of appropriations. § 3601. Definitions As used in this chapter, the term— (1) ‘‘Act of 1976’’ means the Act entitled ‘‘An Act to provide for the conservation and man- agement of the fisheries, and for other pur- poses’’, approved April 13, 1976 (16 U.S.C. 1801 et seq.); (2) ‘‘Commission’’ means any of the Commis- sions of the Organization that are established by the Convention; (3) ‘‘Commissioner’’ means a United States Commissioner appointed under section 3602 of this title; (4) ‘‘Convention’’ means the Convention for the Conservation of Salmon in the North At- lantic Ocean, signed at Reykjavik, Iceland, on March 2, 1982; (5) ‘‘Council’’ means the Council established by the Convention; (6) ‘‘fishing’’ has the same meaning as such term has in section 3(10) 1 of the Act of 1976 (16 U.S.C. 1802(10)); (7) ‘‘Organization’’ means the North Atlantic Salmon Conservation Organization est

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Page 2313 TITLE 16—CONSERVATION § 3602 1 See References in Text note below. rying out this chapter not more than $1,000,000 for each of the fiscal years 1990, 1991, 1992, and 1993.’’ 1990—Pub. L. 101–591 amended section generally. Prior to amendment, section read as follows: ‘‘There is au- thorized to be appropriated to the Department of the Interior $1,000,000 for the period beginning October 1, 1982, and ending September 30, 1985, for purposes of car- rying out sections 3503 and 3509 of this title.’’ CHAPTER 56—NORTH ATLANTIC SALMON FISHING Sec. 3601. Definitions. 3602. United States representation on Council and Commissions. 3603. Receipt of Organization communications by Secretary of State. 3604. Regulations and reports. 3605. Cooperation with other agencies and institu- tions. 3606. Violations and penalties. 3607. Enforcement. 3608. Authorization of appropriations. § 3601. Definitions As used in this chapter, the term— (1) ‘‘Act of 1976’’ means the Act entitled ‘‘An Act to provide for the conservation and man- agement of the fisheries, and for other pur- poses’’, approved April 13, 1976 (16 U.S.C. 1801 et seq.); (2) ‘‘Commission’’ means any of the Commis- sions of the Organization that are established by the Convention; (3) ‘‘Commissioner’’ means a United States Commissioner appointed under section 3602 of this title; (4) ‘‘Convention’’ means the Convention for the Conservation of Salmon in the North At- lantic Ocean, signed at Reykjavik, Iceland, on March 2, 1982; (5) ‘‘Council’’ means the Council established by the Convention; (6) ‘‘fishing’’ has the same meaning as such term has in section 3(10) 1 of the Act of 1976 (16 U.S.C. 1802(10)); (7) ‘‘Organization’’ means the North Atlantic Salmon Conservation Organization established under the Convention; (8) ‘‘person’’ has the same meaning as such term has in section 3(19) 1 of the Act of 1976 (16 U.S.C. 1802(19)); and (9) ‘‘salmon’’ means all species of salmon which migrate in or into the waters of the At- lantic Ocean north of 36 degrees north lati- tude. (Pub. L. 97–389, title III, § 302, Dec. 29, 1982, 96 Stat. 1951.) Editorial Notes REFERENCES IN TEXT An Act to provide for the conservation and manage- ment of the fisheries, and for other purposes, approved April 13, 1976 (16 U.S.C. 1801 et seq.), referred to in par. (1), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. Section 3 of the Act of 1976 (16 U.S.C. 1802), referred to in pars. (6) and (8), was subsequently amended, and section 3(10) and (19) no longer defines the terms ‘‘fish- ing’’ and ‘‘person’’. However, such terms are defined elsewhere in that section. CODIFICATION Section 3602 of this title, referred to in par. (3), was in the original ‘‘section 403 of this title’’, meaning sec- tion 403 of title III of Pub. L. 97–389, and has been trans- lated as section 3602 of this title, section 303 of title III of Pub. L. 97–389, as the probable intent of Congress, be- cause title III of Pub. L. 97–389 does not contain a sec- tion 403 and section 3602 of this title relates to appoint- ment of a United States Commissioner. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 97–389, § 1, Dec. 29, 1982, 96 Stat. 1949, provided: ‘‘That this Act [enacting this chapter, amending sec- tions 779b, 1034, and 1401 of this title and sections 688 and 883 of Title 46, Appendix, Shipping, and enacting provisions set out as notes under section 1823 of this title and section 688 of Title 46, Appendix] may be cited as the ‘Fisheries Amendments of 1982’.’’ Pub. L. 97–389, title III, § 301, Dec. 29, 1982, 96 Stat. 1951, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Atlantic Salmon Convention Act of 1982’.’’ § 3602. United States representation on Council and Commissions (a) Appointment and qualifications of Commis- sioners The United States shall be represented on the Council and Commissions by three United States Commissioners to be appointed by the President to serve at his pleasure. Of such Com- missioners, one shall be an official of the United States Government, and two shall be individuals (not officials of the United States Government) who are knowledgeable or experienced con- cerning the conservation and management of salmon of United States origin. (b) Alternate Commissioners The Secretary of State, in consultation with the Secretary of Commerce and the Secretary of the Interior, may designate alternate United States Commissioners. In the absence of a Com- missioner appointed under subsection (a) of this section, an alternate Commissioner may exer- cise at any meeting of the Organization, the Council, or any Commission all functions of such Commissioner. (c) Limited Federal employee status Individuals who serve as Commissioners and alternate Commissioners shall not receive any compensation for such service. Such individuals shall not be considered to be Federal employees while performing such service, except for pur- poses of injury compensation or tort claims li- ability as provided in chapter 81 of title 5 and chapter 171 of title 28. (d) Consultation with other parties In carrying out their functions under the Con- vention, the Commissioners may consult with the appropriate Regional Fishery Management Councils established by section 302 of the Act of 1976 (16 U.S.C. 1852), and may consult with such other interested parties as they consider appro-

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1801 — Findings, purposes and policy

**(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

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1801 — Findings, purposes and policy

Page 1991 TITLE 16—CONSERVATION § 1801 Sec. 1826k. Equivalent conservation measures. 1827. Observer program regarding certain foreign fishing. 1827a. Prohibition on sale of billfish. 1828. Foreign fishing incursions. 1829. International monitoring and compliance. SUBCHAPTER IV—NATIONAL FISHERY MANAGEMENT PROGRAM 1851. National standards for fishery conservation and management. 1852. Regional Fishery Management Councils. 1853. Contents of fishery management plans. 1853a. Limited access privilege programs. 1854. Action by Secretary. 1855. Other requirements and authority. 1856. State jurisdiction. 1857. Prohibited acts. 1858. Civil penalties and permit sanctions. 1859. Criminal offenses. 1860. Civil forfeitures. 1861. Enforcement. 1861a. Transition to sustainable fisheries. 1861b. Fisheries enforcement plans and reporting. 1862. North Pacific fisheries conservation. 1863. Northwest Atlantic Ocean Fisheries Reinvest- ment Program. 1864. Repealed. 1865. Bycatch reduction engineering program. 1866. Shark feeding. 1867. Cooperative research and management pro- gram. 1868. Herring study. 1869. Restoration study. SUBCHAPTER V—FISHERY MONITORING AND RESEARCH 1881. Registration and information management. 1881a. Information collection. 1881b. Observers. 1881c. Fisheries research. 1881d. Incidental harvest research. 1882. Fisheries systems research. 1883. Gulf of Mexico red snapper research. 1884. Deep sea coral research and technology pro- gram. 1885. Seafood import monitoring program. 1885a. Report on Seafood Import Monitoring Pro- gram. SUBCHAPTER VI—MISCELLANEOUS 1891. Investment in United States seafood proc- essing facilities. 1891a. Community-based restoration program for fishery and coast

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1802 — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1802 — Definitions

Page 1999 TITLE 16—CONSERVATION § 1802 (b) In addition to the Co-Chairs, the Seafood Trade Task Force shall include the following members, or their designees: (i) the Secretary of State; (ii) the Secretary of the Interior; (iii) the Secretary of Agriculture; (iv) the Secretary of Homeland Security; (v) the Director of the Office of Management and Budget; (vi) the Assistant to the President for Economic Pol- icy; (vii) the Assistant to the President for Domestic Pol- icy; (viii) the Chairman of the Council of Economic Advis- ers; (ix) the Under Secretary of Commerce for Inter- national Trade; (x) the Commissioner of Food and Drugs; (xi) the Administrator of NOAA; and (xii) the heads of such other agencies and offices as the Co-Chairs may designate. (c) Within 90 days of the date of this order, the Sea- food Trade Task Force shall provide recommendations to the Office of the United States Trade Representative in the preparation of a comprehensive interagency sea- food trade strategy that identifies opportunities to im- prove access to foreign markets through trade policy and negotiations, resolves technical barriers to United States seafood exports, and otherwise supports fair market access for United States seafood products. (d) Within 90 days of the date on which the Seafood Trade Task Force provides the recommendations de- scribed in subsection (c) of this section, the Office of the United States Trade Representative, in consulta- tion with the Trade Policy Staff Committee and the Seafood Trade Task Force, shall submit to the Presi- dent, through the Assistant to the President for Eco- nomic Policy and the Assistant to the President for Do- mestic Policy, the comprehensive interagency seafood trade strategy described in subsection (c) of this

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1852 — Regional Fishery Management Councils

**(a) Establishment** (1) There shall be established, within 120 days after April 13, 1976, eight Regional Fishery Management Councils, as follows: (A) *New England Council* — The New England Fishery Management Council shall consist of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The New England Council shall have 18 voting members, including 12 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). (B) *Mid-Atlantic Council* — The Mid-Atlantic Fishery Management Council shall consist of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except North Carolina, and as provided in paragraph (3)). The Mid-Atlantic Council shall have 21 voting members, including 13 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). (C) *South Atlantic Council* — The South Atlantic Fishery Management Council shall consist of the States of North Carolina, South Carolina, Georgia, and Florida and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The South Atlantic Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). (D) *Caribbean Council* — The Caribbean Fishery Management Council shall consist of the Virgin Islands and the Commonwealth of P

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1852 — Regional Fishery Management Councils

Page 2057 TITLE 16—CONSERVATION § 1852 spect to their ownership or mortgage interest in such vessel on that date to the extent of any such inconsist- ency. The provisions of section 12102(c) [now 12113(b)(2) to (d)] and section 31322(a) of title 46, United States Code, as amended by this Act, shall apply to all subse- quent owners and mortgagees of such vessel, and shall apply, notwithstanding the preceding sentence, to the owner on [sic] of such vessel if any ownership interest in that owner is transferred to or otherwise acquired by a foreign individual or entity after or if the percentage of foreign ownership in the vessel is increased after the effective date of this subsection [July 24, 2001].’’ [Pub. L. 107–20, title II, § 2202(e)(2), July 24, 2001, 115 Stat. 170, provided that: ‘‘Section 213(g) of the Amer- ican Fisheries Act (Public Law 105–277, division C, title II) [set out above] shall take effect on the date of en- actment of this Act [July 24, 2001].’’] RESTRICTION ON FUNDING CERTAIN NEW FISHERY MANAGEMENT PLANS, AMENDMENTS OR REGULATIONS Pub. L. 104–208, div. A, title I, § 101(a) [title II, §§ 208, 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–40, 3009–41, pro- vided that: ‘‘None of the funds appropriated under this Act or any other Act henceforth may be used to de- velop new fishery management plans, amendments, or regulations which create new individual fishing quota programs (whether such quotas are transferable or not) or to implement any such plans, amendments or regu- lations approved by a Regional Fishery Management Council or the Secretary after January 4, 1995, until offsetting fees to pay for the cost of administering such plans, amendments, or regulations are expressly au- thorized under the Magnuson-Stevens Fishery Con- se

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3601 — Definitions

As used in this chapter, the term— (1) “Act of 1976” means the Act entitled “An Act to provide for the conservation and management of the fisheries, and for other purposes”, approved April 13, 1976 ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.); (2) “Commission” means any of the Commissions of the Organization that are established by the Convention; (3) “Commissioner” means a United States Commissioner appointed under [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3602&num=0&edition=prelim); (4) “Convention” means the Convention for the Conservation of Salmon in the North Atlantic Ocean, signed at Reykjavik, Iceland, on March 2, 1982; (5) “Council” means the Council established by the Convention; (6) “fishing” has the same meaning as such term has in section 3(10) 11 See References in Text note below. of the Act of 1976 ([16 U.S.C. 1802(10)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802/10&num=0&edition=prelim)); (7) “Organization” means the North Atlantic Salmon Conservation Organization established under the Convention; (8) “person” has the same meaning as such term has in section 3(19) 1 of the Act of 1976 ([16 U.S.C. 1802(19)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802/19&num=0&edition=prelim)); and (9) “salmon” means all species of salmon which migrate in or into the waters of the Atlantic Ocean north of 36 degrees north latitude.

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