New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 751 - Hudson River Park Rules And Regulations › Section 751.6 - Boating

Current through Register Vol. 46, No. 28, July 10, 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.