NYCkayaker 5 Boro: Now we need four motor boats

Tue Sep 4 20:41:42 EDT 2007

A voice of reason!!

Lyn

On 9/4/07, jeff folmsbee <folmsbee at gmail.com> wrote:
>
> Folks,
>
> Carter may already be all over this, but if you think it would help, I
> could try to hook you up with USCG LCDR Mike McBrady, who's in charge
> of all things CG on this part of the river, to see if you can cut
> through some of these challenges.
> best,
>
> Jeff Folmsbee
> Hudson River Paddlers Guild
>
> On 9/4/07, jeff folmsbee <placeboentertainment2001 at yahoo.com> wrote:
> >
> > --- bob1may at optonline.net wrote:
> >
> > > Date: Tue, 04 Sep 2007 23:59:34 +0000 (GMT)
> > > From: bob1may at optonline.net
> > > To: nyckayaker <nyckayaker at rockandwater.net>
> > > Subject: Re: NYCkayaker 5 Boro: Now we need four
> > > motor boats
> > >
> > > The regulations are in 33 CFR 100, subchapter
> > >
> >
> Ghttp://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=88a6a1aec9a7b54e3b20037a7e3aa1eb&c=ecfr&tpl=/ecfrbrowse/Title33/33cfrv1_02.tplThe
> > > prevailing theme is "safety of life". The local
> > > commander is supposed to ask himself if the event
> > > presents "extra or unusual hazards to the safety of
> > > life".The local commander is entitled to make
> > > "special local regulations" for the event. The term
> > > safety boat is not used in the law.The local
> > > commander is entitled to detail active duty CG boats
> > > to patrol the event if he deems it necessary for
> > > safety. Apparently this event does not pose
> > > sufficient hazard to the safety of life to warrant
> > > that.The local commander is entitled to detail
> > > active duty CG officers or petty officers to enforce
> > > the special local regulations, such officers to be
> > > on board private vessels provided by the organizers
> > > for the purpose. Since he apparently hasn't made
> > > any plans for officers to ride on the "safety
> > > boats", or even apparently made any special local
> > > regulations, this event does not seem to pose
> > > sufficient hazard to warrant this action.The local
> > > commander may also utillize private vessels placed
> > > at the disposition of the CG by members of the CG
> > > Auxiliary to patrol the course to promote safety,
> > > effect rescues and direct traffic. Again, this
> > > legally available action was not taken. In this
> > > case, the vessels have no authority to enforce
> > > special local regulations.So where do the captains
> > > of the "safety boats" stand? They have no
> > > enforcement authority. What liability do they
> > > have? They are there at the direction of the CG to
> > > provide "safety". If - God forbid - something
> > > tragic were to happen, do you think the CG will
> > > stand up to defend them?The more I read the law, the
> > > more I believe that imposing a requirement for
> > > "safety boats" upon an organizer is an illegal
> > > request.Bob----- Original Message -----From: sandy
> > > sobanski Date: Tuesday, September 4, 2007 5:16
> > > pmSubject: Re: NYCkayaker 5 Boro: Now we need four
> > > motor boatsTo: Erik Baard , nyckayaker > So....Is
> > > there some real rules out there? Or-do they just
> > > make > the number of motorboats to escort stuff up
> > > as they go along?  > What is the story?  Is there
> > > some basis to it?> > Erik Baard  wrote: Hi All,>  >
> > > Carter Craft of the Metropolitan Waterfront Alliance
> > > has kindly > taken up the dialogue. I did question
> > > the officer who > communicated this order about the
> > > thought process underlying it. > His answers were
> > > unsatisfactory. I also noted that the potential >
> > > pool of volunteer motorboaters was smaller than
> > > usual due to a > concurrent Manhattan Island
> > > Foundation swim event. Motors boats > should be a
> > > higher priority for the swim event. Unfortunately he
> > > > became angry and a bit foul, unlike his
> > > predecessor, who was a > reasonable gentleman and a
> > > partner to kayaking efforts.>  > We'll work it
> > > through though. And maybe he was having a bad >
> > > morning? One compromise might be to have one boat on
> > > the Harlem > River and three for the crossing of the
> > > Upper Bay. >  > The CG must know that its safety
> > > mission will be compromised if > by imposing
> > > unreasonable demands it drives the kayak community's
> > > > group outings underground, or under water, as it
> > > were.   :)>  > Salty regards,>  > Erik> > Erik
> > > Baard> > http://www.licboathouse.org>
> > > http://www.naturecalendar.com> > > > > --------
> > > Original Message --------> Subject: Re: NYCkayaker 5
> > > Boro: Now we need four motor boats> From:
> > > bob1may at optonline.net> Date: Tue, September 04, 2007
> > > 3:42 pm> To: nyckayaker > > I think a dialog with
> > > the CG needs to be established on this.> > >From my
> > > quick reading of the CFR, I don't see "safety boats"
> > > > mentioned.  To me this seems like an arbitrary
> > > requirement that > is outside the CG's power to
> > > actually require.> > The CG may establish "special
> > > local regulations" required to > "insure the safety
> > > of life" during the event.  It is not clear > how
> > > any number of private boats, with no regulatory or >
> > > enforcement power is to do this.> > The  CG may
> > > assign active CG vessels to patrol the event, or CG
> > > > auxiliary vessels, or private vessels provided by
> > > the event > organizer - in which case a CG officer
> > > must be assigne!  d to > each vessel.> > So, at the
> > > very least I think you need to respond "Ok, we'll >
> > > supply safety vessels.  Where do we pick-up the
> > > officers that > you are required to provide per 33
> > > CFR 100.40(b)?"> > Bob> > ----- Original Message
> > > -----> From: Erik Baard > Date: Tuesday, September
> > > 4, 2007 1:41 pm> Subject: NYCkayaker 5 Boro: Now we
> > > need four motor boats> To: nyckayaker > > > > > >
> > > Ahoy'all,>  > Now the CG wants four safety boats.
> > > Consider this an SOS. This > sudden jump to a
> > > requirement of four boats, with a possibility > of a
> > > second, is a huge logistical challenge (and yes, I
> > > agree > with many of you who will say it's overkill)
> > > will stretch us. > Let's meet the challenge!>  >
> > > Erik > > Erik Baard> > http://www.licboathouse.org>
> > > http://www.naturecalendar.com> >
> > > ---------------------------------> >
> > >
> >
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> public service offered to the kayaking community by the Hudson River
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