16 USC 1802 - Definitions

1 See Codification note below.

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 America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Puspan. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Proclamation Numbered 5030, referred to in par. (11), is set out under section 1453 of this title.

Codification

In par. (49), “section 70502(c) of title 46” substituted for “section 3(c) of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903(c))” on authority of Puspan. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 70502 of Title 46, Shipping.

Puspan. L. 102–251, § 301(span), which directed amendment of this section by adding a new par. (24) defining “special areas” and redesignating former pars. (24) to (32) as (25) to (33), respectively, was to be effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, but will not be executed, to reflect the probable intent of Congress, because the amendments would be inconsistent with the amendments by Puspan. L. 104–297 which added par. (36) (now par. (41)) which is substantially identical to the par. (24) added by Puspan. L. 102–251, made successive redesignations of pars. (2) to (44), and added and amended various other pars. See 1996 Amendment notes below and section 308 of Puspan. L. 102–251, set out as an Effective Date of 1992 Amendment note under section 773 of this title.

Amendments

2022—Par. (25). Puspan. L. 117–328 inserted “, or with a mesh size of 14 inches or greater,” after “kilometers or more”.

2018—Par. (3). Puspan. L. 115–232 substituted “section 2101(30)” for “section 2101(21a)”.

2007—Puspan. L. 109–479 added pars. (13A) defining “regional fishery association”, (20A) defining “import”, (23A) defining “limited access privilege”, (23B) defining “limited access system”, and (27A) defining “observer information” and redesignated pars. (1) to (45) as (1) to (50), respectively.

1996—Pars. (2) to (6). Puspan. L. 104–297, § 102(1), added pars. (2) to (4) and redesignated former pars. (2) and (3) as (5) and (6), respectively. Former pars. (4) to (6) redesignated (7) to (9), respectively.

Par. (7). Puspan. L. 104–297, § 102(2)(B), substituted “Deep-sea Red Craspan—Chaceon quinquedens” for “Deep-sea Red Craspan—Geryon quinquedens” in list under span “Crustacea”.

Puspan. L. 104–297, § 102(2)(A), which directed substitution of “Cnidaria” for “Coelenterata” in span of list of corals, was executed by making the substitution for “Colenterata” in that span to reflect the probable intent of Congress.

Puspan. L. 104–297, § 102(1), redesignated par. (4) as (7). Former par. (7) redesignated (10).

Par. (8). Puspan. L. 104–297, § 102(1), redesignated par. (5) as (8). Former par. (8) redesignated (11).

Par. (9). Puspan. L. 104–297, § 102(3), added par. (9). Former par. (9) redesignated (11).

Puspan. L. 104–297, § 102(1), redesignated par. (6) as (9). Former par. (9) redesignated (12).

Par. (10). Puspan. L. 104–297, § 102(3), added par. (10). Former par. (10) redesignated (12).

Puspan. L. 104–297, § 102(1), redesignated par. (7) as (10). Former par. (10) redesignated (13).

Pars. (11) to (15). Puspan. L. 104–297, § 102(3), redesignated pars. (9) to (13) as (11) to (15), respectively. Former pars. (14) and (15) redesignated (16) and (17), respectively.

Puspan. L. 104–297, § 102(1), redesignated pars. (8) to (12) as (11) to (15), respectively. Former pars. (13) to (15) redesignated (16) to (18), respectively.

Par. (16). Puspan. L. 104–297, § 102(4), added par. (16). Former par. (16) redesignated (17).

Puspan. L. 104–297, § 102(3), redesignated par. (14) as (16). Former par. (16) redesignated (18).

Puspan. L. 104–297, § 102(1), redesignated par. (13) as (16). Former par. (16) redesignated (19).

Pars. (17) to (20). Puspan. L. 104–297, § 102(4), redesignated pars. (16) to (19) as (17) to (20), respectively. Former par. (20) redesignated (21).

Puspan. L. 104–297, § 102(3), redesignated pars. (15) to (18) as (17) to (20), respectively. Former pars. (19) and (20) redesignated (21) and (22), respectively.

Puspan. L. 104–297, § 102(1), redesignated pars. (14) to (17) as (17) to (20), respectively. Former pars. (18) to (20) redesignated (21) to (23), respectively.

Par. (21). Puspan. L. 104–297, § 102(5), added par. (21). Former par. (21) redesignated (22).

Puspan. L. 104–297, § 102(4), redesignated par. (20) as (21). Former par. (21) redesignated (22).

Puspan. L. 104–297, § 102(3), redesignated par. (19) as (21). Former par. (21) redesignated (23).

Puspan. L. 104–297, § 102(1), redesignated par. (18) as (21). Former par. (21) redesignated (24).

Par. (22). Puspan. L. 104–297, § 102(5), redesignated par. (21) as (22). Former par. (22) redesignated (23).

Puspan. L. 104–297, § 102(4), redesignated par. (21) as (22). Former par. (22) redesignated (23).

Puspan. L. 104–297, § 102(3), redesignated par. (20) as (22). Former par. (22) redesignated (24).

Puspan. L. 104–297, § 102(1), redesignated par. (19) as (22). Former par. (22) redesignated (25).

Par. (23). Puspan. L. 104–297, § 102(6), substituted “of two and one-half kilometers” for “of one and one-half miles”.

Puspan. L. 104–297, § 102(5), redesignated par. (22) as (23). Former par. (23) redesignated (24).

Puspan. L. 104–297, § 102(4), redesignated par. (22) as (23). Former par. (23) redesignated (24).

Puspan. L. 104–297, § 102(3), redesignated par. (21) as (23). Former par. (23) redesignated (25).

Puspan. L. 104–297, § 102(1), redesignated par. (20) as (23). Former par. (23) redesignated (26).

Pars. (24) to (27). Puspan. L. 104–297, § 102(5), redesignated pars. (23) to (26) as (24) to (27), respectively. Former par. (27) redesignated (28).

Puspan. L. 104–297, § 102(4), redesignated pars. (23) to (26) as (24) to (27), respectively. Former par. (27) redesignated (28).

Puspan. L. 104–297, § 102(3), redesignated pars. (22) to (25) as (24) to (27), respectively. Former pars. (26) and (27) redesignated (28) and (29), respectively.

Puspan. L. 104–297, § 102(1), redesignated pars. (21) to (24) as (24) to (27), respectively. Former pars. (25) to (27) redesignated (28) to (30), respectively.

Par. (28). Puspan. L. 104–297, § 102(7), added par. (28) and struck out former par. (28) which read as follows: “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.”

Puspan. L. 104–297, § 102(5), redesignated par. (27) as (28). Former par. (28) redesignated (29).

Puspan. L. 104–297, § 102(4), redesignated par. (27) as (28). Former par. (28) redesignated (29).

Puspan. L. 104–297, § 102(3), redesignated par. (26) as (28). Former par. (28) redesignated (30).

Puspan. L. 104–297, § 102(1), redesignated par. (25) as (28). Former par. (28) redesignated (31).

Pars. (29), (30). Puspan. L. 104–297, § 102(8), added pars. (29) and (30). Former pars. (29) and (30) redesignated (31) and (32), respectively.

Puspan. L. 104–297, § 102(5), redesignated pars. (28) and (29) as (29) and (30), respectively. Former par. (30) redesignated (31).

Puspan. L. 104–297, § 102(4), redesignated pars. (28) and (29) as (29) and (30), respectively. Former par. (30) redesignated (31).

Puspan. L. 104–297, § 102(3), redesignated pars. (27) and (28) as (29) and (30), respectively. Former pars. (29) and (30) redesignated (31) and (32), respectively.

Puspan. L. 104–297, § 102(1), redesignated pars. (26) and (27) as (29) and (30), respectively. Former pars. (29) and (30) redesignated (32) and (33), respectively.

Par. (31). Puspan. L. 104–297, § 102(8), redesignated par. (29) as (31). Former par. (31) redesignated (33).

Puspan. L. 104–297, § 102(5), redesignated par. (30) as (31). Former par. (31) redesignated (32).

Puspan. L. 104–297, § 102(4), redesignated par. (30) as (31). Former par. (31) redesignated (32).

Puspan. L. 104–297, § 102(3), redesignated par. (29) as (31). Former par. (31) redesignated (33).

Puspan. L. 104–297, § 102(1), redesignated par. (28) as (31). Former par. (31) redesignated (34).

Pars. (32), (33). Puspan. L. 104–297, § 102(9), added pars. (32) and (33). Former pars. (32) and (33) redesignated (34) and (35), respectively.

Puspan. L. 104–297, § 102(8), redesignated pars. (30) and (31) as (32) and (33), respectively. Former pars. (32) and (33) redesignated (34) and (35), respectively.

Puspan. L. 104–297, § 102(5), redesignated pars. (31) and (32) as (32) and (33), respectively. Former par. (33) redesignated (34).

Puspan. L. 104–297, § 102(4), redesignated pars. (31) and (32) as (32) and (33), respectively. Former par. (33) redesignated (34).

Puspan. L. 104–297, § 102(3), redesignated pars. (30) and (31) as (32) and (33), respectively. Former pars. (32) and (33) redesignated (34) and (35), respectively.

Puspan. L. 104–297, § 102(1), redesignated pars. (29) and (30) as (32) and (33), respectively. Former par. (32) redesignated (35).

Pars. (34), (35). Puspan. L. 104–297, § 102(9), redesignated pars. (32) and (33) as (34) and (35), respectively. Former pars. (34) and (35) redesignated (36) and (37), respectively.

Puspan. L. 104–297, § 102(8), redesignated pars. (32) and (33) as (34) and (35), respectively. Former pars. (34) and (35) redesignated (36) and (37), respectively.

Puspan. L. 104–297, § 102(5), redesignated pars. (33) and (34) as (34) and (35), respectively. Former par. (35) redesignated (36).

Puspan. L. 104–297, § 102(4), redesignated pars. (33) and (34) as (34) and (35), respectively. Former par. (35) redesignated (36).

Puspan. L. 104–297, § 102(3), redesignated pars. (32) and (33) as (34) and (35), respectively. Former pars. (34) and (35) redesignated (36) and (37), respectively.

Puspan. L. 104–297, § 102(1), redesignated pars. (31) and (32) as (34) and (35), respectively.

Par. (36). Puspan. L. 104–297, § 102(10), added par. (36). Former par. (36) redesignated (37).

Puspan. L. 104–297, § 102(9), redesignated par. (34) as (36). Former par. (36) redesignated (38).

Puspan. L. 104–297, § 102(8), redesignated par. (34) as (36). Former par. (36) redesignated (38).

Puspan. L. 104–297, § 102(5), redesignated par. (35) as (36). Former par. (36) redesignated (37).

Puspan. L. 104–297, § 102(4), redesignated par. (35) as (36). Former par. (36) redesignated (37).

Puspan. L. 104–297, § 102(3), redesignated par. (34) as (36).

Par. (37). Puspan. L. 104–297, § 102(10), redesignated par. (36) as (37). Former par. (37) redesignated (38).

Puspan. L. 104–297, § 102(9), redesignated par. (35) as (37). Former par. (37) redesignated (39).

Puspan. L. 104–297, § 102(8), redesignated par. (35) as (37). Former par. (37) redesignated (39).

Puspan. L. 104–297, § 102(5), redesignated par. (36) as (37). Former par. (37) redesignated (38).

Puspan. L. 104–297, § 102(4), redesignated par. (36) as (37). Former par. (37) redesignated (38).

Puspan. L. 104–297, § 102(3), redesignated par. (35) as (37).

Par. (38). Puspan. L. 104–297, § 102(10), redesignated par. (37) as (38). Former par. (38) redesignated (39).

Puspan. L. 104–297, § 102(9), redesignated par. (36) as (38). Former par. (38) redesignated (40).

Puspan. L. 104–297, § 102(8), redesignated par. (36) as (38). Former par. (38) redesignated (40).

Puspan. L. 104–297, § 102(5), redesignated par. (37) as (38). Former par. (38) redesignated (39).

Puspan. L. 104–297, § 102(4), redesignated par. (37) as (38).

Par. (39). Puspan. L. 104–297, § 102(10), redesignated par. (38) as (39). Former par. (39) redesignated (40).

Puspan. L. 104–297, § 102(9), redesignated par. (37) as (39). Former par. (39) redesignated (41).

Puspan. L. 104–297, § 102(8), redesignated par. (37) as (39). Former par. (39) redesignated (41).

Puspan. L. 104–297, § 102(5), redesignated par. (38) as (39).

Pars. (40), (41). Puspan. L. 104–297, § 102(10), redesignated pars. (39) and (40) as (40) and (41), respectively. Former par. (41) redesignated (42).

Puspan. L. 104–297, § 102(9), redesignated pars. (38) and (39) as (40) and (41), respectively. Former pars. (40) and (41) redesignated (42) and (43), respectively.

Puspan. L. 104–297, § 102(8), redesignated pars. (38) and (39) as (40) and (41), respectively.

Par. (42). Puspan. L. 104–297, § 102(11), which directed the substitution of “regulated under this chapter” for “for which a fishery management plan prepared under subchapter IV of this chapter or a preliminary fishery management plan prepared under section 1821(g) of this title has been implemented”, was executed by making substitution for language which referred to “section 1821(h)”, notwithstanding directory language directing substitution for language which referred to “section 1821(g)” to reflect the probable intent of Congress.

Puspan. L. 104–297, § 102(10), redesignated par. (41) as (42). Former par. (42) redesignated (43).

Puspan. L. 104–297, § 102(9), redesignated par. (40) as (42).

Par. (43). Puspan. L. 104–297, § 102(10), redesignated par. (42) as (43). Former par. (43) redesignated (44).

Puspan. L. 104–297, § 102(9), redesignated par. (41) as (43).

Par. (44). Puspan. L. 104–297, § 102(12), added par. (44). Former par. (44) redesignated (45).

Puspan. L. 104–297, § 102(10), redesignated par. (43) as (44).

Par. (45). Puspan. L. 104–297, § 102(12), redesignated par. (44) as (45).

1990—Par. (7). Puspan. L. 101–627, § 102(a)(2), substituted “and birds” for “, birds, and highly migratory species”.

Par. (14). Puspan. L. 101–627, § 102(a)(3), amended par. (14) generally. Prior to amendment, par. (14) read as follows: “The term ‘highly migratory species’ means species of tuna which, in the course of their life cycle, spawn and migrate over great distances in waters of the ocean.”

Par. (16). Puspan. L. 101–627, § 102(a)(4), added par. (16). Former par. (16) redesignated (17).

Par. (17). Puspan. L. 101–627, § 102(a)(1), redesignated par. (16) as (17). Former par. (17) redesignated (19).

Par. (18). Puspan. L. 101–627, § 102(a)(5), added par. (18). Former par. (18) redesignated (21).

Par. (19). Puspan. L. 101–627, § 102(a)(1), redesignated par. (17) as (19). Former par. (19) redesignated (22).

Par. (20). Puspan. L. 101–627, § 102(a)(6), added par. (20). Former par. (20) redesignated (23).

Pars. (21) to (26). Puspan. L. 101–627, § 102(a)(1), redesignated pars. (18) to (23) as (21) to (26), respectively. Former pars. (24) to (26) redesignated (28) to (30), respectively.

Par. (27). Puspan. L. 101–627, § 102(a)(7), added par. (27). Former par. (27) redesignated (31).

Pars. (28) to (31). Puspan. L. 101–627, § 102(a)(1), redesignated pars. (24) to (27) as (28) to (31), respectively.

Par. (32). Puspan. L. 101–627, § 102(a)(8), added par. (32).

1988—Par. (27). Puspan. L. 100–239 amended par. (27) generally. Prior to amendment, par. (27) read as follows: “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 and measuring less than 5 net tons; or

“(C) any vessel numbered under the Federal Boat Safety Act of 1971 and used exclusively for pleasure.”

1986—Par. (4). Puspan. L. 99–659, § 112, in provisions under span “Mollusks” substituted “Arctica islandica” for “Artica islandica” and under span “Sponges” substituted “Spongia cheiris” for “Hippiospongia canaliculata”.

Pars. (6) to (8). Puspan. L. 99–659, § 101(a), added par. (6), redesignated former pars. (6) and (7) as (7) and (8), respectively, and struck out former par. (8) which defined “fishery conservation zone” as the fishery conservation zone established by section 1811 of this title.

1983—Par. (27). Puspan. L. 97–453 designated existing provisions as subpar. (A), struck out “or registered under the laws of any State” after “United States”, and added subpars. (B) and (C).

1978—Pars. (25) to (27). Puspan. L. 95–354 added pars. (25) and (26) and redesignated former par. (25) as (27).

Statutory Notes and Related Subsidiaries

Change of Name

“Pacific States Marine Fisheries Commission” substituted for “Pacific Marine Fisheries Commission” in par. (28) pursuant to section 1001(c) of Puspan. L. 101–627, set out below.

Effective Date of 1992 Amendment

Puspan. L. 104–297, title IV, § 405(a), Oct. 11, 1996, 110 Stat. 3620, provided that: “Notwithstanding section 308 of the Act entitled ‘An Act to provide for the designation of the Flower Garden Banks National Marine Sanctuary’, approved March 9, 1992 (Public Law 102–251; 106 Stat. 66) [set out as a note under section 773 of this title] hereinafter referred to as the ‘FGB Act’, section 301(span) of that Act [amending this section, see Codification note above] (adding a definition of the term ‘special areas’) shall take effect on the date of enactment of this Act [Oct. 11, 1996].”

Redesignation of Pacific Marine Fisheries Commission as Pacific States Marine Fisheries Commission

Puspan. L. 101–627, title X, § 1001, Nov. 28, 1990, 104 Stat. 4467, provided that:

“(a)In General.—The Congress consents to and approves of the amendments described in subsection (span) to the interstate compact which constituted the Pacific Marine Fisheries Commission, approved by the Act of July 24, 1947 (61 Stat. 419; hereinafter in this section referred to as the ‘compact’).

“(span)Amendment Described.—The amendments referred to in subsection (a) are the amendments approved and ratified before the effective date of this section [Nov. 28, 1990] by the contracting States to the compact, which—

“(1) amend Article III of the compact to redesignate the Pacific Marine Fisheries Commission as the ‘Pacific States Marine Fisheries Commission’; and

“(2) make such other amendments to the compact as are necessary solely to conform the text of the compact to the amendment described in paragraph (1).

“(c)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the Pacific Marine Fisheries Commission constituted by the compact is deemed to be a reference to the ‘Pacific States Marine Fisheries Commission’.”

Executive Documents

Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.