The New York State Department of Parks, by regulation, prohibits launching a boat from park property, which is the only feasible access from the US side to the rapids above the whirlpool. The old regulation provided for the issuance of permits and it was that regulation that boaters exploited to gain access in 1987. Subsequently, the regulation was modified to adopt an absolute boating prohibition above the whirlpool. American Whitewater was unsuccessful in our challenge to that regulation. There have been some efforts to secure legislation or a revised regulation that would permit limited access, but, to date, they have been unsuccessful.
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