New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter C - Invasive Species › Part 576 - Aquatic Invasive Species Spread Prevention › Section 576.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and terms shall
					 be defined as follows:
(a) Animal
				  means all vertebrate and invertebrate species, in any stage of development,
				  including but not limited to mammals, birds, reptiles, amphibians, fish,
				  mollusks, arthropods, insects, and their eggs, larvae or young, but excluding
				  human beings, dog or other companion animal defined in section 350  of the Agriculture and Markets
				  Law.
(b) Commissioner means the
				  Commissioner of the Department of Environmental Conservation as well as meaning
				  the Commissioner's designated agent.
(c) Department means the New York State
				  Department of Environmental Conservation.
(d) Floating dock means a removable buoyant
				  platform supported by floating devices or suspended over the surface of a
				  waterbody by anchors or other devices.
(e) Invasive species means a species that is
				  nonnative to the ecosystem under consideration, and whose introduction causes
				  or is likely to cause economic or environmental harm or harm to human health.
(f) Launch means to place a
				  watercraft or floating dock into a public waterbody or any inlet or outlet to
				  such waterbody for any purpose, including by trailer or other device or
				  carrying by hand a watercraft into the waterbody.
(g) Launch site means the specific location
				  along the shoreline of a public waterbody where a watercraft or floating dock
				  is launched.
(h) Marine and coastal
				  district waters means the waters of the Atlantic Ocean within three nautical
				  miles from the coast line and all other tidal waters within the state,
				  including the Hudson River up to the Governor Mario M. Cuomo Bridge.
(i) Nonnative species means a species not
				  indigenous to an ecosystem under consideration or to New York State, and
				  includes an individual specimen.
(j) Person means any individual, firm,
				  co-partnership, association, or corporation, other than the state or a public
				  corporation, as the latter is defined in Article 2A section 66  of the General Construction Law.
(k) 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 a person
				  sitting, standing, or kneeling on, or being towed behind the vessel rather than
				  in the conventional manner of sitting or standing inside the vessel.
(l) Plant means all plant species, in any
				  stage of development, including, but not limited to trees, shrubs, vines,
				  grasses, sedges, rushes, herbs, mosses, lichens, as well as submergent,
				  emergent, free-floating or floatingleaf plants, and includes any part of the
				  plant.
(m) Public waterbody or
				  waterbody means lakes, bays, sounds, ponds, impounding reservoirs, springs,
				  rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean
				  within the territorial limits of the State of New York and all other bodies of
				  surface water, natural or artificial, inland or coastal, fresh or salt, public
				  or private (except those private waters which do not combine or effect a
				  junction with natural surface waters), which are wholly or partially within or
				  bordering the state or within its jurisdiction.
(n) Reasonable precautions mean intentional
				  actions that prevent or minimize the introduction or spread of aquatic invasive
				  species, as specified in section
				  576.3  of this
				  Part.
(o) Watercraft means every
				  motorized or non-motorized boat, vessel or vehicle capable of being used or
				  operated as a means of transportation or recreation in or on water.