16 U.S.C. § 6415

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 6415 - Definitions

In this chapter:

(1) Administrator

The term "Administrator" means the Administrator of the National Oceanic and Atmospheric Administration.

(2) Alaska Native Corporation

The term "Alaska Native Corporation" has the meaning given the term "Native Corporation" in section 1602 of title 43.

(3) Appropriate congressional committees

The term "appropriate congressional committees" means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives.

(4) Conservation

The term "conservation" means the use of methods and procedures necessary to preserve or sustain native corals and associated species as diverse, viable, and self-perpetuating coral reef ecosystems with minimal impacts from invasive species, including-

(A) all activities associated with resource management, such as monitoring, assessment, protection, restoration, sustainable use, management of habitat, and maintenance or augmentation of genetic diversity;

(B) mapping;

(C) scientific expertise and technical assistance in the development and implementation of management strategies for marine protected areas and marine resources required by Federal law;

(D) law enforcement;

(E) conflict resolution initiatives;

(F) community outreach and education; and

(G) promotion of safe and ecologically sound navigation and anchoring.

(5) Coral

The term "coral" means species of the phylum Cnidaria, including-

(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals, organ pipe corals, gorgonians), and Helioporacea (blue coral), of the class Anthozoa; and

(B) all species of the order Anthoathecata (fire corals and other hydrocorals) of the class Hydrozoa.

(6) Coral products

The term "coral products" means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any species of coral.

(7) Coral reef

The term "coral reef" means calcium carbonate structures in the form of a reef or shoal, composed in whole or in part by living coral, skeletal remains of coral, crustose coralline algae, and other associated sessile marine plants and animals.

(8) Coral reef ecosystem

The term "coral reef ecosystem" means-

(A) corals and other geographically and ecologically associated marine communities of other reef organisms (including reef plants and animals) associated with coral reef habitat; and

(B) the biotic and abiotic factors and processes that control or significantly affect coral calcification rates, tissue growth, reproduction, recruitment, abundance, coral-algal symbiosis, and biodiversity in such habitat.

(9) Coral reef ecosystem services

The term "coral reef ecosystem services" means the attributes and benefits provided by coral reef ecosystems including-

(A) protection of coastal beaches, structures, and infrastructure;

(B) habitat for organisms of economic, ecological, biomedical, medicinal, and cultural value;

(C) serving as centers for the promulgation, performance, and training of cultural practices representative of traditional ecological knowledge; and

(D) aesthetic value.

(10) Covered Native entity

The term "covered Native entity" means a Native entity with interests in a coral reef ecosystem.

(11) Covered reef manager

The term "covered reef manager" means-

(A) a management unit of a covered State with jurisdiction over a coral reef ecosystem;

(B) a covered State; or

(C) a coral reef stewardship partnership under section 6405 of this title.

(12) Covered State

The term "covered State" means Florida, Hawaii, and the territories of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands.

(13) Federal reef manager

(A) In general

The term "Federal reef manager" means-

(i) a management unit of a Federal agency specified in subparagraph (B) with lead management jurisdiction over a coral reef ecosystem; or

(ii) a coral reef stewardship partnership under section 6405(c) of this title.

(B) Federal agencies specified

A Federal agency specified in this subparagraph is one of the following:

(i) The National Oceanic and Atmospheric Administration.

(ii) The National Park Service.

(iii) The United States Fish and Wildlife Service.

(iv) The Office of Insular Affairs.

(14) Institution of higher education

The term "institution of higher education" has the meaning given that term in section 1001 of title 20.

(15) Interested stakeholder groups

The term "interested stakeholder groups" means any of the following with interest in an applicable coral reef or ecologically significant unit of a coral reef:

(A) A business.

(B) A commercial or recreational fisherman.

(C) A recreationalist.

(D) A Federal, State, Tribal, or local government unit with related jurisdiction.

(E) An institution of higher education (as such term is defined in section 1001(a) of title 20.¹

(F) A nongovernmental organization.

(16) National Coral Reef Resilience Strategy

The term "National Coral Reef Resilience Strategy" means the National Coral Reef Resilience Strategy in effect under section 6403 of this title.

(17) Native entity

The term "Native entity" means any of the following:

(A) An Indian Tribe (as defined in section 5304 of title 25).

(B) An Alaska Native Corporation.

(C) The Department of Hawaiian Home Lands.

(D) The Office of Hawaiian Affairs.

(E) A Native Hawaiian organization (as defined in section 7517 of title 20).

(18) Nonprofit organization

The term "nonprofit organization" means any corporation, trust, association, cooperative, or other organization, not including an institution of higher education, that-

(A) is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;

(B) is not organized primarily for profit; and

(C) uses net proceeds to maintain, improve, or expand the operations of the organization.

(19) Restoration

The term "restoration" means the use of methods and procedures necessary to enhance, rehabilitate, recreate, or create a functioning coral reef or coral reef ecosystem, in whole or in part, within suitable waters of the historical geographic range of such ecosystems, to provide ecological, economic, cultural, or coastal resiliency services associated with healthy coral reefs and benefit native populations of coral reef organisms.

(20) Resilience

The term "resilience" means the capacity for corals within their native range, coral reefs, or coral reef ecosystems to resist and recover from natural and human disturbances, and maintain structure and function to provide coral reef ecosystem services, as determined by clearly identifiable, measurable, and science-based standards.

(21) Secretary

The term "Secretary" means the Secretary of Commerce.

(22) State

The term "State" means-

(A) any State of the United States that contains a coral reef ecosystem within its seaward boundaries;

(B) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the United States Virgin Islands; or

(C) any other territory or possession of the United States or separate sovereign in free association with the United States that contains a coral reef ecosystem within its seaward boundaries.

(23) Stewardship

The term "stewardship", with respect to a coral reef, includes conservation, restoration, and public outreach and education.

(24) Task Force

The term "Task Force" means the United States Coral Reef Task Force established under section 6451 of this title.

¹So in original. A closing parenthesis probably should precede the period.

16 U.S.C. § 6415

Pub. L. 106-562, title II, §216, as added Pub. L. 117-263 title C, §10001(a), Dec. 23, 2022, 136 Stat. 3948.