NYCkayaker Coast Guard and Kayakers

Fri Sep 21 18:14:25 EDT 2007

Haven't we had enough of this CG thread yet?????????????????
Suellen Nelson
HRWA

-----Original Message-----
From: bob1may at optonline.net
To: nyckayaker <nyckayaker at rockandwater.net>
Sent: Fri, 21 Sep 2007 4:35 pm
Subject: Re: NYCkayaker Coast Guard and Kayakers

I'm all for dialog and cooperation.

Here is question one for the dialog part:

"Here is 33 CFR 100.40, please show me the part that legally allows you to REQUIRE safety boats as a condition for holding and event such as the 5-boro ramble?"

§ 100.40   Patrol of the regatta or marine parade.

§ 100.40   Patrol of the regatta or marine parade.
 top

(a) The Commander of a Coast Guard District in which a regatta or marine parade is to be held may detail, if he or she deems the needs of safety require, one or more Coast Guard vessels to patrol the course of the regatta or marine parade for the purpose of enforcing not only the special local regulations but also for assistance work and the enforcement of laws generally.

(b) The Commander of a Coast Guard District may also utilize any private vessel or vessels to enforce the special local regulations governing a regatta or marine parade provided such vessel or vessels have been placed at the disposition of the Coast Guard pursuant to section 826 in Title 14, U.S. Code, for such purpose by any member of the Coast Guard Auxiliary, or any corporation, partnership, or association, or by any State or political subdivision thereof. Any private vessel so utilized shall have on board an officer or petty officer of the Coast Guard who shall be in charge of the vessel during the detail and responsible for the law enforcement activities or assistance work performed by the vessel during such detail. Any private vessel so utilized will display the Coast Guard ensign while engaged in this duty.

(c) The Commander of a Coast Guard District may also utilize any private vessel or vessels placed at the disposition of the Coast Guard pursuant to section 826 in Title 14, U.S. Code, by any member of the Coast Guard Auxiliary, or any corporation, partnership, or association, or by any State or political subdivision thereof, to patrol the course of the regatta or marine parade for the purpose of promoting safety by performing assistance work, effecting rescues, and directing the movement of vessels in the vicinity of the regatta or marine parade. Vessels utilized under the authority of this paragraph are not authorized to enforce the special local regulations or laws generally.
Question two:

"Should some unfortunate thing occur, despite having the safety boats, or to a safety boat of a member of the safety boat's crew, what is the liability of the safety boats master?  What protection from liability will the CG offer to the safety boat's master?"

Question three:

"If this event poses such a hazard, why did you not detail an active duty vessel, as you are are allowed to do, or offer to detail active duty officers for service on safety boats offered VOLUNTARILY by the organizers, as you are allowed to do, or offer to detail vessels of the CG Auxillary, as you are allowed to do?"

Or, since you're a lawyer Rich, perhaps you could tell us.

Bob
----- Original Message -----
From: Richard Clifford 
Date: Friday, September 21, 2007 10:38 am
Subject: NYCkayaker Coast Guard and Kayakers
To: nyckayaker 

> NYCKayaker:
> Once again, my 2 cents for the U.S. Coast Guard. Some of you 
> wonder 
> why the USCG operates under strict rules and regulations. Or, 
> some of 
> you may wonder why the USCG on occasion may be skeptical when 
> dealing 
> with even one human-powered vessel. Here is just another recent 
> example 
> of what they face. - Richard Clifford
> 
> *Man Tows Vessel With Inflatable Boat*
> Associated Press | September 20, 2007
> NEW YORK 
> - A 
> man who tried to tow his 35-foot fishing vessel to a marina by 
> paddling 
> in a 9-foot inflatable boat was fished out of a Long Island 
> canal by 
> Coast Guard officials Wednesday.
> 
> "This is one of the most unsafe things I may have ever seen a 
> boater 
> do," said U.S. Coast Guard spokesman Lt. Steven Koch.
> 
> Louis Pasquale, 35, of Seaford, N.Y., was attempting to tow his 
> fishing 
> vessel Barbara Ann from the North Channel near Bay Shore about 
> 20 miles 
> to Freeport. He was not injured, but not wearing a life jacket, 
> the 
> Coast Guard said.
> 
> Pasquale reportedly started towing the Barbara Ann at 5:30 a.m 
> from the 
> East Islip Marina, and had managed to move it about 100 yards in 
> three 
> hours when both the Coast Guard and Islip Harbor Police stopped him.
> 
> A rescue boat 
> 
> crew towed the vessel back to the East Islip Marina, and ordered 
> Pasquale to anchor, the Coast Guard said. *He was issued a state 
> summons 
> and a Town of Islip summons for unsafe operation and hazard to 
> navigation.* (emphasis added).
> 
> 
> Take a look at the scope of activities they undertake. 
> http://search.military.com/search/news.html?words=coast+guard
> 
> I suggest less chest-thumping and more dialogue and 
> cooperation as 
> shown by the example set out by Erik Baard so well.
> 
> 
> *Richard C. Clifford, Esq.
> Attorney at Law*
> 1890 Palmer Avenue, Suite 302
> Larchmont, NY 10538
> 
> Tel: (914) 834-0100 -or- 0757
> Cell: (917) 854-5824
> Fax: (914) 834-0888
> 
> RichardClifford at earthlink.net 
> RichardClifford at NYSBar.com
> 
> 
> 
> 
> bob1may at optonline.net wrote:
> 
> > 50 human-powered boats in the harbor present a hazard to 
> navigation, 
> > but 50 human-powered boats + 5 support boats do not?
> 
> 

**********************************************************************
he NYCKayaker mailing list is hosted by www.rockandwater.net, and is a public 
ervice offered to the kayaking community by the Hudson River Watertrail 
ssociation. Learn more about HRWA at www.hrwa.org
To unsubscribe or change delivery options:
ttp://www.rockandwater.net/mailman/listinfo/nyckayaker

________________________________________________________________________
Email and AIM finally together. You've gotta check out free AOL Mail! - http://mail.aol.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://www.rockandwater.net/pipermail/nyckayaker/attachments/20070921/a38c08ae/attachment-0001.html 