2023 New York Laws › NAV - Navigation › Article 1 - Short Title and Definitions › 2 - Definitions.

§ 2. Definitions. The following terms when used in this chapter unless
otherwise  expressly  stated,  or  unless the context of the language or
subject  matter  indicates  a  different  meaning  or  application   was
intended,  shall  be  deemed to mean and include: 1. "Office" shall mean
the state office of parks, recreation and historic preservation.
2. "Commissioner" shall mean the commissioner of parks, recreation and
historic preservation,  unless  otherwise  indicated,  except  that  for
purposes  of  the  administration  of  articles three and eleven of this
chapter within the sixth  park  region,  the  boundaries  of  which  are
described  in  subdivision  six of section 7.01 of the parks, recreation
and  historic  preservation   law,   "commissioner"   shall   mean   the
commissioner of environmental conservation.
4.  "Navigable  waters  of  the  state"  shall mean all lakes, rivers,
streams and waters within the boundaries of the state and not  privately
owned,  which  are navigable in fact or upon which vessels are operated,
except all tidewaters bordering on and lying within  the  boundaries  of
Nassau and Suffolk counties.
5.  "Navigable  in  fact"  shall  mean  navigable  in  its  natural or
unimproved condition, affording a  channel  for  useful  commerce  of  a
substantial  and  permanent character conducted in the customary mode of
trade and travel on water. A theoretical or potential  navigability,  or
one  that  is  temporary, precarious and unprofitable is not sufficient,
but to be navigable in  fact  a  lake  or  stream  must  have  practical
usefulness to the public as a highway for transportation.
6. "Vessel" shall mean any floating craft and all vessels shall belong
to one of the following classes:
(a)  "Public  Vessel"  shall  mean  and  include every vessel which is
propelled in whole or in  part  by  mechanical  power  and  is  used  or
operated  for  commercial purposes on the navigable waters of the state;
that is either carrying passengers, carrying freight, towing, or for any
other use; for which a compensation  is  received,  either  directly  or
where  provided as an accommodation, advantage, facility or privilege at
any place of public accommodation, resort or amusement.
(b) "Residential vessel" shall mean and include every vessel which  is
used primarily as a residence.
(c)  "Pleasure  vessel" shall mean and include every vessel not within
the classification of public vessel or residential vessel. However,  the
provisions  of  this  chapter  shall  not  apply to rowboats, canoes and
kayaks except as otherwise expressly provided.
(d) The term "vessel" as used in this chapter shall not include a crew
racing shell. "Crew racing shell" shall mean any shell,  gig,  barge  or
other  boat designed primarily for practice or racing, propelled by oars
or sweeps, in the sport of crew or scull racing conducted by  a  private
or  public educational institution, school, academy, college, university
or association of any of the preceding, or by an amateur sports club  or
association  or by the United States or International Olympics Committee
and shall not include canoes, rowboats or lifeboats.
The boat or  launch  accompanying  a  crew  racing  shell  shall  have
sufficient  safety  devices  to  aid members of the crew should the need
arise.
7. "Owner" shall mean the person actually holding title to  a  vessel,
except  a  public  vessel  chartered  unmanned for a period of more than
thirty consecutive days, in which case "owner" shall include the  person
chartering the vessel.
8.  "Person"  shall  mean  an  individual, partnership, corporation or
association.
9. "Master" shall include every individual having  for  the  time  the
charge, control or direction of a vessel.
10.  "Pilot"  shall  mean an individual licensed to take charge of the
course of a vessel through or upon specific waters.
11. "Engineer" shall mean an individual licensed to operate a vessel's
main engines and auxiliaries.
12.  "Joint  pilot  and engineer" shall mean an individual licensed to
act as both pilot and engineer for a public vessel which in the judgment
of the inspector can be safely navigated by one individual.
13. "Operator" shall mean an individual who operates  or  navigates  a
pleasure vessel.
14. "License" shall mean a certificate furnished by the inspector.
15.  "Inspector"  shall  mean the individual, or individuals, provided
for in article two, section twelve, of this chapter.
16. "Under way" shall mean that the vessel is not at anchor,  or  made
fast to the shore, or aground.
17.  "Visibility"  as applied to lights shall mean discernibility on a
dark night with a clear atmosphere.
18. "Starboard" shall mean the right hand side, facing the bow of  the
vessel.
19.  "Port"  shall  mean  the  left  hand  side, facing the bow of the
vessel.
20. "Wharf" shall mean and include any structure built  or  maintained
for the purpose of providing a berthing place for vessels.
21.  "Dock" shall mean a wharf, or portion of a wharf, extending along
the shore line and generally connected with the uplands  throughout  its
length.
22. "Pier" shall mean a wharf or portion of a wharf extending from the
shore line with water on both sides.
23. "Jetty" shall mean a structure located within the shore lines of a
body of water for the purpose of controlling currents usually to prevent
filling in a channel.
24.  "Breakwater" shall mean a structure located within the shore line
of a body of water for the purpose of providing protection from wind and
wave action.
25. "Undocumented vessel" shall mean any vessel which is not  required
to  have,  and  does  not  have,  a  valid marine document issued by the
federal bureau of customs.
26. "Open construction" shall mean that a vessel is so constructed  as
to be void of any decking or enclosure which inhibits the continuous and
free circulation of air within the vessel when under way.
27.  "Aids  to  Navigation"  shall  mean buoys, beacons or other fixed
objects in the water which are used to mark obstructions  to  navigation
or to direct navigation through safe channels.
28.  "Floating  Objects"  shall  mean  any anchored marker or platform
floating on the surface of the water other than aids to  navigation  and
shall  include  but not be limited to, bathing beach markers, speed zone
markers, information markers, swimming or diving floats, mooring  buoys,
fishing buoys, and ski jumps.
29.  "Gray  water"  shall  mean  waste  water generated by water using
fixtures other than toilets; including but not limited to  baths,  sinks
and laundry facilities used on residential vessels.
30.  "Personal  watercraft"  shall mean a vessel which uses an inboard
motor powering a water jet pump as its primary source  of  motive  power
and  which  is designed to be operated by a person sitting, standing, or
kneeling on, or being  towed  behind  the  vessel  rather  than  in  the
conventional manner of sitting or standing inside the vessel.
30-a.  "Personal  flotation  device"  shall  mean a wearable flotation
device, classified and approved by the United States Coast  Guard  which
is  in such a condition that it is fit for its intended purpose, bears a

legibly marked United States Coast Guard approval number and  is  of  an
appropriate size for the person who intends to use it.
31.  "Specialty prop-craft" shall mean a vessel which is powered by an
outboard motor or a propeller driven motor and which is designed  to  be
operated  by  a  person  sitting, standing or kneeling on or being towed
behind the vessel rather than in the conventional manner of  sitting  or
standing inside the vessel.
32.  "Effective  muffler"  or "underwater exhaust system" shall mean a
sound suppression device or system designed and installed to  abate  the
sound  of  exhaust  gases emitted from an internal combustion engine and
which prevents excessive or unusual  noise,  as  set  forth  in  section
forty-four of this chapter.
33.  "Abandoned  historic  shipwreck" shall mean wrecks situated on or
under lands owned by the state, in which the state holds title  pursuant
to  the  Abandoned  Shipwrecks Act of 1987 (43 U.S.C. 2101) or which, by
reason  of  their  antiquity,  history,  architecture,  archaeology   or
cultural  value,  have state or national importance and are eligible for
inclusion on the state register of historic places, and which have  been
abandoned  by the owner of record. The term shall include the wreck, its
cargo and contents and the situs.
34. "Wreck" shall mean any wrecked property, other than  an  abandoned
historic shipwreck.