[§200-6]  Limitation of private use of oceanwaters and navigable streams.  (a)  No person shall erect or place anystructure or similar object, or sink any type of watercraft or other sizeableobject, or abandon any type of watercraft or other sizeable object, either sunkor unsunk, on or within the ocean waters or navigable streams of the Statewithout a written permit from the department.  The department may require anyperson violating this section to remove any structure, similar object,watercraft, or other sizeable object on or within the ocean waters or navigablestreams of the State.  If any person fails to remove the same within a timelimit set by the department, the department may effect the removal and chargethe person with the cost thereof.  The department may enforce compliance withthis section by the use of any appropriate remedy including, but not limitedto, injunction or other equitable or legal process in the courts of the State.

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

(1)  Vessels owned by the United States;

(2)  Vessels engaged in interstate or foreigncommerce; or

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

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

"Contrivance" means any human-madeobject or artificial arrangement not used or intended to be used fortransportation which may be floated upon or suspended within the water.

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

"Vessel" means every description ofwatercraft 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 thedepartment for the offshore mooring permit issued by the department.  The feesshall be based on, but not limited to, the use of the vessel, its effect on thewaters and aquatic resources of the State, and the administrative expensesincurred by the department and other state agencies in administering offshoremooring.  All revenues collected under this section shall be deposited in theboating special fund. [L 1991, c 272, pt of §2]

 

Case Notes

 

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