U.S. Code
»
Title 16
» Chapter CHAPTER 88— WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION
16 U.S.C. § 6901
Definitions
In this chapter:(1) 1982 ConventionThe term “1982 Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982.
(2) AgreementThe term “Agreement” means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.
(3) CommissionThe term “Commission” means the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean established in accordance with this Convention.
(4) Convention areaThe term “convention area” means all waters of the Pacific Ocean bounded to the south and to the east by the following line:
From the south coast of Australia due south along the 141th meridian of east longitude to its intersection with the 55th parallel of south latitude; thence due east along the 55th parallel of south latitude to its intersection with the 150th meridian of east longitude; thence due south along the 150th meridian of east longitude to its intersection with the 60th parallel of south latitude; thence due east along the 60th parallel of south latitude to its intersection with the 130th meridian of west longitude; thence due north along the 130th meridian of west longitude to its intersection with the 4th parallel of south latitude; thence due west along the 4th parallel of south latitude to its intersection with the 150th meridian of west longitude; thence due north along the 150th meridian of west longitude.
(5) Exclusive economic zoneThe term “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030 of March 10, 1983.
(6) FishingThe term “fishing” means—(A) searching for, catching, taking, or harvesting fish;(B) attempting to search for, catch, take, or harvest fish;(C) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking, or harvesting of fish for any purpose;(D) placing, searching for, or recovering fish aggregating devices or associated electronic equipment such as radio beacons;(E) any operations at sea directly in support of, or in preparation for, any activity described in subparagraphs (A) through (D), including transshipment; and(F) use of any other vessel, vehicle, aircraft, or hovercraft, for any activity described in subparagraphs (A) through (E) except for emergencies involving the health and safety of the crew or the safety of a vessel.(7) Fishing vesselThe term “fishing vessel” means any vessel used or intended for use for the purpose of fishing, including support ships, carrier vessels, and any other vessel directly involved in such fishing operations.
(8) Highly migratory fish stocksThe term “highly migratory fish stocks” means all fish stocks of the species listed in Annex 1 of the 1982 Convention, except sauries, occurring in the Convention Area,11 So in original. Probably should not be capitalized. and such other species of fish as the Commission may determine.
(9) SecretaryThe term “Secretary” means the Secretary of Commerce.
(10) StateThe term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States.
(11) TranshipmentThe term “transshipment” means the unloading of all or any of the fish on board a fishing vessel to another fishing vessel either at sea or in port.
(12) WCPFC Convention; Western and Central Pacific ConventionThe terms “WCPFC Convention” and “Western and Central Pacific Convention” means the Convention on the Conservation and Management of the Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, (including any annexes, amendments, or protocols which are in force, or have come into force, for the United States) which was adopted at Honolulu, Hawaii, on September 5, 2000, by the Multilateral High Level Conference on the Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.
(Pub. L. 109–479, title V, § 502, Jan. 12, 2007, 120 Stat. 3635.)Editorial NotesReferences in TextPresidential Proclamation Numbered 5030, referred to in par. (5), is Proc. No. 5030, Mar. 10, 1983, 48 F.R. 10605, which is set out as a note under section 1453 of this title.
Statutory Notes and Related SubsidiariesShort TitlePub. L. 109–479, title V, § 501, Jan. 12, 2007, 120 Stat. 3635, provided that: “This title [enacting this chapter] may be cited as the ‘Western and Central Pacific Fisheries Convention Implementation Act’.”
Notes of Decisions
Pac. Ranger, LLC v. Pritzker, 211 F. Supp. 3d 196 (D.D.C. 2016).
· cites it 2× “the charges, an Administrative Law Judge (“ALJ”) determined that Plaintiffs had violated the MMPA in the fall of 2010 when they set their fishing net on whales during five tuna-fishing expeditions, and that, on another occasion during this same timeframe, Plaintiffs had breached…”
Am. Tunaboat Ass'n v. Ross, 391 F. Supp. 3d 98 (D.C. Cir. 2019).
· cites it 2× “§ 973 ; the Western and Central Pacific Fisheries Convention Implementation Act, 16 U.S.C. § 6901 et seq. ; the High Seas Fishing Compliance Act of 1955, 16 U.”
Black v. Pritzker, 121 F. Supp. 3d 63 (D.D.C. 2015).
· cites it 2× “Sullivan, in her official capacity as Administrator of the National Oceanic and Atmospheric Administration (“NOAA Administrator”), to review the final decisions of the NOAA Administrator imposing civil penalties on Plaintiffs for violations of the Western and Central Pacific…”
Am. Tunaboat Ass'n v. Ross (D.D.C. 2019).
· cites it 2× “§ 973 ; the Western and Central Pacific Fisheries Convention Implementation Act, 16 U.S.C. § 6901 et seq.; the High Seas Fishing Compliance Act of 1955, 16 U.”
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