Code of Massachusetts Regulations
302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION
Title 302 CMR 18.00 - Aquatic Nuisance Control Program
Section 18.02 - Definitions
The following words and phrases, when used in 302 CMR 18.00, shall have the meanings respectively ascribed to them in 302 CMR 18.02 except in those instances where the context clearly indicates a different meaning or is otherwise stated.
Whenever any words and phrases used in 302 CMR 18.00 are not defined in 302 CMR 18.02, such word or phrase shall be construed according to its generally accepted meaning as noted in a dictionary of general usage.
Aquatic Nuisance(s) means undesirable or excessive substances or populations that interfere with the recreational or ecological potential of a body of water or interfere with the natural resources thereof. Aquatic Nuisance includes, but is not limited to, rooted aquatic vegetation and algae populations, dreissena mussels, spiny water fleas, and any other invasive species that the Commissioner declares to be an Aquatic Nuisance.
Aquatic Nuisance Species (ANS) means non-native species or non-native Aquatic Nuisances that interfere with or threaten the diversity or abundance of native species, the ecological stability of infested waters, and/or any commercial, agricultural, aquacultural, or recreational activities dependent on such waters. ANS include non-native Aquatic Nuisances and non-native species that may occur within Inland Waters and that presently or potentially threaten ecological processes or natural resources.
Authorized Personnel means DCR personnel so designated, the director of the Office of Law Enforcement (OLE), deputy directors of OLE, deputy chiefs of OLE, Massachusetts Environmental Police Officers (EPOs), deputy EPOs, Massachusetts State Police, local police officers assigned to harbor patrol, fish and game wardens, city and town police officers assigned to patrol the waters of the Commonwealth, or an officially-appointed harbor master within the municipality's jurisdiction.
Boat Transporter means any vehicle combination including a Low-boy Boat Transporter, a Stinger-steered Boat Transporter or a Truck-trailer Boat Transporter, designed and used specifically for the transport of assembled boats and boat hulls; provided, however, that such boats may be partially disassembled to facilitate transportation.
Clean Boat Certification Program means a program that is established and administered by the Department, sometimes in coordination with OFBA, at certain public access facilities.
Commissioner means the Commissioner of the Department of Conservation and Recreation.
DCR or Department means the Department of Conservation and Recreation.
Inland Water(s) means all waters within the jurisdiction of the Commonwealth other than coastal waters.
Inspection means an activity undertaken by authorized DCR personnel to check any Vessel, vehicle, Boat Transporter, Personal Watercraft, or other equipment that touches the water for the presence of an Aquatic Nuisance Species. Inspection occurs upon entering or leaving inland waters or while in transport on land.
Low-boy Boat Transporter means a semi-trailer unit, the trailer of which is designed and used specifically for the transport of assembled boats and hulls; provided, however, that the top surface of the deck platform of such semi-trailer shall not be more than 36 inches above the surface on which the wheels of the vehicle rest.
Office of Fishing and Boating Access or OFBA means the office within the Department of Fish and Game.
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 persons sitting, standing or kneeling on the Vessel.
Post or Posting means to display in a
place of public view in electronic or printed form, including on the DCR
website (
Stinger-steered Boat Transporter means a Boat Transporter configured as a semitrailer combination on which the fifth wheel is located on a drop frame located behind and below the rear-most axle of the power unit.
Truck-trailer Boat Transporter means any automobile Boat Transporter combination that typically uses a ball and socket connection, including a Boat Transporter combination consisting of a truck towing a trailer typically using a ball and socket connection with the trailer axle thereon located substantially at the trailer center of gravity, rather than at the rear of the trailer, so as to maintain a downward force on the trailer tongue.
Vessel means as defined in M.G.L. c. 90B, § 1.
Watercraft means any boat, ship, Vessel, or craft that operates on water, whether moved by oars, paddles, sails or power mechanisms, inboard or outboard, or any other Vessel floating, whether capable of self-locomotion or not, and may include, but is not limited to, house boats, barges, and similar floating objects.
