Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Except as otherwise provided, the provisions of this Part shall apply to all
persons entering upon or using State lands under the Department's jurisdiction
that are administered by the Division of Fish and Wildlife, including but not
limited to wildlife management areas, fish and wildlife management areas, and
the following unique areas and multiple use areas: Bog Brook Unique Area,
Seward's Island Unique Area, Junius Ponds Unique Area, Harwood Lake Multiple
Use Area, and Carlton Hill Multiple Use Area. Additional area-specific
regulations may also apply and will supersede the general regulations found in
this Part in case of conflict.
(b)
Definitions.
1. Bicycle shall mean a
non-motorized vehicle with two or more wheels, a steering handle, a seat, or
seats and is propelled solely by muscle power and/or gravity.
2. Camping shall mean using any form of
temporary shelter, including but not limited to a tent, motor home, travel
trailer, mobile home, or any vehicle used for overnight shelter or
sleeping.
3. Department means the
New York State Department of Environmental Conservation.
4. Motorized vehicle shall mean a device for
transporting persons, supplies or material incorporating a motor or an engine
of any type for propulsion, and with wheels, tracks, skids, skis, air cushion
or other contrivance for traveling on or adjacent to land, water or ice. It
shall include such vehicles as automobiles, trucks, jeeps, off-road vehicles,
all-terrain vehicles, utility vehicles, golf carts, motorcycles, electric
powered bicycles (e-bikes), snowmobiles, snowcats, bulldozers and other
earth-moving equipment.
5.
Motorized equipment shall mean machines not designed for transporting people,
supplies or material, or for earth moving but incorporating a motor, engine or
other nonliving power source to accomplish a task, such as, but not limited to,
chain saws, brush saws, rotary or other mowers, rock drills, cement mixers, and
generators.
6. Off-road shall mean
on a trail, road or terrain other than a public road or parking area.
7. Regional Manager shall mean the Regional
Wildlife Manager.
8. Written
Permission shall mean a written permit (including but not limited to a
Temporary Revocable Permit for Use of State Lands, abbreviated as TRP) issued
at the sole discretion of the Department and signed by the Regional Manager
authorizing temporary public use of applicable lands pursuant to the conditions
cited in the document. Permits will only be issued for activities in compliance
with all constitutional, statutory, and regulatory requirements.
9. 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.