In addition to the terms defined in § 300.2 and those in the Magnuson-Stevens Act, the terms used in this subpart have the following meanings. If a term is defined differently in § 300.2 or the Magnuson-Stevens Act, the definition in this section shall apply.
Affiliates means two persons (including individuals and entities) related in such a way that—
One indirectly or directly controls or has power to control the other; or
A third party controls or has power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a reorganized entity having the same or similar management, ownership, or employees as a former entity.
Agreement means the Agreement Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics on Mutual Fisheries Relations, signed May 31, 1988.
Embassy of the Russian Federation means the Fisheries Attache of the embassy located in Washington, D.C.
Fishery resource means any fish, any stock of fish, any species of fish, and any habitat of fish.
Fishing or to fish means any activity that does, is intended to, or can reasonably be expected to result in catching or removing from the water fishery resources. Fishing also includes the acts of scouting, processing, and support.
Operator, with respect to any vessel, means the master or other individual on board and in charge of either the vessel, the vessel's fishing operation, or both.
Owner, with respect to any vessel, means any person who owns that vessel in whole or in part, whether or not it is leased or chartered to or managed by another person, or any charterer, whether bareboat, time, or voyage, and any person who acts in the capacity of a charterer, or manager, including but not limited to parties to a management agreement, operating agreement, or any similar agreement that bestows control over the destination, function, or operation of the vessel, any officer, director, manager, controlling shareholder of any entity described in this definition, any agent designated as such by any person described in this definition, and any affiliate of any person described in this definition.
Processing means any operation by a vessel to receive fish from a fishing vessel and/or the preparation of fish, including but not limited to cleaning, cooking, canning, smoking, salting, drying, or freezing, either on the vessel's behalf or to assist another vessel.
Regional Administrator means Administrator of the Alaska Region, or a designee.
Relevant laws and regulations of the Russian Federation means those Russian laws and regulations that concern fishing for fishery resources over which Russia exercises sovereign rights or fishery management authority.
Russian and Federation mean the Russian Federation, its government, or any organ or entity of its government.
Russian continental shelf or continental shelf of Russia means the seabed and subsoil of the submarine areas over which, consistent with international law, Russia exercises sovereign rights.
Russian Economic Zone or Russian EZ means a zone of waters off the coast of Russia beyond and adjacent to the Russian territorial sea extending a distance of up to 200 nautical miles from the baseline from which the territorial sea is measured, within which, consistent with international law, Russia has sovereign rights over the fishery resources.
Russian Federation or Russia means the governing entity that succeeded the Union of Soviet Socialist Republics, and that is the successor party to the Agreement of May 31, 1988.
Russian fisheries, Russian fishery resources, or fishery resources over which Russia exercises sovereign rights or fishery management authority means fishery resources within the Russian EZ, fishery resources of the Russian continental shelf, and anadromous species that originate in the waters of Russia, whether found in the Russian EZ or beyond any exclusive economic zone or its equivalent.
Scouting means any operation by a vessel exploring (on behalf of the vessel or another vessel) for the presence of fish by any means that do not involve the catching of fish.
Support means any operation by a vessel assisting fishing by another vessel, including—
Transferring or transporting fish or fish products; or
Supplying a fishing vessel with water, fuel, provisions, fishing equipment, fish processing equipment, or other supplies.
[61 FR 35550, July 5, 1996, as amended at 76 FR 59305, Sept. 26, 2011]