Definitions

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  • In this chapter, unless the context indicates otherwise, the following words, terms and phrases shall have the following meanings:
    • (1) “Alien” means a person who is not a United States citizen by birth or naturalization.

    • (2) “Angling” means fishing with hand line or rod with naturally or artificially baited hook.

    • (3) “Closed season” means the period of time prescribed by the Commissioner during which it shall be unlawful to catch those species of fish, mollusks, crustaceans or other marine or aquatic animals that the Department may deem it advisable to protect during the spawning or breeding season or to restore the fauna in those areas where continuous fishing has depleted fish resources.

    • (4) The verb “to catch” means the same as “to fish”.

    • (5) “Citizen” means any natural born or naturalized citizen of the United States of America.

    • (6) “Coastal waters” means all marine or estuarine waters within the jurisdiction of the territory.

    • (7) “Commissioner” means the Commissioner of Conservation and Cultural Affairs or his authorized designee or employee.

    • (8) “Department” means the Department of Conservation and Cultural Affairs.

    • (9) “Fish” includes, when used as a noun, fish, oysters, claims, conchs, crabs, lobsters, shrimps, turtles and other marine or aquatic animals, mammals, mollusks and crustaceans and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof.

    • (10) The verb “to fish” in all its modes and tenses means to take or attempt to take fish by any method or means, whether or not such method or means results in their capture.

    • (11) “Fisherman” means any person engaged in fishing for commercial, sport or other purposes, in marine, estuarine or freshwaters within the territorial jurisdiction of the United States Virgin Islands; provided, that dealers in live fish for aquariums and ornamental purposes shall be excluded from this definition.

    • (12) “Fishing” or “fisheries” shall include all acts involved in the use, setting up or operation of any device employed in killing, catching or capturing fish or in transporting or preparing fish for market.

    • (13) “Import” means to land on, bring into, introduce into, or attempt to land on, bring into, or introduce into the territorial jurisdiction of the United States Virgin Islands, whether or not such landing, bringing or introduction constitutes an importation within the definition of the Customs laws of the United States.

    • (14) “Inland” means any area, including bodies of water, whether marine, estuarine or fresh, either landlocked or partially landlocked.

    • (15) “Lobster” means spiny lobster of the species Panulirus argus.

    • (16) “Person” shall include both natural and artificial persons.

    • (17) “Resident” means any natural person who has had the territory as his legal place of residence for one full year immediately preceding the time of consideration.

    • (18) “Sell” shall include offers for sale, possession for profit, exchange, negotiation or the engagement in any other activity of a commercial nature.

    • (19) The word “shall” is mandatory, not directory.

    • (20) “Short lobster” means any lobster measuring less than prescribed in section 319 of this chapter.

    • (21) “Take” with respect to marine or sea turtles means to harass, harm, pursue, hunt, shoot, kill, trap, capture, intentionally wound, or collect, or attempt to engage in any such conduct.

    • (22) “Territory” means the land and jurisdictional waters of the Virgin Islands of the United States.

    • (23) “Vessel” means any boat or other type of watercraft capable of being used as a means of transportation on water.

    • (24) “Virgin Islands” means the United States Virgin Islands.

  • Whenever the taking of fish is authorized, reference is had to taking by lawful means and in a lawful manner.
  • Any reference to the taking or having in possession of fish shall include the taking or having in possession of any part or portion thereof.


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