N.Y. Comp. Codes R. & Regs. tit. 6 § 800.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 800.2 - Definitions and conditions

The several terms, words or phrases hereinafter mentioned shall be construed as follows:

(a)Class as appearing in tables I through VI, inclusive, as the letters A, B or C opposite each specifically designated waters, means class A, B or C, as the case may be, as set forth in Part 701, supra.

(b)Standards as appearing in tables I through VI, inclusive, as the letters A, B or C opposite each specifically designated waters, shall mean the standards of quality and purity established for class A, B or C, as the case may be, as set forth in Part 701, supra. The symbol (T) after any class designation shall mean that the designated waters are trout waters and that the dissolved oxygen specification for trout waters shall apply thereto. The symbol (TS) after any class designation shall mean that the designated waters are suitable for trout spawning and that the dissolved oxygen specification for trout spawning waters shall apply thereto.

(c)Waters index number as appearing in tables I to VI, inclusive, shall mean that number which has been applied to any specifically designated waters appearing on the maps set forth in section 800.11, infra.

(d)Name as appearing in tables I to VI, inclusive, shall mean the name, if any, by which the specifically designated waters are generally known and which name, if any, appears on the reference maps. In cases of specifically designated waters which have no name, the named tributary to which the unnamed waters are tributary is indicated so far as possible. In the tables in the column headed "Name", the unnamed water to which an unnamed tributary is directly tributary is referenced so far as possible to a specific item number. In the tables, an item number is assigned conclusively to each specifically designated waters.

(e)Description as appearing in tables I to VI, inclusive, shall mean a brief indication as to location of the specifically designated waters so that by reference to reference maps such waters may be located without reference to their waters index numbers. Entries under the column headed "Description" also include designations of sections of a stream to which a particular assignment of a class and standards shall apply.

(f)Map Ref. No.

The numbers appearing in the tables under this heading designate the following maps which have been partially reproduced as maps 2 to 9, inclusive, with superimposed tracing in black of streams and other waters and waters index numbers, in section 800.11, infra:

Map Ref. No.	Name of quadrangle	Published by	Edition
2	Clymer, N.Y.	Army Map Service, U.S. Army	1941
3	Chautauqua, N.Y.	U.S. Geological Survey	1904 (reprinted in 1947)
4	Jamestown, N.Y.	Corps of Engineers, U.S. Army	Advance sheet-not dated
5	Randolph, N.Y.	Army Map Service, U.S. Army	1943
6	Westfield, N.Y.	U.S. Geological Survey	1899 (reprinted in 1945)
7	Dunkirk, N.Y.	Army Map Service, U.S. Army	1943
8	Cherry Creek, N.Y.	Corps of Engineers, U.S. Army	Advance sheet-not dated
9	Cattaraugus, N.Y.	Corps of Engineers, U.S. Army	Advance sheet-not dated

(g)Tributary or tributaries.

Tributary shall mean any stream, lake, pond or other body of surface water which flows into any other stream, lake, pond or other body of surface water. In the tables under the column headed "Waters Index Number" where no tributaries are mentioned, the specifically designated waters shall include only the stream, pond or other body of water designated by such waters index number; where tributaries are mentioned after the waters index number, the specifically designated waters shall include the stream, pond or other body of water designated by such waters index number and all tributaries and subtributaries thereof which are shown on the reference maps, unless exceptions are expressly stated.

(h) All streams or other bodies of water which appear as lines, to indicate natural waters, on the reference maps herein, and which are not specifically designated in table I, shall be assigned the same classes and standards of quality and purity as the specifically designated waters to which they are directly tributary.

(i) All streams or other bodies of water which are not shown on the reference maps herein shall be assigned to class D, as set forth in Part 701, supra except that any continuous flowing natural stream which is not shown on the reference maps shall have the same classification and assigned standards as the waters to which it is directly tributary.

(j) The Conewango Creek, French Creeks and Brokenstraw Creeks drainage basins shall be deemed to include the following areas: all land and water areas the natural surface water drainage from which is directly or indirectly tributary to any and all streams within the Allegheny River drainage basin flowing from New York State into the State of Pennsylvania, west of the Chautauqua-Cattaraugus county line and north of the south line of Chautauqua County. Such streams consist principally of Conewango Creek, the French Creeks and the Brokenstraw Creeks, but also include other unnamed streams.

(k) The term trout as used in this Part means any fish in the following genera: Coregonus, Oncorhyncus, Prosopium, Salmo, Salvelinus and Thymallus.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 800.2