Sec. 3. Definitions
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In this Act: The term appropriate congressional committees means— the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate; and the Committee on Natural Resources of the House of Representatives. The term Assistant Administrator means the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. The term Board means the National Fish Habitat Board established by section 4(a)(1). The terms conservation , conserve , manage , and management mean to maintain, sustain, and, where practicable, restore and enhance, using methods and procedures associated with modern scientific resource programs (including protection, research, census, law enforcement, habitat management, propagation, live trapping and transplantation, and the regulated harvesting of fish)— a healthy population of fish; a habitat required to sustain fish and fish populations; or a habitat required to sustain fish productivity.
The term Director means the Director of the United States Fish and Wildlife Service. The term fish means any freshwater, diadromous, estuarine, or marine finfish or shellfish. The term fish includes the egg, spawn, spat, larval, and other juvenile stages of an organism described in subparagraph (A). The term fish and wildlife-dependent recreation means a use involving hunting, fishing, wildlife observation and photography, or conservation education and interpretation. The term fish habitat means an area on which fish depend to carry out the life processes of the fish, including an area used by the fish for spawning, incubation, nursery, rearing, growth to maturity, food supply, or migration.
The term fish habitat may include— an area immediately adjacent to an aquatic environment, if the immediately adjacent area— contributes to the quality and quantity of water sources; or provides public access for the use of fishery resources; and an area inhabited by saltwater and brackish fish, including an offshore artificial marine reef in the Gulf of Mexico. The term fish habitat conservation project means a project that— is submitted to the Board by a Partnership and approved by the Secretary under section 6; and provides for the conservation or management of a fish habitat.
The term fish habitat conservation project includes— the provision of technical assistance to a State, Indian tribe, or local community by the National Fish Habitat Conservation Partnership Program or any other agency to facilitate the development of strategies and priorities for the conservation of fish habitats; or the voluntary obtaining of a real property interest in land or water, by a State, local government, or other non-Federal entity, including water rights, in accordance with terms and conditions that ensure that the real property will be administered for the long-term conservation of— the land or water; and the fish dependent on the land or water.
The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). The term National Fish Habitat Action Plan means the National Fish Habitat Action Plan dated April 24, 2006, and any subsequent revisions or amendments to that plan. The term Partnership means an entity designated by the Board as a Fish Habitat Conservation Partnership pursuant to section 5(a). The term real property interest means an ownership interest in— land; water (including water rights); or a building or object that is permanently affixed to land.
The term Secretary means the Secretary of the Interior. The term State means— each of the several States; the District of Columbia; the Commonwealth of Puerto Rico; Guam; the Virgin Islands; and any other territory or possession of the United States. The term State agency means— the fish and wildlife agency of a State; any department or division of a department or agency of a State that manages in the public trust the inland or marine fishery resources or sustains the habitat for those fishery resources of the State pursuant to State law or the constitution of the State; or the fish and wildlife agency of the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or any other territory or possession of the United States.
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