Page:United States Statutes at Large Volume 92 Part 1.djvu/769

 PUBLIC LAW 95-376—SEPT. 18, 1978 (7) by amending subsection (g)— (A) by striking out "in force" in paragraph (3) and inserting in lieu thereof "in effect", (B) by striking out "to which the United States is a signatory party," and inserting in lieu thereof "which is in force with respect to the United States,", and (C) by adding at the end thereof the following: "(5) The term 'international program for endangered or threatened species' means any ban, restriction, regulation, or other measure in effect pursuant to a multilateral agreement which is in force with respect to the United States, the purpose of which is to protect endangered or threatened species of animals. "(6) The term 'wildlife products' means fish (other than those to which paragraph (4) applies) and wild animals, and parts (including eggs) thereof, taken within an offending country and all products of any such fish and wild animals, or parts thereof, whether or not such products are packed, processed, or otherwise prepared for export in such country or within the jurisdiction thereof. Such term does not include any wild animal or fish if brought or imported into the United States for scientific research. "(T) The term 'taking' means— "(A) for purposes of subsection (a)(2) — "(i) to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or " (ii) to attempt to engage in any such conduct with respect to, animals to which an international program for endangered or threatened species applies; and "(B) for pilrposes of paragraph (6), any conduct described in subparagraph (A)(i), whether or not such conduct is legal under the laws of the offending country, undertaken with respect to any wild animal.". SEC. 3. (a) Section 10 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1980) is amended to read as follows: "SEC. 10. (a) For purposes of this section— "(1) The terms 'fishery', 'fishery conservation zone', 'fishing', 'fishing vessel', 'Secretary', and 'vessel of the United States' shall each have the same respective meaning as is given to such terms in section 3 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1802). • "(2) The term 'fishing gear' means any equipment or appurtenance which is necessary for the carrying out of fishing operations by a fishing vessel, whether or not such equipment or appurtenance is attached to sudh vessel. "(3) The term 'fund' means the Fishing Vessel and Gear Damage Compensation Fund established under subsection (f). "(b) Subject to the provisions of this section, the owner or operator (hereinafter referred to as the 'vessel owner') of any fishing vessel which is a vessel of the United States is eligible for monetary compensation under this section for any damage to, loss of, or destruction of such vessel, or any fishing gear used with such vessel, or both, if the damage, loss, or destruction— " (1) in the case of such vessel— "(A) occurs when such vessel is engaged in any fishery subject to the exclusive fishery management authority of the United States under the Fishery Conservation and Management Act of 1976, and

39-194 O—80—pt. 1

49: QL3

92 STAT. 715 Definitions.

Damages to fishing vessels and gear, compensation.

16 USC 1801 note.

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