Page:United States Statutes at Large Volume 104 Part 6.djvu/48

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104 STAT. 4438 PUBLIC LAW 101-627—NOV. 28, 1990 DEFINITIONS SEC. 102. (a) GENERAL.— Section 3 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802) is amended— (1) by redesignating paragraph (16) as paragraph (17), by redesignating paragraph (17) as paragraph (19), by redesignating paragraphs (18) through (23) as paragraphs (21) through (26), respectively, and by redesignating paragraphs (24) through (27) as paragraphs (28) through (31), respectively; (2) in paragraph (7), by striking ", birds, and highly migratory species' and inserting in lieu thereof "and birds"; (3) by amending paragraph (14) to read as follows: "(14) The term 'highly migratory species' means tuna species, marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks, sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius)."; (4) by inserting immediately after paragraph (15) the following new paragraph: "(16) The term 'large-scale driftnet fishing' means a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of one and one-half miles or more is placed in the water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing."; (5) by inserting immediately after paragraph (17), as so redesignated, the following new paragraph: "(18) The term 'migratory range' means the maximum area at a given time of the year within which fish of an anadromous species or stock thereof can be expected to be found, as determined on the basis of scale pattern analysis, tagging studies, or other reliable scientific information, except that the term does not include any part of such area which is in the waters of a foreign nation."; (6) by inserting immediately after paragraph (19), as so redesignated, the following new paragraph: "(20) The term 'observer' means any person required or authorized to be carried on a vessel for conservation and management purposes by regulations or permits under this Act."; (7) by inserting immediately after paragraph (26), as so redesignated, the following new paragraph: "(27) The term 'tuna species' means the following: "Albacore Tuna—Thunnus alalunga; "Bigeye Tuna—Thunnus obesus; "Bluefin Tuna—Thunnus thynnus; "Skipjack Tuna—Katsuwonus pelamis; and "Yellowfin Tuna—Thunnus albacares."; and (8) by adding at the end the following new paragraph: "(32) The term 'waters of a foreign nation' means any part of the territorial sea or exclusive economic zone (or the equivalent) of a foreign nation, to the extent such territorial sea or exclusive economic zone is recognized by the United States.", (b) CONFORMING AMENDMENT.— Section 101(b)(l) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1811(b)(1)) is amended by striking "any foreign nation's" and all that follows and inserting in lieu thereof "any waters of a foreign nation.".