Page:United States Statutes at Large Volume 120.djvu/3859

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PROCLAMATION 8031—JUNE 15, 2006

Definitions For purposes of this proclamation:

Attract or Attracting means luring or attempting to lure a living resource by any means, except the mere presence of human beings (e.g., swimmers, divers, boaters).

Bottomfish Species means bottomfish management unit species as defined at 50 CFR 660.12.

Commercial Bottomfishing means commercial fishing for bottomfish species.

Commercial Passenger Vessel means a vessel that carries individuals who have paid for such carriage.

Commercial Pelagic Trolling means commercial fishing for pelagic species.

Deserting a vessel means:

1. Leaving a vessel aground or adrift:

(I) WITHOUT NOTIFYING THE SECRETARIES OF THE VESSEL GOING AGROUND OR ADRIFT WITHIN 12 HOURS OF ITS DISCOVERY AND DEVELOPING AND PRESENTING TO THE SECRETARIES A PRELIMINARY SALVAGE PLAN WITHIN 24 HOURS OF SUCH NOTIFICATION;

(II) AFTER EXPRESSING OR MANIFESTING INTENTION TO NOT UNDERTAKE OR TO CEASE SALVAGE EFFORTS; OR

(III) WHEN THE SECRETARIES ARE UNABLE, AFTER REASONABLE EFFORTS, TO REACH THE OWNER/OPERATOR WITHIN 12 HOURS OF THE VESSELS CONDITION BEING REPORTED TO AUTHORITIES.

2. Leaving a vessel at anchor when its condition creates potential for a grounding, discharge, or deposit and the owner/operator fails to secure the vessel in a timely manner.

Ecological Reserve means an area of the monument consisting of contiguous, diverse habitats that provide natural spawning, nursery, and permanent residence areas for the replenishment and genetic protection of marine life, and also to protect and preserve natural assemblages of habitats and species within areas representing a broad diversity of resources and habitats found within the monument.

Ecological Integrity means a condition determined to be characteristic of an ecosystem that has the ability to maintain the function, structure, and abundance of natural biological communities, including rates of change in response to natural environmental variation.

Fishing Year means the year beginning at 0001 local time on January 1 and ending at 2400 local time on December 31.

Introduced Species means:

1. A species (including, but not limited to, any of its biological matter capable of propagation) that is non-native to the ecosystem(s) protected by the monument; or

2. Any organism into which genetic matter from another species has been transferred in order that the host organism acquires the genetic traits of the transferred genes.

Landing means offloading fish from a fishing vessel or causing fish to be offloaded from a fishing vessel.