§190D-3  Definitions.  As used in thischapter, unless the context clearly requires otherwise:

"Agency" means any federal, state,local, or foreign government or any entity of any such government.

"Application" means a conservationdistrict use application.

"Board" means the board of land andnatural resources.

"Chairperson" means the chairpersonof the board of land and natural resources.

"Commercial lease" means a lease ofstate marine waters or submerged lands for marine activities designed for profit.

"Department" means the department ofland and natural resources.

"Economic unit" means the watercolumn, state submerged lands beneath the water column, and water surface abovethe water column which shall be treated as one economic unit for the calculationof lease rents.

"Lessee" means the holder of a validlease granted pursuant to this chapter.

"Mariculture" means the aquaculture,cultivation, and production for research, development, demonstration, andcommercial purposes of aquatic plants and animals within state marine waters,but excludes floating structures that are not anchored.

"Marine activities" means oceanthermal energy conversion (OTEC); mariculture; and other energy or waterresearch, scientific, and educational activities in, on, or under state marinewaters, which are exclusive, non-transient in nature, and which occupy adiscrete area of state marine waters.

"Noncommercial lease" means a leaseof state marine waters for marine activities not designed for profit.

"OTEC" means ocean thermal energyconversion.

"OTEC facility" means an oceanthermal energy conversion facility which is located onshore, standing onsubmerged lands, or moored in state marine waters, and which is designed to usetemperature differences in ocean water to produce energy or energy productequivalents and includes any surface and subsurface structures, intake anddischarge pipes, and underwater power cables integrated with or appurtenant tosuch a facility.

"State marine waters" means allwaters of the State, including the water column, water surface, and statesubmerged lands, extending from the upper reaches of the wash of the waves onshore seaward to the limit of the State's police power and managementauthority, including the United States territorial sea, notwithstanding any lawto the contrary.

"Water column" means the verticalextent of marine waters, including the surface, above submerged lands. [L 1986,c 91, pt of §1; am L 1990, c 126, §5; am L 1999, c 176, §§3, 11; am L 2002, c203, §1]