ENV-20-11-00003-A Mechanically Propelled Vessel Use Restrictions on Thirteenth Lake
10/19/11 N.Y. St. Reg. ENV-20-11-00003-A
NEW YORK STATE REGISTER
VOLUME XXXIII, ISSUE 42
October 19, 2011
RULE MAKING ACTIVITIES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF ADOPTION
I.D No. ENV-20-11-00003-A
Filing No. 933
Filing Date. Oct. 04, 2011
Effective Date. Jan. 01, 2012
Mechanically Propelled Vessel Use Restrictions on Thirteenth Lake
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 196.5 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 1-0101(3)(b), (d), 3-0301(1)(b), (d), (2)(m) and 9-0105(1); Executive Law, section 816(3); and New York State Constitution, art. XIV, section 1
Subject:
Mechanically propelled vessel use restrictions on Thirteenth Lake.
Purpose:
To prohibit the use of mechanically propelled vessels, other than electric powered vessels on Thirteenth Lake.
Text or summary was published
in the May 18, 2011 issue of the Register, I.D. No. ENV-20-11-00003-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Peter Frank, Bureau Chief, Forest Preserve Management, NYS DEC, 625 Broadway, Albany, New York 12233, (518) 473-9518, email: pjfranf@gw.dec.state.ny.us
Additional matter required by statute:
This regulatory action is included in the Siamese Ponds Wilderness UMP/EIS completed in May 2005 which is in compliance with Article 8 of the Environmental Conservation Law.
Assessment of Public Comment
Comment: Several comments were received about a regulation not being needed because the area is gated, limiting it to only small boats and motors that can be carried in.
Response: Limiting access to the largest boat and motor that people can carry is not good management. People could use carts or other means to haul in large boats and motors. It is better to set the limit based on what is appropriate for the area.
Comment: Several comments said that the orientation of Thirteenth Lake can make it a difficult lake to cross without a gas powered motor when the weather turns bad. Several letters gave examples of personal experiences on the lake during windy conditions with white caps and strong head winds. These people felt that a gas motor was needed for safety.
Response: Whenever boaters go on the water they should check the weather reports before leaving and keep watching the weather for changing conditions. Part of being a sportsman/outdoorsman is reading the weather and being prepared for changing conditions.
Comment: Comments were received both stating that gas motors did affect air and water quality and that they did not affect air and water quality.
Response: Newer, properly maintained 4 stroke boat motors are more efficient and pollute less than older 2 stroke motors. However, whenever gasoline is used near water there is the potential risk of spillage or leaking of fuel into the water.
Comments: Compared to electric motors, gas powered motors do not have an increased negative impact on loons. Electric motors create more of a wake than gas motors.
Response: There are many factors that determine the size of the wake produced by a boat including size and shape of the hull, and speed. Gas motors have the ability to power larger boats and travel faster producing a larger wake. Even a small increase in wake size has an increased impact on shorelines and nesting shore birds including loons. Outboard motors also increase turbidity, noise and have the potential to leak petroleum based pollutants into the aquatic system.
Comment: Impact on Small Business.
Response: It is not expected that there will be an effect on small business since there will still be boaters using the lake. In addition, there are many other users in the area including, white water rafters, hikers and anglers frequenting local businesses.
Comments: This is another restriction on campers, anglers, hunters, trappers and other traditional users to favor environmental groups.
Response: This regulation was proposed through the UMP process. It is a compromise from the original proposal to ban all motors on Thirteenth Lake. After soliciting public input the plan was drafted to allow electric motors rather than ban them as originally proposed. It is not intended to be a burden on any one group in favor of another user group.
Comment: Allow use of small outboard motors. Impose a horsepower limit.
Response: This alternative was considered in the UMP. Although it would reduce air, water and noise pollution, it would not eliminate it completely, therefore, the alternative to limit motors to electric was chosen as the preferred alternative.
Comment: Classify the bed and bank of Thirteenth Lake Wilderness.
Response: Classification is beyond the scope of this regulation. Lands are classified by the Adirondack Park Agency.
Comment: Restriction on motors will limit the elderly and people with disabilities from accessing Thirteenth Lake. Batteries are heavy and they do not last long. Restricts access to physically able.
Response: Electric motors were chosen as the preferred alternative in the UMP because they had less environmental impact, they were quiet, and they would still allow motorized access for people that required mechanical assistance. Allowing the continued use of electric motors is a compromise from the original proposal to ban all motors on Thirteenth Lake. After listening to public input the plan was revised to allow electric motors rather than ban all motors as originally proposed. It is not intended to be a burden on any one group in favor of another user group.
Comment: Thirteenth Lake is subject to UMP provisions of Wilderness Areas when only a portion of the water body is within the Wilderness Area Boundary. Banning gas motors will set a precedent that will expand to other lakes that border other wilderness areas.
Response: This regulation does not set a precedent, it is a unique situation. The lake is surrounded by wilderness except for a small in-holding. These property owners have already voluntarily restricted their use to electric motors. The launch site is within the wilderness area, it is not an intensive use boat launch or wild forest water-way access site.
Comment: Prohibit all use of motors on Thirteenth Lake.
Response: This alternative was considered in the UMP. The alternative to limit motors to electric was chosen as the preferred alternative since it would reduce pollution and allow for use of an electric motor in situations where they may be warranted. Use of electric motors on this lake is feasible since they provide sufficient power to traverse the lake, which is relatively small.
