Definitions

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 fishway 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. (Mass. Register #1566, 01/30/2026) 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).