In addition to the terms defined in Sec. 300.2, in the Act, and in the Treaty, and unless the context requires otherwise, the terms used in this subpart have the following meanings. If a term is defined differently in Sec. 300.2, the Act, or the Treaty, the definition in this section shall apply.
Administrator means the individual or organization designated by the Pacific Island Parties to act on their behalf under the Treaty and notified to the United States.
Applicable national law means any of the laws of Pacific Island Parties in the following table and any regulations or other instruments having the force of law implemented pursuant to these laws: ------------------------------------------------------------------------
Pacific Island Party Laws------------------------------------------------------------------------AUSTRALIA Antarctic Marine Living Resources
Conservation Act, 1981.
Fisheries Management Act, 1991.
Fisheries Administration Act,
1991.
Statutory Fishing Rights Charge
Act, 1991.
Fisheries Legislation
(Consequential Provisions) Act,
1991.
Foreign Fishing Licences Levy
Act, 1991.
Fishing Levy Act, 1991.
Fisheries Agreements (Payments)
Act, 1991.
Torres Strait Fisheries Act,
1984.
Whale Protection Act, 1980.
COOK ISLANDS Exclusive Economic Zone (Foreign
Fishing Craft) Regulations,
1979.
Territorial Sea and Exclusive
Economic Zone Act, 1977.
Marine Resources Act, 1989.FEDERATED STATES OF MICRONESIA Titles 18 and 24 of the Code of
the Federated States of
Micronesia, as amended by Public
Law Nos. 2-28, 2-31, 3-9, 3-10,
3-34, and 3-80.FIJI Fisheries Act (Cap. 158).
Fisheries Regulations (Cap. 158).
Marine Spaces Act (Cap. 158A).
Marine Spaces (Foreign Fishing
Vessels) Regulations, 1979.KIRIBATI Fisheries Ordinance, 1979.
Fisheries (Amendment) Act, 1984.
Marine Zones (Declaration) Act,
1983.
Fisheries (Pacific Island States'
Treaty with the United States)
Act 1988.MARSHALL ISLANDS Title 33, Marine Resources Act,
as amended by P.L. 1989-56, P.L.
1991-43, and P.L. 1992-25 of the
Marshall Islands Revised Code.NAURU Interpretation Act, 1971.
Interpretation Act (Amendment)
Act No. 1 1975.
Interpretation Act (Amendment)
Act No. 2 1975.
Marine Resources Act, 1978.NEW ZEALAND Antarctic Marine Living Resources
Act, 1981.
Continental Shelf Act, 1964.
Conservation Act, 1987.
Driftnet Prohibition Act, 1991.
Exclusive Economic Zone (Foreign
Fishing Craft) Regulations,
1978.
Fishing Industry Board Act, 1963.
Fisheries Act, 1983.
Marine Mammals Protection Act,
1978.
Marine Reserves Act, 1971.
Marine Pollution Act, 1974.
Meat Act, 1964.
Territorial Sea and Exclusive
Economic Zone Act, 1977.
Tokelau (Territorial Sea and
Exclusive Economic Zone) Act,
1977.
Submarine Cables and Pipelines
Protection Act, 1966.
Sugar Loaf Islands Marine
Protected Area Act, 1991.
Wildlife Act, 1953.NIUE Niue Fish Protection Ordinance
1965.
Sunday Fishing Prohibition Act
1980.
Territorial Sea and Exclusive
Economic Zone Act 1978.PALAU Palau National Code, Title 27.PAPUA NEW GUINEA Fisheries Act (Cap 214).
Fisheries Regulations (Cap 214).
Fisheries (Torres Strait
Protected Zone) Act, 1984.
National Seas Act (Cap 361).
Tuna Resources Management Act
(Cap 224).
Whaling Act (Cap 225).SOLOMON ISLANDS Delimitation of Marine Waters
Act, 1978.
Fisheries Act, 1972.
Fisheries Limits Act, 1977.
Fisheries Regulations, 1972.
Fisheries (Foreign Fishing
Vessels) Regulations, 1981.
Fisheries (United States of
America) (Treaty) Act 1988.TONGA Fisheries Act, 1989.TUVALU Fisheries Act (Cap 45).
Fisheries (Foreign Fishing
Vessel) Regulations, 1982.
Marine Zones (Declaration) Act,
1983.
Foreign Fishing Vessels Licensing
(US Treaty) Order 1987.VANUATU Fisheries Act 1982 (Cap 158).
Fisheries Regulations, 1983.
Maritime Zones Act 1981 (Cap
138).SAMOA Exclusive Economic Zone Act,
1977.
Territorial Sea Act, 1971.
Fisheries Act, 1988.------------------------------------------------------------------------
Authorized inspector means any individual authorized by a Pacific Island Party or the Secretary to conduct inspections, to remove samples of fish and to gather any other information relating to fisheries in the Licensing Area.
Authorized officer means any officer who is authorized by the Secretary, or the Secretary of Transportation, or the head of any Federal or state agency that has entered into an enforcement agreement with the Secretary under section 10(a) of the Act.
Authorized party officer means any officer authorized by a Pacific Island Party to enforce the provisions of the Treaty.
Closed area means any of the areas in the following table, as depicted on charts provided by the Regional Administrator and as further described in additional information that may be provided by the Regional Administrator: ------------------------------------------------------------------------
Pacific Island Party Area------------------------------------------------------------------------AUSTRALIA All waters within the seaward
boundary of the Australian
Fishing Zone (AFZ) west of a
line connecting the point of
intersection of the outer limit
of the AFZ by the parallel of
latitude 25 30 South with the
point of intersection of the
meridian of longitude 151 East
by the outer limit of the AFZ
and all waters south of the
parallel of latitude 25 30
South.COOK ISLANDS Territorial Sea.FEDERATED STATES OF MICRONESIA Three nautical mile territorial
sea and nine nautical mile
exclusive fishery zone and on
all named banks and reefs as
depicted on the following
charts:
DMAHTC NO 81019 (2nd. ed., Mar.
1945; revised 7/17/72; corrected
through NM 3/78 of 21 June
1978).
DMAHTC NO 81023 (3rd. ed., 7 Aug.
1976).
DMAHTC NO 81002 (4th. ed., 26
Jan. 1980; corrected through NM
4/80).FIJI Internal waters, archipelagic
waters and territorial seas of
Fiji and Rotuma and its
Dependencies.KIRIBATI Within archipelagic waters as
established in accordance with
Marine Zones (Declaration) Act
1983; within 12 nautical miles
drawn from the baselines from
which the territorial seas is
measured; and within 2 nautical
miles of any anchored fish
aggregating device within the
Kiribati exclusive economic zone
for which notification of its
location shall be given by
geographical coordinates.MARSHALL ISLANDS 12 nautical mile territorial sea
and area within two nautical
miles of any anchored fish
aggregating device within the
Marshall Islands exclusive
economic zone for which
notification of its location
shall be given by geographical
coordinates.NAURU The territorial waters as defined
by Nauru Interpretation Act,
1971, Section 2.NEW ZEALAND Territorial waters; waters within
6 nautical miles of outer
boundary of territorial waters;
all waters to west of New
Zealand main islands and south
of 39 South latitude; all waters
to east of New Zealand main
islands south of 40 South
latitude; and in respect of
Tokelau: areas within 12
nautical miles of all island and
reef baselines; twelve and one
half nautical miles either side
of a line joining Atafu and
Nukunonu and Faka'ofo; and
coordinates as follows:
Atafu: 83510" S, 1722930" W
Nukunonu: 90625" S, 1715210" W
91130" S, 1714700" W
Faka'ofo: 92230" S, 1711630" WNIUE Territorial sea and within 3
nautical miles of Beveridge
Reef, Antiope Reef and Haran
Reef as depicted by appropriate
symbols on NZ 225F (chart
showing the territorial sea and
exclusive economic zone of Niue
pursuant to the Niue Territorial
Sea and Exclusive Economic Zone
Act of 1978).PALAU Within 12 nautical miles of all
island baselines in the Palau
Islands; and the area:
commencing at the north-
easternmost intersection of the
outer limit of the 12 nautical
mile territorial sea of Palau by
the arc of a circle having a
radius of 50 nautical miles and
its center at Latitude 071634"
North, longitude 1342825" East,
being at about the center of the
reef entrance to Malakal Pass;
running thence generally south-
easterly, southerly, south-
westerly, westerly, north-
westerly, northerly and north-
easterly along that arc to its
intersection by the outer limit
of the 12 nautical mile
territorial sea; and thence
generally northerly, north-
easterly, easterly, south-
easterly and southerly along
that outer limit to the point of
commencement.
Where for the purpose of these
specifications it is necessary
to determine the position on the
surface of the Earth of a point,
line or area, it shall be
determined by reference to the
World Geodetic System 1984; that
is to say, by reference to a
spheroid having its center at
the center of the Earth and a
major (equatorial) radius of
6,378,137 meters and a
flattening of 1/298.2572.PAPUA NEW GUINEA All territorial seas,
archipelagic and internal
waters.SOLOMON ISLANDS All internal waters, territorial
seas and archipelagic waters;
and such additional waters
around the main group
archipelago, as defined under
the Delimitation of Marine
Waters Act 1978, not exceeding
sixty nautical miles.TONGA All waters with depths of not
more than 1,000 meters, within
the area bounded by the
fifteenth and twenty third and
one half degrees of south
latitudes and the one hundred
and seventy third and the one
hundred and seventy seventh
degrees of west longitudes; also
within a radius of twelve
nautical miles from the islands
of Teleki Tonga and Teleki
Tokelau.TUVALU Territorial sea and waters within
two nautical miles of all named
banks, that is Macaw, Kosciusko,
Rose, Bayonnaise and Hera, in
Tuvalu exclusive economic zone,
as depicted on the chart
entitled ``Tuvalu Fishery
Limits'' prepared by the United
Kingdom Hydrographic Department,
Taunton, January 11, 1981.VANUATU Archipelagic waters and the
territorial sea, and internal
waters.
SAMOA Territorial sea; reefs, banks and
sea-mounts and within 2 nautical
miles of any anchored fish
aggregating device within the
Samoa exclusive economic zone
for which notification of its
location shall be given by
geographical coordinates.------------------------------------------------------------------------
FFA Vessel Register means the registry of fishing vessels maintained by the FFA, comprising those vessels which are in good standing and licensed to fish in the waters of FFA member countries, including those vessels licensed under Sec. 300.32.
Fishing means searching for, catching, taking, or harvesting fish; attempting to search for, catch, take, or harvest fish; engaging in any other activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fish; placing, searching for, or recovering fish aggregating devices or associated electronic equipment such as radio beacons; any operations at sea directly in support of, or in preparation for, any activity described in this paragraph; or aircraft use, relating to the activities described in this definition, except for flights in emergencies involving the health or safety of crew members or the safety of a vessel.
Fishing arrangement means an arrangement between a Pacific Island Party and the owner of a U.S. fishing vessel that complies with section 6(b) of the Act.
Fishing vessel or vessel means any boat, ship, or other craft that is used for, equipped to be used for, or of a type normally used for commercial fishing, and that is documented under the laws of the United States.
Licensing Area means all waters in the Treaty Area except for:
(1) Those waters subject to the jurisdiction of the United States in accordance with international law.
(2) Those waters within closed areas.
(3) Those waters within limited areas closed to fishing.
Licensing period means the period of validity of licenses issued in accordance with the Treaty.
Operator means any person who is in charge of, directs or controls a vessel, including the owner, charterer and master.
Pacific Island Party means a Pacific island nation that is a party to the Treaty.
Pacific Islands Forum Fisheries Agency or FFA means the organization established by the 1979 South Pacific Forum Fisheries Agency Convention.
Regional Administrator means the Regional Administrator, Pacific Islands Region, NMFS, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818, facsimile: 808-725-5215, or a designee.
Transship means to unload any or all of the fish on board a licensed vessel either ashore or onto another vessel.
Treaty Area means all waters north of 60 S. lat. and east of 90 E. long., subject to the fisheries jurisdiction of Pacific Island Parties, and all other waters within rhumb lines connecting the following points, except for waters subject to the jurisdiction in accordance with international law of a State which is not a party to the Treaty: ------------------------------------------------------------------------
Point Latitude Longitude------------------------------------------------------------------------A 23539" S 1410000" EB 10135" N 1404835" EC 10135" N 1293000" ED 100000" N 1293000" EE 140000" N 1400000" EF 140000" N 1420000" EG 123000" N 1420000" EH 123000" N 1580000" EI 150000" N 1580000" EJ 150000" N 1650000" EK 180000" N 1650000" EL 180000" N 1740000" EM 120000" N 1740000" EN 120000" N 1760000" EO 50000" N 1760000" EP 10000" N 1800000"Q 10000" N 1640000" WR 80000" N 1640000" WS 80000" N 1580000" WT 00000" 1500000" WU 60000" S 1500000" WV 60000" S 1460000" WW 120000" S 1460000" WX 260000" S 1570000" WY 260000" S 1740000" WZ 400000" S 1740000" WAA 400000" S 1710000" WAB 460000" S 1710000" WAC 550000" S 1800000"AD 590000" S 1600000" E
AE 590000" S 1520000" E and north along
the 152 degrees of East
longitude until
intersecting the Australian
200-nautical-mile limit.------------------------------------------------------------------------
UTC means Universal Coordinated Time.
Vessel Monitoring System Unit or VMS unit, sometimes known as a ``mobile transmitting unit,'' means Administrator-approved and NMFS-approved VMS unit hardware and software that is installed on a vessel pursuant to Sec. 300.45. The VMS units are a component of the regional vessel monitoring system administered by the FFA, as well as of the vessel monitoring system administered by NMFS, and as such are used to transmit information between the vessel and the Administrator and NMFS and/or other reporting points designated by NMFS. [61 FR 35550, July 5, 1996, as amended at 72 FR 6149, Feb. 9, 2007; 75 FR 74643, Dec. 1, 2010; 79 FR 64110, Oct. 28, 2014]