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S 2. Definitions. The following terms when used in this chapter unless otherwise expressly stated, or unless the context of the language or subject matter indicates a different meaning or application was intended, shall be deemed to mean and include: 1. "Office" shall mean the state office of parks, recreation and historic preservation. 2. "Commissioner" shall mean the commissioner of parks, recreation and historic preservation, unless otherwise indicated, except that for purposes of the administration of articles three and eleven of this chapter within the sixth park region, the boundaries of which are described in subdivision six of section 7.01 of the parks, recreation and historic preservation law, "commissioner" shall mean the commissioner of environmental conservation. 4. "Navigable waters of the state" shall mean all lakes, rivers, streams and waters within the boundaries of the state and not privately owned, which are navigable in fact or upon which vessels are operated, except all tidewaters bordering on and lying within the boundaries of Nassau and Suffolk counties. 5. "Navigable in fact" shall mean navigable in its natural or unimproved condition, affording a channel for useful commerce of a substantial and permanent character conducted in the customary mode of trade and travel on water. A theoretical or potential navigability, or one that is temporary, precarious and unprofitable is not sufficient, but to be navigable in fact a lake or stream must have practical usefulness to the public as a highway for transportation. 6. "Vessel" shall mean any floating craft and all vessels shall belong to one of the following classes: (a) "Public Vessel" shall mean and include every vessel which is propelled in whole or in part by mechanical power and is used or operated for commercial purposes on the navigable waters of the state; that is either carrying passengers, carrying freight, towing, or for any other use; for which a compensation is received, either directly or where provided as an accommodation, advantage, facility or privilege at any place of public accommodation, resort or amusement. (b) "Residential vessel" shall mean and include every vessel which is used primarily as a residence. (c) "Pleasure vessel" shall mean and include every vessel not within the classification of public vessel or residential vessel. However, the provisions of this chapter shall not apply to rowboats, canoes and kayaks except as otherwise expressly provided. (d) The term "vessel" as used in this chapter shall not include a crew racing shell. "Crew racing shell" shall mean any shell, gig, barge or other boat designed primarily for practice or racing, propelled by oars or sweeps, in the sport of crew or scull racing conducted by a private or public educational institution, school, academy, college, university or association of any of the preceding, or by an amateur sports club or association or by the United States or International Olympics Committee and shall not include canoes, rowboats or lifeboats. The boat or launch accompanying a crew racing shell shall have sufficient safety devices to aid members of the crew should the need arise. 7. "Owner" shall mean the person actually holding title to a vessel, except a public vessel chartered unmanned for a period of more than thirty consecutive days, in which case "owner" shall include the person chartering the vessel. 8. "Person" shall mean an individual, partnership, corporation or association. 9. "Master" shall include every individual having for the time the charge, control or direction of a vessel. 10. "Pilot" shall mean an individual licensed to take charge of the course of a vessel through or upon specific waters. 11. "Engineer" shall mean an individual licensed to operate a vessel's main engines and auxiliaries. 12. "Joint pilot and engineer" shall mean an individual licensed to act as both pilot and engineer for a public vessel which in the judgment of the inspector can be safely navigated by one individual. 13. "Operator" shall mean an individual who operates or navigates a pleasure vessel. 14. "License" shall mean a certificate furnished by the inspector. 15. "Inspector" shall mean the individual, or individuals, provided for in article two, section twelve, of this chapter. 16. "Under way" shall mean that the vessel is not at anchor, or made fast to the shore, or aground. 17. "Visibility" as applied to lights shall mean discernibility on a dark night with a clear atmosphere. 18. "Starboard" shall mean the right hand side, facing the bow of the vessel. 19. "Port" shall mean the left hand side, facing the bow of the vessel. 20. "Wharf" shall mean and include any structure built or maintained for the purpose of providing a berthing place for vessels. 21. "Dock" shall mean a wharf, or portion of a wharf, extending along the shore line and generally connected with the uplands throughout its length. 22. "Pier" shall mean a wharf or portion of a wharf extending from the shore line with water on both sides. 23. "Jetty" shall mean a structure located within the shore lines of a body of water for the purpose of controlling currents usually to prevent filling in a channel. 24. "Breakwater" shall mean a structure located within the shore line of a body of water for the purpose of providing protection from wind and wave action. 25. "Undocumented vessel" shall mean any vessel which is not required to have, and does not have, a valid marine document issued by the federal bureau of customs. 26. "Open construction" shall mean that a vessel is so constructed as to be void of any decking or enclosure which inhibits the continuous and free circulation of air within the vessel when under way. 27. "Aids to Navigation" shall mean buoys, beacons or other fixed objects in the water which are used to mark obstructions to navigation or to direct navigation through safe channels. 28. "Floating Objects" shall mean any anchored marker or platform floating on the surface of the water other than aids to navigation and shall include but not be limited to, bathing beach markers, speed zone markers, information markers, swimming or diving floats, mooring buoys, fishing buoys, and ski jumps. 29. "Gray water" shall mean waste water generated by water using fixtures other than toilets; including but not limited to baths, sinks and laundry facilities used on residential vessels. 30. "Personal watercraft" shall mean 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. 30-a. "Personal flotation device" shall mean a wearable flotation device, classified and approved by the United States Coast Guard which is in such a condition that it is fit for its intended purpose, bears a legibly marked United States Coast Guard approval number and is of an appropriate size for the person who intends to use it. 31. "Specialty prop-craft" shall mean a vessel which is powered by an outboard motor or a propeller driven motor 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. 32. "Effective muffler" or "underwater exhaust system" shall mean a sound suppression device or system designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and which prevents excessive or unusual noise, as set forth in section forty-four of this chapter. 33. "Abandoned historic shipwreck" shall mean wrecks situated on or under lands owned by the state, in which the state holds title pursuant to the Abandoned Shipwrecks Act of 1987 (43 U.S.C. 2101) or which, by reason of their antiquity, history, architecture, archaeology or cultural value, have state or national importance and are eligible for inclusion on the state register of historic places, and which have been abandoned by the owner of record. The term shall include the wreck, its cargo and contents and the situs. 34. "Wreck" shall mean any wrecked property, other than an abandoned historic shipwreck. Top of Page
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