[§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 (1994).