Page images
PDF
EPUB

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.

(3) The term "Continental Shelf" means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territorial sea, of the United States, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of such areas.

(4) The term "Continental Shelf fishery resources" means the following:

COLENTERATA

Bamboo Coral-Acanella spp.;
Black Coral-Antipathes spp.;
Gold Coral-Callogorgia spp.;
Precious Red Coral-Corallium spp.;
Bamboo Coral-Keratoisis spp.; and
Gold Coral-Parazoanthus spp.

CRUSTACEA

Tanner Crab-Chionoecetes tanneri;
Tanner Crab Chionoecetes opilio;
Tanner Crab Chionoecetes angulatus;
Tanner Crab Chionoecetes bairdi;
King Crab-Paralithodes camtschatica;
King Crab―Paralithodes platypus;
King Crab-Paralithodes brevipes;
Lobster-Homarus americanus;

Dungeness Crab-Cancer magister;

California King Crab-Paralithodes californiensis;
California King Crab-Paralithodes rathbuni;

Golden King Crab-Lithodes aequispinus;

Northern Stone Crab-Lithodes maja;

Stone Crab-Menippe mercenaria; and

Deep-sea Red Crab-Geryon quinquedens.

MOLLUSKS

Red Abalone-Haliotis rufescens;

Pink Abalone-Haliotis corrugata;

Japanese Abalone-Haliotis kamtschatkana;

Queen Conch-Strombus gigas;

Surf Clam-Spisula solidissima; and

Ocean Quahog-Arctica islandica.

SPONGES

Glove Sponge-Spongia cheiris; 16
Sheepswool Sponge-Hippiospongia lachne;
Grass Sponge-Spongia graminea; and

Yellow Sponge-Spongia barbera.

If the Secretary determines, after consultation with the Secretary of State, that living organisms of any other sedentary species are at the harvestable stage, either

(A) immobile on or under the seabed, or

(B) unable to move except in constant physical contact with the seabed or subsoil,

of the Continental Shelf which appertains to the United States, and publishes notice of such determination in the Federal Register, such sedentary species shall be considered to be added to the foregoing list and included in such term for purposes of this Act.

(5) The term "Council" means any Regional Fishery Management Council established under section 302.

(6) 17 The term "exclusive economic zone" means the zone established by Proclamation Numbered 5030, dated March 10, 1983. For purposes of applying this Act, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States.

(7) 17 The term "fish" means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds. 18

(8) 17 The term "fishery" means

(A) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and (B) any fishing for such stocks.

(9) The term "fishery resource" means any fishery, any stock of fish, any species of fish, and any habitat of fish. (10) The term "fishing" means

(A) The catching, taking, or harvesting of fish;

(B) The attempted catching, taking, or harvesting of fish; (C) any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or (D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C).

Such term does not include any scientific research activity which is conducted by a scientific research vessel.

16 Sec. 112(2) of Public Law 99-659 (100 Stat. 3715) replaced the term "Hippiospongia canalicu lata" with the current term.

17 Par. 6 was added by sec. 101(a) of Public Law 99-659 (100 Stat. 3706). Sec. 101(a) also renumbered former pars. (6) and (7) as (7) and (8) and struck out former par. (8) which had defined the term "fishery conservation zone".

Sec. 101(c)(2) of that Act replaced the term "fishery conservation zone" with the term "exclusive economic zone" each time it appears in the Magnuson Fishery Conservation and Manage ment Act.

18 Sec. 102(a)(2) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) struck out ", birds and highly migratory species" and inserted in lieu thereof "and birds".

(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) 19 The term "highly migratory species" means tuna 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) 20 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) 21 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) 22 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) 21 The term "national standards" means the national standards for fishery conservation and management set forth in section 301.

19 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.".

20 Sec. 102(a)(4) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) added a new par. (16). See also note 21.

21 Sec. 102(a)(1) 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). 22 Sec. 102(a)(5) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) added a new par. (18). See also note 21.

(20) 23 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) 21 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) 21 The term "Secretary" means the Secretary of Commerce or his designee.

(24) 21 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.

(25) 21 The term "stock of fish" means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit.

(26) 21 The term "treaty" means any international fishery agreement which is a treaty within the meaning of section 2 of article II of the Constitution.

(27) 24 The term "tuna species" means the following:
Albacore Tuna-Thunnus alalunga;

Bigeye Tuna-Thunnus obesus;
Bluefin Tuna-Thunnus thynnus;

Skipjack Tuna-Katsuwonus pelamis; and
Yellowfin Tuna-Thunnus albacares.

(28) 21 The term "United States", when used in a geographical context, means all the States thereof.

(29) 21, 25 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.

23 Sec. 102(a)(6) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) added a new par. (20). See also note 21.

24 Sec. 102(a)(7) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) added a new par. (27). See also note 21.

25 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.".

(30) 21, 25 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. (31) 21. 25 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.

(32) 26 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
REGARDING FISH AND FISHERY RESOURCES

SEC. 101.27. 28 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.

(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; except that that management authority does not extend to any such species during the time they are found within any waters of a foreign nation. 29

(2) All Continental Shelf fishery resources beyond the exclusive economic zone.

SEC. 102.28, 29a 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

26 Sec. 102(a)(8) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) added a new par. (32). See also note 21.

27 16 U.S.C. 1811.

28 Secs. 101 and 102 were comprehensively amended and restated by sec. 101(b) of Public Law 99-659 (100 Stat. 3706).

29 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.".

29 16 U.S.C. 1812. Effective January 1, 1992, pursuant to sec. 103(c) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4439), sec. 102 of this Act will read as follows, incorporating the amendments provided in sec. 103(a) and (b) of that Act:

Continued

« PreviousContinue »