PKR-47-15-00001-P Adding Windsurfing, Sailboarding and Paddleboarding to the List of Activities Regulated by OPRHP

11/25/15 N.Y. St. Reg. PKR-47-15-00001-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 47

November 25, 2015

RULE MAKING ACTIVITIES

OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PKR-47-15-00001-P

Adding Windsurfing, Sailboarding and Paddleboarding to the List of Activities Regulated by OPRHP

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of sections 375.1 and 377.1 of Title 9 NYCRR.

Statutory authority:

Parks, Recreation and Historic Preservation Law, sections 3.09(8) and 13.13

Subject:

Adding windsurfing, sailboarding and paddleboarding to the list of activities regulated by OPRHP.

Purpose:

To authorize the regulated activity by the public of windsurfing and stand-up paddleboarding.

Text of proposed rule:

Title 9 NYCRR Part 375, entitled “Activities absolutely prohibited” is amended to read as follows:

Paragraph (2) of subdivision (r) of section 375.1 is amended to read as follows:

(r) Artificial swimming aids. No person shall use tubes, floats, swim fins, Aqua-lungs or skin diving equipment of any kind, or any other inflated or buoyant objects or artificial or mechanical aids for swimming or diving, except under the following circumstances:

(1) when the use of skin or scuba diving equipment is authorized in accordance with the terms of a permit issued by the commissioner; or

(2) when the use of personal flotation devices at designated facilities is specifically authorized by the commissioner. Only United States Coast Guard-approved personal flotation devices [of types I, II and III] shall be allowed.

9 NYCRR Part 377 entitled “Regulated Activities” is amended to read as follows:

Section 377.1 Regulated activities. The following activities are prohibited on property under the jurisdiction, custody and control of the office, except in areas specifically designated therefor, during such hours or seasonal periods specifically authorized and subject to such conditions as may be contained herein or imposed by a region.

Paragraph (1) of subdivision (i) of section 377.1 is amended to read as follows:

(i) The use, launching, beaching, docking, mooring or anchoring of a boat or watercraft used as a means of transportation on water.

(1) No boat or watercraft shall be operated within an area specifically designated for [a] bathing or within the ninth park region within an area specifically designated as a surfing area. For the purposes of the ninth park region only, a bathing or surfing area shall be deemed to include the water area adjacent to and within 1,000 feet of any bathing beach or surfing area on the Atlantic Ocean, Long Island Sound and the bays along the shores of Long Island.

Paragraph (7) of subdivision (i) of section 377.1 is amended to read as follows:

(7) Use and operation of vessels in Allegany State Park.

(i) Vessels are permitted only in waters designated for vessel operation.

(ii) The use of inflatable vessels is prohibited.

(iii) The use of [motirized] motorized vessels is permitted in the Allegany Reservoir.

(iv) In the waters of Quaker Lake, motorized vessels utilizing electric motors of no more than five horsepower are permitted.

A new paragraph (11) of subdivision (i) of section 377.1 is added to read as follows:

(11) Notwithstanding paragraph (1) of this subdivision, the use of a paddleboard, windsurfing board or sailboard may be permitted within an area specifically designated for such activities, including a surfing area within the ninth park region. The use of a personal flotation device is required when paddleboarding, windsurfing or sailboarding.

Subdivision (j) of section 377.1 is amended to read as follows:

(j) The towing of persons on water skis[,] or aquaplanes; the use of a surfboard, paddleboard, windsurfing board or sailboard. A surfboard must have securely fastened to it a tether not exceeding eight feet in length, the free end of which must be securely bound to either the ankle or waist of the surfer. A personal flotation device must be worn at all times when using a paddleboard, windsurfing board or sailboard, or as required by law when operating a boat or watercraft used as a means of transportation on water.

Text of proposed rule and any required statements and analyses may be obtained from:

Kathleen L. Martens, Office of Parks, Recreation and Historic Preservation, OPRHP, Albany, NY 12238 (for USPS mailing), 625 Broadway, Albany, NY 12207 (for physical delivery), [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.

Regulatory Impact Statement

1) Statutory Authority

Parks, Recreation and Historic Preservation Law (PRHPL or Parks Law), sections 3.09(8) and 13.13 authorize OPRHP to adopt regulations necessary to carry out the functions of the office and to regulate water sports in or upon any waters or waterways under the jurisdiction of the Agency, including any waters offshore of Jones Beach State Park, Robert Moses State Park, Montauk Point State Park, Heckscher State Park, Wildwood State Park, Sunken Meadow (Governor Alfred E. Smith) State Park, and Orient Beach State Park within a distance of one thousand feet from the shore line.

2) Legislative Objectives

Updating this rule confirms OPRHP’s authority to regulate activities conducted by the public including certain water sports within waters and waters offshore of state parks or state historic sites. Generally, activities identified in the rule are prohibited except in areas specifically designated for such activities, during specific hours or seasonal periods determined by the Agency and subject to other restrictions determined by the Agency for one or more of the following reasons:

• to provide public access and uses consistent with the existing goals and policies of the Agency;

• to mitigate or avoid conflict with other public uses allowed at a designated site;

• to provide for the health and safety of the public in light of available resources made available to the Agency to maintain public safety; or

• to minimize any health hazard to employees.

3) Needs and Benefits

OPRHP regulates public activities within state parks, parkways and state historic sites. The Agency manages the public recreational use of over 60 million visitors to its parks and historic sites each year. Every year, new forms of public recreational activities are developed, and the Agency considers the impacts of providing for new activities within lands under its jurisdiction. The Agency has determined that the addition of windsurfing (also known as sailboarding) and paddleboarding will provide more opportunities to the public to pursue these outdoor sports. As a regulated activity, the Agency has determined that it can provide the public with specific areas within its parks to conduct these activities. Also, daily time periods and seasons can also be specified to mitigate or avoid conflict with other public uses in the parks. Finally, the introduction of these regulated activities will not diminish or detract from the recreational experience enjoyed by the public visiting state parks to engage in other activities.

Windsurfing is a water sport which is conducted while riding a sailboard or modified surfboard with a movable mast. An individual steers the windsurfing board from a standing position. These windsurfing boards, or sailboards, are capable of moderately high speeds and are usually used on lakes or close to shore within the surf zone on the ocean. The sport originated in the United States late in the 1960s and quickly grew in popularity. It was introduced as a sport in the Olympic Games in 1984. There is currently a need, as evidenced by public demand, to provide for additional opportunities for the public to windsurf.

Paddleboarding is a water sport in which participants are propelled on a board, similar to a surfboard, by paddling while standing or kneeling on the board. Paddleboarding is usually performed in the open waters. This sport offers the public with a fun, relaxing way to play on the water. With a minimum amount of gear, the public can paddle on paddleboards in ocean surf, lakes or rivers since no waves are required. Additionally, paddleboarding may provide a full body workout and has become a popular cross-training activity. Also, since the public can stand at their full height while paddleboarding, they can enjoy unique views of everything from sea creatures to scenic vistas. Paddleboarding is also relatively easy to learn. There is currently public demand to provide for additional opportunities for the public to experience paddleboarding.

The controlling statute recognizes a need to regulate water sports on lands and waters under the jurisdiction of the Agency. Providing public recreational opportunities is central to the mission of the Agency. Currently, OPRHP regulates surfing, boating and swimming on waters or waters offshore of its lands. In most instances, the regulation of different recreational activities is necessary to avoid conflict between uses and to promote public safety. OPRHP continues to prohibit activities that may promote conflicts between uses, such as kiteboarding, and requires the use of safety measures for certain activities. As such, OPRHP regulations currently require a tether to be attached to a surfboard when in use. Additionally, the U.S. Coast Guard determined that stand-up paddleboards may constitute vessels so the rule would require the use of Personal Flotation Devices (PFDs).

4) Costs

The benefits associated with providing additional recreational opportunities for the public under regulated conditions will increase the likelihood that the public will pursue outdoor recreation. This form of recreation may also provide for an increase in the health of the public. OPRHP will continue to review the extent of the designated areas available for these activities and the times and seasons when the activities are authorized. OPRHP should not incur any costs from allowing these activities.

5) Local Government Mandates

The proposed rule does not affect local governments.

6) Paperwork

The proposed rule will require staff to prepare, document and publish the areas designated for the additional regulated activities and to determine when the activities may be authorized.

7) Duplication

None. There is no overlap or duplication with other state and federal requirements.

8) Alternatives

There are no viable alternatives to updating this rule to authorize the regulated use of these water sports.

9) Federal Standards

The proposed regulatory changes do not exceed any federal minimum standards.

10) Compliance Schedule

The proposed regulatory changes would take effect on the day that the Notice of Adoption for this regulation is published in the New York State Register.

Regulatory Flexibility Analysis

A Regulatory Flexibility Analysis is not required for this proposal since it will not impose any adverse economic impact or reporting, record keeping or other compliance requirements on small businesses or local governments. The rule only applies to windsurfing, sailboarding and paddleboarding as regulated activities in or upon any waters or waterways under the jurisdiction of Office of Parks Recreation and Historic Preservation. Therefore, a Regulatory Flexibility Analysis is not required.

Rural Area Flexibility Analysis

This rulemaking does not impact any rural areas as defined in New York State Administrative Procedure Act Section 102(10). The rule only applies to windsurfing, sailboarding or paddleboarding as regulated activities in or upon any waters or waterways under the jurisdiction of the Office of Parks Recreation and Historic Preservation. Therefore, a Rural Area Flexibility Analysis is not required.

Job Impact Statement

A job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities. The proposed regulatory changes are needed to regulate windsurfing, sailboarding and paddleboarding in or upon any waters or waterways under the jurisdiction of the Office of Parks Recreation and Historic Preservation.