Part 1010 General Provisions
Part 1020 Rules for Banks
Part 1021 Rules for Casinos and Card Clubs
Part 1022 Rules for Money Services Businesses
Part 1023 Rules for Brokers or Dealers in Securities
Part 1024 Rules for Mutual Funds
Part 1025 Rules for Insurance Companies
Part 1026 Rules for Futures Commission Merchants and Introducing Brokers in Commodities
Part 1027 Rules for Dealers in Precious Metals, Precious Stones, or Jewels
Part 1028 Rules for Operators of Credit Card Systems
Part 1029 Rules for Loan or Finance Companies
Part 1030 Rules for Housing Government Sponsored Enterprises
Part 1060 Provisions Relating to the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010

Terms Used In CFR > Title 31 > Subtitle B > Chapter X

  • AC Regional Director: means a veterinarian or his designee, employed by APHIS, who is assigned by the Administrator to supervise and perform the official work of APHIS in a given State or States. See 9 CFR 1.1
  • ACA: means the Antarctic Conservation Act of 1978 (16 U. See 50 CFR 300.101
  • Accept: A receiving financial institution, other than the recipient's financial institution, accepts a transmittal order by executing the transmittal order. See 31 CFR 1010.100
  • Acceptance service: The service established and conducted under the regulations for the determination and certification or other identification of the compliance of livestock with specifications. See 7 CFR 53.1
  • Accountability measure: means a management control implemented such that overfishing is prevented, where possible, and mitigated if it occurs. See 50 CFR 622.2
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Act: means the Immigration and Nationality Act, as amended. See 8 CFR 1001.1
  • Act: means the Act of August 24, 1966 (Pub. See 9 CFR 1.1
  • Act: The Agricultural Marketing Act of 1946 (Title II of the act of Congress approved August 14, 1946, 60 Stat. See 7 CFR 53.1
  • Act: The Agricultural Marketing Act of 1946 (Title II of the act of Congress approved August 14, 1946, 60 Stat. See 7 CFR 54.1
  • Active FAD: means a FAD whose location is being tracked by the vessel owner or operator using tracking equipment, such as radio or satellite buoys. See 50 CFR 300.21
  • Actual ex-vessel price: means the total monetary sale amount a fisherman receives per pound of fish for IFQ landings from a registered IFQ dealer before any deductions are made for transferred (leased) allocation and goods and services (e. See 50 CFR 622.2
  • Address of Record: means the business address of a person, partnership, or corporation. See 50 CFR 600.1000
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrative unit: means the organizational or management unit at the departmental level of a research facility. See 9 CFR 1.1
  • 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. See 50 CFR 300.31
  • Administrator: The Administrator of the Agricultural Marketing Service, or any officer or employee of the Agricultural Marketing Service to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. See 7 CFR 53.1
  • Administrator: The Administrator of the Agricultural Marketing Service (AMS), or any officer or employee of the AMS to whom authority has been or may be delegated to act in the Administrator's stead. See 7 CFR 54.1
  • Administrator: The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. See 9 CFR 1.1
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Aggregate or summary form: means information structured in such a way which does not directly or indirectly disclose the identity or business of any person who submits such information. See 50 CFR 300.211
  • 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. See 50 CFR 300.151
  • Agricultural Marketing Service: The Agricultural Marketing Service of the Department. See 7 CFR 53.1
  • Agricultural Marketing Service: The Agricultural Marketing Service of the Department. See 7 CFR 54.1
  • All-citizen: means any person who is not a treaty Indian fishing in that treaty Indian's tribal treaty fishing places pursuant to treaty Indian tribal fishing regulations (whether in compliance with such regulations or not). See 50 CFR 300.91
  • Allegation: something that someone says happened.
  • Allowable chemical: means a substance, generally used to immobilize marine life so that it can be captured alive, that, when introduced into the water, does not take Gulf and South Atlantic prohibited coral and is allowed by Florida for the harvest of tropical fish (e. See 50 CFR 622.2
  • Allowable octocoral: means an erect, nonencrusting species of the subclass Octocorallia, except the seafans Gorgonia flabellum and G. See 50 CFR 622.2
  • Amortization: Paying off a loan by regular installments.
  • Anadromous species: means the following:

    American shad: Alosa sapidissima

    Blueback herring: Alosa aestivalus

    Alewife: Alosa pseudoharengus

    Hickory shad: Alosa mediocris

    Alabama shad: Alosa alabamae

    Striped bass: Morone saxatilis

    Rainbow smelt: Osmerus mordax

    Atlantic salmon: Salmo salar

    Chinook, or king, salmon:

    Oncorhynchus tshawytscha

    Coho, or silver, salmon: Oncorhynchus kisutch

    Pink salmon: Oncorhynchus gorbuscha

    Sockeye salmon: Oncorhynchus nerka

    Chum salmon: Oncorhynchus keta

    Steelhead: Oncorhynchus mykiss

    Coastal cutthroat trout: Oncorhynchus clarki clarki

    Eulachon or candlefish: Thaleichthys pacificus

    Dolly varden: Salvelinus malma

    Sheefish or inconnu: Stenodus leucichthys

    Atlantic sturgeon: Acipenser oxyrhynchus oxyrhynchus

    Shortnose sturgeon: Acipenser brevirostrum

    Gulf sturgeon: Acipenser oxyrhynchus desotoi

    White sturgeon: Acipenser transmontanus

    Green sturgeon: Acipenser medirostris

    Angler means a person who is angling (see 50 CFR 600. See 50 CFR 600.1400

  • Animal: means any live or dead dog, cat, nonhuman primate, guinea pig, hamster, rabbit, or any other warmblooded animal, which is being used, or is intended for use for research, teaching, testing, experimentation, or exhibition purposes, or as a pet. See 9 CFR 1.1
  • Animals: Bison, cattle, goats, sheep, swine, or other species identified by the Administrator. See 7 CFR 54.1
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Annual report: By January 15, 2001, and by each January 15 thereafter until the loan is fully repaid, each fish buyer shall submit to NMFS a report, on or in the form NMFS specifies, containing the following information for the preceding year for all fee fish each fish buyer purchases from fish sellers:

    (i) Total round weight bought. See 50 CFR 600.1101

  • Antarctic convergence: means a line joining the following points along the parallels of latitude and meridians of longitude:

    Lat. See 50 CFR 300.101
  • Any means: includes , but is not limited to, through a financial agency or institution; a Federal Reserve Bank or other facility of one or more Federal Reserve Banks, the Board of Governors of the Federal Reserve System, or both; an electronic funds transfer network; or an informal value transfer system; or

    (B) Any other person engaged in the transfer of funds. See 31 CFR 1010.100

  • APHIS official: means any person employed by the Department who is authorized to perform a function under the Act and the regulations in 9 CFR parts 1, 2, and 3. See 9 CFR 1.1
  • Appeal service: Appeal service is a redetermination of the class, grade, other quality, or compliance of product when the applicant for the appeal service formally challenges the correctness of the original determination. See 7 CFR 54.1
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicable national law: means any of the laws of Pacific Island Parties in the following table and any regulations or other instruments having the force of law implemented pursuant to these laws:

    Pacific Island Party Laws
    AUSTRALIAAntarctic Marine Living Resources Conservation Act, 1981. See 50 CFR 300.31
  • Applicant: Any person who has applied for service under the regulations. See 7 CFR 53.1
  • Applicant: Any person who has applied for service under the regulations. See 7 CFR 54.1
  • applicant: includes the surviving spouse, next-of-kin, or legal representative who is acting on behalf of the former member. See 32 CFR 865.103
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Aquaculture: means all activities, including the operation of an aquaculture facility, involved in the propagation or rearing, or attempted propagation or rearing, of allowable aquaculture species in the Gulf EEZ. See 50 CFR 622.2
  • Aquaculture facility: means an installation or structure, including any aquaculture system(s) (including moorings), hatcheries, equipment, and associated infrastructure used to hold, propagate, or rear allowable aquaculture species in the Gulf EEZ under authority of a Gulf aquaculture permit. See 50 CFR 622.2
  • Aquaculture system: means any cage, net pen, enclosure, structure, or gear deployed in waters of the Gulf EEZ for holding and producing allowable aquaculture species. See 50 CFR 622.2
  • Aquacultured live rock: means live rock that is harvested under a Federal aquacultured live rock permit, as required under §622. See 50 CFR 622.2
  • Aquatic animal health expert: means a licensed doctor of veterinary medicine or a person who is certified by the American Fisheries Society, Fish Health Section, as a "Fish Pathologist" or "Fish Health Inspector. See 50 CFR 622.2
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assistant Administrator: means the Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration, Department of Commerce, or a designee. See 50 CFR 300.2
  • Assistant U.S. Attorney: A federal prosecutor who represents the U.S. government and its citizens when a federal statute has been violated.
  • At one time: For purposes of §1010. See 31 CFR 1010.100
  • Atlantic: means the North Atlantic, Mid-Atlantic, and South Atlantic. See 50 CFR 622.2
  • Attending veterinarian: means a person who has graduated from a veterinary school accredited by the American Veterinary Medical Association's Council on Education, or has a certificate issued by the American Veterinary Medical Association's Education Commission for Foreign Veterinary Graduates, or has received equivalent formal education as determined by the Administrator. See 9 CFR 1.1
  • attorney: means any person who is eligible to practice law in and is a member in good standing of the bar of the highest court of any State, possession, territory, or Commonwealth of the United States, or of the District of Columbia, and is not under any order suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law. See 8 CFR 1001.1
  • Attorney General: The Attorney General of the United States. See 31 CFR 1010.100
  • Authorized inspector: means any individual authorized by a Pacific Island Party or the Secretary to conduct inspections, to remove samples of fish and to gather any other information relating to fisheries in the Licensing Area. See 50 CFR 300.31
  • Authorized officer: means any officer who is authorized by the Secretary, or the Secretary of Transportation, or the head of any Federal or state agency that has entered into an enforcement agreement with the Secretary under section 10(a) of the Act. See 50 CFR 300.31
  • Authorized party officer: means any officer authorized by a Pacific Island Party to enforce the provisions of the Treaty. See 50 CFR 300.31
  • Automatic reel: means a reel that remains attached to a vessel when in use from which a line and attached hook(s) are deployed. See 50 CFR 622.2
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bandit gear: means a rod and reel that remain attached to a vessel when in use from which a line and attached hook(s) are deployed. See 50 CFR 622.2
  • Bank: Each agent, agency, branch or office within the United States of any person doing business in one or more of the capacities listed below:

    (1) A commercial bank or trust company organized under the laws of any State or of the United States. See 31 CFR 1010.100

  • Bank Secrecy Act: The Currency and Foreign Transactions Reporting Act, its amendments, and the other statutes relating to the subject matter of that Act, have come to be referred to as the Bank Secrecy Act. See 31 CFR 1010.100
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: The person to be paid by the beneficiary's bank. See 31 CFR 1010.100
  • benefits: includes wages or other employment benefits given directly or indirectly to an individual or organization, and any dues, payments, fees, or other remuneration given directly or indirectly to a fishing club, business, organization, or individual who provides sport fishing guide services; and does not include reimbursement for the actual daily expenses for fuel, food, or bait. See 50 CFR 300.61
  • Bid: means the price a vessel owner or reduction fishery permit holder requests for reduction of his/her fishing capacity. See 50 CFR 600.1000
  • Board: means the Board of Immigration Appeals. See 8 CFR 1001.1
  • Borrower: means (individually and collectively) all persons who, after January 1, 2000, harvest fee fish from the IC directed fishing allowance. See 50 CFR 600.1101
  • Bottom fishing: means fishing using gear that is likely to contact the seafloor during the normal course of fishing operations. See 50 CFR 300.331
  • Bottom longline: means a longline that is deployed, or in combination with gear aboard the vessel, e. See 50 CFR 622.2
  • Branch: The Livestock Market News Branch of the Division. See 7 CFR 53.1
  • Branch: The Grading Services Branch of the Division. See 7 CFR 54.1
  • BRD: means bycatch reduction device. See 50 CFR 622.2
  • Broker or dealer in securities: A broker or dealer in securities, registered or required to be registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934, except persons who register pursuant to section 15(b)(11) of the Securities Exchange Act of 1934. See 31 CFR 1010.100
  • Buoy gear: means fishing gear that fishes vertically in the water column that consists of a single drop line suspended from a float, from which no more than 10 hooks can be connected between the buoy and the terminal end, and the terminal end contains a weight that is no more than 10 lb (4. See 50 CFR 622.2
  • Business day: As used in this chapter with respect to banks, business day means that day, as normally communicated to its depository customers, on which a bank routinely posts a particular transaction to its customer's account. See 31 CFR 1010.100
  • Business hours: means a reasonable number of hours between 7 a. See 9 CFR 1.1
  • Business plan: means the document containing the information specified in §600. See 50 CFR 600.1000
  • Business week: means a 7-day period, Saturday through Friday. See 50 CFR 600.1000
  • Business week: means a 7-day period, Saturday through Friday. See 50 CFR 600.1101
  • Business year: means the 12-month period during which business is conducted, and may be either on a calendar or fiscal-year basis. See 9 CFR 1.1
  • By an agent or legal representative: A claimant's agent or legal representative who presents a claim will do so in the claimant's name and sign the form in such a way that indicates the agent's or legal representative's title or capacity. See 32 CFR 536.27
  • Canadian fishing vessel: means a fishing vessel:

    (1) That is registered or licensed in Canada under the Canada Shipping Act and is owned by one or more persons each of whom is a Canadian citizen, a person resident and domiciled in Canada, or a corporation incorporated under the laws of Canada or of a province, having its principal place of business in Canada. See 50 CFR 300.141

  • Carcass: The commercially prepared or dressed body of any animal intended for human food. See 7 CFR 54.1
  • Carcass Data Service: The service established and conducted under the regulations to provide producers and other interested persons with data on carcass characteristics. See 7 CFR 54.1
  • Card club: A card club, gaming club, card room, gaming room, or similar gaming establishment that is duly licensed or authorized to do business as such in the United States, whether under the laws of a State, of a Territory or Insular Possession of the United States, or of a political subdivision of any of the foregoing, or under the Indian Gaming Regulatory Act or other Federal, State, or tribal law or arrangement affecting Indian lands (including, without limitation, an establishment operating on the assumption or under the view that no such authorization is required for operation on Indian lands for an establishment of such type), and that has gross annual gaming revenue in excess of $1,000,000. See 31 CFR 1010.100
  • Caribbean: means the Caribbean Sea and Atlantic Ocean seaward of Puerto Rico, the U. See 50 CFR 622.2
  • Caribbean coral reef resource: means one or more of the species, or a part thereof, listed in Table 1 in Appendix A of this part, whether living or dead. See 50 CFR 622.2
  • Caribbean reef fish: means one or more of the species, or a part thereof, listed in Table 2 in Appendix A of this part. See 50 CFR 622.2
  • Carrier: means the operator of any airline, railroad, motor carrier, shipping line, or other enterprise which is engaged in the business of transporting any animals for hire. See 9 CFR 1.1
  • case: means any proceeding arising under any immigration or naturalization law, Executive order, or Presidential proclamation, or preparation for or incident to such proceeding, including preliminary steps by any private person or corporation preliminary to the filing of the application or petition by which any proceeding under the jurisdiction of the Service or the Board is initiated. See 8 CFR 1001.1
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • casino: as used in this chapter shall include a reference to "card club" to the extent provided in paragraph (t)(5)(iii) of this section. See 31 CFR 1010.100
  • Cat: means any live or dead cat (Felis catus) or any cat-hybrid cross. See 9 CFR 1.1
  • CCAMLR: means the Commission for the Conservation of Antarctic Marine Living Resources established under Article VII of the Convention. See 50 CFR 300.101
  • CCAMLR inspector: means a person designated by a member of the Commission for the Conservation of Antarctic Marine Living Resources as an inspector under Article XXIV of the Convention on the Conservation of Antarctic Marine Living Resources to verify compliance with measures in effect under the Convention. See 50 CFR 300.2
  • Certification service: The service established and conducted under the regulations for the determination and certification or other identification of the compliance of products with specifications. See 7 CFR 54.1
  • CFMC: means the Caribbean Fishery Management Council. See 50 CFR 622.2
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Charter halibut permit: means a permit issued by the National Marine Fisheries Service pursuant to §300. See 50 CFR 300.61
  • Charter vessel: means a vessel less than 100 gross tons (90. See 50 CFR 622.2
  • Chief: The Chief of the Branch, or any officer or employee of the Branch to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. See 7 CFR 53.1
  • Chief: The Chief of the Grading Services Branch, or any officer or employee of the Branch to whom authority has been or may be delegated to act in the Chief's stead. See 7 CFR 54.1
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Chiniak Bay: means all waters bounded by the shoreline and straight lines connecting the coordinates in the order listed:

    (1) North from Cape Chiniak (57°37. See 50 CFR 300.61

  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Class: A subdivision of livestock based on essential physical characteristics that differentiate between major groups of the same kind of species. See 7 CFR 53.1
  • Class: A subdivision of a product based on essential physical characteristics that differentiate between major groups of the same kind of species. See 7 CFR 54.1
  • Classification: means the act or process by which information is determined to be classified information. See 49 CFR 8.5
  • classified national security information: means information that has been determined under Executive Order 13526, or any predecessor or successor order, to require protection against unauthorized disclosure, and is marked to indicate its classified status when in documentary form. See 49 CFR 8.5
  • Closed area: means any of the areas in the following table, as depicted on charts provided by the Regional Administrator and as further described in additional information that may be provided by the Regional Administrator:

    Pacific Island Party Area
    AUSTRALIAAll waters within the seaward boundary of the Australian Fishing Zone (AFZ) west of a line connecting the point of intersection of the outer limit of the AFZ by the parallel of latitude 25° 30? South with the point of intersection of the meridian of longitude 151° East by the outer limit of the AFZ and all waters south of the parallel of latitude 25° 30? South. See 50 CFR 300.31
  • Closed loop prepaid access: Prepaid access to funds or the value of funds that can be used only for goods or services in transactions involving a defined merchant or location (or set of locations), such as a specific retailer or retail chain, a college campus, or a subway system. See 31 CFR 1010.100
  • Coastal migratory pelagic fish: means a whole fish, or a part thereof, of one or more of the following species:

    (1) Cobia, Rachycentron canadum. See 50 CFR 622.2

  • Combination license: means either:

    (1) A single state fishing license that permits fishing in fresh waters and tidal waters at one price. See 50 CFR 600.1400

  • Commerce: means trade, traffic, transportation, or other commerce:

    (1) Between a place in a State and any place outside of such State, including any foreign country, or between points within the same State but through any place outside thereof, or within any territory, possession, or the District of Columbia. See 9 CFR 1.1

  • Commercial fishing: means fishing, the resulting catch of which either is, or is intended to be, sold or bartered but does not include subsistence fishing. See 50 CFR 300.61
  • Commercial passenger fishing vessel: means any vessel licensed for commercial passenger fishing purposes within the State out of which it is operating and from which, while under charter or hire, persons are legally permitted to conduct sportfishing activities. See 50 CFR 300.21
  • Commission: means the International Pacific Halibut Commission. See 50 CFR 300.61
  • Commission: means the Pacific Salmon Commission established by the Pacific Salmon Treaty. See 50 CFR 300.91
  • Commission: means the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean established in accordance with the WCPF Convention, including its employees and contractors. See 50 CFR 300.211
  • Commission regulatory area: means an area defined by the Commission for purposes of the Convention identified in 50 CFR 300. See 50 CFR 300.61
  • Commissioner: means the Commissioner of the Immigration and Naturalization Service prior to March 1, 2003. See 8 CFR 1001.1
  • Committee: means the Institutional Animal Care and Use Committee (IACUC) established under section 13(b) of the Act. See 9 CFR 1.1
  • Commodity: Any good, article, service, right, or interest described in section 1a(4) of the Commodity Exchange Act ("CEA"), 7 U. See 31 CFR 1010.100
  • Common carrier: Any person engaged in the business of transporting individuals or goods for a fee who holds himself out as ready to engage in such transportation for hire and who undertakes to do so indiscriminately for all persons who are prepared to pay the fee for the particular service offered. See 31 CFR 1010.100
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community charter halibut permit: means a permit issued by NMFS to a Community Quota Entity pursuant to §300. See 50 CFR 300.61
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compliance: Conformity of livestock to the specifications under which the livestock was purchased or sold, with particular reference to the weight, quality or other characterics of livestock. See 7 CFR 53.1
  • Compliance: Conformity of a product to the specifications under which the product was purchased or sold, with particular reference to the quality, cleanliness, state of refrigeration, method of processing, and trim of products. See 7 CFR 54.1
  • Conch: means Strombus gigas. See 50 CFR 300.121
  • Conferees: Legislators appointed to serve on conference committees. They are also called "managers." Conferees are usually appointed from the committee or committees that reported the legislation; they are expected to try and uphold their chamber's position on measures when they negotiate with conferees from the other chamber.
  • Confidential information: means any observer information or any information submitted to the Secretary, a State fishery management agency, or a Marine Fisheries Commission by any person in compliance with any requirement or regulation under the Act or under the Magnuson-Stevens Fishery Conservation and Management Act. See 50 CFR 300.211
  • Considerations for provider determination: In the absence of registration as the provider of prepaid access for a prepaid program by one of the participants in a prepaid access program, the provider of prepaid access is the person with principal oversight and control over the prepaid program. See 31 CFR 1010.100
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract of sale: Any sale, agreement of sale, or agreement to sell as described in section 1a(7) of the CEA, 7 U. See 31 CFR 1010.100
  • Convention Area: means all waters south of the Antarctic Convergence. See 50 CFR 300.101
  • Convention Area: means all waters of the Pacific Ocean bounded to the south and to the east by the following line: From the south coast of Australia due south along the 141st meridian of east longitude to its intersection with the 55th parallel of south latitude. See 50 CFR 300.211
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperating Non-Member: means a non-Member of the Commission that has been accorded Cooperating Non-Member status by the Commission at the Commission's most recent annual meeting. See 50 CFR 300.211
  • Cooperative agreement: A cooperative agreement between the Agricultural Marketing Service and another Federal agency or a State agency, or other agency, organization or person as specified in the Agricultural Marketing Act of 1946, as amended, for conducting the service. See 7 CFR 53.1
  • Cooperative agreement: A cooperative agreement between the Agricultural Marketing Service and another Federal agency or a State agency, or other agency, organization or person as specified in the Agricultural Marketing Act of 1946, as amended, for conducting the service. See 7 CFR 54.1
  • Coral area: means marine habitat in the Gulf or South Atlantic EEZ where coral growth abounds, including patch reefs, outer bank reefs, deep water banks, and hard bottoms. See 50 CFR 622.2
  • Counsel or representative: An individual or agency designated by the applicant who agrees to represent the applicant in a case before the DRB. See 32 CFR 865.103
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Cultured animals: means animals which are propagated and/or reared by humans. See 50 CFR 622.2
  • Currency: The coin and paper money of the United States or of any other country that is designated as legal tender and that circulates and is customarily used and accepted as a medium of exchange in the country of issuance. See 31 CFR 1010.100
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means any person who, in commerce, for compensation or profit, delivers for transportation, or transports, except as a carrier, buys, or sells, or negotiates the purchase or sale of: Any dog or other animal whether alive or dead (including unborn animals, organs, limbs, blood, serum, or other parts) for research, teaching, testing, experimentation, exhibition, or use as a pet. See 9 CFR 1.1
  • Dealer in foreign exchange: A person that accepts the currency, or other monetary instruments, funds, or other instruments denominated in the currency, of one or more countries in exchange for the currency, or other monetary instruments, funds, or other instruments denominated in the currency, of one or more other countries in an amount greater than $1,000 for any other person on any day in one or more transactions, whether or not for same-day delivery. See 31 CFR 1010.100
  • Decedent: A deceased person.
  • Declassification: means the authorized change in the status of information from classified information to unclassified information. See 49 CFR 8.5
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Definition: In addition to the definitions in the Magnuson-Stevens Act and in §679. See 50 CFR 600.1101
  • Definitions: In addition to the definitions in the Magnuson-Stevens Fishery Conservation and Management Act and §600. See 50 CFR 600.530
  • Dehooking device: means a device intended to remove a hook embedded in a fish to release the fish with minimum damage. See 50 CFR 622.2
  • Delivery value: means the gross ex-vessel value of all fee fish at fish delivery. See 50 CFR 600.1101
  • Department: means the U. See 9 CFR 1.1
  • Department: The United States Department of Agriculture. See 7 CFR 53.1
  • Department: The United States Department of Agriculture. See 7 CFR 54.1
  • Deposit account: Deposit accounts include transaction accounts described in paragraph (ccc) of this section, savings accounts, and other time deposits. See 31 CFR 1010.100
  • Deposit principal: means all collected fee revenue that a fish buyer deposits in a segregated account maintained at a federally insured financial institution for the sole purpose of aggregating collected fee revenue before sending the fee revenue to NMFS for repaying a reduction loan. See 50 CFR 600.1000
  • Deposit principal: means all collected fee revenue that a fish buyer deposits in a segregated deposit account maintained in a federally chartered national bank for the sole purpose of aggregating collected fee revenue before sending the fee revenue to NMFS for repaying the loan. See 50 CFR 600.1101
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Deputy Administrator: The Deputy Administrator of the Program, or any other officer or employee of the Program to whom authority has been or may be delegated to act in the Deputy Administrator's stead. See 7 CFR 54.1
  • DHS: means the Department of Homeland Security. See 8 CFR 1001.1
  • Director: when used in the context of an official with the Department of Homeland Security, see 8 CFR 1. See 8 CFR 1001.1
  • Director: The Director of the Division or any officer or employee of the Division to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. See 7 CFR 53.1
  • Director: The Director of the Division, or any officer or employee of the Division to whom authority has been or may be delegated to act in the Director's stead. See 7 CFR 54.1
  • Discharge: A general term used in this subpart that includes dismissal and separation or release from active or inactive military status, and actions that accomplish a complete severance of all military status. See 32 CFR 865.103
  • Discharge review: The process by which the reason for separation, the procedures followed in accomplishing separation, and characterization of service are evaluated. See 32 CFR 865.103
  • Division: Livestock, Poultry, Grain and Seed Division. See 7 CFR 53.1
  • Division: The Quality Assessment Division of the Livestock and Poultry Program. See 7 CFR 54.1
  • Docket: A log containing brief entries of court proceedings.
  • Dog: means any live or dead dog (Canis familiaris) or any dog-hybrid cross. See 9 CFR 1.1
  • Dolphin: means a whole fish, or a part there of, of the species Coryphaena equiselis or C. See 50 CFR 622.2
  • Domestic: When used herein, refers to the doing of business within the United States, and limits the applicability of the provision where it appears to the performance by such institutions or agencies of functions within the United States. See 31 CFR 1010.100
  • Donor: The person who makes a gift.
  • Eastern High Seas Special Management Area: means the area of the high seas within the area bounded by the four lines connecting, in the most direct fashion, the coordinates specified as follows: 11°…. See 50 CFR 300.211
  • EEZ: means the zone established by Presidential Proclamation 5030, dated March 10, 1983, as defined in 16 U. See 50 CFR 300.2
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • EMTU: means a transceiver or communication device, including all hardware and software, carried and operated on a vessel as part of a vessel monitoring system. See 50 CFR 300.101
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Established customer: A person with an account with the financial institution, including a loan account or deposit or other asset account, or a person with respect to which the financial institution has obtained and maintains on file the person's name and address, as well as taxpayer identification number (e. See 31 CFR 1010.100
  • Euthanasia: means the humane destruction of an animal accomplished by a method that produces rapid unconsciousness and subsequent death without evidence of pain or distress, or a method that utilizes anesthesia produced by an agent that causes painless loss of consciousness and subsequent death

    Exhibitor means any person (public or private) exhibiting any animals, which were purchased in commerce or the intended distribution of which affects commerce, or will affect commerce, to the public for compensation, as determined by the Secretary. See 9 CFR 1.1

  • Execution date: The day on which the receiving financial institution may properly issue a transmittal order in execution of the sender's order. See 31 CFR 1010.100
  • Executive Office: means Executive Office for Immigration Review. See 8 CFR 1001.1
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Exempted state: means a state that has been designated as an exempted state by NMFS pursuant to §600. See 50 CFR 600.1400
  • Export: means any movement of fish or fish product from a territory under the control of the State or free trade zone of landing, or, where that State or free trade zone forms part of a customs union, any other Member State of that customs union. See 50 CFR 300.101
  • Fabricating: Cutting into wholesale or retail cuts, dicing or grinding. See 7 CFR 54.1
  • Factory vessel: means a vessel that processes, transforms, or packages aquatic biological resources on board. See 50 CFR 300.121
  • Federal agency: means an Executive agency as such term is defined in section 105 of title 5, United States Code, and with respect to any research facility means the agency from which the research facility receives a Federal award for the conduct of research, experimentation, or testing involving the use of animals. See 9 CFR 1.1
  • Federal Meat Inspection: The meat inspection system conducted under the Federal Meat Inspection Act as amended by the Wholesome Meat Act (21 U. See 7 CFR 54.1
  • Federal research facility: means each department, agency, or instrumentality of the United States which uses live animals for research or experimentation. See 9 CFR 1.1
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee: means the amount that fish buyers deduct from the delivery value under a financed reduction program. See 50 CFR 600.1000
  • Fee: means the six-tenths (0. See 50 CFR 600.1101
  • Fee collection deposits: Each fish buyer, no less frequently than at the end of each business week, shall deposit, in the deposit account established under paragraph (a) of this section, all fee revenue, not previously deposited, that the fish buyer has collected through a date not more than 2 calendar days before the date of deposit. See 50 CFR 600.1101
  • Fee fish: means all fish harvested from a reduction fishery involving a financed program during the period in which any amount of the reduction loan remains unpaid. See 50 CFR 600.1000
  • Fee fish: means all pollock harvested from the IC directed fishing allowance beginning on February 10, 2000 and ending at such time as the loan's principal and interest are fully repaid. See 50 CFR 600.1101
  • Felony: A crime carrying a penalty of more than a year in prison.
  • FFA: means the organization established by the 1979 South Pacific Forum Fisheries Agency Convention. See 50 CFR 300.31
  • FFA Vessel Register: means the registry of fishing vessels maintained by the FFA, comprising those vessels which are in good standing and licensed to fish in the waters of FFA member countries, including those vessels licensed under §300. See 50 CFR 300.31
  • Fin: means any of the fins of a shark (including the tail) or a portion thereof. See 50 CFR 600.1202
  • Final development plan: means the document NMFS prepares, under §600. See 50 CFR 600.1000
  • Financed: means funded, in any part, by a reduction loan. See 50 CFR 600.1000
  • Financial institution: Each agent, agency, branch, or office within the United States of any person doing business, whether or not on a regular basis or as an organized business concern, in one or more of the capacities listed below:

    (1) A bank (except bank credit card systems). See 31 CFR 1010.100

  • Financially interested person: Any person having a financial interest in the livestock involved, including but not limited to the shipper, receiver, producer, seller, buyer, or carrier of the livestock or products. See 7 CFR 53.1
  • Financially interested person: Any person having a financial interest in the products involved, including but not limited to the shipper, receiver, producer, seller, buyer, or carrier of the products. See 7 CFR 54.1
  • FinCEN: FinCEN means the Financial Crimes Enforcement Network, a bureau of the Department of the Treasury. See 31 CFR 1010.100
  • First receiver: means the person who first receives AMLRs landed from a vessel licensed under 50 CFR 300. See 50 CFR 300.101
  • Fish: means finfish, mollusks, and crustaceans. See 50 CFR 300.101
  • Fish buyer: means the first ex-vessel party who:

    (1) In an arm's--length transaction, purchases fee fish from a fish seller. See 50 CFR 600.1000

  • Fish buyer: means the first ex-vessel fish buyer who purchases fee fish from a fish seller. See 50 CFR 600.1101
  • Fish delivery: means the point at which a fish buyer first purchases fee fish or takes possession of fee fish from a fish seller. See 50 CFR 600.1000
  • Fish delivery: means the point at which a fish buyer first takes delivery or possession of fee fish from a fish seller. See 50 CFR 600.1101
  • Fish seller: means the party who harvests and first sells or otherwise delivers fee fish to a fish buyer. See 50 CFR 600.1000
  • Fish seller: means the harvester who catches and first sells fee fish to a fish buyer. See 50 CFR 600.1101
  • Fishing: means searching for, catching, taking, or harvesting fish. See 50 CFR 300.31
  • Fishing: means the taking, harvesting, or catching of fish, or any activity that can reasonably be expected to result in the taking, harvesting, or catching of fish, including:

    (1) The deployment of any amount or component part of setline gear anywhere in the maritime area. See 50 CFR 300.61

  • Fishing: means using any vessel, vehicle, aircraft or hovercraft for any of the following activities, or attempting to do so:

    (1) Searching for, catching, taking, or harvesting fish. See 50 CFR 300.211

  • Fishing arrangement: means an arrangement between a Pacific Island Party and the owner of a U. See 50 CFR 300.31
  • Fishing capacity reduction specifications: means the minimum amount of fishing capacity reduction and the maximum amount of reduction loan principal specified in a business plan. See 50 CFR 600.1000
  • Fishing trip: means a period that a fishing vessel spends at sea between port visits and during which any fishing occurs. See 50 CFR 300.211
  • Fishing trip: means a period that a fishing vessel spends at sea between port visits and during which any fishing occurs. See 50 CFR 300.21
  • Fishing vessel: means any vessel, boat, ship, or other craft that is used for, equipped to be used for, or of a type normally used for fishing. See 50 CFR 300.2
  • Fishing vessel: means any vessel used or intended for use for the purpose of fishing, including bunkering and other support vessels, carrier vessels and other vessels that unload or load fish in a transshipment, and any other vessel directly involved in fishing. See 50 CFR 300.211
  • Fishing vessel: means any vessel, boat, ship, or other craft that is used for, equipped to be used for, or of a type that is normally used for fishing or for assisting or supporting a vessel engaged in fishing, except purse seine skiffs. See 50 CFR 300.21
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Floating object: means any natural object or FAD around which fishing vessels may catch tuna. See 50 CFR 300.21
  • For personal injury: A claim may be presented by the injured person or by a duly authorized agent or legal representative or, where the claimant is a minor, by a parent or a person in loco parentis. See 32 CFR 536.27
  • For-hire fishing vessel: means a vessel on which passengers are carried to engage in angling or spear fishing, from whom a consideration is contributed as a condition of such carriage, whether directly or indirectly flowing to the owner, charterer, operator, agent or any other person having an interest in the vessel. See 50 CFR 600.1400
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign bank: A bank organized under foreign law, or an agency, branch or office located outside the United States of a bank. See 31 CFR 1010.100
  • Foreign financial agency: A person acting outside the United States for a person (except for a country, a monetary or financial authority acting as a monetary or financial authority, or an international financial institution of which the United States Government is a member) as a financial institution, bailee, depository trustee, or agent, or acting in a similar way related to money, credit, securities, gold, or a transaction in money, credit, securities, or gold. See 31 CFR 1010.100
  • Fork length: means the straight-line distance from the tip of the head (snout) to the rear center edge of the tail (caudal fin). See 50 CFR 622.2
  • Fraser River Panel: means the Fraser River Panel established by the Pacific Salmon Treaty. See 50 CFR 300.91
  • Fraser River Panel regulations: means regulations applicable to the Fraser River Panel Area that are recommended by the Commission (on the basis of proposals made by the Fraser River Panel) and approved by the Secretary of State. See 50 CFR 300.91
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Fishing Capacity Reduction Fund, and each subaccount for each program, established in the U. See 50 CFR 600.1000
  • Funds transfer: The series of transactions, beginning with the originator's payment order, made for the purpose of making payment to the beneficiary of the order. See 31 CFR 1010.100
  • Futures commission merchant: Any person registered or required to be registered as a futures commission merchant with the Commodity Futures Trading Commission ("CFTC") under the CEA, except persons who register pursuant to section 4f(a)(2) of the CEA, 7 U. See 31 CFR 1010.100
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Genetically engineered animal: means an animal modified by rDNA techniques, including the entire lineage of animals that contain the modification. See 50 CFR 622.2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gill net: means a fishing net of single web construction, not anchored, tied, staked, placed, or weighted in such a manner that it cannot drift. See 50 CFR 300.91
  • GMFMC: means the Gulf of Mexico Fishery Management Council. See 50 CFR 622.2
  • Golden crab: means the species Chaceon fenneri, or a part thereof. See 50 CFR 622.2
  • Grade: (1) As a noun, this term means an important commercial subdivision of livestock based on certain definite and preference determining factors, such as, but not limited to, conformation, finish, and muscling in livestock. See 7 CFR 53.1
  • Grade: (1) As a noun, this term means an important commercial subdivision of a product based on certain definite and preference determining factors, such as, but not limited to, conformation, finish, and quality in meats. See 7 CFR 54.1
  • Grading service: The service established and conducted under the regulations for the determination and certification or other identification of the class, grade, or other quality of livestock under standards. See 7 CFR 53.1
  • Grading Service: The service established and conducted under the regulations for the determination and certification or other identification of the class, grade, or other quality of products under standards. See 7 CFR 54.1
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • gross annual gaming revenue: means the gross gaming revenue received by a casino, during either the previous business year or the current business year of the casino. See 31 CFR 1010.100
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Gulf: means the Gulf of Mexico. See 50 CFR 622.2
  • Gulf reef fish: means one or more of the species, or a part thereof, listed in Table 3 in Appendix A of this part. See 50 CFR 622.2
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hail-out Reports: The operator of a Canadian vessel that has been fishing in U. See 50 CFR 600.530
  • Halibut harvest: means the catching and retaining of any halibut. See 50 CFR 300.61
  • Handline: means a line with attached hook(s) that is tended directly by hand. See 50 CFR 622.2
  • Handling: means petting, feeding, watering, cleaning, manipulating, loading, crating, shifting, transferring, immobilizing, restraining, treating, training, working and moving, or any similar activity with respect to any animal. See 9 CFR 1.1
  • HAPC: means habitat area of particular concern. See 50 CFR 622.2
  • Harvesting vessel: means any vessel of the United States (including any boat, ship, or other craft), that is used for, equipped to be used for, or of a type that is normally used for harvesting. See 50 CFR 300.101
  • Hawaiian Archipelago: means the Main and Northwestern Hawaiian Islands, including Midway Atoll. See 50 CFR 300.211
  • Headboat: means a vessel that holds a valid Certificate of Inspection (COI) issued by the USCG to carry more than six passengers for hire. See 50 CFR 622.2
  • Hearing: A review involving an appearance before the DRB by the applicant or on the applicant's behalf by a counsel or representative. See 32 CFR 865.103
  • High seas: means the waters beyond the territorial sea or exclusive economic zone (or the equivalent) of any nation, to the extent that such territorial sea or exclusive economic zone (or the equivalent) is recognized by the United States. See 50 CFR 300.211
  • High seas: means the waters beyond the territorial sea or exclusive economic zone (or the equivalent) of any Nation, to the extent that such territorial sea or exclusive economic zone (or the equivalent) is recognized by the United States. See 50 CFR 300.331
  • High seas fishing permit: means a permit issued under §300. See 50 CFR 300.211
  • High seas fishing permit: means a permit issued under this subpart. See 50 CFR 300.331
  • High seas fishing vessel: means any vessel of the United States used or intended for use on the high seas for the purpose of the commercial exploitation of living marine resources and as a harvesting vessel, mothership, or any other support vessel directly engaged in a fishing operation. See 50 CFR 300.331
  • Hook-and-line gear: means automatic reel, bandit gear, buoy gear, handline, longline, and rod and reel. See 50 CFR 622.2
  • Housing facility: means any land, premises, shed, barn, building, trailer, or other structure or area housing or intended to house animals. See 9 CFR 1.1
  • Housing government sponsored enterprise: (1) A "housing government sponsored enterprise" is one of the following "Regulated Entities" under 12 U. See 31 CFR 1010.100
  • IATTC: means the Inter-American Tropical Tuna Commission, established pursuant to the Convention for the Establishment of an Inter-American Tropical Tuna Commission. See 50 CFR 300.2
  • IATTC Convention Area: means all waters of the Pacific Ocean within the area bounded by the west coast of the Americas and by 50° N latitude from the coast of North America to its intersection with 150° W longitude, then 150° W longitude to its intersection with 50° S latitude, and then 50° S latitude to its intersection with the coast of South America. See 50 CFR 300.21
  • IC directed fishing allowance: means the directed fishing allowance allocated to the inshore component under section 206(b)(1) of the AFA. See 50 CFR 600.1101
  • IFQ: means individual fishing quota. See 50 CFR 622.2
  • IFQ halibut: means any halibut that is harvested with setline gear as defined in this section or fixed gear as defined in §679. See 50 CFR 300.61
  • immigration judge: means an attorney whom the Attorney General appoints as an administrative judge within the Executive Office for Immigration Review, qualified to conduct specified classes of proceedings, including a hearing under section 240 of the Act. See 8 CFR 1001.1
  • Implementation plan: means the plan in §600. See 50 CFR 600.1000
  • Import: means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction, constitutes an importation within the meaning of the customs laws of the United States. See 50 CFR 300.2
  • Import: means the physical entering or bringing of a fish or fish product into any part of the geographical territory under the control of a State, except where the catch is landed or transshipped within the definitions of landing or transshipment. See 50 CFR 300.101
  • In any manner: includes , but is not limited to, the breaking down of a single sum of currency exceeding $10,000 into smaller sums, including sums at or below $10,000, or the conduct of a transaction, or series of currency transactions at or below $10,000. See 31 CFR 1010.100
  • In general: A person that accepts checks (as defined in the Uniform Commercial Code), or monetary instruments (as defined at §1010. See 31 CFR 1010.100
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indian Gaming Regulatory Act: The Indian Gaming Regulatory Act of 1988, codified at 25 U. See 31 CFR 1010.100
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Indigenous people: means persons who are documented members of a federally recognized tribe or Alaskan Native Corporation or persons who reside in the western Pacific who are descended from the aboriginal people indigenous to the region who conducted commercial or subsistence fishing using traditional fishing methods, including angling. See 50 CFR 600.1400
  • Individual permit: means a National Science Foundation (NSF) permit issued under 45 CFR part 670. See 50 CFR 300.101
  • Information: means any knowledge that can be communicated, or documentary material, regardless of its physical form or characteristics, that is owned by, produced by or for, or is under the control of the United States Government. See 49 CFR 8.5
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspection vessel: means a vessel carrying a CCAMLR inspector and displaying the pennant approved by CCAMLR to identify such vessel. See 50 CFR 300.101
  • Institutional official: means the individual at a research facility who is authorized to legally commit on behalf of the research facility that the requirements of 9 CFR parts 1, 2, and 3 will be met. See 9 CFR 1.1
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interdepartmental waiver rule: Neither the U. See 32 CFR 536.27
  • Interest: Interest shall, from December 30, 1998, when NMFS disbursed the loan, until the date the borrower fully repays the loan, accrue at a fixed rate of 7. See 50 CFR 600.1101
  • Intermediary bank: A receiving bank other than the originator's bank or the beneficiary's bank. See 31 CFR 1010.100
  • Intermediary financial institution: A receiving financial institution, other than the transmittor's financial institution or the recipient's financial institution. See 31 CFR 1010.100
  • Intermediate handler: means any person, including a department, agency, or instrumentality of the United States or of any State or local government (other than a dealer, research facility, exhibitor, any person excluded from the definition of a dealer, research facility, or exhibitor, an operator of an auction sale, or a carrier), who is engaged in any business in which he receives custody of animals in connection with their transportation in commerce. See 9 CFR 1.1
  • International conservation and management measures: means measures to conserve or manage one or more species of living marine resources that are adopted and applied in accordance with the relevant rules of international law, as reflected in the 1982 United Nations Convention on the Law of the Sea, and that are recognized by the United States. See 50 CFR 300.331
  • Investment security: An instrument which:

    (1) Is issued in bearer or registered form. See 31 CFR 1010.100

  • IRCS: means International Radio Call Sign. See 50 CFR 300.2
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Landing: means to begin offloading any fish, to arrive in port with the intention of offloading any fish, or to cause any fish to be offloaded. See 50 CFR 300.101
  • Landing: means to begin to offload fish, or to offload fish from any vessel. See 50 CFR 300.301
  • Landing: means to begin transfer of fish from a fishing vessel. See 50 CFR 300.21
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Legal Holiday: Those days designated as legal public holidays in title 5, United States Code, section 6103(a). See 7 CFR 54.1
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Licensed veterinarian: means a person who has graduated from an accredited school of veterinary medicine or has received equivalent formal education as determined by the Administrator, and who has a valid license to practice veterinary medicine in some State. See 9 CFR 1.1
  • Licensee: means any person licensed according to the provisions of the Act and the regulations in part 2 of this subchapter. See 9 CFR 1.1
  • Licensing Area: means all waters in the Treaty Area except for:

    (1) Those waters subject to the jurisdiction of the United States in accordance with international law. See 50 CFR 300.31

  • Licensing period: means the period of validity of licenses issued in accordance with the Treaty. See 50 CFR 300.31
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limitation: For the purposes of this section, the term "money services business" shall not include:

    (i) A bank or foreign bank. See 31 CFR 1010.100

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Live rock: means living marine organisms, or an assemblage thereof, attached to a hard substrate, including dead coral or rock (excluding individual mollusk shells). See 50 CFR 622.2
  • Livestock: Cattle, sheep, swine, or goats. See 7 CFR 53.1
  • Loan: means the loan authorized by section 207(a) of the AFA. See 50 CFR 600.1101
  • loan or finance company: shall include a sole proprietor acting as a loan or finance company, and shall not include: A bank, a person registered with and functionally regulated or examined by the Securities and Exchange Commission or the Commodity Futures Trading Commission, any government sponsored enterprise regulated by the Federal Housing Finance Agency, any Federal or state agency or authority administering mortgage or housing assistance, fraud prevention or foreclosure prevention programs, or an individual employed by a loan or finance company or financial institution under this part. See 31 CFR 1010.100
  • Lobster: means one or both of the following:

    (1) Smoothtail lobster, Panulirus laevicauda. See 50 CFR 300.121

  • Long gillnet: means a gillnet that has a float line that is more than 1,000 yd (914 m) in length. See 50 CFR 622.2
  • Longline: means a line that is deployed horizontally to which gangions and hooks are attached. See 50 CFR 622.2
  • Longline gear: means a type of fishing gear consisting of a main line that exceeds 1 nautical mile in length, is suspended horizontally in the water column either anchored, floating, or attached to a vessel, and from which branch or dropper lines with hooks are attached. See 50 CFR 300.211
  • Longline gear: means a type of fishing gear consisting of a main line that exceeds 1 nautical mile in length, is suspended horizontally in the water column anchored, floating, or attached to a vessel, and from which branch or dropper lines with hooks are attached. See 50 CFR 300.21
  • MAFMC: means the Mid-Atlantic Fishery Management Council. See 50 CFR 622.2
  • Magnuson-Stevens Act: means the Magnuson-Stevens Fishery Conservation and Management Act, 16 U. See 50 CFR 300.2
  • Major operative procedure: means any surgical intervention that penetrates and exposes a body cavity or any procedure which produces permanent impairment of physical or physiological functions. See 9 CFR 1.1
  • Marine Fisheries Commission: means the Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, or the Pacific States Marine Fisheries Commission. See 50 CFR 300.211
  • Meat: The edible part of the muscle of an animal, which is skeletal, or which is found in the tongue, in the diaphragm, in the heart, or in the esophagus, and which is intended for human food, with or without the accompanying and overlying fat and the portions of bone, skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. See 7 CFR 54.1
  • Meat by-products: Any part capable of use as human food, other than meat, which has been derived from one or more cattle, sheep, swine, or goats. See 7 CFR 54.1
  • Meat food products: Any articles intended for human food (other than meat, prepared meats, and meat by-products) which are derived or prepared in whole or in substantial and definite part, from any portion of any animal, except such articles as organotherapeutic substances, meat juice, meat extract, and the like, which are only for medicinal purposes and are advertised only to the medical profession. See 7 CFR 54.1
  • Mesh size: means the distance between the inside of one knot to the outside of the opposite (vertical) knot in one mesh of a net. See 50 CFR 300.91
  • Mesh size: means the distance between the inside of one knot to the inside of the opposing knot when the mesh is stretched, regardless of twine size. See 50 CFR 300.21
  • Mid-Atlantic: means the Atlantic Ocean off the Atlantic coastal states from the boundary between the New England Fishery Management Council and the MAFMC, as specified in §600. See 50 CFR 622.2
  • Military charter halibut permit: means a permit issued by NMFS to a United States Military Morale, Welfare and Recreation Program pursuant to §300. See 50 CFR 300.61
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mobulid ray: means any animal in the family Mobulidae, which includes manta rays (Manta spp. See 50 CFR 300.21
  • Monetary instruments: (1) Monetary instruments include:

    (i) Currency. See 31 CFR 1010.100

  • Money services business: A person wherever located doing business, whether or not on a regular basis or as an organized or licensed business concern, wholly or in substantial part within the United States, in one or more of the capacities listed in paragraphs (ff)(1) through (ff)(7) of this section. See 31 CFR 1010.100
  • money transmission services: means the acceptance of currency, funds, or other value that substitutes for currency from one person and the transmission of currency, funds, or other value that substitutes for currency to another location or person by any means. See 31 CFR 1010.100
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • MPA: means marine protected area. See 50 CFR 622.2
  • Mutual fund: An "investment company" (as the term is defined in section 3 of the Investment Company Act (15 U. See 31 CFR 1010.100
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • National observer: means a U. See 50 CFR 300.101
  • Net delivery value: means the delivery value minus the fee. See 50 CFR 600.1000
  • Net delivery value: means the delivery value minus the fee. See 50 CFR 600.1101
  • Net sharing: means the transfer of fish that have not yet been loaded on board any fishing vessel from the purse seine net of one vessel to another fishing vessel. See 50 CFR 300.211
  • NMFS: means the National Marine Fisheries Service, NOAA, Department of Commerce. See 50 CFR 300.2
  • NMFS Headquarters: means NMFS, 1315 East-West Highway, Silver Spring, MD 20910. See 50 CFR 300.2
  • NOAA: means the National Oceanic and Atmospheric Administration, Department of Commerce. See 50 CFR 300.211
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonhuman primate: means any nonhuman member of the highest order of mammals including prosimians, monkeys, and apes. See 9 CFR 1.1
  • North Atlantic: means the Atlantic Ocean off the Atlantic coastal states from the boundary between the United States and Canada to the boundary between the New England Fishery Management Council and the MAFMC, as specified in §600. See 50 CFR 622.2
  • Notification: (i) NMFS will send an appropriate fee payment and collection commencement notification to each affected fish seller and fish buyer of whom NMFS has knowledge. See 50 CFR 600.1101
  • Oath: A promise to tell the truth.
  • Obligation: The borrower shall repay the loan in accordance with the AFA and this subpart. See 50 CFR 600.1101
  • Observer: means any person serving in the capacity of an observer employed by NMFS, either directly or under contract with a third party, or certified as an observer by NMFS. See 50 CFR 300.331
  • Observer: means an individual placed aboard a fishing vessel under the IATTC observer program or any other international observer program in which the United States may participate. See 50 CFR 300.21
  • Observer information: means any information collected, observed, retrieved, or created by an observer or electronic monitoring system pursuant to authorization by the Secretary, or collected as part of a cooperative research initiative, including fish harvest or processing observations, fish sampling or weighing data, vessel logbook data, vessel or processor-specific information (including any safety, location, or operating condition observations), and video, audio, photographic, or written documents. See 50 CFR 300.211
  • Office Director: means the director of the NMFS Office for International Affairs and Seafood Inspection. See 50 CFR 300.331
  • Office of grading: The office of an official grader. See 7 CFR 54.1
  • Official grader: An employee of the Department or other person authorized by the Department to determine and certify or otherwise identify the class, grade, other quality, or compliance of livestock under the regulations. See 7 CFR 53.1
  • Official grader: An employee of the Department or other person authorized by the Department to determine and certify or otherwise identify the class, grade, other quality, or compliance of products under the regulations. See 7 CFR 54.1
  • Official number: means the documentation number issued by the USCG or the certificate number issued by a state or the USCG for an undocumented vessel, or any equivalent number if the vessel is registered in a foreign nation. See 50 CFR 300.2
  • Official standards: Official standards refer to the United States Standards for Grades of Carcass Beef. See 7 CFR 54.1
  • Operator: means any person who is in charge of, directs or controls a vessel, including the owner, charterer and master. See 50 CFR 300.31
  • Operator of an auction sale: means any person who is engaged in operating an auction at which animals are purchased or sold in commerce. See 9 CFR 1.1
  • Option on a commodity: Any agreement, contract, or transaction described in section 1a(26) of the CEA, 7 U. See 31 CFR 1010.100
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Originator: The sender of the first payment order in a funds transfer. See 31 CFR 1010.100
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Overall length: means registered length, or the horizontal distance between the outboard side of the foremost part of the stem and the outboard side of the aftermost part of the stern, excluding rudders, outboard motor brackets, and other similar fittings and attachments for a single-hull vessel. See 50 CFR 300.21
  • Overlap Area: means the area within the Pacific Ocean bounded by 50° S latitude, 4° S latitude, 150° W longitude, and 130° W longitude. See 50 CFR 300.211
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: includes the following:

    (1) For real property. See 32 CFR 536.27

  • Pacific Island Party: means a Pacific island nation that is a party to the Treaty. See 50 CFR 300.31
  • Pacific Islands Regional Administrator: means the Regional Administrator, Pacific Islands Region, NMFS, 1845 Wasp Blvd. See 50 CFR 300.211
  • Parties to the Nauru Agreement: means the parties to the Nauru Agreement Concerning Cooperation in the Management of Fisheries of Common Interest, as specified on the Web site of the Parties to the Nauru Agreement at www. See 50 CFR 300.211
  • Payment and collection: (i) The fee is due and payable at the time of fish delivery. See 50 CFR 600.1101
  • Payment date: The day on which the amount of the transmittal order is payable to the recipient by the recipient's financial institution. See 31 CFR 1010.100
  • Payment order: An instruction of a sender to a receiving bank, transmitted orally, electronically, or in writing, to pay, or to cause another bank or foreign bank to pay, a fixed or determinable amount of money to a beneficiary if:

    (1) The instruction does not state a condition to payment to the beneficiary other than time of payment. See 31 CFR 1010.100

  • Pelagic longline: means a longline that is suspended by floats in the water column and that is not fixed to or in contact with the ocean bottom. See 50 CFR 622.2
  • Pelagic sargassum: means the species Sargassum natans or S. See 50 CFR 622.2
  • Penaeid shrimp: means one or more of the following species, or a part thereof:

    (1) Brown shrimp, Farfantepenaeus aztecus. See 50 CFR 622.2

  • Person: includes an individual, corporation, firm, or association. See 50 CFR 300.61
  • Person: means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized, or existing under the laws of any state), and any Federal, state, local, or foreign government or any entity of any such government. See 50 CFR 300.2
  • Person: An individual, a corporation, a partnership, a trust or estate, a joint stock company, an association, a syndicate, joint venture, or other unincorporated organization or group, an Indian Tribe (as that term is defined in the Indian Gaming Regulatory Act), and all entities cognizable as legal personalities. See 31 CFR 1010.100
  • Person: means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government. See 50 CFR 300.211
  • Person: Any individual, partnership, corporation, or other legal entity, or Government agency. See 7 CFR 53.1
  • Person: means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. See 9 CFR 1.1
  • Person: Any individual, partnership, corporation, or other legal entity, or Government agency. See 7 CFR 54.1
  • Personal property: All property that is not real property.
  • Pink salmon: means Oncorhynchus gorbuscha. See 50 CFR 300.91
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Port-to-port: means from the time the vessel leaves port to the time that the vessel returns to port and at all points in between. See 50 CFR 300.101
  • Post-bidding referendum: means a referendum that follows bidding under §600. See 50 CFR 600.1000
  • Post-reduction: means after a program reduces fishing capacity in a reduction fishery. See 50 CFR 600.1000
  • Pound or shelter: means a facility that accepts and/or seizes animals for the purpose of caring for them, placing them through adoption, or carrying out law enforcement, whether or not the facility is operated for profit. See 9 CFR 1.1
  • Power hauling: means using electrically, hydraulically, or mechanically powered devices or attachments or other assisting devises or attachments to deploy and retrieve fishing gear. See 50 CFR 300.61
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Powerhead: means any device with an explosive charge, usually attached to a speargun, spear, pole, or stick, that fires a projectile upon contact. See 50 CFR 622.2
  • practice: means the act or acts of any person appearing in any case, either in person or through the preparation or filing of any brief or other document, paper, application, or petition on behalf of another person or client before or with DHS, or any immigration judge, or the Board. See 8 CFR 1001.1
  • Pre-bidding referendum: means a referendum that occurs at any time after a request for a financed program but before a proposal under §600. See 50 CFR 600.1000
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preliminary development plan: means the document specified in §600. See 50 CFR 600.1000
  • Prepaid access: Access to funds or the value of funds that have been paid in advance and can be retrieved or transferred at some point in the future through an electronic device or vehicle, such as a card, code, electronic serial number, mobile identification number, or personal identification number. See 31 CFR 1010.100
  • Prepaid program: A prepaid program is an arrangement under which one or more persons acting together provide(s) prepaid access. See 31 CFR 1010.100
  • Prepared meats: The products intended for human food which are obtained by subjecting meat to drying, curing, smoking, cooking, grinding, seasoning, or flavoring, or to any combination of such procedures, and to which no considerable quantity of any substance other than meat or meat byproducts has been added. See 7 CFR 54.1
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Primary enclosure: means any structure or device used to restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment, pool, or hutch. See 9 CFR 1.1
  • Principal amount: The loan's principal amount is $75,000,000 (seventy five million dollars). See 50 CFR 600.1101
  • Principal investigator: means an employee of a research facility, or other person associated with a research facility, responsible for a proposal to conduct research and for the design and implementation of research involving animals. See 9 CFR 1.1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Processed fish: means fish in any form different from the form in which the fish existed at the time the fish was first harvested, unless any such difference in form represents, in the reduction fishery involved, the standard ex-vessel form upon which fish sellers and fish buyers characteristically base the delivery value of unprocessed fish. See 50 CFR 600.1000
  • 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. See 50 CFR 300.151
  • Processing: means the preparation or packaging of fish to render it suitable for human consumption, retail sale, industrial uses or long-term storage, including, but not limited to, cooking, canning, smoking, salting, drying, filleting, freezing, or rendering into meal or oil. See 50 CFR 300.301
  • Processing: Drying, curing, smoking, cooking, seasoning, or flavoring or any combination of such processes, with or without fabricating. See 7 CFR 54.1
  • Processor: means a person who processes fish or fish products, or parts thereof, for commercial use or consumption. See 50 CFR 622.2
  • Products: Meats, prepared meats, meat by-products, or meat food products. See 7 CFR 54.1
  • Program: means each instance of reduction under this subpart, in each reduction fishery--starting with a request and ending, for a financed program, with full reduction loan repayment. See 50 CFR 600.1000
  • Program: The Livestock and Poultry Program of the Agricultural Marketing Service. See 7 CFR 54.1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchase: means the act or activity of buying, trading, or bartering, or attempting to buy, trade, or barter. See 50 CFR 622.2
  • Purse seine: means all types of fishing gear consisting of a lead line, cork line, auxiliary lines, purse line and purse rings and of mesh net webbing fashioned in such a manner that it is used to encircle fish, and in addition prevent their escape under the bottom or lead line of the net by drawing in the bottom of the net by means of the purse line so that it forms a closed bag. See 50 CFR 300.91
  • Purse seine: means a floated and weighted encircling net that is closed by means of a drawstring threaded through rings attached to the bottom of the net. See 50 CFR 300.211
  • Quality: A combination of the inherent properties of a product which determines its relative degree of excellence. See 7 CFR 54.1
  • Quality grade: A designation based on those characteristics of meat which predict the palatability characteristics of the lean. See 7 CFR 54.1
  • queen conch: means the species, Strombus gigas, or a part thereof. See 50 CFR 622.2
  • Quorum: The number of legislators that must be present to do business.
  • Quorum: means a majority of the Committee members. See 9 CFR 1.1
  • Random source: means dogs and cats obtained from animal pounds or shelters, auction sales, or from any person who did not breed and raise them on his or her premises. See 9 CFR 1.1
  • Re-export: means any movement of a fish or fish product from a territory under the control of a State, free trade zone, or Member State of a customs union of import unless that State, free trade zone, or any Member State of that customs union is the first place of landing, in which case the movement is an export within the definition of export. See 50 CFR 300.101
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real-time: means as soon as possible, but at least every hour with no more than a 1-hour delay. See 50 CFR 300.101
  • Receiving bank: The bank or foreign bank to which the sender's instruction is addressed. See 31 CFR 1010.100
  • Receiving financial institution: The financial institution or foreign financial agency to which the sender's instruction is addressed. See 31 CFR 1010.100
  • Recess: A temporary interruption of the legislative business.
  • Recipient: The person to be paid by the recipient's financial institution. See 31 CFR 1010.100
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Recreational fishing: means fishing with hook and line for personal use and not for sale. See 50 CFR 300.101
  • Red snapper: means Lutjanus campechanus, or a part thereof, one of the Gulf reef fish species. See 50 CFR 622.2
  • Reduction: means the act of reducing fishing capacity under any program. See 50 CFR 600.1000
  • Reduction amendment: means any amendment, or, where appropriate, framework adjustment, to a CFMP that may be necessary for a program to meet the requirements of this subpart. See 50 CFR 600.1000
  • Reduction contract: means the invitation to bid under §600. See 50 CFR 600.1000
  • Reduction cost: means the total dollar amount of all reduction payments to fishing permit owners, fishing vessel owners, or both, in a reduction fishery. See 50 CFR 600.1000
  • Reduction fishery: means the fishery or portion of a fishery to which a program applies. See 50 CFR 600.1000
  • Reduction loan: means a loan, under section 1111 and section 1112 of Title XI of the Merchant Marine Act, 1936, as amended (46 U. See 50 CFR 600.1000
  • Reduction payment: means the Federal Government's fishing capacity reduction payment to a fishing permit owner, fishing vessel owner, or both, under a reduction contract. See 50 CFR 600.1000
  • Reduction permit: means any fishing permit revoked in a program in exchange for a reduction payment under a reduction contract. See 50 CFR 600.1000
  • Reduction vessel: means any fishing vessel withdrawn from fishing either by scrapping or title restriction in exchange for a reduction payment under a reduction contract. See 50 CFR 600.1000
  • Reef net: means a non-self-fishing open bunt square or rectangular section of mesh netting suspended between two anchored boats fashioned in such a manner that to impound salmon passing over the net, the net must be raised to the surface. See 50 CFR 300.91
  • Referendum: means the voting process under §600. See 50 CFR 600.1000
  • Refunds: When NMFS determines that the loan is fully repaid, NMFS will refund any excess fee receipts, on a last-in/first-out basis, to the fish buyers. See 50 CFR 600.1101
  • Regional Administrator: means the Regional Administrator for the West Coast Region, National Marine Fisheries Service, or a designee. See 50 CFR 300.21
  • Regional Administrator: means the Regional Administrator, Pacific Islands Region, NMFS, 1845 Wasp Blvd. See 50 CFR 300.31
  • Regional Administrator: means the Administrator of one of the six NMFS Regions, described in Table 1 of §600. See 50 CFR 300.2
  • Regional Administrator: means the Administrator of the Southeast Region, or a designee. See 50 CFR 300.121
  • Regional Administrator: means Administrator of the Alaska Region, or a designee. See 50 CFR 300.151
  • Regional Administrator: means the Regional Administrator, Southwest Region, NMFS, 501 W. See 50 CFR 300.171
  • Regional Administrator: means any one of the Directors of a NMFS regional office, defined under §300. See 50 CFR 300.331
  • Regional Administrator: means the Regional Administrator, Southwest Region, NMFS, 501 W. See 50 CFR 600.530
  • Registrant: means any research facility, carrier, intermediate handler, or exhibitor not required to be licensed under section 3 of the Act, registered pursuant to the provisions of the Act and the regulations in part 2 of this subchapter. See 9 CFR 1.1
  • Regulations: The regulations in this subpart. See 7 CFR 53.1
  • regulations: The regulations in this subpart. See 7 CFR 54.1
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Repayment: The fee shall be the exclusive source of loan repayment. See 50 CFR 600.1101
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Reporting Office: means the office designated by the Regional Administrator to take hail-in and hail-out reports from U. See 50 CFR 300.171
  • Reporting Office: means the office designated by the Regional Administrator to take hail-in and hail-out reports from U. See 50 CFR 600.530
  • Reporting week: means the period of time beginning at 12:01 a. See 50 CFR 622.2
  • representative: refers to a person who is entitled to represent others as provided in §§1292. See 8 CFR 1001.1
  • Request: means a request, under §600. See 50 CFR 600.1000
  • Requester: means a Council for a fishery identified in §600. See 50 CFR 600.1000
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Research facility: means any school (except an elementary or secondary school), institution, organization, or person that uses or intends to use live animals in research, tests, or experiments, and that (1) purchases or transports live animals in commerce, or (2) receives funds under a grant, award, loan, or contract from a department, agency, or instrumentality of the United States for the purpose of carrying out research, tests, or experiments: Provided, That the Administrator may exempt, by regulation, any such school, institution, organization, or person that does not use or intend to use live dogs or cats, except those schools, institutions, organizations, or persons, which use substantial numbers (as determined by the Administrator) of live animals the principal function of which schools, institutions, organizations, or persons, is biomedical research or testing, when in the judgment of the Administrator, any such exemption does not vitiate the purpose of the Act. See 9 CFR 1.1
  • Residential mortgage lender or originator: A residential mortgage lender or originator includes:

    (i) Residential mortgage lender. See 31 CFR 1010.100

  • Residential mortgage loan: A loan that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on:

    (A) A residential structure that contains one to four units, including, if used as a residence, an individual condominium unit, cooperative unit, mobile home or trailer. See 31 CFR 1010.100

  • Residential mortgage originator: A person who accepts a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan. See 31 CFR 1010.100
  • respondent: means a person named in a Notice to Appear issued in accordance with section 239(a) of the Act, or in an Order to Show Cause issued in accordance with §242. See 8 CFR 1001.1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Rod and reel: means a rod and reel unit that is not attached to a vessel, or, if attached, is readily removable, from which a line and attached hook(s) are deployed. See 50 CFR 622.2
  • Run-around gillnet: means a gillnet, other than a long gillnet, that, when used, encloses an area of water. See 50 CFR 622.2
  • 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. See 50 CFR 300.151
  • 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. See 50 CFR 300.151
  • SAFMC: means the South Atlantic Fishery Management Council. See 50 CFR 622.2
  • Science and Research Director: means the Director, Southeast Fisheries Science Center. See 50 CFR 300.121
  • 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. See 50 CFR 300.151
  • Scrap: means to completely and permanently reduce a fishing vessel's hull, superstructures, and other fixed structural components to fragments having value, if any, only as raw materials for reprocessing or for other non-fisheries use. See 50 CFR 600.1000
  • Sea bass pot: means a trap has six rectangular sides and does not exceed 25 inches (63. See 50 CFR 622.2
  • Seal excluder device: means a barrier within the body of a trawl comprised of a metal frame, nylon mesh, or any material that results in an obstruction to seals between the mouth opening and the cod end of the trawl. See 50 CFR 300.101
  • Secretary: means the Secretary of Commerce or a designee. See 50 CFR 300.2
  • Secretary: The Secretary of the Treasury or any person duly authorized by the Secretary to perform the function mentioned. See 31 CFR 1010.100
  • Secretary: means the Secretary of Agriculture of the United States or his representative who shall be an employee of the Department. See 9 CFR 1.1
  • Security: Security means any instrument or interest described in section 3(a)(10) of the Securities Exchange Act of 1934, 15 U. See 31 CFR 1010.100
  • sell: means the act or activity of transferring property for money or credit, trading, or bartering, or attempting to so transfer, trade, or barter. See 50 CFR 622.2
  • Seller of prepaid access: Any person that receives funds or the value of funds in exchange for an initial loading or subsequent loading of prepaid access if that person:

    (i) Sells prepaid access offered under a prepaid program that can be used before verification of customer identification under §1022. See 31 CFR 1010.100

  • Sender: The person giving the instruction to the receiving financial institution. See 31 CFR 1010.100
  • Service: means the Immigration and Naturalization Service, as it existed prior to March 1, 2003. See 8 CFR 1001.1
  • Service: Grading service or acceptance service. See 7 CFR 53.1
  • Service: Services offered by the Grading Services Branch such as Grading Service, Certification Service, and Carcass Data Service. See 7 CFR 54.1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Setline gear: means one or more stationary, buoyed, and anchored lines with hooks attached. See 50 CFR 300.61
  • Shark line: means a type of fishing gear used to target sharks and consisting of an individual hooked line or hooked lines attached to the floatline or directly to the floats of longline gear and deployed in the water column at depths shallower than the mainline. See 50 CFR 300.21
  • Shrimp: means one or more of the following species, or a part thereof:

    (1) Brown shrimp, Farfantepenaeus aztecus. See 50 CFR 622.2

  • Shrimp trawler: means any vessel that is equipped with one or more trawl nets whose on-board or landed catch of shrimp is more than 1 percent, by weight, of all fish comprising its on-board or landed catch. See 50 CFR 622.2
  • Significant risk: means likely to adversely affect endangered or threatened species or their critical habitat. See 50 CFR 622.2
  • Smalltooth sawfish: means the species Pristis pectinata, or a part thereof. See 50 CFR 622.2
  • SMZ: means special management zone. See 50 CFR 622.2
  • Sockeye salmon: means the anadromous form of Oncorhynchus nerka. See 50 CFR 300.91
  • South Atlantic: means the Atlantic Ocean off the Atlantic coastal states from the boundary between the MAFMC and the SAFMC, as specified in §600. See 50 CFR 622.2
  • South Atlantic snapper-grouper: means one or more of the species, or a part thereof, listed in Table 4 in Appendix A of this part. See 50 CFR 622.2
  • Spearfishing: means fishing for, attempting to fish for, catching or attempting to catch fish in tidal waters by any person with a spear or a powerhead (see 50 CFR 600. See 50 CFR 600.1400
  • Specifications: Description with respect to the class, grade, other quality, quantity or condition of livestock approved by the Administrator, and available for use by the industry regardless of the origin of the descriptions. See 7 CFR 53.1
  • Specifications: Descriptions with respect to the class, grade, other quality, quantity or condition of products, approved by the Administrator, and available for use by the industry regardless of the origin of the descriptions. See 7 CFR 54.1
  • spiny lobster: means the species Panulirus argus, or a part thereof. See 50 CFR 622.2
  • Stab net: means a gillnet, other than a long gillnet, or trammel net whose weight line sinks to the bottom and submerges the float line. See 50 CFR 622.2
  • Standards: The standards of the Department contained in Official United States Standards for Grades of: Carcass Beef. See 7 CFR 53.1
  • Standards: means the requirements with respect to the humane housing, exhibition, handling, care, treatment, temperature, and transportation of animals by dealers, exhibitors research facilities, carriers, intermediate handlers, and operators of auction sales as set forth in part 3 of this subchapter. See 9 CFR 1.1
  • State: means each of the several States of the United States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States. See 50 CFR 300.211
  • State: The States of the United States and, wherever necessary to carry out the provisions of this chapter, the District of Columbia. See 31 CFR 1010.100
  • State: means a State of the United States, the District of Columbia, Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or any other territory or possession of the United States. See 9 CFR 1.1
  • State records: If landing records that a state requires from fish sellers contain some or all of the data that this section requires and state confidentiality laws or regulations do not prevent NMFS' access to the records maintained for the state, then fish buyers can use such records to meet appropriate portions of this section's recordkeeping requirements. See 50 CFR 600.1101
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subaccount: means the Inshore Component Pollock Subaccount of the Fishing Capacity Reduction Fund in the U. See 50 CFR 600.1101
  • Subpoena: A command to a witness to appear and give testimony.
  • Subrogation: A claim may be presented by the subrogee in his or her own name if authorized by the law of the place where the incident giving rise to the claim occurred, under subpart D or H of this part only. See 32 CFR 536.27
  • Subsidized: means wholly funded by anything other than a reduction loan. See 50 CFR 600.1000
  • Subsistence halibut: means halibut caught by a rural resident or a member of an Alaska Native tribe for direct personal or family consumption as food, sharing for personal or family consumption as food, or customary trade. See 50 CFR 300.61
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervisor: An official person designated by the Director or Chief to supervise and maintain uniformity and accuracy of service under the regulations. See 7 CFR 53.1
  • Support: means any operation by a vessel assisting fishing by another vessel, including--

    (1) Transferring or transporting fish or fish products. See 50 CFR 300.151

  • Tail length: means the lengthwise measurement of the entire tail (segmented portion), not including any protruding muscle tissue, of a spiny lobster along the top middorsal line (middle of the back) to the rearmost extremity. See 50 CFR 622.2
  • Taxpayer Identification Number: Taxpayer Identification Number ("TIN") is defined by section 6109 of the Internal Revenue Code of 1986 (26 U. See 31 CFR 1010.100
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tender vessel: means a vessel that does not engage in purse seine fishing but tends to FADs in support of tuna fishing operations. See 50 CFR 300.21
  • Territories and Insular Possessions: The Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and all other territories and possessions of the United States other than the Indian lands and the District of Columbia. See 31 CFR 1010.100
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tidal waters: means waters that lie below mean high water and seaward of the first upstream obstruction or barrier to tidal action and that are subject to the ebb and flow of the astronomical tides under ordinary conditions. See 50 CFR 600.1400
  • 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. See 50 CFR 300.151
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Toxic chemical: means any substance, other than an allowable chemical, that, when introduced into the water, can stun, immobilize, or take marine life. See 50 CFR 622.2
  • Trammel net: means two or more panels of netting, suspended vertically in the water by a common float line and a common weight line, with one panel having a larger mesh size than the other(s), to entrap fish in a pocket of netting. See 50 CFR 622.2
  • Transaction: (1) Except as provided in paragraph (bbb)(2) of this section, transaction means a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, security, contract of sale of a commodity for future delivery, option on any contract of sale of a commodity for future delivery, option on a commodity, purchase or redemption of any money order, payment or order for any money remittance or transfer, purchase or redemption of casino chips or tokens, or other gaming instruments or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected. See 31 CFR 1010.100
  • Transaction account: Transaction accounts include those accounts described in 12 U. See 31 CFR 1010.100
  • transaction in currency: shall mean a transaction involving the physical transfer of currency from one person to another. See 31 CFR 1010.100
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer or assignment: (1) Under the Antiassignment Act (31 U. See 32 CFR 536.27
  • Transgenic animal: means an animal whose genome contains a nucleotide sequence that has been intentionally modified in vitro, and the progeny of such an animal. See 50 CFR 622.2
  • Transmittal of funds: A series of transactions beginning with the transmittor's transmittal order, made for the purpose of making payment to the recipient of the order. See 31 CFR 1010.100
  • Transmittal order: The term transmittal order includes a payment order and is an instruction of a sender to a receiving financial institution, transmitted orally, electronically, or in writing, to pay, or cause another financial institution or foreign financial agency to pay, a fixed or determinable amount of money to a recipient if:

    (1) The instruction does not state a condition to payment to the recipient other than time of payment. See 31 CFR 1010.100

  • Transmittor: The sender of the first transmittal order in a transmittal of funds. See 31 CFR 1010.100
  • Transship: means to unload fish from a vessel that caught fish to another vessel. See 50 CFR 300.21
  • Transship: means to unload any or all of the fish on board a licensed vessel either ashore or onto another vessel. See 50 CFR 300.31
  • Transship or transshipment: means the transfer of fish or fish products, other AMLRs, or any other goods or materials directly from one vessel to another. See 50 CFR 300.101
  • Transshipment: means the unloading of fish from on board one fishing vessel and its direct transfer to, and loading on board, another fishing vessel, either at sea or in port. See 50 CFR 300.211
  • transshipment: means offloading or receiving or otherwise transferring fish or fish products from one fishing vessel to another. See 50 CFR 300.331
  • Transshipping: means the offloading, unloading, or transferring of fish or fish products from one vessel to another. See 50 CFR 300.301
  • Treasury percentage: means the annual percentage rate at which NMFS must pay interest to the U. See 50 CFR 600.1000
  • Treaty: means the 1981 Treaty Between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges as amended in 2002. See 50 CFR 300.171
  • Treaty: means the 1981 Treaty Between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges as amended in 2002. See 50 CFR 600.530
  • Treaty Area: means all waters north of 60°…. See 50 CFR 300.31
  • Treaty Indian: means any member of a treaty Indian tribe whose treaty fishing place is in the Fraser River Panel Area (U. See 50 CFR 300.91
  • Treaty Indian fishing gear: means fishing gear defined authorized, and identified under treaty Indian tribal laws and regulations in accordance with the requirements of Final Decision No. See 50 CFR 300.91
  • Treaty waters: means the waters of one or more of the following:

    (1) Quita Sueno, enclosed by latitudes 13°55? N. See 50 CFR 300.121

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trip: means a fishing trip, regardless of number of days duration, that begins with departure from a dock, berth, beach, seawall, or ramp and that terminates with return to a dock, berth, beach, seawall, or ramp. See 50 CFR 622.2
  • Trip limit: means the total allowable amount of a species by weight of fish that may be retained on board, transshipped, or landed from a single fishing trip by a vessel that harvests tuna or tuna-like species. See 50 CFR 300.21
  • Troll fishing gear: means one or more lines that drag hooks with bait or lures behind a moving fishing vessel. See 50 CFR 300.91
  • Tropical tuna: means any of the following species:

    Common nameScientific name
    Bigeye tuna50 CFR 300.21
  • Tuna: means any fish of the genus Thunnus and the species Katsuwonus pelamis. See 50 CFR 300.21
  • United States: The States of the United States, the District of Columbia, the Indian lands (as that term is defined in the Indian Gaming Regulatory Act), and the Territories and Insular Possessions of the United States. See 31 CFR 1010.100
  • Unprocessed fish: means fish in the same form as the fish existed at the time the fish was harvested, unless any difference in form represents, in the reduction fishery involved, the standard ex-vessel form upon which fish sellers and fish buyers characteristically base the delivery value of unprocessed fish. See 50 CFR 600.1000
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • USCG: means the United States Coast Guard. See 50 CFR 300.2
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Venting device: means a device intended to deflate the abdominal cavity of a fish to release the fish with minimum damage. See 50 CFR 622.2
  • Verdict: The decision of a petit jury or a judge.
  • vessel: means any boat, ship, or other craft that is used for, equipped to be used for, or of a type normally used for commercial fishing, and that is documented under the laws of the United States. See 50 CFR 300.31
  • Vessel identification: A Canadian vessel fishing under the Treaty as amended in 2002 must clearly display its Canadian vessel registration number followed by the letter C in the same height and size as the numerals, consistent with Canadian vessel marking requirements. See 50 CFR 600.530
  • Vessel list: A Canadian vessel is not eligible to fish for albacore in U. See 50 CFR 600.530
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Vote: means a vote in a referendum. See 50 CFR 600.1000
  • Wahoo: means the species Acanthocybium solandri, or a part thereof, in the Atlantic. See 50 CFR 622.2
  • WCPF Convention: means the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (including any annexes, amendments, or protocols that are in force, or have come into force, for the United States) that was adopted at Honolulu, Hawaii, on September 5, 2000, by the Multilateral High-Level Conference on Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. See 50 CFR 300.211
  • WCPFC Area Endorsement: means the authorization issued by NMFS under §300. See 50 CFR 300.211
  • WCPFC inspection vessel: means any vessel that is:

    (1) Authorized by a member of the Commission to be used to undertake boarding and inspection of fishing vessels on the high seas pursuant to, and in accordance with, Article 26 of the WCPF Convention and procedures established by the Commission pursuant thereto. See 50 CFR 300.211

  • WCPFC inspector: means a person that is authorized by a member of the Commission to undertake boarding and inspection of fishing vessels on the high seas pursuant to, and in accordance with, the boarding and inspection procedures adopted by the Commission under Article 26 of the WCPF Convention, and referred to therein as a "duly authorized inspector" or "authorized inspector. See 50 CFR 300.211
  • WCPFC observer: means a person authorized by the Commission in accordance with any procedures established by the Commission to undertake vessel observer duties as part of the Commission's Regional Observer Programme, including an observer deployed as part of a NMFS-administered observer program or as part of another national or sub-regional observer program, provided that such program is authorized by the Commission to be part of the Commission's Regional Observer Programme. See 50 CFR 300.211
  • Weaned: means that an animal has become accustomed to take solid food and has so done, without nursing, for a period of at least 5 days. See 9 CFR 1.1
  • Wild fish: means fish that are not propagated or reared by humans. See 50 CFR 622.2
  • Wild live rock: means live rock other than aquacultured live rock. See 50 CFR 622.2
  • Wreckfish: means the species Polyprion americanus, or a part thereof, one of the South Atlantic snapper-grouper species. See 50 CFR 622.2
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Yellowfin tuna: means any fish of the species Thunnus albacares (synonomy: Neothunnus macropterus). See 50 CFR 300.2
  • Yield grade: A designation which reflects the estimated yield of retail cuts that may be obtained from a beef, lamb, yearling mutton, or mutton carcass. See 7 CFR 54.1