§190D-3  Definitions.  As used in this
chapter, 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 conservation
district use application.



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



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



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



"Department" means the department of
land and natural resources.



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



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



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



"Marine activities" means ocean
thermal energy conversion (OTEC); mariculture; and other energy or water
research, scientific, and educational activities in, on, or under state marine
waters, which are exclusive, non-transient in nature, and which occupy a
discrete area of state marine waters.



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



"OTEC" means ocean thermal energy
conversion.



"OTEC facility" means an ocean
thermal energy conversion facility which is located onshore, standing on
submerged lands, or moored in state marine waters, and which is designed to use
temperature differences in ocean water to produce energy or energy product
equivalents and includes any surface and subsurface structures, intake and
discharge pipes, and underwater power cables integrated with or appurtenant to
such a facility.



"State marine waters" means all
waters of the State, including the water column, water surface, and state
submerged lands, extending from the upper reaches of the wash of the waves on
shore seaward to the limit of the State's police power and management
authority, including the United States territorial sea, notwithstanding any law
to the contrary.



"Water column" means the vertical
extent 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, c
203, §1]