PART I. 
GENERAL PROVISIONS



 



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



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



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



"Board" means the board of land and
natural resources.



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



"Commercial marine license" means a
license issued to take marine life within or outside the State for commercial
purpose.



"Commercial marine licensee" means a
person who has been issued a commercial marine license pursuant to section
189-2.



"Commercial purpose" means the taking
of marine life for profit or gain or as a means of livelihood where the marine
life 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 of
land and natural resources.



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



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



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



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



"Shark" means any member of the class
Chondrichthyes, including but not limited to:  inshore species of galapagos
shark (Carcharhinus galapagensis), reef blacktip shark (Carcharhinus
melanopterus), gray reef shark (Carcharhinus amblyrhynchos), big-nosed shark
(Carcharhinus altimus), tiger shark (Galeocerdo cuvier), blacktip shark
(Carcharhinus limbatus), smooth hammerhead shark (Sphyrna zygaena), reef
whitetip shark (Triaenodon obesus), scalloped hammerhead shark (Sphyrna
lewini), 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), and
megamouth shark (Megachasma pelagios). [L 1985, c 94, pt of §1; am L 1991, c
160, §§1, 4; am L 2000, c 277, §3; am L 2001, c 177, §2]