PART I. GENERAL PROVISIONS

 

§187A-1  Definitions.  As used in thissubtitle, unless the context indicates otherwise:

"Aquaculture" means the propagation,cultivation, or farming of aquatic plants and animals in controlled or selectedenvironments for research purposes, commercial purposes, or stocking purposes.

"Aquatic life" means any type orspecies of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod,invertebrate, coral, or other animal that inhabits the freshwater or marineenvironment and includes any part, product, egg, or offspring thereof; orfreshwater or marine plants, including seeds, roots, products, and other partsthereof.

"Board" means the board of land andnatural resources.

"Commercial marine dealer" means anyperson who sells or exchanges, or who is an agent in the transfer of marinelife obtained directly from a commercial marine licensee, or any commercialmarine licensee who sells or exchanges marine life at retail.

"Commercial marine license" means alicense issued to take marine life within or outside the State for commercialpurpose.

"Commercial marine licensee" means aperson who has been issued a commercial marine license pursuant to section189-2.

"Commercial purpose" means the takingof marine life for profit or gain or as a means of livelihood where the marinelife is taken in or outside of the State, or where the marine life is sold,offered for sale, landed, or transported for sale anywhere in the State.

"Department" means the department ofland and natural resources.

"Fishing" or "to fish"means catching, taking, or harvesting, or attempting to catch, take, orharvest, aquatic life.  The use of a pole, line, hook, net, trap, spear, orother gear which is designed to catch, take, or harvest aquatic life, by anyperson who is in the water, or in a vessel on the water, or on or about theshore where aquatic life can be caught, taken, or harvested, shall be deemed tobe fishing.

"Harvest" means the taking andretaining of marine life by any means whatsoever.

"Marine life" means any type orspecies of saltwater fish, shellfish, mollusks, crustaceans, coral, or othermarine animals, including any part, product, egg, or offspring thereof; orseaweeds or other marine plants, including any part, product, seed, or rootthereof.

"Qualified aquaculturist" means aperson, or association of persons, actively engaged in aquaculture farming,aquaculture produce processing, or aquaculture product development activities.

"Shark" means any member of the classChondrichthyes, including but not limited to:  inshore species of galapagosshark (Carcharhinus galapagensis), reef blacktip shark (Carcharhinusmelanopterus), gray reef shark (Carcharhinus amblyrhynchos), big-nosed shark(Carcharhinus altimus), tiger shark (Galeocerdo cuvier), blacktip shark(Carcharhinus limbatus), smooth hammerhead shark (Sphyrna zygaena), reefwhitetip shark (Triaenodon obesus), scalloped hammerhead shark (Sphyrnalewini), sandbar shark (Carcharhinus plumbeus), offshore species of white shark(Carcharodon carcharias), shortfin mako shark (Isurus oxyrinchus), silky shark(Carcharhinus falciformis), blue shark (Prionace glauca), whale shark(Rhincodon typus), thresher shark (Alopias vulpinus), oceanic whitetip shark(Carcharhinus longimanus), cookie cutter shark (Isistius brasiliensis), andmegamouth shark (Megachasma pelagios). [L 1985, c 94, pt of §1; am L 1991, c160, §§1, 4; am L 2000, c 277, §3; am L 2001, c 177, §2]