§ 1452. Definitions
As used in this chapter:
(1) “Agency” means the Agency of Natural Resources.
(2) “Aquatic nuisance” means undesirable or excessive substances or populations that interfere
with the recreational potential or aquatic habitat of a body of water, including rooted
aquatic plants and animal and algal populations. Aquatic nuisances include zebra mussels
(Dreissena polymorpha), quagga mussels (Dreissena bugensis), Asian clam (Corbicula
fluminea), fishhook waterflea (Cercopagis pengoi), rusty crayfish (Orconectes rusticus),
spiny waterflea (Bythotrephes longimanus), or other species identified by the Secretary
by rule.
(3) “Aquatic plant” means a plant that naturally grows in water, saturated soils, or seasonally
saturated soils, including algae and submerged, floating-leafed, floating, or emergent
plants.
(4) “Biological controls” means multi-cellular organisms.
(5) [Repealed.]
(6) “Lessee” means a person who acquires the right to occupancy or use of property under
a lease or rental agreement.
(7) “New aquatic species” means an aquatic species that was not known to occur in a surface
water of Vermont or in a segment of Lake Champlain as of January 1, 2007.
(8) “Pesticide” means any substance produced, distributed, or used for preventing, destroying,
or repelling nuisance aquatic plants, insects, or other aquatic life, including lamprey.
Pesticide includes unicellular organisms or extracts from unicellular organisms and
does not include biological controls.
(9) “Secretary” means the Secretary of Natural Resources.
(10) “Water resources” means the waters and the values inherent or potential in waters
and their uses.
(11) “Waters” means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, and
springs and all bodies of surface waters, artificial or natural, that are contained
within, flow through, or border upon the State or any portion of it.
(12) “Baitbox” means a receptacle, not exceeding 25 cubic feet in volume, used for holding
or keeping baitfish alive for personal use.
(13) “Live well” means a well for keeping fish alive in a vessel by allowing water to circulate
through the well.
(14) “Ballast tank” means any tank or hold on a vessel used for carrying ballast water,
whether or not the tank or hold was designed for that purpose.
(15) “Bilge area” means the lowest point in the vessel where water can collect when the
vessel is in its static floating position.
(16) “Decontaminate” means a process used to kill, destroy, or remove aquatic nuisance
species and other organic material that may be present in or on a vessel, motor vehicle
transporting the vessel, trailer, or other equipment. Decontamination may include
washing a vessel, motor vehicle transporting the vessel, trailer, or other equipment
with water at a sufficiently high temperature to kill or remove aquatic nuisance species.
(17) “Lake association” means a lake protection organization registered with the Secretary
of Natural Resources on a form provided by the Secretary.
(18) “Marina” means a property, other than a public access or landing area regulated under
section 4145 of this title, on the shoreline of a water of the State that contains a dock, basin, or ramp that,
at no cost or for remuneration, provides to the public secure moorings or vessel access
to the water.
(19) “Motor vehicle” means any vehicle propelled or drawn by power other than muscular
power, including a snowmobile, motorcycle, all-terrain vehicle, farm tractor, or tracked
vehicle.
(20) “Personal watercraft” shall have the same meaning as set forth in 23 V.S.A. § 3302.
(21) “Transport” means to move motor vehicles, vessels, personal watercraft, seaplanes,
trailers, and other equipment over land, but does not include movement within the
immediate area required for loading and preparing vehicles, vessels, personal watercraft,
seaplanes, trailers, and other equipment prior to movement into or away from a body
of water.
(22) “Vessel” means every description of watercraft used or capable of being used as a
means of transportation on water, including personal watercraft. (Added 2009, No. 46, § 1, eff. July 1, 2010; 2017, No. 67, § 1, eff. June 8, 2017.)