New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter C - Albany Pine Bush Preserve › Part 648 - Public Use Of The Albany Pine Bush Preserve › Section 648.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, unless the context otherwise
					 requires:
(a) Albany Pine Bush
				  Preserve Management Plan means a management plan for the preserve prepared by
				  the commission pursuant to ECL section 46-0111 (see section
				  648.10  of this
				  Part).
(b) Bicycle means a vehicle
				  with two or more wheels, a steering handle, a saddle seat or seats, and pedals
				  by which it is propelled.
(c) Camp
				  means sleeping overnight or use of any shelter including, but not limited to, a
				  tent, motor home, travel trailer, mobile home, lean-to or a vehicle or vessel
				  used as shelter for sleeping.
(d)
				  Commission means the Albany Pine Bush Preserve Commission as established by
				  article 46 of the ECL.
(e)
				  Department means the New York State Department of Environmental
				  Conservation.
(f) ECL means the
				  Environmental Conservation Law, chapter 43-B of the Consolidated Laws of New
				  York State.
(g) Firearm means any
				  weapon from which a shot is discharged by force of an explosive, or a weapon
				  which acts by force of gunpowder or air, and shall include any weapon capable
				  of being loaded with powder, ball or ammunition, whether completed, assembled
				  or from which any part or piece has been removed therefrom.
(h) Fishing means the taking, killing,
				  netting, capturing or withdrawal of fish by any means and every attempt to take
				  or assist another person in taking or attempting to take fish.
(i) Hike means to walk, jog or run for the
				  purpose of recreation or exercise.
(j) Hunt means to pursue, shoot, kill or
				  capture (other than trap) wildlife and includes all lesser acts that disturb,
				  harry or worry wildlife whether or not they result in taking, and every attempt
				  to take and every act of assistance to any person in taking or attempting to
				  take wildlife.
(k) Longbow means
				  any bow that is legal for use pursuant to the ECL.
(l) Mechanized aid means a nonmotorized or
				  motorized wheelchair, or similar device, such as a three-wheeled mobility
				  device designed solely for use by a mobility impaired person for locomotion
				  that is suitable for indoor use in a pedestrian area as well as outdoors by a
				  person with a disability. A nonmotorized or motorized wheelchair is not
				  considered to be a motor vehicle.
(m) Motor vehicle means a device for
				  transporting personnel, supplies or material, that incorporates a motor or an
				  engine of any type for propulsion (except a mechanized aid), and with wheels,
				  tracks, skids, skis, air cushion or other contrivance for traveling on or
				  adjacent to land, water, ice or snow.
(n) Muzzle loading firearm means a gun which
				  is loaded through the muzzle, having rifling in the barrel, shooting a single
				  projectile and having a minimum bore of.44 inch.
(o) No hunting zone means a specific part of
				  the preserve identified by public notice, posted sign or map published by the
				  commission where hunting is prohibited.
(p) No trapping zone means a specific part of
				  the preserve identified by public notice, posted sign or map published by the
				  commission where trapping is prohibited.
(q) Path means any unmarked way, including
				  temporary or permanent paths and firebreaks constructed, maintained, or used by
				  the commission for preserve management purposes, including fire
				  management.
(r) Permit means
				  written permission issued by the commission allowing an otherwise prohibited
				  activity or, when used for purposes of hunting or trapping only, a valid New
				  York State hunting or trapping license.
(s) Person means any individual, public or
				  private corporation, industry, partnership, association, firm, trust, estate,
				  municipality or other legal entity.
(t) Pet means any domesticated animal except
				  guide dogs, hearing assistance dogs or helper dogs.
(u) Pistol means a firearm, as defined in
				  section
				  180.3 
				  of this Title, intended to be aimed and fired with one hand, having a barrel
				  length not exceeding 16 inches.
(v)
				  Preserve means the Albany Pine Bush Preserve, including all lands and waters
				  dedicated to preservation pursuant to ECL section 46-0107(1)-(4) and lands and
				  waters subject to a written agreement pursuant to ECL section 46-
				  0107(5).
(w) Restricted hunting
				  zone means a specific part of the preserve identified by public notice, posted
				  sign or map published by the commission where hunting is subject to special
				  restrictions.
(x) Restricted
				  trapping zone means a specific part of the preserve identified by public
				  notice, posted sign or map published by the commission where trapping is
				  subject to special restrictions.
(y) Rifle means a firearm using metallic
				  cartridges and a barrel length of at least 16 inches with rifling in the
				  barrel.
(z) Rubbish means any
				  discharged garbage, sewage, metal, plastic or glass, yard waste, construction
				  and demolition materials, sand or soil, abandoned property, motor vehicles,
				  organic or inorganic waste, paper, litter or other nauseous, offensive or
				  noxious material.
(aa) Shotgun
				  means a firearm with a barrel length of at least 18 inches that uses shells
				  that are nonmetallic except for the base.
(ab) Structure means any object constructed,
				  installed, placed or parked on land to facilitate land use, development or
				  subdivision, such as buildings, mobile homes, sheds, signs, tanks, outdoor
				  lighting, swimming pools, tanks, fences, poles and dog houses, and any
				  fixtures, additions and alterations thereto and trailers, travel trailers,
				  campers, or tents constructed, installed, or parked on lands of the
				  preserve.
(ac) Toboggan means a
				  nonmotorized, flat bottomed or runnered sled, snow tube or similar device
				  designed for sliding on snow or ice covered surfaces.
(ad) Trail means an established path or way
				  less than 15 feet wide, officially marked for public use by the commission, and
				  designed primarily for passage by people on foot, horseback or
				  bicycle.
(ae) Trap means to take,
				  kill, capture wildlife with traps, dead falls, and other devices commonly used
				  to take wildlife, and the shooting or killing of wildlife lawfully trapped, and
				  includes all lesser acts such as to place, set or stake such traps, dead falls
				  and other devices 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 with traps, dead falls or other devices.