used in this Chapter, unless otherwise apparent from the context: (a) Agricultural commodity means any and all plant and animal
products produced in this territory for commercial purposes.

(b) Agricultural use means use of land for the purpose of producing an agricultural commodity for commercial purposes.

(c) Prime agricultural land means any of the following:

(1) Land which supports livestock used for the production of food and fiber and which has an actual carrying capacity equivalent to at least one animal unit per acre as defined by the U. S. Department of Agriculture.

(2) Land planted with fruit or nut- bearing trees, vines, bushes or crops which have a non-bearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the

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production of unprocessed agricultural plant production not less than Two Hundred Dollars ($200) per acre.

(3) Land which has returned from the production of unprocessed agricultural plant products an annual gross value of not less than Two Hundred Dollars ($200) per acre for three of the previous five years.

(d) Agricultural preserve means an area devoted to either agricultural use, recreational use as defined in subsection (h) or an open space use as defined in subsection (i) or any combination of such uses, and compatible uses as designated by the Department.

(e) Compatible use is any use determined by the Department or by this Chapter to be compatible with the agricultural, recreational, or open space use of land within the preserve and subject to contract. Compatible use includes agricultural use, recreational use, or open space use unless the Department finds after notice and hearing that such use is not compatible with the agricultural, recreational or open space use to which the land is restricted by contract pursuant to this Chapter.

(f) Department means the Department of Agriculture.

(g) Director means the Director of the Department of
Agriculture.

(h) Recreational use is the use of land by the public, with or without charge, for any of the following: walking, hiking, picnicking, camping, swimming, boating, hunting, or other outdoor games or sports for which facilities are provided for public participation. Any fee charged for the recreational use of land as defined in this subsection shall be in a reasonable amount and shall not have the effect of unduly limiting its use by the public.

(i) Open space use is the use or maintenance of land in such a manner as to preserve its natural characteristics, beauty, or openness for the benefit and enjoyment of the public, or to provide essential habitat for wildlife.

SOURCE: GC § 12501.