Sec. 23. Definitions
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Section 221 (formerly 16 U.S.C. 6409 ), as redesignated by section 7 of this Act, is amended to read as follows: In this title: The term biodiversity means the variability among living organisms from all sources including, inter alia, terrestrial, marine, and other aquatic ecosystems and the ecological complexes of which they are part, including diversity within species, between species, and of ecosystems. The term bona fide research means scientific research on corals, the results of which are likely— to be eligible for publication in a referred scientific journal; to contribute to the basic knowledge of coral biology or ecology; or to identify, evaluate, or resolve conservation problems.
The term coral means species of the phylum Cnidaria, including— all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), Alcyonacea (soft corals), and Helioporacea (blue coral) of the class Anthozoa; and all species of the families Milleporidea (fire corals) and Stylasteridae (stylasterid hydrocorals) of the class Hydrozoa. The term coral reef means limestone structures composed in whole or in part of living corals, as described in paragraph (3), their skeletal remains, or both, and including other corals, associated sessile invertebrates and plants, and associated seagrasses.
The term coral reef component means any part of a coral reef, including individual living or dead corals, associated sessile invertebrates and plants, and any adjacent or associated seagrasses. The term coral reef ecosystem means the system of coral reefs and geographically associated species, habitats, and environment, including any adjacent or associated mangroves and seagrass habitats, and the processes that control its dynamics. The term coral products means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any species referred to in paragraph (3).
The term damages includes— compensation for— the cost of replacing, restoring, or acquiring the equivalent of the coral reef, or component thereof; and the lost services of, or the value of the lost use of, the coral reef or component thereof, or the cost of activities to minimize or prevent threats of, equivalent injury to, or destruction of coral reefs or components thereof, pending restoration or replacement or the acquisition of an equivalent coral reef or component thereof; the reasonable cost of damage assessments under section 213; the reasonable costs incurred by the Secretary in implementing section 208(d); the reasonable cost of monitoring appropriate to the injured, restored, or replaced resources; the reasonable cost of curation, conservation and loss of contextual information of any coral encrusted archaeological, historical, and cultural resource; the cost of legal actions under section 213, undertaken by the United States, associated with the destruction, loss of, taking of, or injury to, a coral reef or component thereof, including the costs of attorney time and expert witness fees; and the indirect costs associated with the costs listed in subparagraphs
(A)through
(F)of this paragraph. The term emergency actions means all necessary actions to prevent or minimize the additional destruction, loss of, taking of, or injury to, coral reefs or components thereof, or to minimize the risk of such additional destruction, loss, taking, or injury. The term Exclusive Economic Zone means the waters of the Exclusive Economic Zone of the United States under Presidential Proclamation 5030, dated March 10, 1983. The term person means any individual, private or public corporation, partnership, trust, institution, association, or any other public or private entity, whether foreign or domestic, private person or entity, or any officer, employee, agent, Department, agency, or instrumentality of the Federal Government, of any State or local unit of government, or of any foreign government. The term response costs means the costs of actions taken or authorized by the Secretary to minimize destruction, loss of, taking of, or injury to, a coral reef, or component thereof, or to minimize the imminent risks of such destruction, loss, taking, or injury, including costs related to seizure, forfeiture, storage, or disposal arising from liability under section 213. The term Secretary means— for purposes of sections 201 through 211, sections 218 through 220 (except as otherwise provided in subparagraph (B)), and the other paragraphs of this section, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; and for purposes of sections 212 through 217, and section 220— the Secretary of the Interior for any coral reef or component thereof located in
(I)the National Wildlife Refuge System,
(II)the National Park System, and
(III)the waters surrounding Wake Island under the jurisdiction of the Secretary of the Interior, as set forth in Executive Order 11048 (27 Fed. Reg. 8851 (September 4, 1962)); or the Secretary of Commerce for any coral reef or component thereof located in any area not described in clause (i). The term service means functions, ecological or otherwise, performed by a coral reef or component thereof. The term State means any State of the United States that contains a coral reef ecosystem within its seaward boundaries, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, and any other territory or possession of the United States, or separate sovereign in free association with the United States, that contains a coral reef ecosystem within its seaward boundaries. The term Territorial Sea means the waters of the Territorial Sea of the United States under Presidential Proclamation 5928, dated December 27, 1988. .
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U.S. Code
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- EO 11048
- 27 FR 8851
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