New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter II - LANDS AND FORESTS › Part 197 - Guides Licensing › Section 197.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Hiking means
				traversing the lands of the State by foot or snowshoe for the purpose of
				pleasure or exercise, except traversing conducted totally within the limits of
				any incorporated city or village or traversing in connection with any other
				activity regulated by this Part.
(b) Camping means the overnight occupancy of
				lands, utilizing temporary shelter such as a tent or lean-to, or occupancy
				without structural shelter.
(c)
				Fishing means the taking, killing, netting, capturing or withdrawal of fish
				from the waters of the State by any means, including every attempt to take and
				every act of assistance to any other person in taking or attempting to take
				fish.
(d) Hunting means pursuing,
				shooting, killing or capturing (other than trapping) wildlife, except wildlife
				which has been lawfully trapped or otherwise reduced to possession, and
				includes all lesser acts such as disturbing, harrying or worrying, whether they
				result in taking or not, and every attempt to take and every act of assistance
				to any other person in taking or attempting to take wildlife.
(e) For hire means providing or offering to
				provide services to the public at large for which compensation is demanded or
				received, directly or indirectly. Compensation does not include reimbursement
				of actual expenses for travel, meals and lodging.
(f) Guide is a person who offers services for
				hire, part or all of which includes directing, instructing or aiding another in
				fishing, hunting, camping, hiking, whitewater canoeing, whitewater rafting, or
				rock and ice climbing.
(g) Guiding
				and the business of guiding means providing services for hire whereby a guide
				directs, instructs or aids another person in fishing, hunting, camping, hiking,
				whitewater canoeing and rafting, or rock and ice climbing. Secondary assistance
				such as carrying and cooking will not be considered guiding when carried out to
				assist a licensed guide.
(h) Rock
				and ice climbing means the sport of ascending or descending rock faces and
				those covered or partially covered with ice of such vertical angle that the
				climber must use technical climbing techniques to safely negotiate the climb.
				This includes all free, aided, friction and ice climbing where ropes, pitons,
				nuts, chocks, ice screws, or other similar climbing equipment is used. No guide
				license for rock and ice climbing will be required when climbing gear is used
				as a safety measure while negotiating foot trails or cross-country travel in
				connection with another guided activity. Rock and ice climbing is divided into
				two categories: Tier I and Tier II.
(i) Tier I climbing means the unrestricted
				sport as described in subdivision (h) of this section.
(j) Tier II means the sport as described in
				subdivision (h) of this section restricted to single pitch, not more than 150
				feet in height, top rope climbing only. Top rope climbing is defined as
				climbing when the belay stance, anchor, or protection point for the climber's
				safety rope is placed, by means of an alternate route where technical climbing
				is not required, directly above the climber.
(k) Whitewater canoeing or rafting means the
				navigation using rafts, either inflatable or solid, or canoes, including open
				canoes, covered canoes and kayaks, of the following rivers between the points
				specified:
(1) the Cattaraugus Creek between
				the Main Street bridge in the Village of Gowanda and the dam at
				Springville;
(2) the south branch
				of Cattaraugus Creek between its confluence with Cattaraugus Creek and the
				Forty Road bridge;
(3) the Moose
				River between the New York State Route 28 bridge in the hamlet of McKeever and
				its confluence with the Black River at the Village of Lyons Falls;
(4) the Black River between the western
				bounds of the Village of Deferiet and the eastern bounds of the Village of
				Dexter;
(5) the Raquette River
				between the New York State Route 3 bridge near the hamlet of Piercefield and
				the point where it enters Carry Falls Reservoir;
(6) the Salmon River between the long bridge
				in the Village of Pulaski and the public boat launching facility located
				approximately two miles downstream;
(7) the Indian River between Lake Abanakee
				and its confluence with the Hudson River;
(8) the Hudson River between its confluence
				with the Indian River and the confluence of Gilead Brook near the hamlet of the
				North River;
(9) the Schroon River
				between Starbuckville Dam and the Warren County Route 11 bridge; and
(10) the Boreas River between Bruce dam and
				its confluence with the Hudson River.