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Parts 59, Section 59.4 - State Boat-Launching Sites, Fishing-Access Sites and Fishing Rights Areas, and Part 190, Section 190.24 - Boat Launching Sites and Other Sites From Which A Watercraft May Be Launched - Express Terms Adopted June 4, 2014

Express Terms

Title 6 NYCRR Part 59 is amended to read as follows:

A new section 59.4 is adopted to read as follows:

Section 59.4

Aquatic Invasive Species Control at State Boat Launching and Fishing Access Sites

The regulations in this section apply to all sites from which a watercraft can be launched that are under the jurisdiction of the New York State Department of Environmental Conservation and administered by the Division of Fish, Wildlife and Marine Resources.

(a) Purpose. The purpose of this section is to provide regulations that restrict the transport of plants and animals to and from state boating and fishing access facilities administered by the Division of Fish, Wildlife and Marine Resources to limit the spread of aquatic invasive species.

(b) Prohibitions.

1. No person shall launch, or attempt to launch a watercraft from a state boat launching site, a fishing access site, or any other site from which a watercraft may be launched, or leave from these sites with any plant or animal, or parts thereof, visible to the human eye, in, on, or attached to any part of the watercraft, including livewells and bilges, the motor, rudder, anchor or other appurtenants; any equipment or gear; or the trailer or any other device used to transport or launch a watercraft that may come into contact with the water, unless a written permit is obtained from the department.

2. No person shall launch, or attempt to launch a watercraft from a state boat launching site, a fishing access site, or any other site from which a watercraft may be launched, or leave from these sites without draining the watercraft, including bilge areas, livewells, bait wells and ballast tanks, unless a written permit is obtained from the department.

(c) Exceptions.

The provisions of this section shall not apply to:

(1) Plants not otherwise defined in law or regulation as invasive species affixed to or transported in watercraft for use as camouflage for hunting or wildlife viewing purposes.

(2) Bait, including baitfish, that can legally be used on a waterbody and is possessed consistent with all applicable law and regulations.

(3) Legally taken game as defined in section 11-0103(2) of the Environmental Conservation Law or fish as defined in section 11-0103(1)(a).

(4) The use of plants or animals for habitat restoration, weed control, scientific research, aquaculture, or other activity approved by the department, consistent with all applicable laws and regulations related to their use, possession or harvest.

(d) Definitions

As used in this section, the following terms have the following meanings:

(1) Animal includes every living and non-living creature except a human being, dog or other companion animal as defined in section 350 of the Agriculture and Markets Law.

(2) Watercraft includes every motorized or non-motorized boat or vehicle capable of being used or operated as a means of transportation or recreation in or on water.

(3) Launch means to place a watercraft into a waterbody for any purpose and any activity that takes place within fifty feet of the high water mark of the waterbody for the purpose of placing a watercraft into a waterbody, including moving by trailer or other device or carrying by hand a watercraft toward the waterbody, or entering a queue prior to launching.

Title 6 NYCRR Section 190.24 is amended to read as follows:

Section 190.24

BOAT LAUNCHING SITES AND OTHER SITES FROM WHICH A WATERCRAFT MAY BE LAUNCHED

(a) Applicability.

The following regulations in this section apply to all sites from which a watercraft may be launched that are under the jurisdiction of the New York State Department of Environmental Conservation and administered by the Division of Lands and Forests, or the Division of Operations, or both.

(b) Prohibitions.

[(a)] (1) No person shall use any boat launching site or any adjacent waters within 100 feet from the shore of a boat launching ramp or ramp area, including offshore and inshore approaches, for any purpose other than the launching, retrieval, hauling or loading of boats, fishing and, where provided, ice fishing access, unless a written permit is obtained from the department. Fishing, or other permitted non-boating use of these facilities, may in no way impair the launching or retrieval of boats, use of boarding docks by boaters, or navigation to and from the launch ramp.

[(b)] (2) No person shall moor, dock, beach, leave, abandon or park any boat, auto trailer, float, raft or vehicle of any type for more than 24 hours at any boat launching site, and no vehicle except one used in loading and unloading or launching a boat shall be left or parked within such area at any time.

[(c)] (3) No person shall erect or maintain a camp, tent or structure of any kind at a boat launching site.

[(d)] (4) No person shall conduct any business, buy, sell, offer or expose for sale, hire, lease or vend any article or merchandise of any kind at a boat launching site.

[(e)] (5) No person shall kindle, build, maintain or use a fire, except in an area provided for that purpose.

[(f)] (6) No person shall erect or post any sign or notice, except as permitted by the department.

[(g)] (7) No person shall dispose of any garbage, sewage, metal or glass containers, refuse, waste, fruit, vegetable, foodstuffs, paper or other litter, except in receptacles when provided for such purposes.

[(h)] (8) No person shall injure, deface, disturb or befoul any part of an area or building, sign, equipment or other property found thereon, nor shall any tree, flower, fern, shrub, rock or other plant or mineral be removed, injured or destroyed.

[(i)] (9) No person shall use threatening, abusive or insulting language; perform any obscene or indecent act; throw stones or other missiles; interfere with, encumber, obstruct or render dangerous any drive, path, dock, beach or public place; do any act tending to or amounting to a breach of the peace; enter or leave, except at established entrances or exits; engage in, instigate, aid or encourage a contention or fight; or assault any person.

[(j)] (10) No person shall at any time fail to comply with the reasonable demand or directions of any authorized person in using access roads, parking areas or launching sites, or fail to comply with directions or signs.

(11) No person shall launch, or attempt to launch a watercraft from a state boat launching site, a fishing access site, or any other site from which a watercraft may be launched, or leave from these sites with any plant or animal, or parts thereof, visible to the human eye, in, on, or attached to any part of the watercraft, including livewells and bilges; the motor, rudder, anchor or other appurtenants; any equipment or gear; or the trailer or any other device used to transport or launch a watercraft that may come into contact with the water, unless a written permit is obtained from the department.

(12) No person shall launch, or attempt to launch a watercraft from a state boat launching site, a fishing access site, or any other site from which a watercraft may be launched, or leave from these sites without draining the watercraft, including bilge areas, livewells, bait wells and ballast tanks, unless a written permit is obtained from the department.

(c) Exceptions.

The provisions of this section shall not apply to:

(1) Plants not otherwise defined in law or regulation as invasive species affixed to or transported in watercraft for use as camouflage for hunting or wildlife viewing purposes.

(2) Bait, including baitfish, that can legally be used on a waterbody and is possessed consistent with all applicable laws and regulations.

(3) Legally taken game as defined in section 11-0103(2) of the Environmental Conservation Law or fish as defined in section 11-0103(1)(a).

(4) The use of plants or animals for habitat restoration, weed control, scientific research, aquaculture, or other activity approved by the department, consistent with all applicable laws and regulations related to their use, possession or harvest.

(d) Definitions

As used in this section, the following terms have the following meanings:

(1) Animal includes every living and non-living creature except a human being, dog or other companion animal as defined in section 350 of the Agriculture and Markets Law.

(2) Watercraft includes every motorized or non-motorized boat or vehicle capable of being used or operated as a means of transportation or recreation in or on water.

(3) Launch means to place a watercraft into a waterbody for any purpose and any activity that takes place within fifty feet of the high water mark of the waterbody for the purpose of placing a watercraft into a waterbody, including moving by trailer or other device or carrying by hand a watercraft toward the waterbody, or entering a queue prior to launching.

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