16 U.S. Code § 971 - Definitions

For the purpose of this chapter—

(1) The term “Convention” means the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, including any amendments or protocols which are or become effective for the United States.

(2) The term “Commission” means the International Commission for the Conservation of Atlantic Tunas provided for in article III of the Convention.

(3) The term “conservation recommendation” means any recommendation of the Commission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under section 971c(a) of this title.

(4) The term “Council” means the Council established within the International Commission for the Conservation of Atlantic Tunas pursuant to article V of the Convention.

(5) The term “exclusive economic zone” means an exclusive economic zone as defined in section 1802 of this title.

(6) The term “fishing” means the catching, taking, or fishing for or the attempted catching, taking, or fishing for any species of fish covered by the Convention, or any activities in support thereof.

(7) The term “fishing vessel” means any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities.

(8) The term “Panel” means any panel established by the Commission pursuant to article VI of the Convention.

(9) The term “person” means every individual, partnership, corporation, and association subject to the jurisdiction of the United States.

(10) The term “Secretary” means the Secretary of Commerce.

(11) The term “State” includes each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

(Pub. L. 94–70, § 2, Aug. 5, 1975, 89 Stat. 385; Pub. L. 94–265, title IV, § 405(a), Apr. 13, 1976, 90 Stat. 361; Pub. L. 95–33, § 2, May 26, 1977, 91 Stat. 173; Pub. L. 104–43, title III, § 303(1), (2), Nov. 3, 1995, 109 Stat. 384; Pub. L. 105–384, title II, § 202(b)(1)(A), (F), Nov. 13, 1998, 112 Stat. 3452, 3453.)

Editorial Notes

Amendments

1998—Pars. (4), (5). Pub. L. 105–384 renumbered par. (4) defining “exclusive economic zone” as par. (5) and made technical amendment to reference in original act which appears in text as reference to section 1802 of this title.

1995—Par. (3). Pub. L. 104–43, § 303(1), added par. (3). Former par. (3) redesignated (4).

Par. (4). Pub. L. 104–43, § 303(2), added par. (4) defining “exclusive economic zone”. Former par. (4) redesignated (5).

Pub. L. 104–43, § 303(1), redesignated par. (3) defining “Council” as (4).

Par. (5). Pub. L. 104–43, § 303(2), struck out par. (5) which read as follows: “The term ‘fisheries zone’ means the waters included within a zone contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the outer boundary is a line drawn in such a manner that each point on it is two hundred nautical miles from the baseline from which the territorial sea is measured; or similar zones established by other parties to the Convention to the extent that such zones are recognized by the United States.”

Pub. L. 104–43, § 303(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Pars. (6) to (11). Pub. L. 104–43, § 303(1), redesignated pars. (5) to (10) as (6) to (11), respectively.

1977—Par. (4). Pub. L. 95–33 struck out the comma between “zone” and “contiguous”, substituted “two hundred” for “200”, and substituted a semicolon for a comma after “is measured”.

1976—Par. (4). Pub. L. 94–265, which directed the substitution of “the waters included within a zone, contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal state, and the outer boundary is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured,” for “the fisheries zone established pursuant to the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094)”, was executed by making the substitution for “the entire zone established by the United States under the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091–1094)”, to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Pub. L. 94–265, title IV, § 405(b), Apr. 13, 1976, 90 Stat. 361, provided that the amendment made by section 405(a) of Pub. L. 94–265 to this section was to take effect Mar. 1, 1977, prior to the general amendment of title IV of Pub. L. 94–265 by Pub. L. 104–297.

Short Title of 1995 Amendment

Pub. L. 104–43, title III, § 301, Nov. 3, 1995, 109 Stat. 382, provided that:

“This title [enacting sections 971j and 971k of this title, amending this section and sections 971b, 971c to 971e, 971h, and 971i of this title, and enacting provisions set out as a note under section 971c of this title] may be cited as the ‘Atlantic Tunas Convention Authorization Act of 1995’.”

Short Title

Pub. L. 94–70, § 1, Aug. 5, 1975, 89 Stat. 385, provided:

“That this Act [enacting this chapter and provisions set out below] may be cited as the ‘Atlantic Tunas Convention Act of 1975’.”

Separability

Pub. L. 94–70, § 12, formerly § 11, Aug. 5, 1975, 89 Stat. 394; renumbered § 13, Pub. L. 105–384, title II, § 202(b)(1)(D), Nov. 13, 1998, 112 Stat. 3452; renumbered § 12, Pub. L. 114–81, title I, § 107(5), Nov. 5, 2015, 129 Stat. 658, provided that:

“If any provision of this Act [this chapter] or the application of such provision to any circumstance or persons shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other circumstances or persons shall not be affected thereby.”