Page:United States Statutes at Large Volume 102 Part 1.djvu/629

 PUBLIC LAW 100-330—JUNE 7, 1988

Public Law 100-330 100th Congress

102 STAT. 591

An Act To implement the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "South Pacific Tuna Act of 1988". SEC. 2. DEFINITIONS.

As used in this Act— (1) The term "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 Government. (2) The term "Authorized Officer" means any officer who is authorized by the Secretary, or the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an enforcement agreement with the Secretary under section 10(a) of this Act. (8) The term "Authorized Party Officer" means any officer authorized by a Pacific Island Party to enforce the provisions of the Treaty. (4) The term "applicable national law" means any provision of law of a Pacific Island Party which is described in paragraph 1(a) of Annex I of the Treaty. (5) The term "Closed Area" means any of the closed areas identified in Schedule 2 of Annex I of the Treaty. (6) The term "fishing" means— (A) searching for, catching, talking, 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; (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 this paragraph; or (F) aircraft use, relating to the activities described in this paragraph except for flights in emergencies involving the health or safety of crew members or the safety of a vessel. (7) The term "fishing vessel" or "vessel" means any boat, ship, or other craft which is used for, equipped to be used for, or of a type normally used for commercial fishing, and which is documented under the laws of the United States. (8) The term "Licensing Area" means all waters in the Treaty Area except for— (A) those waters subject to the jurisdiction of the United States in accordance with international law; (B) those waters within Closed Areas; and

June 7, 1988 [S. 1989] South Pacific Tuna Act of 1988. Maritime 16 USC 973 note. 16 USC 973.

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