Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 18.00 - Aquatic Nuisance Control Program › Section 18.02 - Definitions

Current through Register 1525, July 5, 2024
The following words and phrases, when used in
				302 CMR 18.00, shall have the
				meanings respectively ascribed to them in 302 CMR 18.02 except in those
				instances where the context clearly indicates a different meaning or is
				otherwise stated.
Whenever any words and phrases used in
				302 CMR 18.00 are not defined
				in 302 CMR 18.02, such word or phrase shall be construed according to its
				generally accepted meaning as noted in a dictionary of general usage.
Aquatic Nuisance(s)
means undesirable
				or excessive substances or populations that interfere with the recreational or
				ecological potential of a body of water or interfere with the natural resources
				thereof. Aquatic Nuisance includes, but is not limited to, rooted aquatic
				vegetation and algae populations,
dreissena
mussels, spiny
				water fleas, and any other invasive species that the Commissioner declares to
				be an Aquatic Nuisance.
Aquatic Nuisance Species (ANS)
means
				non-native species or non-native Aquatic Nuisances that interfere with or
				threaten the diversity or abundance of native species, the ecological stability
				of infested waters, and/or any commercial, agricultural, aquacultural, or
				recreational activities dependent on such waters. ANS include non-native
				Aquatic Nuisances and non-native species that may occur within Inland Waters
				and that presently or potentially threaten ecological processes or natural
				resources.
Authorized Personnel
means DCR
				personnel so designated, the director of the Office of Law Enforcement (OLE),
				deputy directors of OLE, deputy chiefs of OLE, Massachusetts Environmental
				Police Officers (EPOs), deputy EPOs, Massachusetts State Police, local police
				officers assigned to harbor patrol, fish and game wardens, city and town police
				officers assigned to patrol the waters of the Commonwealth, or an
				officially-appointed harbor master within the municipality's
				jurisdiction.
Boat Transporter
means any vehicle
				combination including a Low-boy Boat Transporter, a Stinger-steered Boat
				Transporter or a Truck-trailer Boat Transporter, designed and used specifically
				for the transport of assembled boats and boat hulls; provided, however, that
				such boats may be partially disassembled to facilitate transportation.
Clean Boat Certification Program
means
				a program that is established and administered by the Department, sometimes in
				coordination with OFBA, at certain public access facilities.
Commissioner
means the Commissioner of
				the Department of Conservation and Recreation.
DCR or Department
means the Department
				of Conservation and Recreation.
Inland Water(s)
means all waters
				within the jurisdiction of the Commonwealth other than coastal waters.
Inspection
means an activity
				undertaken by authorized DCR personnel to check any Vessel, vehicle, Boat
				Transporter, Personal Watercraft, or other equipment that touches the water for
				the presence of an Aquatic Nuisance Species. Inspection occurs upon entering or
				leaving inland waters or while in transport on land.
Low-boy Boat Transporter
means a
				semi-trailer unit, the trailer of which is designed and used specifically for
				the transport of assembled boats and hulls; provided, however, that the top
				surface of the deck platform of such semi-trailer shall not be more than 36
				inches above the surface on which the wheels of the vehicle rest.
Office of Fishing and Boating Access or
				OFBA
means the office within the Department of Fish and
				Game.
Personal Watercraft
means 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 persons sitting, standing
				or kneeling on the Vessel.
Post or Posting
means to display in a
				place of public view in electronic or printed form, including on the DCR
				website (
www.mass.gov/eea/agencies/dc
).
Stinger-steered Boat Transporter
means
				a Boat Transporter configured as a semitrailer combination on which the fifth
				wheel is located on a drop frame located behind and below the rear-most axle of
				the power unit.
Truck-trailer Boat Transporter
means
				any automobile Boat Transporter combination that typically uses a ball and
				socket connection, including a Boat Transporter combination consisting of a
				truck towing a trailer typically using a ball and socket connection with the
				trailer axle thereon located substantially at the trailer center of gravity,
				rather than at the rear of the trailer, so as to maintain a downward force on
				the trailer tongue.
Vessel
means as defined in M.G.L. c.
				90B, § 1.
Watercraft
means any boat, ship,
				Vessel, or craft that operates on water, whether moved by oars, paddles, sails
				or power mechanisms, inboard or outboard, or any other Vessel floating, whether
				capable of self-locomotion or not, and may include, but is not limited to,
				house boats, barges, and similar floating objects.