50 CFR 17.102 - Definitions.

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§ 17.102 Definitions.

In addition to definitions contained in the Acts, part 10 of this subchapter, and § 17.3 of this part, and unless the context otherwise requires, in this subpart:

Acts means the Endangered Species Act of 1973, as amended (87 Stat. 884, 16 U.S.C. 1531-1543) and the Marine Mammal Protection Act of 1972, as amended (86 Stat. 1027, 16 U.S.C. 1361-1407);

Authorized officer means any commissioned, warrant, or petty officer of the U.S. Coast Guard, or any officer or agent designated by the Director of the U.S. Fish and Wildlife Service, the Secretary of the Interior, the Secretary of Commerce, or the Secretary of the Treasury, or any officer designated by the head of a Federal or State agency which has entered into an agreement with the Secretary of the Interior, Secretary of Commerce, Secretary of the Treasury, or Secretary of Transportation to enforce the Acts, or any Coast Guard personnel accompanying and acting under the direction of a person included above in this definition;

Idle speed is defined as the minimum speed needed to maintain steerage (direction) of the vessel;

Manatee protection area means a manatee refuge or a manatee sanctuary;

Manatee refuge means an area in which the Director has determined that certain waterborne activity would result in the taking of one or more manatees, or that certain waterborne activity must be restricted to prevent the taking of one or more manatees, including but not limited to a taking by harassment;

Manatee sanctuary means an area in which the Director has determined that any waterborne activity would result in a taking of one or more manatees, including but not limited to a taking by harassment;

Planing means riding on or near the water's surface as a result of the hydrodynamic forces on a water vehicle's hull, sponsons, foils, or other surfaces. A water vehicle is considered on plane when it is being operated at or above the speed necessary to keep the vessel planing;

Slow speed is defined as the speed at which a water vehicle proceeds when it is fully off plane and completely settled in the water. Due to the different speeds at which water vehicles of different sizes and configurations may travel while in compliance with this definition, no specific speed is assigned to slow speed. A water vehicle is not proceeding at slow speed if it is: on a plane; in the process of coming up on or coming off of plane; or creating an excessive wake. A water vehicle is proceeding at slow speed if it is fully off plane and completely settled in the water, not creating an excessive wake;

Slow speed (channel exempt) means that the slow-speed designation does not apply to those waters within the maintained, marked channel;

Slow speed (channel included) means that the slow-speed designation applies both within and outside the designated channel;

Wake means all changes in the vertical height of the water's surface caused by the passage of a water vehicle, including a vessel's bow wave, stern wave, and propeller wash, or a combination thereof;

Waterborne activity includes, but is not limited to, swimming, diving (including skin and scuba diving), snorkeling, water skiing, surfing, fishing, the use of water vehicles, and dredging and filling operations;

Water vehicle, watercraft, and vessel include, but are not limited to, boats (whether powered by engine, wind, or other means), ships (whether powered by engine, wind, or other means), barges, surfboards, personal watercraft, water skis, or any other device or mechanism the primary or an incidental purpose of which is locomotion on, or across, or underneath the surface of the water.

[44 FR 60964, Oct. 22, 1979, as amended at 67 FR 693, Jan. 7, 2002]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 16 - CONSERVATION

§ 1361 - Congressional findings and declaration of policy

§ 1362 - Definitions

§ 1371 - Moratorium on taking and importing marine mammals and marine mammal products

§ 1372 - Prohibitions

§ 1373 - Regulations on taking of marine mammals

§ 1374 - Permits

§ 1375 - Penalties

§ 1375a - Use of fines for protection and recovery of manatees, polar bears, sea otters, and walruses

§ 1376 - Seizure and forfeiture of cargo

§ 1377 - Enforcement

§ 1378 - International program

§ 1379 - Transfer of management authority

§ 1380 - Marine mammal research grants

§ 1381 - Commercial fisheries gear development

§ 1382 - Regulations and administration

§ 1383 - Application to other treaties and conventions

§ 1383a - Interim exemption for commercial fisheries

§ 1383b - Status review; conservation plans

§ 1384 - Authorization of appropriations

§ 1385 - Dolphin protection

§ 1386 - Stock assessments

§ 1387 - Taking of marine mammals incidental to commercial fishing operations

§ 1388 - Marine mammal cooperative agreements in Alaska

§ 1389 - Pacific Coast Task Force; Gulf of Maine

§ 1401 - Establishment

§ 1402 - Duties of Commission

§ 1403 - Committee of Scientific Advisors on Marine Mammals

§ 1404 - Omitted

§ 1405 - Coordination with other Federal agencies

§ 1406 - Administration

§ 1407 - Authorization of appropriations

§ 1531 - Congressional findings and declaration of purposes and policy

§ 1532 - Definitions

§ 1533 - Determination of endangered species and threatened species

§ 1534 - Land acquisition

§ 1535 - Cooperation with States

§ 1536 - Interagency cooperation

§ 1537 - International cooperation

§ 1537a - Convention implementation

§ 1538 - Prohibited acts

§ 1539 - Exceptions

§ 1540 - Penalties and enforcement

§ 1541 - Endangered plants

§ 1542 - Authorization of appropriations

§ 1543 - Construction with Marine Mammal Protection Act of 1972

§ 1544 - Annual cost analysis by Fish and Wildlife Service

§ 4201 - Statement of purpose

§ 4202 - Findings

§ 4203 - Statement of policy

§ 4211 - Provision of assistance

§ 4212 - Acceptance and use of donations

§ 4213 - Omitted

§ 4214 - Advisory group

§ 4221 - Review of African elephant conservation programs

§ 4222 - Moratoria

§ 4223 - Prohibited acts

§ 4224 - Penalties and enforcement

§ 4225 - Rewards

§ 4241 - Relationship to Endangered Species Act of 1973

§ 4242 - Certification under Pelly amendment

§ 4243 - Repealed. Pub. L. 107–111, § 6(a)(3), Jan. 8, 2002, 115 Stat. 2096

§ 4244 - Definitions

§ 4245 - Authorization of appropriations

Title 50 published on 2015-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 50 CFR Part 17 after this date.

  • 2015-12-08; vol. 80 # 235 - Tuesday, December 8, 2015
    1. 80 FR 76235 - Endangered and Threatened Wildlife and Plants; Removal of the Modoc Sucker From the Federal List of Endangered and Threatened Wildlife
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service
      Final rule.
      This rule is effective January 7, 2016.
      50 CFR Part 17