§ 20-8.1-1 - Definitions.
SECTION 20-8.1-1
§ 20-8.1-1 Definitions. – Unless otherwise specifically provided in this chapter, the followingdefinitions shall apply to this chapter:
(1) "Approved" means approved by the director;
(2) "Conditionally approved water" means and includes anyshellfish grounds underlying waters examined and found fit for the taking ofshellfish for human consumption on an intermittent basis, declared by thedirector as conditionally approved waters pursuant to §§ 20-8.1-3 and20-8.1-4;
(3) "Department" means the state department of environmentalmanagement;
(4) "Director" means the director of the state department ofenvironmental management or his or her duly appointed agents;
(5) "Person" means any individual, firm, copartnership,association, or private or municipal corporation;
(6) "Polluted area" means and includes any shellfish groundsunderlying waters examined and found to be unfit for the taking of shellfishfor human consumption declared by the director as polluted areas pursuant to§§ 20-8.1-3 and 20-8.1-4;
(ii) For the purposes of any criminal or civil proceedinginstituted under this chapter, a declaration by the director shall be primafacie evidence of a polluted area;
(7) "Shellfish" means and includes oysters, mussels, and allvarieties of clams;
(8) "Shellfish grounds" means and includes all landunderlying waters within the rise and fall of the tide and the marine limits ofthe jurisdiction of the state; and
(9) "Taking" means and includes the gathering, digging,raking, tonging, or dredging of shellfish.