Sec. 3. Definitions
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/bill/116/s/4723/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term aquaculture — means any activity involved in the propagation, rearing, or attempted propagation or rearing, of cultured species, including the capture and rearing of broodstock; does not include the practice of capturing juvenile finfish to rear to maturity in an aquaculture facility for subsequent commercial sale; and does not include the practice of rearing and releasing cultured species for the purpose of enhancing wild populations. The term aquaculture stakeholder means owners and operators of offshore aquaculture facilities, Regional Fishery Management Councils, interstate fisheries commissions, conservation organizations, fisheries associations, State, county, and federally recognized Indian Tribes, and other interested parties.
The term also includes other Federal agencies that have interests in aquaculture. Except as otherwise specifically provided, the term coastal State has the meaning given the term coastal state in section 304(4) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453(4) ). The term cultured species means any species propagated and reared for marine aquaculture. The term includes larval marine shellfish species that self-recruit in the offshore environment. The term excludes any member of the class aves, reptilia, or mammalia.
Unless otherwise specified by the President in the public interest in a writing published in the Federal Register, the term exclusive economic zone means a zone, the outer boundary of which is 200 nautical miles from the baseline from which the breadth of the territorial sea is measured (except as established by a maritime boundary treaty in force or being provisionally applied by the United States or, in the absence of such a treaty, where the distance between the United States and another country is less than 400 nautical miles, a line equidistant between the United States and the other country).
Without affecting any Presidential proclamation with regard to the establishment of the United States territorial sea or exclusive economic zone, the inner boundary of the exclusive economic zone is— in the case of the coastal States, a line coterminous with the seaward boundary of each such State, as described in section 4 of the Submerged Lands Act ( 43 U.S.C. 1312 ); in the case of the Commonwealth of Puerto Rico, a line 9 nautical miles from the coastline of the Commonwealth of Puerto Rico; in the case of American Samoa, the United States Virgin Islands, or Guam, a line 3 geographic miles from the coastlines of American Samoa, the United States Virgin Islands, or Guam, respectively; in the case of the Commonwealth of the Northern Mariana Islands— the coastline of the Commonwealth of the Northern Mariana Islands, until the Commonwealth of the Northern Mariana Islands is granted authority by the United States to regulate all fishing to a line seaward of its coastline; and upon the United States grant of such authority, the line established by such grant of authority; or for any possession of the United States not under clause (ii), (iii), or (iv), the coastline of such possession.
Nothing in this definition may be construed to diminish the authority of the Department of Defense, the Department of the Interior, or any other Federal department or agency. The term healthy target stock means a component of a fishery managed in a similar or equivalent way to fisheries managed under the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq.) or by a United States interstate marine fisheries commission, or a component of a fishery targeted for harvest that is not overfished or experiencing overfishing.
The term lessee means any party to a lease, right-of-use and easement, or right-of-way, or an approved assignment thereof, issued pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq.). The term multi-trophic aquaculture means an assemblage of cultured species grown in close enough proximity to one another so that cultured species provide ecosystem services to one another. The term offshore aquaculture means aquaculture conducted in the exclusive economic zone.
The term offshore aquaculture facility means— an installation or structure used, in whole or in part, for offshore aquaculture; or an area of the seabed, water column, or the sediment used for offshore aquaculture. Except as otherwise specifically provided, the term Secretary means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere. The term sustainably managed fishery for aquaculture feed means a fishery that is used for feed and that is managed in such a manner to maintain healthy target stocks, to protect marine ecosystem structure, productivity, function, and diversity, and to minimize impacts to nontarget stocks.
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