Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATIONChapter I - FISH AND WILDLIFESubchapter G - Fish and Wildlife Management Areas and Facilities
Part 59 - State Boat-launching Sites, Fishing-access Sites and Fishing Rights Areas
Section 59.4 - Aquatic invasive species control at state boat launching and fishing access sites

N.Y. Comp. Codes R. & Regs. tit. 6 § 59.4

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Current through Register Vol. 46, No. 51, December 18, 2024
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 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.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 59.4

Amended, New York State Register, Volume XXXVI, Issue 22, effective 6/4/2014