§ 2. Definitions. The following terms when used in this chapter unless\notherwise expressly stated, or unless the context of the language or\nsubject matter indicates a different meaning or application was\nintended, shall be deemed to mean and include: 1. "Office" shall mean\nthe state office of parks, recreation and historic preservation.\n 2. "Commissioner" shall mean the commissioner of parks, recreation and\nhistoric preservation, unless otherwise indicated, except that for\npurposes of the administration of articles three and eleven of this\nchapter within the sixth park region, the boundaries of which are\ndescribed in subdivision six of section 7.01 of the parks, recreation\nand historic preservation law, "commissioner" shall mean the\ncommissioner of environmental conservation.\n 4. "Navigable waters of the state" shall mean all lakes, rivers,\nstreams and waters within the boundaries of the state and not privately\nowned, which are navigable in fact or upon which vessels are operated,\nexcept all tidewaters bordering on and lying within the boundaries of\nNassau and Suffolk counties.\n 5. "Navigable in fact" shall mean navigable in its natural or\nunimproved condition, affording a channel for useful commerce of a\nsubstantial and permanent character conducted in the customary mode of\ntrade and travel on water. A theoretical or potential navigability, or\none that is temporary, precarious and unprofitable is not sufficient,\nbut to be navigable in fact a lake or stream must have practical\nusefulness to the public as a highway for transportation.\n 6. "Vessel" shall mean any floating craft and all vessels shall belong\nto one of the following classes:\n (a) "Public Vessel" shall mean and include every vessel which is\npropelled in whole or in part by mechanical power and is used or\noperated for commercial purposes on the navigable waters of the state;\nthat is either carrying passengers, carrying freight, towing, or for any\nother use; for which a compensation is received, either directly or\nwhere provided as an accommodation, advantage, facility or privilege at\nany place of public accommodation, resort or amusement.\n (b) "Residential vessel" shall mean and include every vessel which is\nused primarily as a residence.\n (c) "Pleasure vessel" shall mean and include every vessel not within\nthe classification of public vessel or residential vessel. However, the\nprovisions of this chapter shall not apply to rowboats, canoes and\nkayaks except as otherwise expressly provided.\n (d) The term "vessel" as used in this chapter shall not include a crew\nracing shell. "Crew racing shell" shall mean any shell, gig, barge or\nother boat designed primarily for practice or racing, propelled by oars\nor sweeps, in the sport of crew or scull racing conducted by a private\nor public educational institution, school, academy, college, university\nor association of any of the preceding, or by an amateur sports club or\nassociation or by the United States or International Olympics Committee\nand shall not include canoes, rowboats or lifeboats.\n The boat or launch accompanying a crew racing shell shall have\nsufficient safety devices to aid members of the crew should the need\narise.\n 7. "Owner" shall mean the person actually holding title to a vessel,\nexcept a public vessel chartered unmanned for a period of more than\nthirty consecutive days, in which case "owner" shall include the person\nchartering the vessel.\n 8. "Person" shall mean an individual, partnership, corporation or\nassociation.\n 9. "Master" shall include every individual having for the time the\ncharge, control or direction of a vessel.\n 10. "Pilot" shall mean an individual licensed to take charge of the\ncourse of a vessel through or upon specific waters.\n 11. "Engineer" shall mean an individual licensed to operate a vessel's\nmain engines and auxiliaries.\n 12. "Joint pilot and engineer" shall mean an individual licensed to\nact as both pilot a
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