Recreational Boating is allowed on the Cannonsville, Neversink, Pepacton and Schoharie Reservoirs in NYCDEP designated Recreational Boating Areas and in NYCDEP's discretion. The Recreational Boating Areas may be entered and used for Recreational Boating by persons with valid Access Permits and Recreational Boating Tags as provided in these Rules. Recreational Boating Areas and launch sites will be designated by NYCDEP on sign postings, on the NYCDEP website, on NYCDEP maps, and/or in other publications and notices available from NYCDEP and at local sporting outfitters.
(a) Season. Access to Recreational Boating Areas begins at sunrise on May 1st and ends at sunset on October 31st or as otherwise determined by NYCDEP, and is 7 days a week from sunrise to sunset, except as otherwise restricted on NYCDEP sign postings, on the NYCDEP website, on NYCDEP maps, and/or in other publications or notices.
(b) Recreational Boat Tags. All boats used in Recreational Boating Areas must be registered and steam cleaned by NYCDEP's designees, as listed on NYCDEP's website, and must have a valid Recreational Boat Tag affixed to the upper port side exterior bow.
(1) Eligibility. Boats eligible for Recreational Boat Tags include but are not limited to canoes, sculls, metal jonboats, rowboats and kayaks that measure no less than 9 feet in length. Inflatable boats, collapsible boats, swim and paddle boards, stand up kayaks, kayaks with pedal drive systems and or sails, sailboats and motorized boats are prohibited. NYCDEP may, at its discretion, add to or delete from the list of boats eligible for Recreational Boat Tags. Changes to the list will be designated by NYCDEP on sign postings, on the NYCDEP website, on NYCDEP maps, and/or in other publications and notices available from NYCDEP and at local sporting outfitters.
(2) Term. Seasonal Recreational Boat Tags will be valid for the full season as defined in subparagraph (a) of this section. NYCDEP, at its discretion, may issue a temporary tag valid for 1 to 7 days. Recreational Boat Tags only remain valid so long as the boat owner's Access Permit is valid. Recreational Boat Tag holders with an expired, suspended or revoked Access Permit may not use their Recreational Boat.
(3) Application. Recreational Boat Tag applications will be available at the same locations as Access Permit applications, including the NYCDEP website, and will also be available at vendors/designees as approved by NYCDEP for processing Recreational Boats for use in Recreational Boating Areas.
(4) Required Information. A Recreational Boat Tag application requires the following information:
(i) Applicant's valid Access Permit number;
(ii) Applicant's name, mailing address, phone number, electronic mail address, if available, and date of birth;
(iii) Boat make, model, color, width, length, material, and hull shape and if known, serial number;
(iv) Selection of Recreational Boat Tag term;
(v) Applicant's acknowledgement of risk and waiver of liability;
(vi) Applicant's acknowledgement and acceptance that NYCDEP or its designee has the right to confiscate and store a boat that NYCDEP determines is in violation of these regulations and to dispose of the boat in accordance with 15 RCNY § 16-10.3; waives any right to assert a claim against NYCDEP and/or its designee or hold either liable under any circumstances for damage to, or loss of, a boat or accessories such as, but not limited to, chains, locks and oars during its confiscation, storage or disposition.
(vii) Applicant's signature and date of signature; and
(viii) Parent or legal guardian's signature and date of signature if the applicant is aged 16 or 17.
(5) Boat Processing, Registration, Steam Cleaning and Recreational Boat Tag Issuance. Recreational Boat Tag applications may be completed in advance of submission, except for the portions which must be completed when the boat is registered, steam cleaned and placed on the Reservoir. Prior to entering Recreational Boating Areas, all Recreational Boats and equipment (i.e. anchors, anchor lines, paddles, etc.) must be steam cleaned by one of NYCDEP's designees at the appropriate office as listed on the NYCDEP website. Recreational Boat Tags cannot be transferred from one person to another.
(c) Recreational Boat Launch Sites. Recreational Boats may only be placed in or taken out of Recreational Boating Areas at Recreational Boat launch sites designated by NYCDEP.
(d) Recreational Boat Storage Areas and Recreational Boat Storage. NYCDEP's designee will assign an available Boat Storage Area as determined by NYCDEP for all Recreational Boats. No Recreational Boat may be stored in a shoreline buffer zone, which is within 10 feet of the shoreline. A Recreational Boat not stored within its assigned Boat Storage Area, or is in a Boat Storage Area closed by NYCDEP, or to which it was not assigned, will be subject to confiscation by NYCDEP.
Where manufactured hitching posts, racks and/or stanchions are supplied by NYCDEP and have available space, a Recreational Boat must be secured to one of them. NYCDEP may also designate certain locations within the Boat Storage Areas for Recreational Boat Storage, which will be delineated at the storage area by NYCDEP.
A Recreational Boat may not be stored on or against another stored boat. A Recreational Boat must not be stored leaning against a tree unless there is no space available on a hitching post or other securing mechanism as provided by NYCDEP. Storage against a tree must be in a manner that does not damage the tree or may result in the boat being blown over into a hull-down position. A Recreational Boat must not be secured to a dead tree or a tree marked with blue paint by NYCDEP.
A Recreational Boat must be stored, at the owner's risk, in the vicinity of the Recreational Boating Area's launch sites above the High Water Mark back from the shoreline so as not to obstruct access to the water, and in a hull up (upside down) position so as not to collect water.
To prevent the creation of insect breeding grounds in water-filled Recreational Boats, each Recreational Boat must, except as provided in this subdivision, be stored hull up (upside down) and flat against the ground at all times.
A Recreational Boat owner may store on site such boating equipment as may be secured under their overturned, stored Recreational Boat. Equipment or items left on City Property and not secured under a Recreational Boat is subject to NYCDEP confiscation and disposal. A Recreational Boat owner is encouraged to secure their stored Recreational Boat to reduce the possibility of theft and scattering.
Improper stored boats may be subject to removal by NYCDEP or Access Permits holders may be subject to the penalties in 15 RCNY § 16-15.
(e) Owner Removal of Recreational Boat. Recreational Boats with Recreational Boat Tags may be removed from Recreational Boat Areas by their owners at any time before the Recreational Boat Tag's expiration date. Recreational Boat owners with a Seasonal Recreational Boat Tag must notify the appropriate NYCDEP Boat Office before such removal. Upon removal of a Recreational Boat from a Recreational Boating Area, its Recreational Boat Tag is immediately rendered invalid. Recreational Boat owners wishing to return a once-registered, removed Recreational Boat to a Recreational Boating Area must secure a new Recreational Boat Tag.
(f) Safety. Every Recreational Boat used on City Property must have at least one U.S. Coast Guard approved wearable personal flotation device in good condition for each person on board. Each person on board who is under the age of 12 must wear a securely fastened U.S. Coast Guard approved wearable flotation device of an appropriate size. All boaters must comply with U.S. Coast Guard, New York State, and any other applicable laws and regulations regarding personal flotation device use.
(g) Capacity. Each Recreational Boat may only carry the occupants as recommended by the manufacturer unless the Recreational Boat has a U.S. Coast Guard approved "Maximum Capacities" plate or label affixed by the manufacturer that identifies a greater occupancy capacity.
(h) Condition and Maintenance. Recreational Boat owners are responsible for the sanitary condition and seaworthiness of their vessels and for all activities that occur thereon.
(i) Use. Fishing is a permissible, but not required, use of Recreational Boats.
(Added City Record 5/31/2019, eff. 6/30/2019)