New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter III - New York State Thruway Authority › Subchapter D - Canal System › Part 150 - General Provisions › Section 150.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms when used in this Chapter, unless
					 otherwise expressly stated or unless the context or subject matter requires
					 otherwise, shall have the following meanings:
(a) The New York State Canal Corporation (the
				  Canal Corporation) shall mean the corporate subsidiary of the New York State
				  Thruway Authority, created by section
				  382 of
				  the Public Authorities Law. The New York State Thruway Authority (the
				  Authority) shall mean the public corporation created by title 9 of article 2 of
				  the Public Authorities Law.
(b)
				  Canal Recreationway Commission shall mean the advisory body created pursuant to
				  article 13-A of the Canal Law, consisting of State, local and private citizens
				  representative of diverse canal interests and geographic areas of the canal
				  system.
(c) The Canal Recreationway
				  Plan shall mean the comprehensive plan for development of the New York State
				  Canal System formulated pursuant to article 13-A of the Canal Law.
(d) Division director shall mean the
				  administrative head of a designated area constituting a division of the Canal
				  Corporation.
(e) The New York State
				  canal or the canal system shall each mean all the canals, canal lands, feeder
				  canals, reservoirs, canal terminals and canal terminal lands of the State
				  transferred to the jurisdiction of the authority and operated by the Canal
				  Corporation pursuant to chapter 766 of the Laws of 1992, as hereinafter
				  defined.
(f) Canals or canal shall
				  mean the channel and adjacent State-owned banks of the inland waterways of the
				  State constructed, improved, or designated by authority of the Legislature as
				  canals and shall include canalized rivers and lakes, canal water supply
				  reservoirs, canal water supply feeder channels and all appertaining structures
				  including locks, dams, bridges, etc., necessary for the proper maintenance and
				  operation of the canals.
(g) Canal
				  terminal shall mean the facilities which have been constructed or acquired
				  under authority of the Legislature in connection with the canal system for
				  loading, unloading, and/or temporarily storing commodities transported upon the
				  canals and shall include docks, dock walls, bulkheads, wharves, piers, slips,
				  basins, harbors, buildings, equipment, tracks and roadways together with the
				  lands now owned or as may hereafter be acquired by the State or the Canal
				  Corporation for the proper maintenance and operation of the canal
				  terminals.
(h) Erie Canal shall
				  mean the portion of the canal system connecting the Hudson River at Waterford
				  with the Niagara River at Tonawanda.
(i) Oswego Canal shall mean the portion of
				  the canal system connecting the Erie Canal at Three Rivers with Lake Ontario at
				  Oswego.
(j) Champlain Canal shall
				  mean the portion of the canal system connecting the easterly end of the Erie
				  Canal at Waterford with Lake Champlain at Whitehall.
(k) Cayuga and Seneca Canals shall mean the
				  portions of the canal system connecting the Erie Canal at a point near
				  Montezuma with Cayuga and Seneca Lakes and through Cayuga Lake and Cayuga inlet
				  to the southerly side of State Street in the City of Ithaca and through Seneca
				  Lake with Montour Falls.
(l) Canal
				  lands shall mean all lands and waters forming a part of the canal system, title
				  to which was originally vested in the State, acquired by the State or which may
				  in the future be acquired by the State or the Canal Corporation for canal
				  purposes.
(m) Permit shall mean a
				  revocable agreement granting temporary occupancy or use of lands, facilities,
				  or structures of the canal system.
(n) Float shall mean every boat, vessel, raft
				  or floating thing navigated on the canals or moved thereupon under the
				  direction of some person having the charge thereof.
(o) Master shall mean every person having for
				  the time, the charge, control or direction of any float.
(p) Person shall mean an individual,
				  partnership, corporation or association.
(q) Mooring shall mean the making fast of a
				  float to a structure. This may be by direct attachment to the structure or
				  through other floats.
(r) Dockage
				  shall mean the charges which are established for the mooring of a vessel at a
				  terminal.
(s) Wharfage shall mean
				  the charges which are established for the privilege of moving commodities from
				  or into floats while moored at a terminal.
(t) Storage shall mean the temporary
				  occupancy, by commodities, of space on a canal terminal. Storage carries no
				  responsibility by the State, the authority or the Canal Corporation for damage
				  or loss of commodities.
(u) Canal
				  freight shall mean commodities moved or to be moved via the New York State
				  canals.
(v) Day shall mean a period
				  of 24 hours or fraction thereof.
(w) Area occupied shall mean driveways,
				  passageways, etc., which are monopolized by the commodity to the exclusion of
				  other shippers.
(x) Outgoing canal
				  freight shall mean freight delivered on a canal terminal for transportation on
				  the canal system.
(y) Incoming
				  canal freight shall mean freight delivered on a canal terminal after
				  transportation on the canal system.
(z) Owner of a vessel, operating on the
				  canals, shall mean the person so declared and filed with the United States
				  Treasury Department (Bureau of Customs), and who is also required to file
				  proper certificate of registry with the Canal Corporation.