(11) The term "fishing vessel" means any vessel, boat, ship, or other craft which is used for, equipped to be used for, or of a type which is normally used for (A) fishing; or (B) aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing. (12) The term "foreign fishing" means fishing by a vessel other than a vessel of the United States. (13) The term "high seas" means all waters beyond the territorial sea of the United States and beyond any foreign nation's territorial sea, to the extent that such sea is recognized by the United States. (14) 20 The term "highly migratory species" means tuña species, marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks, sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius). (15) The term "international fishery agreement" means any bilateral or multilateral treaty, convention, or agreement which relates to fishing and to which the United States is a party. (16) 21 The term "large-scale driftnet fishing" means a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of one and one-half miles or more is placed in the water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing. (17) 22 The term "Marine Fisheries Commission" means the Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, or the Pacific Marine Fisheries Commission. (18) 23 The term "migratory range" means the maximum area at a given time of the year within which fish of an anadromous species or stock thereof can be expected to be found, as determined on the basis of scale pattern analysis, tagging studies, or other reliable scientific information, except that the term does not include any part of such area which is in the waters of a foreign nation. (19) 22 The term "national standards" means the national standards for fishery conservation and management set forth in section 301. 20 Sec. 102(a)(3) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) amended and restated par. (14). It formerly defined "highly migratory species" as "species of tuna which in the course of their life cycle, spawn and migrate over great distances in waters of the ocean.". 21 Sec. 102(aX4) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) added a new par. (16). See also note 21. 22 Sec. 102(aX1) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) redesignated par. (16) as (17), redesignated par. (17) as (19), redesignated pars. (18) through (23) as (21) through (26), and redesignated pars. (24) through (27) as (28) through (31). See also note 25. 23 Sec. 102(aX5) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) added a new par. (18). See also note 22. (20) 24 The term "observer" means any person required or authorized to be carried on a vessel for conservation and management purposes by regulations or permits under this Act. (21) The term "optimum", with respect to the yield from a fishery, means the amount of fish (A) which will provide the greatest overall benefit to the Nation, with particular reference to food production and recreational opportunities; and (B) which is prescribed as such on the basis of the maximum sustainable yield from such fishery, as modified by any relevant economic, social, or ecological factor. (22) 22 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 foreign government or any entity of any such government. (23) 22 The term "Secretary" means the Secretary of Commerce or his designee. (24) 25 The term "special areas" means the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of American and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; in particular, the term refers to those areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured. (25) 22,25 The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States. (26) 22,25 The term "stock of fish" means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit. (27) 22, 25 The term "treaty" means any international fishery agreement which is a treaty within the meaning of section 2 of article II of the Constitution. (28) 25, 26 The term "tuna species" means the following: Albacore Tuna-Thunnus alalunga; Bigeye Tuna-Thunnus obesus; Bluefin Tuna-Thunnus thynnus; Skipjack Tuna-Katsuwonus pelamis; and (29) 22,25 The term "United States", when used in a geographical context, means all the States thereof. 24 Sec. 102(aX6) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) added a new par. (20). See also note 22. 26 Sec. 301(b) of Public Law 102-251 (106 Stat. 62) redesignated pars. (24) through (32) as pars. (25) through (33), and added new par. (24). 26 Sec. 102(aX7) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) added this par. as (27). It was redesignated as (28) by sec. 301(bX1) of Public Law 102-251 (106 Stat. 62). See also note 22. (30) 22, 27 The term "United States fish processors" means facilities located within the United States for, and vessels of the United States used or equipped for, the processing of fish for commercial use or consumption. (31) 22, 25, 27 The term "United States harvest fish" means fish caught, taken, or harvested by vessels of the United States within any fishery for which a fishery management plan prepared under title III or a preliminary fishery management plan prepared under section 201(h) has been implemented. (32) 22, 25, 27 The term "vessel of the United States" means(A) any vessel documented under chapter 121 of title 46, United States Code; (B) any vessel numbered in accordance with chapter 123 of title 46, United States Code, and measuring less than 5 net tons; (C) any vessel numbered in accordance with chapter 123 of title 46, United States Code, and used exclusively for pleasure; or (D) any vessel not equipped with propulsion machinery of any kind and used exclusively for pleasure. (33) 28 The term "waters of a foreign nation" means any part of the territorial sea or exclusive economic zone (or the equivalent) of a foreign nation, to the extent such territorial sea or exclusive economic zone is recognized by the United States. TITLE I-UNITED STATES RIGHTS AND AUTHORITY SEC. 101.29 UNITED STATES SOVEREIGN RIGHTS TO FISH AND FISHERY MANAGEMENT AUTHORITY. (a) IN THE EXCLUSIVE ECONOMIC ZONE.-Except as provided in section 102, the United States claims, and will exercise in the manner provided for in this Act, sovereign rights and exclusive fishery management authority over all fish, and all Continental Shelf fishery resources, within the exclusive economic zone and special areas. 30 (b) BEYOND THE EXCLUSIVE ECONOMIC ZONE.-The United States claims, and will exercise in the manner provided for in this Act, exclusive fishery management authority over the following: (1) All anadromous species throughout the migratory range of each such species beyond the exclusive economic zone; ex 27 Previous to note 21, sec. 3 of Public Law 95-354 (92 Stat. 519) redesignated par. (25) as (27) and added new pars. (25) and (26). Par. (27) was subsequently amended and restated by sec. 15(a) of Public Law 97-453 (96 Stat. 2492). Sec. 2 of Public Law 100-239 (101 Stat. 1778) further amended and restated par. (27), which formerly read as follows: “(27) The term 'vessel of the United States' means— "(A) any vessel documented under the laws of the United States; "(B) any vessel numbered in accordance with the Federal Boat Safety Act of 1971 (46 U.S.C. 1400 et seq.) and measuring less than 5 net tons; or "(C) any vessel numbered under the Federal Boat Safety Act of 1971 (46 U.S.C. 1400 et seq.) and used exclusively for pleasure.". This par. was redesignated as (30) by sec. 301(b)(1) of Public Law 102-251 (106 Stat. 62). 28 Sec. 102(aX8) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) added a new par. (32). Sec. 301(b)(1) of Public Law 102-251 (106 Stat. 62) redesignated this par. as (33). See also note 22. 2016 U.S.C. 1811. Sec. 101 was comprehensively amended and restated by sec. 101(b) of Public Law 99-659 (100 Stat. 3706). 30 Sec. 301(cX1) of Public Law 102-251 (106 Stat. 62) inserted “and special areas" before the period in subsec. (a). cept that that management authority does not extend to any such species during the time they are found within any waters of a foreign nation.31 (2) All Continental Shelf fishery resources beyond the exclusive economic zone. (3) 32 all fishery resources in the special areas. SEC. 102.33 HIGHLY MIGRATORY SPECIES. The United States shall cooperate directly or through appropriate international organizations with those nations involved in fisheries for highly migratory species with a view to ensuring conservation and promoting the objective of optimum utilization of such species throughout their range, both within and beyond the exclusive economic zone. SEC. 103.34 HIGHLY MIGRATORY SPECIES. The exclusive fishery management authority of the United States shall not include, nor shall it be construed to extend to, highly migratory species of fish. SEC. 104.35 EFFECTIVE DATE. This title shall take effect March 1, 1977. TITLE II-FOREIGN FISHING AND INTERNATIONAL FISHING AGREEMENTS SEC. 201.36 FOREIGN FISHING. (a) IN GENERAL.-After February 28, 1977, no foreign fishing is authorized within the exclusive economic zone,18 within the special areas,37 or for anadromous species or Continental Shelf fishery resources beyond such zone or areas,38 unless such foreign fishing(1) is authorized under subsection (b) or (c); (2) is not prohibited by subsection (g); and (3) is conducted under, and in accordance with, a valid and applicable permit issued pursuant to section 204. (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 202 (b) or (c)), if such agreement (1) was in effect on the date of enactment of this Act; and (2) has not expired, been renegotiated, or otherwise ceased to be of force and effect with respect to the United States. 31 Sec. 102(b) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) struck out "any foreign nation's territorial sea or exclusive economic zone (or the equivalent), to the extent that that sea or zone is recognized by the United States.", and inserted in lieu thereof "any waters of a foreign nation.". 32 Par. (3) was added by sec. 301(cX2) of Public Law 102-251 (106 Stat. 63). 33 16 U.S.C. 1812. Effective January 1, 1992, sec. 103 of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4439), substantially restated sec. 102. It formerly read as follows: "SEC. 102. EXCLUSION FOR HIGHLY MIGRATORY SPECIES. "The sovereign rights and exclusive fishery management authority asserted by the United States under section 101 over fish do not include, and may not be construed to extend to, highly migratory species of fish.". 3416 U.S.C. 1813. 35 16 U.S.C. 1811 note. 30 16 U.S.C. 1821. 37 Sec. 301(dX1XA) of Public Law 102-251 (106 Stat. 63) inserted "within the special areas,". 38 Sec. 301(dX1XB) of Public Law 102-251 (106 Stat. 63) struck out “beyond the exclusive economic zone" and inserted in lieu thereof "beyond such zone or arcas". (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 203. Any such international fishery agreement shall hereafter in this Act be referred to as a "governing international fishery agreement". Each governing international fishery agreement shall acknowledge the exclusive fishery management authority of the United States, as set forth in this Act. It is the sense of the Congress that each such agreement shall include a binding commitment, on the part of such foreign nation and its fishing vessels, to comply with the following terms and conditions: (1) The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by all regulations promulgated by the Secretary pursuant to this Act, including any regulations promulgated to implement any applicable fishery management plan or any preliminary fishery management plan. (2) The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by the requirement that (A) any officer authorized to enforce the provisions of this Act (as provided for in section 311) be permitted (i) to board, and search or inspect, any such vessel at any time, (ii) to make arrests and seizures provided for in section 311(b) whenever such officer has reasonable cause to believe, as a result of such a search or inspection, that any such vessel or any person has committed an act prohibited by section 307, and (iii) to examine and make notations on the permit issued pursuant to section 204 for such vessel; (B) the permit issued for any such vessel pursuant to section 204 be prominently displayed in the wheelhouse of such vessel; (C) transponders, or such other appropriate position-fixing and identification equipment as the Secretary of the department in which the Coast Guard is operating determines to be appropriate, be installed and maintained in working order on each such vessel; (D)39 United States observers required under subsection (i) be permitted to be stationed aboard any such vessel and that all of the costs incurred incident to such stationing, including the costs of data editing and entry and observer monitoring, be paid for, in accordance with such subsection, by the owner or operator of the vessel; (E) any fees required under section 204(b)(10) be paid in advance; 39 Sec. 2(aX1) of Public Law 97-453 (96 Stat. 2481), amended and restated subpar. (D). Subpar. (D) formerly read as follows: "(D) duly authorized United States observers be permitted on board any such vessel and that the United States be reimbursed for the cost of such observers;". |