15 RCNY § 16-10.1 Fishing Boats.
§ 16-10.1 Fishing Boats.
People with valid Access Permits may fish on City Property from Fishing Boats with valid Fishing Boat Tags in accordance with the following Rules.
(a) Use. Fishing Boats with valid Fishing Boat Tags must be used at Access Permit Areas only for purposes of Fishing. All Fishing Boat occupants must be in possession of minimum Fishing equipment including a pole, line, and a hook and bait or a lure; and must be plausibly engaged in the activity of Fishing while using a Fishing Boat in Access Permit Areas.
(b) Eligible Boats. Boats eligible for Fishing Boat Tags shall be metal row boats, except boats on record as having had valid Fishing Boat Tags that were issued before March 31, 2006 may be wooden or fiberglass row boats. Only rowboats that are (1) a minimum of 11'6" in length and 42" in width and (2) a maximum of 16' in length are permitted on City Property. Other vessels, including but not limited to sailboats, motorized boats, inflatable boats, guide/river boats, and collapsible boats are prohibited as Fishing Boats.
(c) Mooring. Mooring of Fishing Boats, including to buoys, is prohibited. A temporary anchor is allowed.
(d) Fishing Boat Season. On the Amawalk, Bog Brook, Boyds Corner, Cross River, Croton Falls, Diverting, East Branch, Kensico, Middle Branch, Muscoot, New Croton, Titicus, and West Branch Reservoirs, and on Lake Gilead and Lake Gleneida, Fishing Boats with valid Fishing Boat Tags may be placed on the water during any Ice Free Period. On all other New York City Reservoirs, Fishing Boats with valid Fishing Boat Tags may be placed on the water between April 1st and November 30th of each year during any Ice Free Period.
(e) Condition and Maintenance. Fishing Boat owners are responsible for the sanitary condition and seaworthiness of their vessels and for all activities that occur thereon. Any supplies used for Fishing Boat maintenance may not enter a water body and must be removed from City Property immediately following maintenance activities.
(f) Safety. Every Fishing 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 at all times. All boaters must comply with U.S. Coast Guard, New York State, and any other applicable laws and regulations.
(1) Fishing Boats used after sunset must have a device (e.g. headlamp, flashlight, or lantern) at the ready capable of producing a white light, which must be temporarily exhibited in sufficient time to prevent collision. Fishing Boats users must wear U.S. Coast Guard approved wearable personal flotation devices after sunset.
(g) Capacity. Each Fishing Boat may carry no more than three occupants, unless the Fishing Boat has a U.S. Coast Guard approved "Maximum Capacities" plate or label affixed by the manufacturer that identifies a greater occupancy capacity.
(h) Winter Storage. Between December 1st and March 31st, Fishing Boats must be stored at a point above the High Water Mark within the assigned Boat Storage Area.
(i) Steam Cleaning and Storage. Due to the threat of Water Supply contamination by invasive species organisms that may be introduced to City Reservoirs and Controlled Lakes by boats previously used in contaminated waters, all Fishing Boats and equipment (i.e. anchors, anchor lines, paddles, etc.) used on City Reservoirs and Controlled Lakes must be registered and steam cleaned by NYCDEP or its designees, when available, as listed on the NYCDEP website, and stored on-site in Boat Storage Areas designated by NYCDEP. All Fishing Boats stored and used on City Reservoirs, Controlled Lakes and adjacent City Property must have a valid Fishing Boat Tag affixed thereto.
(j) Application. Fishing Boat Tag applications will be available for download on the NYCDEP website or for pick-up at NYCDEP facilities in New York City, NYCDEP offices throughout the Watershed and such other locations as indicated on the NYCDEP website.
(k) Fishing Boat Tag Application Required Information. A Fishing Boat Tag application will require the following information:
(1) Applicant's valid Access Permit number;
(2) Applicant's name, mailing address, phone number, electronic mail address, if available, and date of birth;
(3) Boat make, model, serial number, color, width, length, material, and hull shape;
(4) Designated Open Boat Storage Area requested;
(5) Applicant's acknowledgement of risk and waiver of liability;
(6) Applicant's acknowledgement and acceptance that NYCDEP or its designee has the right to allocate storage space for the Fishing Boat in accordance with 15 RCNY § 16-10.1(v); confiscate and store a Fishing Boat that NYCDEP determines is in violation of these regulations; to dispose of the Fishing 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 including, but not limited to, 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.
(7) Applicant's signature and date of signature; and
(8) Parent or legal guardian's signature and date of signature if applicant is under 18.
(l) Eligibility. Valid Access Permit holders 16 years of age and older and who own the rowboat that they are registering are eligible to receive a Fishing Boat Tag for the boat documented on the application. Applicants ages 16-17 need parental or legal guardian consent. Each Fishing Boat Tag will be issued to a single Fishing Boat owner only. Access Permit holders may apply for Fishing Boat Tags for more than one Fishing Boat subject to the limitations included in these Rules under 15 RCNY § 16-10.3(7).
(1) With express written permission from NYCDEP as provided for in 15 RCNY § 16-12(j), an organization that implements boat-sharing among its members, with a valid NYCDEP Access Permit, may be eligible to receive a Fishing Boat Tag for each of its Fishing Boats.
(i) Organizations must submit a request for DEP to review and approve a boat-sharing program. The organization shall appoint a responsible party who shall be NYCDEP's main point of contact and responsible for each Fishing Boat Tag issued in the organization's name.
(m) Application Submission and Appointment. A Fishing Boat Tag application must be submitted to NYCDEP or its designee, when available, as listed on the NYCDEP website, at the boat registration appointment on the day the Fishing Boat is to be placed on an Open Boat Storage Area. The appointment must be made in advance by contacting the NYCDEP office nearest the Reservoir where the Fishing Boat will be located, or the NYCDEP designee, when available, as listed on the NYCDEP website. A completed application must be submitted in person at the processing appointment. A Fishing Boat Tag application may be completed in advance of the appointment. A cancelled appointment may be rescheduled to a later date as available.
(n) Boat Processing and Tag Issuance. A Fishing Boat owner must attend the processing appointment for his or her boat in person and must bring his or her boat, valid Access Permit, and government-issued photo identification. A boat processing appointment consists of the following steps:
(1) The Fishing Boat owner must submit the completed Fishing Boat Tag application in person or via the NYCDEP website, when available.
(2) Access Permit data on file shall be confirmed with the applicant. This information shall include contact information and Access Permit status.
(3) Boat type, shape, size, color, make, model, serial number, absence of possible contaminants, boat condition (i.e. peeling paint) and apparent seaworthiness shall be confirmed and entered into the file.
(4) Boats and equipment will be steam cleaned by NYCDEP or its designee on all surfaces to remove any possible Water Supply contaminants such as zebra mussel larvae.
(5) A unique Fishing Boat number will be assigned and affixed to the boat by NYCDEP.
(6) Upon completion of the boat cleaning and processing appointment, the Fishing Boat owner shall be given a Reservoir map and/or directions to the designated Open Boat Storage Area and must immediately place the registered Fishing Boat at the assigned Open Boat Storage Area.
(7) Fishing Boat owners may be restricted from placing their Fishing Boat in certain Boat Storage Areas, as determined by NYCDEP. A Fishing Boat owner may submit a Waiting List application to NYCDEP which shall maintain and utilize such list as described in 15 RCNY § 16.10.1(v)(1)(ii) below.
(o) Rejection. Grounds for rejection of a Fishing Boat Tag application include the following:
(1) Incomplete application;
(2) Failure to meet application eligibility requirements;
(3) Submission of false information;
(4) Illegible application; and/or
(5) Failure of Fishing Boat to meet inspection and cleaning standards;
Rejected applications will be returned immediately to the applicant, accompanied by an explanation of the reason(s) for rejection, and an opportunity provided for the immediate resubmission of the corrected application, if applicable. Within 10 days of applicant's receipt of NYCDEP's rejection notification, the applicant may send an appeal of NYCDEP's refusal to issue a Fishing Boat Tag to the NYCDEP Deputy Chief of City Land Stewardship. Such appeal must include any relevant information pertaining to the basis for the refusal. Upon examination of the circumstances and generally within two weeks of receipt, the NYCDEP Deputy Chief City Land Stewardship will either uphold the refusal or revise NYCDEP's prior decision and issue a Fishing Boat Tag upon such terms and conditions as may be appropriate. The applicant will be notified of NYCDEP's determination in writing.
(p) Term. Fishing Boat Tags are valid for 4 years, or until the expiration date indicated thereon, if different, unless revoked, or altered by NYCDEP. If a Fishing Boat Tag is expired or revoked, the Fishing Boat owner must remove the boat from City Property promptly. NYCDEP may remove the Fishing Boats per 15 RCNY § 16-10.3. Fishing Boat Tag holders with an expired or suspended Access Permit may not use their Fishing Boat.
(q) Display. Fishing Boat Tags must be affixed to the upper port-side exterior bow of the corresponding registered Fishing Boat. The Fishing Boat Tag holder must keep a Fishing Boat Tag affixed and clearly legible at all times. The Fishing Boat owner must ensure that the NYCDEP-issued Fishing Boat numbers are clearly legible and visible. Fishing Boats with missing or illegible NYCDEP-issued Fishing Boat Tags and/or boat numbers are subject to confiscation by NYCDEP. Other non-NYCDEP issued numbers may need to be removed at NYCDEP's discretion.
(r) Replacement. Lost or destroyed Fishing Boat Tags may be replaced upon the boat owner's written request to NYCDEP by USPS or electronic mail. Replacements will generally be issued within two weeks.
(s) Renewal. A renewal Fishing Boat Tag notice or application will be sent via USPS or electronic mail to the address on file for each valid Fishing Boat owner, generally in the spring of the Fishing Boat Tag expiration year. Content of the renewal Fishing Boat Tag application will include confirmation of boat owner and boat information on file. Upon return of the application to NYCDEP by the applicant, a renewed Fishing Boat Tag will be updated and/or sent to the address on file for the Fishing Boat owner.
(t) Non-Transferability. Fishing Boat Tags are not transferable to either another person or another boat.
(u) Transfer of Fishing Boat Ownership. When an owner of a Fishing Boat with a valid Fishing Boat Tag ("Boat Seller") transfers ownership of his or her Fishing Boat to another valid Access Permit holder ("Boat Purchaser"), the Boat Seller must submit a Boat Tag Surrender Form to NYCDEP listing the number of his or her Fishing Boat Tag either by mail or in person, noting the Boat Purchaser's name and address. The Boat Purchaser must complete a Fishing Boat Tag application for the Fishing Boat, in accordance with 15 RCNY § 16-10.1(k), indicating the name of the Boat Seller from whom the Boat Purchaser purchased the boat.
(1) NYCDEP will issue and mail a new Fishing Boat Tag and other materials to the accepted Boat Purchaser at the address on file, generally within 2 weeks of the Boat Purchaser's Fishing Boat Tag application if the new Fishing Boat will be placed in an Open Boat Storage Area. New Fishing Boat Tags will not be issued in Closed Boat Storage Areas.
(2) The new Fishing Boat Tag issued to the Boat Purchaser will supersede any prior Fishing Boat Tag issued for the Fishing Boat, including the Boat Seller's Fishing Boat Tag which is null and void upon the Fishing Boat's transfer to the Boat Purchaser. The Boat Purchaser must remove any prior Fishing Boat Tag(s). The Fishing Boat Tag issued to the Boat Purchaser must be affixed in accordance with 15 RCNY § 16-10.1(q) above.
(v) Fishing Boat Storage Areas. Each registered Fishing Boat will be assigned by NYCDEP and/or its designee to a Fishing Boat Storage Area that has a space available as determined by NYCDEP. Assignment of a Fishing Boat to a Fishing Boat Storage Area is valid for the duration of the Fishing Boat Tag. The Fishing Boat must be stored in the assigned Boat Storage Area when not in use on the water. A Fishing Boat not stored within its assigned Fishing Boat Storage Area will be subject to confiscation by NYCDEP.
NYCDEP may grant a Fishing Boat Tag holder a storage space in either a:
(1) Closed Boat Storage Area: a Boat Storage Area designated by NYCDEP that requires protection to prevent damage to City Property such as erosion, soil compaction or loss of vegetation. The number of Fishing Boats stored in a Closed Boat Storage Area may not exceed the number of Fishing Boats NYCDEP reasonably determines as the limit for that area, in view of conditions in and around such area. Fishing Boat owners may request to be on a Waiting List, described below, to store his or her Fishing Boat in a Closed Boat Storage Area. Provided the Fishing Boat owner remains in good standing and has resolved any violation of these regulations to NYCDEP's satisfaction, upon submission of a renewal for a Fishing Boat Tag that was previously assigned to a Closed Boat Area, NYCDEP will assign the same Fishing Boat to the Closed Storage Area it is located in provided the Fishing Boat has not been transferred to a new owner since the prior Fishing Boat Tag was issued by NYCDEP.
(i) If a Fishing Boat Owner transfers ownership of a Fishing Boat that is stored in a Closed Boat Storage Area, the Boat Purchaser must remove the Fishing Boat from the Closed Boat Storage Area. The Boat Purchaser may submit a Fishing Boat Tag application to store the boat in an Open Boat Storage Area on the same Reservoir. If there is no Open Boat Storage Area on that Reservoir, the Boat Purchaser must remove the Fishing Boat from City Property. The Boat Purchaser may submit a Fishing Boat Tag application to place the Fishing Boat in an Open Boat Storage Area on another Reservoir and, in addition, may submit a Waiting List Application for a Reservoir with a Closed Boat Storage Area.
(ii) Waiting List: NYCDEP will maintain and utilize a Waiting List for each Reservoir with a Closed Boat Storage Area in order to allocate Fishing Boat storage spaces in such areas. A person may request to be placed on a Reservoir's Closed Boat Storage Area Waiting List by requesting a Waiting List application from NYCDEP or its designee, completing the Waiting List application, and returning it to NYCDEP either by mail or in person. NYCDEP will place the name on the Waiting List based upon the order in which the completed Waiting List application was received except that a Fishing Boat owner who has exceeded the boat limits established by NYCDEP pursuant to 15 RCNY § 16-10.3(7) will not be placed on a Waiting List.
(2) Open Boat Storage Area: a Fishing Boat storage area designated by NYCDEP that has suitable storage space as determined by NYCDEP for a Fishing Boat with a Fishing Boat Tag without overcrowding or damaging City Property. NYCDEP will assign each applicant who receives a Fishing Boat Tag a storage space in an Open Boat Storage Area on the requested Reservoir, if available. If there is no Open Boat Storage Area on the requested Reservoir, the applicant may submit a Waiting List application as described in 15 RCNY § 16-10.1(v)(1)(i) and (ii) above.
A Fishing Boat owner may request a change of an assigned Boat Storage Area for their Fishing Boat on the same water body once per calendar year by contacting NYCDEP. NYCDEP will grant a change of an assigned Boat Storage Area provided that the requested Boat Storage Area is open to additional Fishing Boats.
(w) Fishing Boat Storage. When not in use on the water for Fishing, a Fishing Boat must be stored in its assigned Boat Storage Area at all times. From December 1st to April 1st, a Fishing Boat must be stored above the High Water Mark within its assigned Boat Storage Area. It is recommended that a Fishing Boat owner store their Fishing Boat back from the shoreline so as not to obstruct other anglers' access to the water. DEP, at its sole discretion, may delineate by signage or on maps, shoreline buffer zones, which are within 10 feet of the High Water Mark of the shoreline. A shoreline buffer zone may be delineated on a new and/or an expanded Boat Storage Area or in an existing Boat Storage Area that is considered to have soil compaction, vegetation loss, or erosion. Fishing Boats found within a NYCDEP-delineated shoreline buffer zone are subject to removal by NYCDEP.
Where manufactured hitching posts, stanchions or boat racks are supplied and have available space, a Fishing Boat must be secured to them. A Fishing Boat must not be stored on or against other stored Fishing Boats, as this may make some Fishing Boats inaccessible to their owners.
A Fishing 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 Fishing Boat must not be secured to a dead tree or a tree marked with blue paint by NYCDEP.
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.
(x) Fishing Boat Placement and Securing. To prevent the creation of insect breeding grounds in water-filled Fishing Boats, each Fishing Boat must, except as provided in this subdivision, be stored hull-up (upside down) and flat against the ground at all times.
A Fishing Boat owner may store on site such fishing equipment as may be secured under their overturned, stored Fishing Boat. Equipment or items left on City Property and not secured under a Fishing Boat is subject to NYCDEP confiscation and disposal. A Fishing Boat owner is encouraged to secure their stored Fishing 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.
(y) Owner Removal of a Fishing Boat. Fishing Boat owners may remove their Fishing Boats from City Property at any time. Fishing Boat owners must notify the appropriate NYCDEP Boat Office before removing their Fishing Boat from City Property. Upon removal of a Fishing Boat from City Property, its Fishing Boat Tag is immediately rendered invalid and the boat can no longer be stored or used on City Property. Fishing Boat owners wishing to return a once-registered, removed Fishing Boat to a City Reservoir or Controlled Lake must make a registration and processing appointment with the appropriate NYCDEP Boat Office, or designee, as listed on the NYCDEP website.
(z) Change of Reservoir or Controlled Lake. Fishing Boat owners with a valid Access Permit may change the location of their Fishing Boat from one Reservoir or Controlled Lake to another Reservoir or Controlled Lake provided there is an Open Boat Storage Area. Such change will be treated the way a new boat would be treated. This will require an application, boat processing appointment, and a new Fishing Boat Tag. It is prohibited for a boat owner to move their boat away from the assigned Reservoir or Controlled Lake without first notifying and securing approval from the appropriate NYCDEP Boat Office. It is prohibited for a Fishing Boat owner to place any boat on a Reservoir or Controlled Lake without a valid Fishing Boat Tag for that location. The Fishing Boat must be steam cleaned and receive a new Fishing Boat Tag for the new Boat Storage Area.
(aa) Loaning a Fishing Boat. Fishing Boats with a valid Fishing Boat Tag may be loaned to other valid Access Permit holder(s) with written permission from the Fishing Boat owner, which includes the term of the loan. The person being loaned the Fishing Boat must carry such written permission while using the Fishing Boat.
(Added City Record 5/31/2019, eff. 6/30/2019)