NYCkayaker Coast Guard and Kayakers

Sat Sep 22 21:44:11 EDT 2007

The Fourth of July fireworks  powerboat harbor-lock  is a prime  example of
powerboat mayhem on the water. something kayakers would have a very hard
time replicating.

Back to paddle sports , dumbing down paddle events in  harbor waters is
probably not a good idea.  Circling Manhattan was considered a relatively
hard task and the physical ability to complete this trip with few possible
bailouts was never minimized.  

The crossing to Staten Island has always been considered a rather difficult
task.  The paddlers are put in a high stress situation when the seas get
big, if they don’t have the experience  the stress may be to much on their
bodies. 

. The more safety boats, the larger likelihood of attracting lesser
experienced  paddlers. The triathletes and open water swimmers tend to be
better swimmers than many of the participants in the fund raising swims,
they know they  will not have a kayak anywhere nearby  to bail out on.  

-----Original Message-----
From: nyckayaker-bounces at rockandwater.net
[mailto:nyckayaker-bounces at rockandwater.net] On Behalf Of
bob1may at optonline.net
Sent: Friday, September 21, 2007 4:35 PM
To: nyckayaker
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.

<http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=f3fd8993190014ec44
b8e0281630e118&rgn=div5&view=text&node=33:1.0.1.7.47&idno=33#PartTop> 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?
> 
> 

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