Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 15.00 - Management Of Marine Aquaculture › Section 15.02 - Definitions

Current through Register 1525, July 5, 2024
Aquaculture
means the farming of
				aquatic marine organisms including, but not limited to fish, mollusks,
				crustaceans, echinoderms and plants. Farming implies some sort of intervention
				in the rearing process to enhance production including, but not limited to
				controlled propagation, feeding, protection from predators,
etc
.
Area of Capture
means within the same
				body of water, which is geographically separated from other embayments,
				estuaries,
etc
.
ASMFC
means Atlantic States Marine
				Fisheries Commission.
Coastal Waters
means all waters of
				the Commonwealth within the rise and fall of the tide and the marine limits of
				the jurisdiction of the Commonwealth, but not waters within or above any fish
				way or dam nor waters above any jurisdictional boundary legally established
				pursuant to M.G.L. c.130, § 5 in rivers and streams flowing into the
				sea.
Commercial Aquaculture
means marine
				aquaculture to produce marine organisms intended for sale. Commercial
				aquaculture implies individual or corporate ownership of the stock being
				cultivated.
Cull
means to remove dead or dying or
				unsuitable organisms from the culture system (
also
: the
				organism which is removed).
Director
means the Director of the
				Division of Marine Fisheries or his designee.
Division
means the Division of Marine
				Fisheries.
Flow-through
means a system that
				withdraws water from coastal waters or wells and discharges water to coastal
				waters.
ICES
means International Counsel for
				the Exploration of the Sea.
Invasive Species
means a
				non-indigenous or cryptogenic marine organism that may threaten the diversity
				or abundance of native species or the ecological stability and/or uses of
				infested waters.
Minimal Structures
means structures
				in the marine environment that do not require an Individual Permit, that is,
				which meet the threshold requirements of the Programmatic General Permit (PGP)
				issued by the U.S. Army Corps of Engineers.
Non-indigenous Species
means any
				marine species transported intentionally or accidentally from another region
				(non-native species) as determined by the Division.
NPDES
mean the National Pollution
				Discharge Elimination System, administered by the U.S Environmental Protection
				Agency (EPA) and the MA Department of Environmental Protection (DEP).
Ornamental Species
means organisms,
				including plants, raised for display in aquariums or other non-food
				purposes.
PGP
means the Massachusetts
				Programmatic General Permit issued by the U.S. Army Corps of Engineers.
Recirculating
means a system which
				treats and re-uses the same water, and from which no water is discharged to the
				coastal waters. No more than 10% of system water is changed on a daily basis,
				and discarded per an approved operational plan.
Section 10 means Section 10 of the U.S. Rivers and Harbors Act
				of 1899, administered by the U.S. Army Corps of Engineers (COA).
Section 404 means Section 404 of the U.S. Clean Water Act,
				administered by the U.S. Army Corps of Engineers.
Shellfish
means clams, conchs,
				limpets, mussels, oysters, periwinkles, quahogs, razor clams, scallops, sea
				clams, sea quahogs, sea scallops and winkles (M.G.L. c.130).