Department of Natural Resources - Rules of Navigation - Definitions for rules 1501:47-2-01 to 1501:47-2-36 of the Administrative Code.

Published: 2014-08-08

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For the purpose of rules 1501:47-2-01 to 1501:47-2-36 of the Administrative Code, except where the context otherwise requires, the definitions are as follows:

(A) "Vessel" includes every description of watercraft, including nondisplacement craft and seaplanes, including wing-in-ground craft, used or capable of being used as a means of transportation on the water.

(B) "Power-driven vessel" means any vessel propelled by machinery, fuel, rockets, or similar device.

(C) "Sailing vessel" means any vessel under sail provided that all propelling machinery, if fitted, is not being used.

(D) "Vessel engaged in fishing" means any vessel fishing with nets, lines, trawls, or other fishing apparatus which restricts maneuverability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict maneuverability or fishing vessels engaged in recreational fishing.

(E) "Seaplanes" includes any aircraft designed to maneuver on the water.

(F) "Wing-in-Ground craft" (WIG) means a multimodal craft which, in its main operational mode, flies in close proximity to the surface by utilizing surface-effect action.

(G) "Vessel not under command" means a vessel which through some exceptional circumstance is unable to maneuver as required by these rules and is therefore unable to keep out of the way of another vessel.

(H) "Vessel restricted in its ability to maneuver" means a vessel which from the nature of its work is restricted in its ability to maneuver as required by these rules and is therefore unable to keep out of the way of another vessel; vessels restricted in their ability to maneuver include, but are not limited to;

(1) A vessel engaged in laying, servicing, or picking up a navigation mark, submarine cable, or pipeline.

(2) A vessel engaged in dredging, surveying, or underwater operations.

(3) A vessel engaged in replenishment or transferring of persons, provisions, or cargo while underway.

(4) A vessel engaged in the launching or recovery of aircraft.

(5) A vessel engaged in minesweeping operations.

(6) A vessel engaged in a towing operation such as severely restricts the towing vessel and its tow in their ability to deviate from their course.

(I) "Underway" means that a vessel is not at anchor, or made fast to the shore or aground.

(J) "Length" and "breadth" of a vessel means its length overall and greatest breadth.

(K) "In sight of one another," vessels shall be deemed to be in sight of one another only when one can be observed visually from the other.

(L) "Restricted visibility" means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms, or any other similar causes.

(M) "Secretary" means the secretary of the department in which the United States coast guard is operating.

(N) "Waters" and "waters in this state" means all streams, rivers, lakes, ponds, marshes, water courses, waterways, and all other bodies of water, natural or man-made, which are situated wholly or partially within this state or within its jurisdiction which are navigable or used for recreational boating.

(O) "Person" includes any individual, firm, partnership, corporation, company, association, or body politic, except, the United States and this state and includes any agent, trustee, executor, receiver, assignee, or other representative thereof.

(P) "Owner" includes any person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitled him to such possession.

(Q) "Operator" includes any person who navigates or has under his control a vessel on the waters in this state.

(R) "Navigable waters" means waters which come under the jurisdiction of the department of the army of the United States and any waterways within or adjacent to this state, except inland lakes having neither a navigable inlet or outlet.

(S) "Inland navigational rules act" hereinafter referred to as "I.N.R.A." means the "Inland Navigational Rules Act of 1980," and any annexes thereto, 94 Stat. 3415, 33 U.S.C.A. 151, 1604, 1605, 1608, 2001 to 2008, and 2071 to 2073 and any amendments thereto.

No person shall operate or permit to be operated, any vessel on the waters in this state, in violation of this rule.