[§200-6]  Limitation of private use of ocean
waters and navigable streams.  (a)  No person shall erect or place any
structure or similar object, or sink any type of watercraft or other sizeable
object, or abandon any type of watercraft or other sizeable object, either sunk
or unsunk, on or within the ocean waters or navigable streams of the State
without a written permit from the department.  The department may require any
person violating this section to remove any structure, similar object,
watercraft, or other sizeable object on or within the ocean waters or navigable
streams of the State.  If any person fails to remove the same within a time
limit set by the department, the department may effect the removal and charge
the person with the cost thereof.  The department may enforce compliance with
this section by the use of any appropriate remedy including, but not limited
to, injunction or other equitable or legal process in the courts of the State.



(b)  No person shall anchor, moor, or otherwise
place any vessel, houseboat, or other contrivance on or within the ocean waters
or navigable streams of the State without a permit from the department.  This
section shall not apply to:



(1)  Vessels owned by the United States;



(2)  Vessels engaged in interstate or foreign
commerce; or



(3)  Pleasure craft or fishing vessels temporarily
anchored for a period of less than seventy-two hours.



The department may require any person violating this
section to remove any vessel, houseboat, or other contrivance from the ocean
waters or navigable streams of the State.  If any person fails to remove the
same within the time limit set by the department, the department may effect the
removal and charge the person with the cost thereof.  The department may
enforce compliance with this section by the use of any appropriate remedy,
including, but not limited to, injunction or other equitable or legal process
in the courts of the State.  As used in this section:



"Contrivance" means any human-made
object or artificial arrangement not used or intended to be used for
transportation which may be floated upon or suspended within the water.



"Houseboat" means any vessel which is
fitted for use as a permanent or temporary place of habitation, and is either
stationary or capable of being moved by oars, sweeps, or towing.



"Vessel" means every description of
watercraft used or capable of being used as a means of transportation on water,
including, but not limited to, power boats, ships, tugs, sailing vessels,
barges, scows, lighters, ferry boats, pleasure craft, floating equipment,
floating gear, dry docks, and any and all other watercraft.



(c)  The permittee shall pay fees to the
department for the offshore mooring permit issued by the department.  The fees
shall be based on, but not limited to, the use of the vessel, its effect on the
waters and aquatic resources of the State, and the administrative expenses
incurred by the department and other state agencies in administering offshore
mooring.  All revenues collected under this section shall be deposited in the
boating special fund. [L 1991, c 272, pt of §2]



 



Case Notes



 



  No commerce clause violation by state anchoring and mooring
regulations where State's interest in having regulations for public safety is
substantial and there is little burden on interstate commerce.  42 F.3d 1185.