Current through Register Vol. 46, No. 12, March 20, 2024
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 50 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.
