Current through Register Vol. 46, No. 39, September 25, 2024
The approximately 400 acres of water area within Hudson River
park are designated by the Hudson River park Act as an estuarine sanctuary. To
protect and preserve this important resource and to promote the safe operation
of vessels within Hudson River park waters, in addition to the requirements set
forth in sections 751.1 through
751.7 of this Part, the following
requirements and restrictions also apply to activities and uses within the
park's water areas:
(a)
Permits.
(1) Unless within an
area designated by the trust, authorized pursuant to a permit, or in an
emergency, it is prohibited for any person to operate, land, anchor, moor,
dock, tie-up, store or launch a boat or vessel of any kind on any of the piers
or along the bulkhead or other areas of the park. The trust or its appointed
concessionaire or operator may identify areas for designated boating, landing,
docking, or mooring, which may require fees.
(2) A permit will not be issued for a vessel
which is unsafe or likely to cause injury to people or damage to property or
the environment based on U.S. Coast Guard standards as set forth in 33 CFR
chapter I, subchapter E and subchapter S, 46 CFR chapter I, subchapter A (part
2), subchapter H, subchapter K, and subchapter T, as applicable and as
determined by the trust or its duly authorized designee.
(3) Dockage or mooring permits may be issued
for vessels that the trust or its duly authorized designee determines based on
U.S. Coast Guard standards as set forth in paragraph (2) of this subdivision,
are capable of safely operating in open water. Before issuing the permit, the
trust or its duly authorized designee may inspect the vessel and/or require a
demonstration of the vessel's operational capability in open water. Applicant
must present evidence of hull and liability insurance, either current State
registration or documentation by the U.S. Coast Guard and successful completion
of the U.S. Coast Guard Auxiliary, State of New York, or equivalent boating
safety course or sufficient nautical experience as determined by the trust
based on U.S. Coast Guard Standards.
(4) A permit will authorize the use of a
mooring that meets the requirements of this section, the location of a mooring
at a particular position in the mooring field, and the mooring of a particular
vessel identified by size, type and registration number.
(5) The applicant for a permit must be the
owner or lessee of the vessel. A permit will not be issued unless the applicant
presents evidence that the vessel possesses a current registration from the
State Department of Motor Vehicles or the appropriate agency of another state
or is documented by the U.S. Coast Guard. If the applicant is not the
registered or documented owner of the vessel, the applicant must present
evidence that he or she is the lessee of the vessel. If a permittee intends to
replace a vessel, he or she must notify the trust or its duly authorized
designee in advance so the trust can determine whether the existing location
and mooring are acceptable for the replacement vessel. The replacement vessel
may not be moored until a new permit is granted. No permit will be issued for a
replacement vessel if such vessel is not registered with the Department of
Motor Vehicles or the appropriate agency of another state or documented by the
U.S. Coast Guard.
(6)
Notwithstanding the above provisions of this section, the trust or its duly
authorized designee may reserve a limited number of permits for moorings and
issue them to persons for use in connection with special events or other
activities that promote the enjoyment by the public of the water for
educational, recreational, or entertainment purposes.
(7) The trust or its duly authorized designee
may issue seasonal, monthly or short stay permits. The term of a seasonal
permit begins May 1st and ends October 31st, unless otherwise designated by the
trust or its duly authorized designee. Seasonal permits are not renewable.
Seasonal permit holders must apply for a new permit each year.
(8) The trust will annually accept and review
mooring permit applications.
(9)
The trust and/or its duly authorized designee may impose reasonable conditions
on the issuance of a permit to protect public safety and to safeguard the
interests of the public, including but not limited to a requirement that the
permittee or applicant have his or her mooring inspected or obtain appropriate
and updated insurance and submit satisfactory evidence of having complied with
such conditions.
(10) Nothing in
this Part creates a property right in any permit. All permits issued pursuant
to this Part merely grant a license and such permits are by their nature
terminable at will by the trust in accordance with the needs or requirements of
the trust or in the interests of the public as determined by the
trust.
(11) The trust or its duly
authorized designee may terminate any permit issued pursuant to this Part by
serving permittee with 15 days' written notice of such termination. The trust
or its duly authorized designee will send by certified mail notice of the
intention to terminate a permit and the reasons therefor. In the event that a
mailing address is unknown or mail is returned undelivered, such notice may, in
lieu of mailing, be posted in a conspicuous place on the vessel. A permittee
may file written objections with the trust within seven days from the date of
such mailing or posting, whichever is later. After considering any objections
raised by the permittee, the trust will make a final determination whether to
proceed with termination of the permit and will provide notice of such
determination to the permittee in the manner provided herein.
(12) Where a permit is terminated, the vessel
must be removed from the mooring field within 10 days after notice by the trust
or its duly authorized designee to remove the same is sent by certified mail to
the applicant or permittee. In the event that a mailing address is unknown or
mail is returned undelivered, such notice may, in lieu of such mailing or hand
delivery, be posted in a conspicuous place on the vessel. Where the vessel and
mooring are not removed within 10 days after the mailing or posting of such
notice, whichever is later, the trust or its duly authorized designee may
remove the vessel and mooring or cause the same to be removed from the mooring
field. The permittee and owner will be jointly and severally liable for the
costs of removal and storage of the vessel and mooring, as well as for any
associated costs, such as cleanup of contamination or debris originating from
the vessel or mooring and such costs must be paid prior to release of the same.
Any vessel or mooring removed from the mooring field that is not claimed within
10 days may be deemed to be abandoned and may be turned over to the Coast Guard
or NYPD or other appropriate governmental agency for disposal in accordance
with applicable law.
(13) Every
applicant and permittee must provide the trust or its duly authorized designee
with an address in writing at which he or she may receive notice required by
these rules or other applicable law. Any changes in address must be reported in
writing to the trust and its duly authorized designee within 10 days.
(b)
Reckless use of vessels
prohibited.
It is prohibited for any person to operate a vessel of any
kind in any waters under the jurisdiction of the trust in a reckless manner so
as to endanger the life, limb or reasonable comfort of his or her passengers or
other persons, property, or the environment.
(c)
Use of motorized vessels without a
muffler prohibited.
It is prohibited for any person to operate a vessel without
having the exhaust from the engine run through a muffler so constructed and
used as to muffle the noise of exhaust in a reasonable manner. Every vessel
shall comply with Section 44 of the New York State Navigation Law.
(d)
Use of vessels in
designated swimming areas prohibited.
Use of vessels in any authorized swimming or wading areas is
prohibited.
(e)
Use of
a vessel within the park for an illegal purpose prohibited.
It is prohibited for any person to permit or cause a vessel
or any portion thereof to be used or occupied for an illegal purpose.
(f)
Speed limit within the
park.
It is prohibited for any person to operate a vessel within
the park at a speed greater than five miles per hour or to cause an excessive
wake that may unreasonably threaten, frighten or annoy another or that may
cause personal injury or property damage. Any person operating a vessel in a
mooring field must comply with all Federal, State and local laws, rules and
regulations concerning the safe operation of vessels, including the Inland
Navigational Rules (33 CFR chapter I, subchapter E).
(g)
Liability of owner for disabled or
sunken vessels within the park.
If any boat or watercraft burns, submerges or become
disabled, such boat or watercraft must be removed immediately by its owner or
other person having custody thereof. If such boat or watercraft is not removed
within 24 hours, the trust or its designee may have it removed and charge the
owner or other person having custody thereof with any expense incurred in
relation thereto. If the trust determines that the disabled or sunken vessel is
discharging pollutants into the water or causing any other kind of emergency,
the trust may take immediate action to stop the cause of pollution and may
remove or cause the vessel to be removed, without prior notice to the permittee
or owner of the vessel, and recover all costs associated with removal and
storage or disposal of the vessel from the permittee and/or owner of the
vessel.
(h)
Unauthorized overnight occupancy of vessels prohibited.
Unless specifically authorized in writing by the trust,
overnight occupancy of vessels is prohibited.
(i)
Boarding and inspection.
All vessels docked, moored, anchored or otherwise tied-up or
secured within the park may be boarded and inspected by authorized officers and
employees of the trust or of other city, State and Federal agencies if
necessary to respond to an emergency or urgent health, safety or environmental
hazard. It is prohibited for a permittee or his or her guest to refuse to
allow, prevent, or interfere with such boarding or inspection.
(j)
Conduct.
(1) It is prohibited for any person to use a
marine toilet or sanitary device that discharges into the water, unless such
device is approved in accordance with U.S. Coast Guard and New York State
requirements, as set forth in 33 CFR subchapter O, part 159, New York State
Environmental Conservation Law, section 17-1301 and New York State Navigation
Law, section 33-C. All vessels with a waste holding tank must discharge waste
through a pump out facility.
(2)
Nonemergency boat repairs and maintenance are prohibited within the park unless
specifically authorized by the trust.
(3) Garbage must be deposited in designated
receptacles.
(4) It is prohibited
for any person to store or use any machinery or equipment for welding or
burning where such storage or use is prohibited by the fire code or other law
or rule.
(k)
Vessels subject to relocation.
Vessels may be required to be temporarily relocated in an
emergency or to accommodate construction work of the park. When a vessel must
be moved to accommodate construction work, where possible, the trust will give
the permittee or owner 48 hours written notice to move the vessel. If the
vessel or mooring is not removed within the required time, the trust may remove
the vessel and mooring, or cause the vessel or mooring to be removed and
recover all costs associated with moving and storage from the permittee or
owner. The trust is further released from any liability for damage caused by
the removal.
(l)
Docking and mooring of vessels.
(1) Docking of vessels.
(i) Docking of vessels, including historic
vessels, is limited to those locations designated by the trust. All vessels
must be adequately tied to the dock and must have sufficient fenders and dock
lines to secure the vessel in all wind and weather conditions. The trust may
require the replacement of dock lines which it finds to be inadequate based on
U.S. Coast Guard standards as set forth in 46 CFR chapter I, subchapter K and
subchapter T, as applicable, or, where necessary, may in its discretion replace
the dock lines and charge the cost to the permittee or owner of the
vessel.
(ii) It is prohibited for
any person to construct, reconstruct, alter, add to, extend or physically alter
in any manner any slip, dock or pilings without the prior written approval of
the trust.
(2) Mooring of
vessels.
(i) Mooring of vessels, including
historic vessels, is limited to those locations designated by the trust. The
location assigned to the permittee will be determined by the trust based on
vessel size, type, water depth and safety considerations. It is prohibited for
any person to moor a vessel in such a manner as to interfere with the use of a
duly authorized mooring location or regular traffic channel. Mooring locations
may not be changed or exchanged without the prior written approval of the
trust.
(ii) All vessels must be
adequately tied to their moorings and must have sufficient lines to secure the
vessel in all wind and weather conditions. The trust may affix additional lines
as necessary to assure the safety of people or property.
(iii) Moorings must be inspected for
deterioration periodically and repaired or replaced as necessary. The trust may
require, as a condition of renewing a permit, evidence that an inspection has
been made, including a description by the person who made the inspection of the
condition of the mooring and the qualifications of such person to make such
inspection.
(m)
Condition of vessels.
(1) All
vessels in the park and all equipment thereon must be maintained in good order
and free of any hazard to persons, vessels, park structures and the
environment. In addition, unless otherwise permitted by the trust, all vessels
must be seaworthy and must comply with all Federal, State and local laws, rules
and regulations concerning the condition of vessels and equipment.
(2) It is prohibited for any person to make
structural modifications to the superstructure of a vessel docked, moored,
anchored, tied-up or otherwise secured within the park and/or permitted to use
the facility without the express written consent of the trust. No modifications
will be permitted which will in any way limit the movement of the vessel,
change the center of gravity to the extent that the vessel is unseaworthy,
restrict the navigation by removal of the helm station, inhibit the line of
sight forward from the helm, increase the height of the vessel or extend the
vessel over water beyond the existing hull or increase the load beyond the
manufacturer's hull design capacity.
(n)
Required safety equipment.
All vessels docked, moored, anchored, tied-up or otherwise
secure within the park must have on board at all times all equipment required
by the U.S. Coast Guard, as set forth in 33 CFR chapter I, subchapter S and 46
CFR chapter I, subchapter H, as applicable.
(o)
Dinghies, kayaks and canoes.
A permittee holding a dockage or mooring permit may store one
dinghy, kayak or canoe alongside the permitted vessel or in another location
approved by the trust without obtaining a separate permit for such dinghy,
kayak or canoe. In all other cases a separate permit must be obtained for each
vessel.
(p)
Boat
launch sites.
It is prohibited for any person to use any boat-launching
site or any adjacent waters within 100 feet from the shore of a launch area,
including offshore and inshore approaches, for any purpose other than launching
boats or removing boats from the water, unless a written permit is obtained
from the trust or its duly authorized designee.
(q)
Restricted areas for nonmotorized
vessels.
It is prohibited for any person to use or otherwise operate a
kayak, canoe or other nonmotorized vessel within ferry terminal, commercial
use, municipal use or posted sanctuary water areas within Hudson River
park.
