Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 5 - BOATING AND WATER SPORTS › Section R12-4-501 - Boating and Water Sports Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided under A.R.S. §
				  5-301, the following definitions apply to this Article unless otherwise
				  specified: "Abandoned watercraft" means any watercraft that has
				  remained:
On private property without the consent of the private
				  property owner;
Unattended for more than 48 hours on a highway, public
				  street, or other public property;
Unattended for more than 72 hours on state or federal lands;
				  or
Unattended for more than 14 days on state or federal
				  waterways, unless in a designated mooring or anchorage area.
"Aids to navigation" means buoys, beacons, or other fixed
				  objects placed on, in, or near the water to mark obstructions to navigation or
				  to direct navigation through channels or on a safe course.
"Authorized third-party provider" means an entity that has
				  been awarded a written agreement with the Department, pursuant to a competitive
				  bid process, to perform limited or specific services on behalf of the
				  Department.
"AZ number" means the Department-assigned identification
				  number with the prefix "AZ."
"Bill of sale" means a written agreement transferring
				  ownership of a watercraft that includes all of the following
				  information:
Name of buyer;
Name of seller;
Manufacturer of the watercraft, when known;
Hull identification number, unless exempt under
				  R12-4-505;
Purchase price and sales tax paid, when applicable;
				  and
Signature of seller.
"Boats keep out" in reference to a regulatory marker means
				  the operator or user of a watercraft, or a person being towed by a watercraft
				  on water skis, an inflatable device, or similar equipment shall not
				  enter.
"Certificate of number" means the Department-issued document
				  that is proof that a motorized watercraft is registered in the name of the
				  owner.
"Certificate of origin" means a document provided by the
				  manufacturer of a new watercraft or its distributor, its franchised new
				  watercraft dealer, or the original purchaser establishing the initial chain of
				  ownership for a watercraft, such as but not limited to:
Manufacturer's certificate of origin (MCO);
Manufacturer's statement of origin (MSO):
Importer's certificate of origin (ICO);
Importer's statement of origin (ISO); or
Builder's certification (Form CG-1261).
"Controlled-use marker" means an anchored or fixed marker on
				  the water, shore, or a bridge that controls the operation of watercraft, water
				  skis, surfboards, or similar devices or equipment.
"Dealer" means any person who engages in whole or in part in
				  the business of buying, selling, or exchanging new or used watercraft, or both,
				  either outright or on conditional sale, consignment, or lease.
"Homemade watercraft" means a watercraft that is not
				  fabricated or manufactured for resale and to which a manufacturer has not
				  attached a hull identification number. If a watercraft is assembled from a kit
				  or constructed from an unfinished manufactured hull and does not have a
				  manufacturer assigned hull identification number it is a "homemade
				  watercraft."
"Hull identification number" means a number assigned to a
				  specific watercraft by the manufacturer or by a government jurisdiction as
				  prescribed by the U.S. Coast Guard.
"Issuing authority" means either a State that has an
				  approved numbering system or the U.S. Coast Guard when a State does not have an
				  approved numbering system.
"Junk watercraft" means any hulk, derelict, wreck, or parts
				  of any watercraft in an unseaworthy or dilapidated condition that cannot be
				  profitably dismantled or salvaged for parts or profitably restored.
"Letter of gift" means a document transferring ownership of a
				  watercraft that includes all of the following information:
Name of previous owner;
Name of new owner;
Manufacturer of the watercraft, when known;
Hull identification number, unless exempt under
				  R12-4-505;
A statement that the watercraft is a gift; and
Signature of previous owner.
"Livery" means a business authorized to rent or lease
				  watercraft with or without an operator for recreational, non-commercial use as
				  prescribed under A.R.S. § 5-371.
"Manufacturer" means any person engaged in the business of
				  manufacturing or importing new watercraft for the purpose of sale or
				  trade.
"Motorized watercraft" means any watercraft propelled by
				  machinery and powered by electricity, fossil fuel, or steam.
"No ski" in reference to a regulatory marker means a person
				  shall not be towed on water skis, an inflatable device, or similar
				  equipment.
"No wake" in reference to a regulatory marker has the same
				  meaning as "wakeless speed" as defined under A.R.S. § 5-301.
"Operate" in reference to a watercraft means use, navigate,
				  or employ.
"Owner" in reference to a watercraft means a person who
				  claims lawful possession of a watercraft by virtue of legal title or equitable
				  interest that entitles the person to possession.
"Personal flotation device" means a U.S. Coast Guard approved
				  wearable or throwable device for use on any watercraft, as prescribed under
				  A.R.S. §§ 5-331, 5-350(A), and R12-4-511.
"Regatta" means an organized water event of limited duration
				  affecting the public use of waterways, for which a lawful jurisdiction has
				  issued a permit.
"Registered owner" means the person or persons to whom a
				  watercraft is currently registered by any jurisdiction.
"Registration decal" means the Department-issued decal that
				  is proof of watercraft registration.
"Regulatory marker" means a waterway marker placed on, in, or
				  near the water to convey general information or indicate the presence
				  of:
A danger, or
A restricted or controlled-use area.
"Release of interest" means a statement surrendering or
				  abandoning unconditionally any claim or right of ownership or use in a
				  watercraft.
"Secured party" means a lender, seller, or other person who
				  holds a security interest in a watercraft under applicable law.
"Secured interest" means an interest that is reserved or
				  created by an agreement under applicable law and that secures payment or the
				  performance of an obligation.
"Sound level" means the noise level measured in decibels on
				  the A-weighted scale of a sound level instrument that conforms to recognized
				  industry standards and is maintained according to the manufacturer's
				  instructions.
"Staggered registration" means the system of renewing
				  watercraft registrations in accordance with the schedule provided under
				  R12-4-504.
"State of principal operation" means the state in whose
				  waters the watercraft is used or will be operated most during the calendar
				  year.
"Throwable personal flotation device" means a U.S. Coast
				  Guard approved Type IV device for use on any watercraft such as, but not
				  limited to, a buoyant cushion, ring buoy, or horseshoe buoy.
"Titling authority" means a State whose vessel titling
				  system has been certified by the Commandant under
				  33 C.F.R.
				  187.303 Subpart D.
"Unreleased watercraft" means a watercraft for which there is
				  no written release of interest from the registered owner.
"Watercraft" means a boat or other floating device of rigid
				  or inflatable construction designed to carry people or cargo on the water and
				  propelled by machinery, oars, paddles, or wind action on a sail. Exceptions are
				  sea-planes, makeshift contrivances constructed of inner tubes or other
				  floatable materials that are not propelled by machinery, personal flotation
				  devices worn or held in hand, and other objects used as floating or swimming
				  aids.
"Watercraft agent" means a person authorized by the
				  Department to collect applicable fees for the registration and numbering of
				  watercraft.
"Watercraft registration" means the validated certificate of
				  number and validating decals issued by the Department.
"Wearable personal flotation device" means a U.S. Coast Guard
				  approved Type I, Type II, Type III, or Type V device for use on any watercraft
				  such as, but not limited to, an off-shore lifejacket, near-shore buoyant vest,
				  special-use wearable device, or flotation aid.