Stellwagen Bank FEIS/MP Appendices Page A6 



(9) Injure means to change adversely, either b the long or short term, a chemical, biological, or physical 

 attribute of, or the viability of. To "injure" therefore includes, but is not limited to, to cause the loss of and 

 to destroy. 



(10) Lightering means the at-sea transfer of petroleum-based products or materials from vessel to vessel. 



(11) Person means any private individual, partnership, corporation, or other entity; or any officer, employee, 

 agent, department, agency, or instrumentality of the Federal Government or of any State, regional, or local 

 unit of government, or any foreign government. 



(12) Sanctuary means the Stellwagen Bank National Marine Sanctuary. 



(13) Sanctuary qualitv means a particular and essential characteristic of the Sanctuary, including but not 

 hmited to, water quality, sediment quality and air quality. 



(14) Sanctuary resource means any living or non-living resource of the Sanctuary that contributes to its 

 conservation, recreational, ecological, historical, research, educational or esthetic value, including, but not 

 limited to, the substratum of the Stellwagen Bank and other submerged features, and the surrounding 

 seabed, phytoplankton, zooplankton, invertebrates, fish, marine reptiles, marine mammals, seabirds, and 

 historical and cultural resources. 



(15) Take or taking means the following: 



(i) For any marine reptile, marine mammal or seabird listed as either endangered or 

 threatened pursuant to the Endangered Species Act, the term means to harass, harm, pursue, 

 hunt, shoot, wound, kill, trap, capture, collect or injure, or to attempt to engage in any such 

 conduct; 



(ii) For any other marine reptile, marine mammal or seabird, the term means to harass, harm, 

 pursue, hunt, shoot, wound, kill, trap, capture, collect or injure, or to attempt to engage in any 

 such conduct. 



For the purpose of both subsections (i) and (ii), the term includes, but is not hmited to, any of the 

 following activities: collecting any dead or injured marine reptile, marine mammal or seabird, or any part 

 thereof; restraining or detaining any marine reptile, marine mammal or seabird, or any part thereof, no 

 matter how temporarily; tagging any marine reptile, marine mammal or seabird; operating a vessel or 

 aircraft or doing any other act that results in the disturbing or molesting of any marine reptile, marine 

 mammal or seabird. 



(16) Traditional fishing means those commercial or recreational fishing methods which have been 

 conducted m the past within the Sanctuary. 



(17) Vessel means a watercraft of any description capable of being used as a means of transportation in/on 

 the waters of the Sanctuary. 



(b) Other terms appearing in the regulations in this Part are defined at 15 CFR 922.2, and/or in the 

 Marine Protection, Research and Sanctuaries Act of 1972, as amended, 33 U.S.C. 1401 etieg. and 16 U.S.C. 

 1431 et seq. 



