r/title-16-CONSERVATION wiki — defined terms

“vessel of the United States” applies in that section

the terms “fishery” and “vessel of the United States” has the same meaning it does in section 1802 of this title .

“eligible entity” applies in that section

the term “eligible entity” means— (i) with respect to removal in the mainstem of the Columbia River, from river mile 112 to the McNary Dam and its tributaries in the State of Washington, and its tributaries in the State of Oregon above Bonneville Dam, the State of Washington, the State of Oregon, and the State of Idaho; (ii) with respect to removal in the mainstem Columbia River from river mile 112 to the McNary Dam and its tributaries within the State of Washington and in any of its tributaries above Bonneville Dam within the State of Oregon, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, …

“Indian tribe” applies in that section

the term “Indian tribe” has the meaning given such term in section 5304 of title 25 . (g) Regionwide pinniped-fishery interaction study (1) The Secretary may conduct a study, of not less than three high predation areas in anadromous fish migration corridors within the Northwest Region of the National Marine Fisheries Service, on the interaction between fish and pinnipeds. In conducting the study, the Secretary shall consult with other State and Federal agencies with expertise in pinniped-fishery interaction.

“eligible entity” applies in that section

the term “eligible entity” means— (1) a port authority for a port; (2) a State, regional, local, or Tribal government, or an Alaska Native or Native Hawaiian entity that has jurisdiction over a maritime port authority or a port; (3) an academic institution, research institution, or nonprofit organization working in partnership with a port; or (4) a consortium of entities described in paragraphs (1) through (3). (g) Funding From funds otherwise appropriated to the Under Secretary, $10,000,000 is authorized to carry out this section for each of fiscal years 2023 through 2028.

“emergency assistance” applies in that section

The term “emergency assistance” means— (i) financial assistance provided to respond to, or that results from, a stranding event or entanglement event that— (I) causes an immediate increase in the cost of a response, recovery, or rehabilitation that is greater than the usual cost of a response, recovery, or rehabilitation; (II) is cyclical or endemic; or (III) involves a marine mammal that is out of the normal range for that marine mammal; or (ii) financial assistance provided to respond to, or that results from, a stranding event or an entanglement event that— (I) the applicable Secretary considers to be an emergency; or (II) with the concurrence of the applicable Secretary, a State, …

“Secretary” applies in that section

The term “Secretary” has the meaning given that term in section 1362(12)(A) of this title . (3) Stranding region

“stranding region” applies in that section

The term “stranding region” means a geographic region designated by the applicable Secretary for purposes of administration of this subchapter. (b) John H. Prescott Marine Mammal Rescue and Response Grant Program (1) In general The applicable Secretary shall carry out a grant program, to be known as the “John H. Prescott Marine Mammal Rescue and Response Grant Program” (referred to in this section as the “grant program”), to award grants to eligible stranding network participants or stranding network collaborators, as described in this subsection.

“appropriate committees of Congress” applies in that section

the term “appropriate committees of Congress” means— (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Environment and Public Works of the Senate; (3) the Committee on Natural Resources of the House of Representatives; and (4) the Committee on Science, Space, and Technology of the House of Representatives.

“Arctic” applies in that section

The term “Arctic” has the meaning given the term in section 4111 of title 15 . (3) Requirements The report under paragraph (1) shall include— (A) a description, developed in consultation with the Fish and Wildlife Service of the Department of the Interior, of all marine mammal stranding agreements in place for the Arctic region of the United States, including species covered, response capabilities, facilities and equipment, and data collection and analysis capabilities; (B) a list of State and local government agencies that have personnel trained to respond to marine mammal strandings in the Arctic region of the United States; (C) an assessment of potential response and data collection …

“entangle” applies throughout its subchapter

The term “entangle” or “entanglement” means an event in the wild in which a living or dead marine mammal has gear, rope, line, net, or other material wrapped around or attached to the marine mammal and is— (A) on lands under the jurisdiction of the United States, including beaches and shorelines; or (B) in waters under the jurisdiction of the United States, including any navigable waters. (2) Except as used in section 1421f–1 of this title ,

“entanglement” applies throughout its subchapter

The term “entangle” or “entanglement” means an event in the wild in which a living or dead marine mammal has gear, rope, line, net, or other material wrapped around or attached to the marine mammal and is— (A) on lands under the jurisdiction of the United States, including beaches and shorelines; or (B) in waters under the jurisdiction of the United States, including any navigable waters. (2) Except as used in section 1421f–1 of this title ,

“Fund” applies throughout its subchapter

the term “Fund” means the Marine Mammal Unusual Mortality Event Fund established by section 1421d(a) of this title .;

“Health MAP” applies throughout its subchapter

The term “Health MAP” means the Marine Mammal Health Monitoring and Analysis Platform established under section 1421f–2(a)(1) of this title .;

“Observation System” applies throughout its subchapter

The term “Observation System” means the National Integrated Coastal and Ocean Observation System established under section 3603 of title 33 .;

“Office” applies throughout its subchapter

The term “Office” means the Office of Protected Resources, in the National Marine Fisheries Service.;

“stranding” applies throughout its subchapter

The term “stranding” means an event in the wild in which— (A) a marine mammal is dead and is— (i) on a beach or shore of the United States; or (ii) in waters under the jurisdiction of the United States (including any navigable waters); or (B) a marine mammal is alive and is— (i) on a beach or shore of the United States and unable to return to the water; (ii) on a beach or shore of the United States and, although able to return to the water, is in need of apparent medical attention; or (iii) in the waters under the jurisdiction of the United States (including any navigable waters), but is unable to return to its natural habitat under its own power or without assistance.;

“stranding network participant” applies throughout its subchapter

The term “stranding network participant” means a person who is authorized by an agreement under section 1382(c) of this title to take marine mammals as described in section 1379(h)(1) of this title in response to a stranding.;

“Tissue Bank” applies throughout its subchapter

The term “Tissue Bank” means the National Marine Tissue Bank provided for under section 1421f(a) of this title .;

“unusual mortality event” applies throughout its subchapter

The term “unusual mortality event” means a stranding that— (A) is unexpected; (B) involves a significant die-off of any marine mammal population; and (C) demands immediate response.

“Agreement” applies throughout its subchapter

The term “Agreement” means the Agreement Between the Government of the United States of America and the Government of the Russian Federation on the Conservation and Management of the Alaska-Chukotka Polar Bear Population, signed at Washington, D.C., on October 16, 2000 . (2) Alaska Nanuuq Commission

“Alaska Nanuuq Commission” applies throughout its subchapter

The term “Alaska Nanuuq Commission” means the Alaska Native entity, in existence on January 12, 2007 , that represents all villages in the State of Alaska that engage in the annual subsistence taking of polar bears from the Alaska-Chukotka population and any successor entity. (3) Import

“Commission” applies throughout its subchapter

The term “Commission” means the commission established under article 8 of the Agreement.

“import” applies throughout its subchapter

The term “import” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, without regard to whether the landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. (4) Polar bear part or product

“part or product of a polar bear” applies throughout its subchapter

The term “part or product of a polar bear” means any polar bear part or product, including the gall bile and gall bladder. (5) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of the Interior. (6) Taking

“taking” applies throughout its subchapter

The term “taking” has the meaning given the term in the Agreement. (7) Commission

“partner organization” applies in that section

the term “partner organization” means an organization that— (A) draws its membership from individuals, private organizations, corporations, academic institutions, or State and local governments; and (B) is established to promote the understanding of, education relating to, and the conservation of the resources of a particular sanctuary or 2 or more related sanctuaries.

“maritime archeology” applies in that section

the term “maritime archeology” includes the curation, preservation, and display of maritime artifacts.

“coastal energy activity” applies throughout its chapter

The term “coastal energy activity” means any of the following activities if, and to the extent that (A) the conduct, support, or facilitation of such activity requires and involves the siting, construction, expansion, or operation of any equipment or facility; and (B) any technical requirement exists which, in the determination of the Secretary, necessitates that the siting, construction, expansion, or operation of such equipment or facility be carried out in, or in close proximity to, the coastal zone of any coastal state; 1 (i) Any outer Continental Shelf energy activity. (ii) Any transportation, conversion, treatment, transfer, or storage of liquefied natural gas.

“coastal resource of national significance” applies throughout its chapter

The term “coastal resource of national significance” means any coastal wetland, beach, dune, barrier island, reef, estuary, or fish and wildlife habitat, if any such area is determined by a coastal state to be of substantial biological or natural storm protective value.;

“coastal state” applies throughout its chapter

The term “coastal state” means a state of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes. For the purposes of this chapter, the term also includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands, and American Samoa.;

“coastal waters” applies throughout its chapter

The term “coastal waters” means (A) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting waters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes and (B) in other areas, those waters, adjacent to the shorelines, which contain a measurable quantity or percentage of sea water, including, but not limited to, sounds, bays, lagoons, bayous, ponds, and estuaries.;

“coastal zone” applies throughout its chapter

The term “coastal zone” means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international boundary between the United States and Canada and, in other areas, seaward to the outer limit of State title and ownership under the Submerged Lands Act ( 43 U.S.C. 1301 et seq.), the Act of March 2, 1917 ( 48 U.S.C. 749 ) [ 48 U.S.C.

“energy facilities” applies in that section

The term “energy facilities” means any equipment or facility which is or will be used primarily— (A) in the exploration for, or the development, production, conversion, storage, transfer, processing, or transportation of, any energy resource; or (B) for the manufacture, production, or assembly of equipment, machinery, products, or devices which are involved in any activity described in subparagraph (A).

“enforceable policy” applies in that section

The term “enforceable policy” means State policies which are legally binding through constitutional provisions, laws, regulations, land use plans, ordinances, or judicial or administrative decisions, by which a State exerts control over private and public land and water uses and natural resources in the coastal zone.;

“estuarine sanctuary” applies in that section

The term “estuarine sanctuary” means a research area which may include any part or all of an estuary and any island, transitional area, and upland in, adjoining, or adjacent to such estuary, and which constitutes to the extent feasible a natural unit, set aside to provide scientists and students the opportunity to examine over a period of time the ecological relationships within the area.;

“estuary” applies in that section

The term “estuary” means that part of a river or stream or other body of water having unimpaired connection with the open sea, where the sea water is measurably diluted with fresh water derived from land drainage. The term includes estuary-type areas of the Great Lakes.;

“Fund” applies in that section

The term “Fund” means the Coastal Zone Management Fund established under section 1456a(b) of this title .;

“land use” applies in that section

The term “land use” means activities which are conducted in, or on the shorelands within, the coastal zone, subject to the requirements outlined in section 1456(g) of this title .;

“local government” applies in that section

The term “local government” means any political subdivision of, or any special entity created by, any coastal state which (in whole or part) is located in, or has authority over, such state’s coastal zone and which (A) has authority to levy taxes, or to establish and collect user fees, or (B) provides any public facility or public service which is financed in whole or part by taxes or user fees. The term includes, but is not limited to, any school district, fire district, transportation authority, and any other special purpose district or authority.;

“management program” applies in that section

The term “management program” includes, but is not limited to, a comprehensive statement in words, maps, illustrations, or other media of communication, prepared and adopted by the state in accordance with the provisions of this chapter, setting forth objectives, policies, and standards to guide public and private uses of lands and waters in the coastal zone.;

“outer Continental Shelf energy activity” applies in that section

The term “outer Continental Shelf energy activity” means any exploration for, or any development or production of, oil or natural gas from the outer Continental Shelf (as defined in section 1331(a) of title 43 ) or the siting, construction, expansion, or operation of any new or expanded energy facilities directly required by such exploration, development, or production.;

“person” applies in that section

The term “person” means any individual; any corporation, partnership, association, or other entity organized or existing under the laws of any state; the Federal Government; any state, regional, or local government; or any entity of any such Federal, state, regional, or local government.;

“public facilities and public services” applies in that section

The term “public facilities and public services” means facilities or services which are financed, in whole or in part, by any state or political subdivision thereof, including, but not limited to, highways and secondary roads, parking, mass transit, docks, navigation aids, fire and police protection, water supply, waste collection and treatment (including drainage), schools and education, and hospitals and health care. Such term may also include any other facility or service so financed which the Secretary finds will support increased population.;

“Secretary” applies in that section

The term “Secretary” means the Secretary of Commerce.;

“special area management plan” applies in that section

The term “special area management plan” means a comprehensive plan providing for natural resource protection and reasonable coastal-dependent economic growth containing a detailed and comprehensive statement of policies; standards and criteria to guide public and private uses of lands and waters; and mechanisms for timely implementation in specific geographic areas within the coastal zone.;

“water use” applies in that section

The term “water use” means a use, activity, or project conducted in or on waters within the coastal zone.

“eligible coastal state” applies in that section

The term “eligible coastal state” means a coastal state that for any fiscal year for which a grant is applied for under this section— (A) has a management program approved under section 1455 of this title ; and (B) in the judgment of the Secretary, is making satisfactory progress in activities designed to result in significant improvement in achieving the coastal management objectives specified in section 1452(2)(A) through (K) of this title.;

“urban waterfront and port” applies in that section

The term “urban waterfront and port” means any developed area that is densely populated and is being used for, or has been used for, urban residential recreational, commercial, shipping or industrial purposes.

“Administrator” applies in that section

the term “Administrator” means the Administrator of the Environmental Protection Agency;

“coastal management agency” applies in that section

the term “coastal management agency” means a State agency designated pursuant to section 306(d)(6) of the Coastal Zone Management Act of 1972 [ 16 U.S.C. 1455(d)(6) ];

“coastal State” applies in that section

the term “coastal State” has the meaning given the term “coastal state” under section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 ); (3) each of

“coastal waters” applies in that section

the terms “coastal waters” and “coastal zone” has the meaning that term has in the Coastal Zone Management Act of 1972 [ 16 U.S.C. 1451 et seq.];

“coastal zone” applies in that section

the terms “coastal waters” and “coastal zone” has the meaning that term has in the Coastal Zone Management Act of 1972 [ 16 U.S.C. 1451 et seq.];

“land use” applies in that section

the term “land use” includes a use of waters adjacent to coastal waters; and;

“management measures” applies in that section

the term “management measures” means economically achievable measures for the control of the addition of pollutants from existing and new categories and classes of nonpoint sources of pollution, which reflect the greatest degree of pollutant reduction achievable through the application of the best available nonpoint pollution control practices, technologies, processes, siting criteria, operating methods, or other alternatives. (h) Authorization of appropriations (1) Administrator There is authorized to be appropriated to the Administrator for use for carrying out this section not more than $1,000,000 for each of fiscal years 1992, 1993, and 1994.

“Secretary” applies in that section

the term “Secretary” means the Secretary of Commerce.

“coastal zone enhancement objective” applies in that section

the term “coastal zone enhancement objective” means any of the following objectives: (1) Protection, restoration, or enhancement of the existing coastal wetlands base, or creation of new coastal wetlands. (2) Preventing or significantly reducing threats to life and destruction of property by eliminating development and redevelopment in high-hazard areas, managing development in other hazard areas, and anticipating and managing the effects of potential sea level rise and Great Lakes level rise.

“conservation easement” applies in that section

The term “conservation easement” includes an easement or restriction, recorded deed, or a reserve interest deed where the grantee acquires all rights, title, and interest in a property, that do not conflict with the goals of this section except those rights, title, and interests that may run with the land that are expressly reserved by a grantor and are agreed to at the time of purchase. (2) Interest in property

“interest in property” applies in that section

The term “interest in property” includes a conservation easement. (l) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section $60,000,000 for each of fiscal years 2009 through 2013.

“Administrator” applies in that section

The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration. (2) Coastal State

“coastal State” applies in that section

The term “coastal State” has the meaning given the term “Coastal state” 1 in section 1453 of this title . (3) Indian Tribe

“Indian Tribe” applies in that section

The term “Indian Tribe” has the meaning given that term in section 5304 of title 25 . (4) Regional Ocean Partnership

“Regional Ocean Partnership” applies in that section

The term “Regional Ocean Partnership” means a Regional Ocean Partnership designated under subsection (b). (b) Regional Ocean Partnerships (1) In general A coastal State or Indian Tribe may form a partnership with— (A) a coastal State that shares a common ocean or coastal area with the coastal State, without regard to whether the coastal States are contiguous; and (B) States— (i) that share a common ocean, coastal area, or watershed with the coastal State, without regard to whether the coastal States are contiguous; or (ii) that would contribute to the priorities of the partnership; and (C) Indian Tribes.

“alternative courses of action” applies throughout its chapter

The term “alternative courses of action” means all alternatives and thus is not limited to original project objectives and agency jurisdiction.;

“commercial activity” applies throughout its chapter

The term “commercial activity” means all activities of industry and trade, including, but not limited to, the buying or selling of commodities and activities conducted for the purpose of facilitating such buying and selling: Provided, however , That it does not include exhibition of commodities by museums or similar cultural or historical organizations.;

“conservation” applies throughout its chapter

The terms “conserve”, “conserving”, and “conservation” mean to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking.;

“conserve” applies throughout its chapter

The terms “conserve”, “conserving”, and “conservation” mean to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking.;

“conserving” applies throughout its chapter

The terms “conserve”, “conserving”, and “conservation” mean to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking.;

“Convention” applies throughout its chapter

The term “Convention” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973 , and the appendices thereto. (5) (A) The term “critical habitat” for a threatened or endangered species means— (i) the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of section 1533 of this title , on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species at the time it is …

“endangered species” applies throughout its chapter

The term “endangered species” means any species which is in danger of extinction throughout all or a significant portion of its range other than a species of the Class Insecta determined by the Secretary to constitute a pest whose protection under the provisions of this chapter would present an overwhelming and overriding risk to man.;

“Federal agency” applies throughout its chapter

The term “Federal agency” means any department, agency, or instrumentality of the United States.;

“fish or wildlife” applies throughout its chapter

The term “fish or wildlife” means any member of the animal kingdom, including without limitation any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof.;

“foreign commerce” applies throughout its chapter

The term “foreign commerce” includes, among other things, any transaction— (A) between persons within one foreign country; (B) between persons in two or more foreign countries; (C) between a person within the United States and a person in a foreign country; or (D) between persons within the United States, where the fish and wildlife in question are moving in any country or countries outside the United States.;

“import” applies throughout its chapter

The term “import” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. (11) Repealed. Pub. L. 97–304, § 4(b) , Oct. 13, 1982 , 96 Stat. 1420 .;

“permit or license applicant” applies throughout its chapter

The term “permit or license applicant” means, when used with respect to an action of a Federal agency for which exemption is sought under section 1536 of this title , any person whose application to such agency for a permit or license has been denied primarily because of the application of section 1536(a) of this title to such agency action.;

“person” applies throughout its chapter

The term “person” means an individual, corporation, partnership, trust, association, or any other private entity; or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State, or of any foreign government; any State, municipality, or political subdivision of a State; or any other entity subject to the jurisdiction of the United States.;

“plant” applies throughout its chapter

The term “plant” means any member of the plant kingdom, including seeds, roots and other parts thereof.;

“Secretary” applies throughout its chapter

The term “Secretary” means, except as otherwise herein provided, the Secretary of the Interior or the Secretary of Commerce as program responsibilities are vested pursuant to the provisions of Reorganization Plan Numbered 4 of 1970; except that with respect to the enforcement of the provisions of this chapter and the Convention which pertain to the importation or exportation of terrestrial plants, the term also means the Secretary of Agriculture.;

“species” applies throughout its chapter

The term “species” includes any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature.;

“State” applies throughout its chapter

The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territory of the Pacific Islands.;

“State agency” applies throughout its chapter

The term “State agency” means any State agency, department, board, commission, or other governmental entity which is responsible for the management and conservation of fish, plant, or wildlife resources within a State.;

“take” applies throughout its chapter

The term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.;

“threatened species” applies throughout its chapter

The term “threatened species” means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. (21) The term “United States”, when used in a geographical context, includes all States.

“establishment period” applies in that section

the term “establishment period” means, with respect to any State, the period beginning on December 28, 1973 , and ending on whichever of the following dates first occurs: (A) the date of the close of the 120-day period following the adjournment of the first regular session of the legislature of such State which commences after December 28, 1973 , or (B) the date of the close of the 15-month period following December 28, 1973 .

“final agency action” applies in that section

the term “final agency action” means (i) a disposition by an agency with respect to the issuance of a permit or license that is subject to administrative review, whether or not such disposition is subject to judicial review; or (ii) if administrative review is sought with respect to such disposition, the decision resulting after such review. Such application shall set forth the reasons why the exemption applicant considers that the agency action meets the requirements for an exemption under this subsection.

“authentic native articles of handicrafts and clothing” applies in that section

The term “authentic native articles of handicrafts and clothing” means items composed wholly or in some significant respect of natural materials, and which are produced, decorated, or fashioned in the exercise of traditional native handicrafts without the use of pantographs, multiple carvers, or other mass copying devices. Traditional native handicrafts include, but are not limited to, weaving, carving, stitching, sewing, lacing, beading, drawing, and painting.

“experimental population” applies in that section

the term “experimental population” means any population (including any offspring arising solely therefrom) authorized by the Secretary for release under paragraph (2), but only when, and at such times as, the population is wholly separate geographically from nonexperimental populations of the same species. (2) (A) The Secretary may authorize the release (and the related transportation) of any population (including eggs, propagules, or individuals) of an endangered species or a threatened species outside the current range of such species if the Secretary determines that such release will further the conservation of such species.

“pre-Act endangered species part” applies in that section

The term “pre-Act endangered species part” means— (i) any sperm whale oil, including derivatives thereof, which was lawfully held within the United States on December 28, 1973 , in the course of a commercial activity; or (ii) any finished scrimshaw product, if such product or the raw material for such product was lawfully held within the United States on December 28, 1973 , in the course of a commercial activity.;

“scrimshaw product” applies in that section

The term “scrimshaw product” means any art form which involves the substantial etching or engraving of designs upon, or the substantial carving of figures, patterns, or designs from, any bone or tooth of any marine mammal of the order Cetacea. For purposes of this subsection, polishing or the adding of minor superficial markings does not constitute substantial etching, engraving, or carving.

“subsistence” applies in that section

The term “subsistence” includes selling any edible portion of fish or wildlife in native villages and towns in Alaska for native consumption within native villages or towns; and;

“undue economic hardship” applies in that section

the term “undue economic hardship” shall include, but not be limited to: (A) substantial economic loss resulting from inability caused by this chapter to perform contracts with respect to species of fish and wildlife entered into prior to the date of publication in the Federal Register of a notice of consideration of such species as an endangered species; (B) substantial economic loss to persons who, for the year prior to the notice of consideration of such species as an endangered species, derived a substantial portion of their income from the lawful taking of any listed species, which taking would be made unlawful under this chapter; or (C) curtailment of subsistence taking made unlawful …

“natural regeneration” applies in that section

The term “natural regeneration” means the establishment of a tree or tree age class from natural seeding, sprouting, or suckering in accordance with the management objectives of an applicable land management plan. (II) Inclusion .— The term “natural regeneration” may include any site preparation activity to enhance the success of regeneration to the desired species composition and structure. (ii) Priority land .—

“priority land” applies in that section

The term “priority land” means National Forest System land that, due to an unplanned event— (I) does not meet the conditions for appropriate forest cover described in paragraph (1); (II) requires reforestation to meet the objectives of an applicable land management plan; and (III) is unlikely to experience natural regeneration without assistance. (iii) Reforestation .—

“reforestation” applies in that section

The term “reforestation” means the act of renewing tree cover, taking into consideration species composition and resilience, by establishing young trees through— (I) natural regeneration; (II) natural regeneration with site preparation; or (III) planting or direct seeding. (iv) Secretary .—

“Secretary” applies in that section

The term “Secretary” means the Secretary, acting through the Chief of the Forest Service. (v) Unplanned event.— (I) In general .—

“unplanned event” applies in that section

The term “unplanned event” means any unplanned disturbance that— (aa) disrupts ecosystem or forest structure or composition; or (bb) changes resources, substrate availability, or the physical environment. (II) Inclusions .— The term “unplanned event” may include— (aa) a wildfire; (bb) an infestation of insects or disease; (cc) a weather event; and (dd) animal damage. (B) Requirement .— Each reforestation activity under this section shall be carried out in accordance with applicable Forest Service management practices and definitions, including definitions relating to silvicultural practices and forest management.

“eligible colleges and universities” applies throughout its subchapter

the term “eligible colleges and universities” means colleges and universities eligible to be supported and maintained, in whole or in part, with funds made available under the provisions of the Act of July 2, 1862 ( 12 Stat. 503–505 , as amended; 7 U.S.C. 301–305 , 307, 308), and the Act of August 30, 1890 ( 26 Stat. 417–419 , as amended; 7 U.S.C. 321–326 , 328), including Tuskegee Institute, and colleges and universities eligible for assistance under the Act of October 10, 1962 ( 76 Stat. 806–807 , as amended; 16 U.S.C. 582a , 582a–1—582a–7).

“State” applies throughout its subchapter

the term “State” means any one of the fifty States, the Commonwealth of Puerto Rico, Guam, the District of Columbia, and the Virgin Islands of the United States.

“States” applies in that section

the term “States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust Territory of the Pacific Islands, and American Samoa. (b) Application requirements for grants; approval by Secretaries (1) No grant may be made under this section unless an application therefor has been submitted to, and approved by, the Secretary of the Interior and the Secretary of Agriculture.

“appropriate conservation project” applies throughout its subchapter

The term “appropriate conservation project” means any project for the conservation, restoration, construction or rehabilitation of natural, cultural, historic, archaeological, recreational, or scenic resources. (2) Corps and Public Lands Corps

“Corps” applies throughout its subchapter

The terms “Corps” and “Public Lands Corps” mean the Public Lands Corps established by section 1723(a)(1) of this title . (3) Eligible service lands

“eligible service lands” applies throughout its subchapter

The term “eligible service lands” means public lands, Indian lands, and Hawaiian home lands. (4) Hawaiian home lands

“Hawaiian home lands” applies throughout its subchapter

The term “Hawaiian home lands” means all lands given the status of Hawaiian home lands under section 204 of the Hawaiian Homes Commission Act, 1920 ( 42 Stat. 110 ), or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled “An Act to provide for the admission of the State of Hawaii into the Union”, approved March 18, 1959 ( Public Law 86–3 ; 73 Stat. 5 ). (5) Indian

“Indian” applies throughout its subchapter

The term “Indian” means a person who— (A) is a member of an Indian tribe; or (B) is a “Native”, as defined in section 3(b) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602(b) ). (6) Indian lands

“Indian lands” applies throughout its subchapter

The term “Indian lands” means— (A) any Indian reservation; (B) any public domain Indian allotments; (C) any former Indian reservation in the State of Oklahoma; (D) any land held by incorporated Native groups, regional corporations, and village corporations under the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 et seq.]; and (E) any land held by dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State. (7) Indian tribe

“Indian tribe” applies throughout its subchapter

The term “Indian tribe” means an Indian tribe, band, nation, or other organized group or community, including any Native village, Regional Corporation, or Village Corporation, as defined in subsection (c), (g), or (j), respectively, of section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602(c) , (g), or (j)), that is recognized as eligible for the special programs and services provided by the United States under Federal law to Indians because of their status as Indians. (8) Institution of higher education (A) In general

“institution of higher education” applies throughout its subchapter

The term “institution of higher education” has the meaning given the term in section 1002 of title 20 . (B) Exclusion The term “institution of higher education” does not include— (i) an institution described in section 1001(b) of title 20 ; or (ii) an institution outside the United States, as described in section 1002(a)(1)(C) of title 20 . (9) Priority project

“priority project” applies throughout its subchapter

The term “priority project” means an appropriate conservation project conducted on eligible service lands to further 1 or more of the purposes of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6501 et seq.) and other conservation and restoration initiatives, as follows: (A) To reduce wildfire risk to a community, municipal water supply, or other at-risk Federal land. (B) To protect a watershed or address a threat to forest and rangeland health, including catastrophic wildfire. (C) To address the impact of insect or disease infestations or other damaging agents on forest and rangeland health.

“public lands” applies throughout its subchapter

The term “public lands” means any lands or waters (or interest therein) owned or administered by the United States, except that such term does not include any Indian lands. (11) Qualified youth or conservation corps

“Public Lands Corps” applies throughout its subchapter

The terms “Corps” and “Public Lands Corps” mean the Public Lands Corps established by section 1723(a)(1) of this title . (3) Eligible service lands

“qualified youth or conservation corps” applies throughout its subchapter

The term “qualified youth or conservation corps” means any program established by a State or local government, by the governing body of any Indian tribe, or by a nonprofit organization that— (A) is capable of offering meaningful, full-time, productive work for individuals between the ages of 16 and 30, inclusive, or veterans age 35 or younger in a natural or cultural resource setting; (B) gives participants a mix of work experience, basic and life skills, education, training, and support services; and (C) provides participants with the opportunity to develop citizenship values and skills through service to their community and the United States. (12) Resource assistant

“resource assistant” applies throughout its subchapter

The term “resource assistant” means a resource assistant selected under section 1725 of this title . (13) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means— (A) with respect to National Forest System land, the Secretary of Agriculture; (B) with respect to Indian lands, Hawaiian home lands, or land administered by the Department of the Interior, the Secretary of the Interior; and (C) with respect to the National Marine Sanctuary System, coral reefs, and other coastal, estuarine, and marine habitats, and other land and facilities administered by the National Oceanic and Atmospheric Administration, the Secretary of Commerce. (14) State

“State” applies throughout its subchapter

The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) Veteran

“veteran” applies throughout its subchapter

The term “veteran” has the meaning given the term in section 101 of title 38 .

“anadromous species” applies throughout its chapter

The term “anadromous species” means species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters.;

“bycatch” applies throughout its chapter

The term “bycatch” means fish which are harvested in a fishery, but which are not sold or kept for personal use, and includes economic discards and regulatory discards. Such term does not include fish released alive under a recreational catch and release fishery management program.;

“charter fishing” applies throughout its chapter

The term “charter fishing” means fishing from a vessel carrying a passenger for hire (as defined in section 2101 of title 46 ) who is engaged in recreational fishing.;

“commercial fishing” applies throughout its chapter

The term “commercial fishing” means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter or trade. (5) The term “conservation and management” refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to assure that— (i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis; (ii) irreversible or long-term adverse effects on fishery …

“Continental Shelf” applies throughout its chapter

The term “Continental Shelf” means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territorial sea, of the United States, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of such areas.;

“Continental Shelf fishery resources” applies throughout its chapter

The term “Continental Shelf fishery resources” means the following: Cnidaria Bamboo Coral—Acanella spp.; Black Coral—Antipathes spp.; Gold Coral—Callogorgia spp.; Precious Red Coral—Corallium spp.; Bamboo Coral—Keratoisis spp.; and Gold Coral—Parazoanthus spp.

“Council” applies throughout its chapter

The term “Council” means any Regional Fishery Management Council established under section 1852 of this title .;

“economic discards” applies throughout its chapter

The term “economic discards” means fish which are the target of a fishery, but which are not retained because they are of an undesirable size, sex, or quality, or for other economic reasons.;

“essential fish habitat” applies throughout its chapter

The term “essential fish habitat” means those waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity.;

“exclusive economic zone” applies throughout its chapter

The term “exclusive economic zone” means the zone established by Proclamation Numbered 5030, dated March 10, 1983 . For purposes of applying this chapter, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States.;

“fish” applies throughout its chapter

The term “fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds.;

“fishery” applies throughout its chapter

The term “fishery” means— (A) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and (B) any fishing for such stocks.;

“fishery resource” applies throughout its chapter

The term “fishery resource” means any fishery, any stock of fish, any species of fish, and any habitat of fish.;

“fishing” applies throughout its chapter

The term “fishing” means— (A) the catching, taking, or harvesting of fish; (B) the attempted catching, taking, or harvesting of fish; (C) any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or (D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C). Such term does not include any scientific research activity which is conducted by a scientific research vessel.;

“fishing community” applies throughout its chapter

The term “fishing community” means a community which is substantially dependent on or substantially engaged in the harvest or processing of fishery resources to meet social and economic needs, and includes fishing vessel owners, operators, and crew and United States fish processors that are based in such community.;

“fishing vessel” applies throughout its chapter

The term “fishing vessel” means any vessel, boat, ship, or other craft which is used for, equipped to be used for, or of a type which is normally used for— (A) fishing; or (B) aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing.;

“foreign fishing” applies throughout its chapter

The term “foreign fishing” means fishing by a vessel other than a vessel of the United States.;

“high seas” applies throughout its chapter

The term “high seas” means all waters beyond the territorial sea of the United States and beyond any foreign nation’s territorial sea, to the extent that such sea is recognized by the United States.;

“highly migratory species” applies throughout its chapter

The term “highly migratory species” means tuna species, marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks, sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius).;

“import” applies throughout its chapter

The term “import”— (A) means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States; but (B) does not include any activity described in subparagraph (A) with respect to fish caught in the exclusive economic zone or by a vessel of the United States.;

“individual fishing quota” applies throughout its chapter

The term “individual fishing quota” means a Federal permit under a limited access system to harvest a quantity of fish, expressed by a unit or units representing a percentage of the total allowable catch of a fishery that may be received or held for exclusive use by a person. Such term does not include community development quotas as described in section 1855(i) of this title .;

“international fishery agreement” applies throughout its chapter

The term “international fishery agreement” means any bilateral or multilateral treaty, convention, or agreement which relates to fishing and to which the United States is a party.;

“large-scale driftnet fishing” applies throughout its chapter

The term “large-scale driftnet fishing” means a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two and one-half kilometers or more, or with a mesh size of 14 inches or greater, is placed in the water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing.;

“limited access privilege” applies throughout its chapter

The term “limited access privilege”— (A) means a Federal permit, issued as part of a limited access system under section 1853a of this title to harvest a quantity of fish expressed by a unit or units representing a portion of the total allowable catch of the fishery that may be received or held for exclusive use by a person; and (B) includes an individual fishing quota; but (C) does not include community development quotas as described in section 1855(i) of this title .;

“limited access system” applies throughout its chapter

The term “limited access system” means a system that limits participation in a fishery to those satisfying certain eligibility criteria or requirements contained in a fishery management plan or associated regulation.;

“Marine Fisheries Commission” applies throughout its chapter

The term “Marine Fisheries Commission” means the Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, or the Pacific States Marine Fisheries Commission.;

“migratory range” applies throughout its chapter

The term “migratory range” means the maximum area at a given time of the year within which fish of an anadromous species or stock thereof can be expected to be found, as determined on the basis of scale pattern analysis, tagging studies, or other reliable scientific information, except that the term does not include any part of such area which is in the waters of a foreign nation.;

“national standards” applies throughout its chapter

The term “national standards” means the national standards for fishery conservation and management set forth in section 1851 of this title .;

“observer” applies throughout its chapter

The term “observer” means any person required or authorized to be carried on a vessel for conservation and management purposes by regulations or permits under this chapter.;

“observer information” applies throughout its chapter

The term “observer information” means any information collected, observed, retrieved, or created by an observer or electronic monitoring system pursuant to authorization by the Secretary, or collected as part of a cooperative research initiative, including fish harvest or processing observations, fish sampling or weighing data, vessel logbook data, vessel or processor-specific information (including any safety, location, or operating condition observations), and video, audio, photographic, or written documents.

“overfished” applies throughout its chapter

The terms “overfishing” and “overfished” mean a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis.;

“overfishing” applies throughout its chapter

The terms “overfishing” and “overfished” mean a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis.;

“Pacific Insular Area” applies throughout its chapter

The term “Pacific Insular Area” means American Samoa, Guam, the Northern Mariana Islands, Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Wake Island, or Palmyra Atoll, as applicable, and includes all islands and reefs appurtenant to such island, reef, or atoll.;

“person” applies throughout its chapter

The term “person” means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government.;