NY Boating Regs

[justin elia]

For all boaters that plan to fish NY waters, please ensure you read over the NY boating requirements. For my particular boat which is 19' 6", what differs from our rules is having a daytime signaling device (distress flag, daytime flares etc.) as well as a type IV floatation device (ie. life ring or throw cushion). There are also new regulations on life jackets, please read up and ensure your safety equipment is adequate.

 

After searching high and low, I finally found a store in the GTA that carries these products. West Marine (specifically in Oakville). When I asked the guy who worked there he was really suprised that they had them in stock.

 

http://www.nysparks.com/recreation/boating...oatersGuide.pdf

[dave524]

This is probably the biggest change, it is just new. Be aware if you boat NYS.

 

http://www.oneidadispatch.com/articles/200...26055876344.txt

[Woodsman]

I believe you will find that Canadian recreational boaters operating in US waters temporary with a Canadian registered boat are only required to meet Canadian safety equipment regulations by US Federal laws. Likewise foreign registered boats operating in Canada are only required to meet the standards of the country in which the boat is usually kept.(pg.68, Safe Boating Guide, TP 511E)

On searches I have found no sign that these following regulations have been repealed or amended.

 

TITLE 46--SHIPPING

Part B--Inspection and Regulation of Vessels

CHAPTER 43--RECREATIONAL VESSELS

Sec 4301, Application [CITE: 46USC4301]

; exempts a foreign vessel temporarily operating on waters subject to the

jurisdiction of the United States.

http://law.justia.com/us/codes/title46/46usc4301.html

 

Sec. 4306. Federal preemption [CITE: 46USC4306]

" Section 4306 establishes the Federal preemption of recreational

boating standards and requirements. A State or a political subdivision

may not establish, continue, or enforce a law or regulation establishing

a performance or other safety standard that is not identical to a

Federal standard."

http://law.justia.com/us/codes/title46/46usc4306.html

 

US federal law exempts foreign vessel temporarily operating on waters subject to the

jurisdiction of the United States and also states " A State or a political subdivision

may not establish, continue, or enforce a law or regulation establishing

a performance or other safety standard that is not identical to a

Federal standard."

Rick

Edited November 13, 2009 by Woodsman

[dave524]

The wearing of life jackets from Nov1 to May 1 is a state law, The reciprocal agreement between countries is a federal thing and I assume on federally mandated safety equipment, I think you would have a hard time if stopped and not wearing your pfd.

[Billy Bob]

Our state laws can be more strict but not more lenient then federal laws. So you MUST comply with the new reg on wearing life jackets from Nov to May.

[Woodsman]

Our state laws can be more strict but not more lenient then federal laws. So you MUST comply with the new reg on wearing life jackets from Nov to May.

Us federal law exempts "foreign vessel temporarily operating on waters subject to the

jurisdiction of the United States." As the original title states "For all the Erie and Niagara guys" these waters fall under federal jurisdiction.

And " Section 4306 establishes the Federal preemption of recreational

boating standards and requirements. A State or a political subdivision

may not establish, continue, or enforce a law or regulation establishing

a performance or other safety standard that is not identical to a

Federal standard."

As for Canadian registered boats re: safety equipment, State laws do not apply in Federally regulated waters as they are exempt by US Federal law.