PUBLIC HEARING TO EXAMINE THE CURRENT LAWS AND REGULATIONS ON BOATING SAFETY IN NEW YORK STATE, AND WHETHER CHANGES ARE NECESSARY TO PROTECT THE PUBLIC ON OUR WATERS

Councilman 25 Town of Huntington 1 SENATOR MARCELLINO: Could we all rise for 2 the Pledge of Allegiance, please. 3 (The Pledge of Allegiance was recited.) 4 SENATOR MARCELLINO: Good morning. 5 My name is Senator Carl Marcellino, and I am 6 the Chairman of the New York State Senate Committee 7 on Investigations and Government Operations. 8 We are here this morning to have a public 9 hearing on boating safety and the laws that affect 10 boating on the waters around and in New York State. 11 I am joined today by my colleagues, 12 Senator Jack Martins, to my right; 13 Assemblyman Michael Montesano of the 15th Assembly 14 District, to his right; and to my left, 15 Assemblyman David McDonough of the -- 16 I believe 19th Assembly District, David? 17 -- the 19th Assembly District. 18 If others -- we expect a couple of others. 19 Senator LaValle had indicated that he would be here, 20 and Assemblywoman Sandra Galef had said she would 21 attend. As they come, we will invite them up and 22 introduce them as they're here. 23 As I said earlier, the purpose of this 24 hearing -- 25 And the people who are testifying, by the 1 way, was by invitation only. 2 -- we're here to discuss boating safety and 3 the laws that affect it in New York State. 4 We are not here to discuss or investigate any 5 particular accident that occurred in the waters. 6 I do, and I will say to you, that the impetus 7 for this hearing, of course, was the incident, the 8 accident, that occurred on the 4th of July, 9 resulting in the deaths of three children. That 10 certainly sparked our interest, and it certainly 11 stimulated the hearing that we're holding here 12 today. 13 But we're not police, and we're not equipped 14 or capable of investigating the cause of that 15 accident at all. 16 What we are looking at -- and hopefully, 17 we'll get good information and good testimony from 18 people who are experts in the field, we're looking 19 at the laws that exist in our state. 20 Are they comprehensive? 21 Do they effectively cover the boating public? 22 Do they provide for a safe experience when 23 people are on the water? 24 Are they enforceable? 25 Do they need to be modified; do they need to 1 be changed? 2 Totally, completely, redo the whole thing? 3 I mean, I've heard comments from everybody, 4 from one extreme to the other, on this issue. 5 I personally have -- and this Committee has 6 not supported or sponsored any particular piece of 7 legislation. 8 Many have been put forward in recent days 9 and weeks since the incident, and some before. 10 We decided some time ago to wait, one, for 11 the results of this hearing; and, two, the 12 results of the investigation that's going on in 13 the incident. Want to hear what the cause was, to 14 find out if there's anything we can do to actually 15 impact and affect what goes on out there on the 16 water. 17 We've invited a number of speakers, and one 18 of which was the Coast Guard, and they've declined 19 to testify. And I'm really sorry about that, 20 because they're the ones who write the laws; 21 they're the ones who set the limits and the 22 parameters. But they don't feel it's their -- 23 that they should do this. 24 I disagree. 25 However, respectfully, there's been no animus 1 between us, and I don't have any animus in that 2 respect, so that we're -- we're more than willing to 3 work with them in the future, and continue to work. 4 To that end, they've sent me a book of 5 statistics. Boating statistics in New York and 6 the United States in 2011. 7 It's somewhat interesting. It's relatively 8 thick, a lot of pages, and it has a lot of boating 9 statistics. 10 Sandra, come on up. 11 Come on up. There's a seat for you. 12 There's Assemblywoman Galef. We're gonna let 13 her come up and join us at the table, at the dais. 14 Pick a side, or, you can sit next to Dave, or 15 anyone you want. 16 As I said, we're not talking about individual 17 laws; we're talking about the whole package as a 18 situation. 19 Let me give you some background. 20 New York State is a leader in the number of 21 vessels registered. There are almost 468,000 -- 22 more than 468,000 registered boats, and many other 23 vessels that do not require registration. 24 New York State Office of Parks and Recreation 25 and Historic Preservation, along with the 1 United States Coast Guard Auxiliary and the 2 United States Power Squadron, provides boaters of 3 New York State with approved boating education 4 courses that are recognized in all 50 States and 5 Canada. 6 New York State annually educates 7 18,000 boaters on boating safety. 8 Last year, there were 28 deaths in boating 9 accidents in the state of New York. 10 4,588 boating accidents nationwide last 11 year, resulting in 758 people losing their lives. 12 3,081 were injured in those incidents. 13 Nationally, the fatality rate was 14 6.2 deaths per 100,000 registered recreational 15 vessels. 16 89 percent of the deaths incurred [sic] in 17 boats where the operator had not received boating 18 safety instruction. 19 Let me repeat that: "89 percent of the 20 deaths occurred on boats where the operator had 21 not received boating safety instruction." 22 Operator inattention, improper lookout -- I 23 guess that means not looking where you're going -- 24 operator inexperience, excessive speed, and 25 machinery failure rank as the top five primary 1 contributing factors to accidents. 2 The primary contributing factor to death on 3 the water, is alcohol. Is alcohol use. 4 So, we have, as you can see, a lot of data. 5 This book contains a huge amount. 6 We're gonna process that. My staff will be 7 crunching numbers for quite a while when we make 8 our recommendations eventually for, and it will be 9 as expeditiously as we possibly can, towards any 10 legislation that we think we want to deal with. 11 As I said, we haven't promoted, nor will we 12 as a Committee, without -- promote any legislation 13 without hearing first from the experts and the 14 witnesses who can give us good testimony and good 15 input. 16 We have invited the -- Paul and Lisa Gaines, 17 who very tragically lost their daughter in the 18 incident, in the accident, on July 4th in the 19 waterways at Oyster Bay Harbor. 20 Michael Della is their attorney. 21 And I assume, Michael, will you speak for the 22 family? 23 MICHAEL DELLA: Yes. 24 SENATOR MARCELLINO: And we do wish the 25 family all the best, and our prayers are with you, 1 especially at this time of your grief and your loss. 2 Michael. 3 MICHAEL DELLA: Thank you very much. 4 Thank you very much, Senator. 5 On July 4, 2012, 7-year-old Victoria Gaines 6 was tragically killed when the boat that she was in 7 capsized on its way back from watching the Dolans' 8 family fireworks show in Oyster Bay Harbor. 9 Victoria would have celebrated her 10 8th birthday just two days later. 11 She was a beautiful child with an amazing 12 smile and an engaging spirit. 13 She is survived by her father who's sitting 14 beside me today, as well as her mother, Lisa, and 15 brother, Ryan, both of whom were on that boat on the 16 4th of July. 17 The entire family, needless to say, is 18 devastated by the loss of Victoria. 19 In addition, two other children died that 20 evening. 21 This incident caught the attention of local 22 and national news, and rightfully so, not only 23 because of the catastrophic loss of life of these 24 three beautiful children, but because this could 25 have, and should have, been prevented. 1 Numerous mistakes were made that night, and 2 the Gaines family refuses to accept that her death 3 will have been in vain. 4 They are determined to see changes that are 5 made in all laws, so that such accidents never 6 happen again, and so that no other family will have 7 to experience the pain that they are going through. 8 The public outpouring has been overwhelming. 9 I received calls and e-mails from 10 hundreds of people, thanking me and the Gaines 11 family for trying to create change. 12 Every one of these concerned citizens had a 13 different story, about the laws being so lax on 14 the waterways, and wished our representatives 15 would act to create laws that can better protect 16 us on the water. 17 Quite frankly, the public is scared. I can't 18 tell you how many other people have come up to me 19 and said that they'd never go on a boat again. 20 And that's a shame, considering where we live 21 on Long Island, surrounded by water. 22 If ever there was a time to act, it is right 23 now. 24 Encouraging, is that these changes are 25 limited and don't restrict boaters from enjoying 1 themselves. 2 Will there be a little resistance? Maybe, 3 but the added safety of our community far 4 outweighs any inconvenience felt by the boaters. 5 If we can save one life, we have done our 6 job. 7 Similar to the evolution of the vehicle and 8 traffic laws, boating laws must change with the 9 times. 10 When motor vehicles became popular, and 11 more and more cars were on our roads, the 12 government designed safer roadways; implemented 13 speed limits; had stop signs, yield signs 14 implemented; and there were licensing 15 requirements. 16 Additionally, DWI laws were more strictly 17 enforced, and more policemen were employed to 18 control the use of our roads. 19 Countless lives were saved because of those 20 changes. 21 On the water, we need similar changes. 22 The waterways are becoming more and more 23 populated, and the roadways need to be safer for 24 everyone, to be better policed. 25 Our goal is to make laws, not proposals. 1 The most glaring issues that stand out from 2 that fateful night were as follows: 3 Number one: Occupancy limits. 4 While we are not going to rush to judgment, 5 as the investigation of the 4th of July incident is 6 still ongoing, we are pushing for maximum occupancy 7 limits and weight restrictions for every 8 pleasure boat, not just ones under the size of 9 20 feet. 10 Such limits and restrictions should be 11 clearly and conspicuously posted on the vessel so 12 that anyone boarding it could readily see it. 13 While this may seem like common sense to an 14 experienced boater, beginners may have no idea of 15 a boat's capacity. Not everyone is a boater, just 16 like less of us are pilots. 17 Would anyone here know how many people or the 18 amount of weight that could be on a certain plane? 19 Of course not. 20 This small restriction to boating is 21 absolutely necessary, and will cause boaters little 22 to no inconvenience. 23 Number two: Safety courses. 24 Right now, there are no safety training or 25 licensing requirements for boaters. 1 You need a license to operate personal 2 watercrafts, such as jet skis and WaveRunners, 3 yet you don't need one for a boat. 4 That does not make sense. 5 As Senator Marcellino pointed out, of the 6 89 percent of all boating fatalities last year, the 7 operators did not undergo a safety training 8 course. 9 That is unacceptable. 10 Currently, anyone without any experience or 11 training may buy a boat and just drive it away 12 without any knowledge on how to operate it. They 13 are not required to know anything about buoys, how 14 to dock, how to drop an anchor, how fast you can go, 15 how close you can be to another boat, how close you 16 can be to a swimmer. 17 Does anyone buy a car before passing a road 18 test and obtaining a license? 19 The safety course should be on the actual 20 water and a certain amount of hours with an 21 experienced boater should be required. 22 As for people who have been boating all their 23 lives, a test should be conducted, and if passed, 24 they can forgo that safety course. 25 Again, this should not be heavily objected to 1 from an experienced boater, since they want safe 2 waterways just as much as anybody. 3 And, finally, boat-traffic control: 4 When there's an event, like a maritime 5 fireworks display, a concert at Jones Beach, or, 6 Hemstock in Hemstock Cover -- or in Hemlock Cove, I 7 apologize, which took place a few weeks ago on the 8 Great South Bay, it is common knowledge that many 9 boaters will attend. 10 There should be a requirement that proper 11 security is in place to direct traffic and to 12 enforce all other boating rules and regulations. 13 Whether it should be the responsibility of 14 the event planner, the town, the county, or the 15 U.S. Coast Guard, someone must make sure that every 16 boater can get into and out of a congested waterway 17 where an event takes place. 18 Not only have I received calls from 19 strangers on that issue, but I have read in the 20 newspapers, about people waiting an hour after an 21 event to start up their engines, because for 22 everyone to try and exit at the same time is a 23 recipe for disaster. 24 At Yankee Stadium, at a concert, we all have 25 ushers standing by every exit way, to make sure 1 the flow of traffic is proper and that no one gets 2 trampled. 3 On the east end, at a celebrities' Hamptons 4 party, there's police officers stationed at the 5 end of the block, to make sure that only the 6 invitees or people that live on the block are able 7 to go down that roadway, because of safety. 8 These three points make up what the Gaines 9 family is trying to employ as "Victoria's Law," in 10 the memory of their lost daughter. 11 I just want to take this final opportunity to 12 applaud Senator Fuschillo, who we have met with, and 13 who has dealt with boating safety in the past for 14 years, and has proposed more changes to make us 15 safe. 16 I also want to thank Senator Schumer, who 17 we've also met, with who seems to be trying to put 18 in place some occupancy-limits changes as well. 19 And, I do look forward to Senator Marcellino, 20 his input here, and thank him very much for holding 21 this hearing in the first place. 22 And, I would also like to thank 23 Paul and Lisa Gaines, who have gone through this 24 tragedy, and, after the first couple of days, they 25 made it their mission to try to create change. And, 1 they just have outstanding bravery for coming here 2 in front of you elected officials, and meeting with 3 all types of different politicians; not just 4 sitting back and allowing this to ever happen again. 5 They've taken a very proactive approach, and 6 they should be commended for that. 7 Victoria will not die in vain. 8 This Gaines family is determined, but they do 9 need the help of our community, and our government. 10 Thank you very much. 11 SENATOR MARCELLINO: Thank you very much. 12 Any questions? 13 Okay, thank you. 14 And I will state, that I do appreciate the 15 fact that you have made it your mission to make sure 16 that your daughter did not die -- and the other 17 children that died that night, did not die in vain. 18 We appreciate that, and we will look forward 19 to assisting you in any way we can, in any way 20 that's appropriate. 21 And I do believe you ought to be commended 22 with your courage in speaking, and especially 23 speaking to politicians. That's not an easy thing 24 to do. 25 So, I appreciate the fact that you've come, 1 and that you've been to many different events. 2 I know you were in Huntington last night at 3 their hearing. 4 Many different levels of government have 5 been holding Boating Safety evenings and 6 instruction periods, and so forth, throughout the 7 Long Island, and throughout the state, as a result 8 of this incident. 9 We think that's a positive thing. But, we 10 wanted to make sure that -- and I'm sure you agree, 11 that it goes on all the time, and not just one time, 12 and disappears and dissipates. 13 So, we want to keep the interest going. 14 But, we look forward to working with you, and 15 we will keep you informed every step of the way. 16 And we would appreciate the same from 17 yourselves as well. 18 Thank you very much for your testimony, and 19 your hearing today. 20 MICHAEL DELLA: Thank you very much, 21 Senator. 22 MR. GAINES: Thank you, Senator. 23 SENATOR MARCELLINO: Anyone who would like to 24 see this, by the way, just to announce to the 25 public, that this hearing is being live broadcast by 1 the Senate video operations. 2 So, that anyone who's out there, and we did 3 promote this through e-mail, and so forth, that this 4 is a live broadcast. 5 And if anyone would like to see this and hear 6 it repeated, they can view it on the New York Senate 7 website, which is: 8 New YorkSenate.gov/committee 9 /investigationsandgovernmentoperations. 10 You can put that on. It will be re-broadcast 11 as frequently as you wish. It will be up there for 12 quite a while. 13 The next speaker will be the commissioner of 14 the New York State Office of Parks and Recreation 15 and Historic Preservation, Commissioner Rose Harvey. 16 Commissioner? 17 Commissioner, would you introduce your 18 co-speaker. 19 COMMISSIONER ROSE HARVEY: Thank you. 20 Good morning, and thank you for inviting us, 21 and we're glad to participate in this hearing. 22 And, I'm Rose Harvey, and I'm Commissioner of 23 Parks, Recreation, and Historic Preservation. 24 And I have with me Brian Kemp, who's director 25 of our Bureau of Marine Services, and has been there 1 for many, many years, and could help answer some 2 questions. 3 I also just want to express my deepest 4 condolences to the Gaines family, and thank them 5 for their bravery and courage to come forward and 6 try to make a difference. 7 Boating is a major recreational activity in 8 New York State. 9 Currently, New York State ranks seventh in 10 the nation in the number of watercrafts, with 11 468,000 registered boats, plus a large number of 12 small crafts, such as canoes and kayaks that do 13 not require registration. 14 Millions of people participate in boating 15 on waters across the state, providing outdoor 16 recreational activities and making a significant 17 economic contribution to local communities. 18 Parks administers boating safety 19 initiatives through our Bureau of Marine Services. 20 The agency is also responsible for a number of 21 regulatory functions upon those waters which the 22 federal government has no authority, primarily 23 inland and lake waters. 24 We inspect and license commercial 25 passenger-carrying vessels; 1 Replace and maintain navigational aids on 2 several major inland lakes and waterways; 3 We issue permits for regattas and floating 4 objects; 5 We administer the State Financial 6 Reimbursement Program to counties enforcing state 7 navigation laws; 8 And, finally, we administer the Boater 9 Education Program that the State requires of youth 10 and personal-watercraft operators. 11 So let me just give you a brief overview of 12 each of these programs. 13 With respect to safe-boating education 14 programs, 1959, New York State launched the 15 earliest boating education program in the country. 16 It's in partnership with the United States 17 Coast Guard Auxiliary and the United States 18 Power Squadron. 19 New York provides nationally recognized 20 courses of boating safety instruction. Participants 21 are required to complete an 8-hour course and pass a 22 proctored written exam in order to receive boating 23 safety certificates. 24 The boating education is required of youths, 25 age 10 to 18, to operate a motor boat; and all 1 operators of any age, of personal watercraft. 2 That's, essentially, jet skis. 3 Our certified instructors teach nearly 4 20,000 boaters annually, the fundamentals of safe 5 boating. 6 Over the past 12 years, more than 7 250,000 people have participated in the safe-boating 8 courses, and we rank sixth in the nation in the 9 number of students that take boating safety 10 courses each year. 11 In addition to boating education, Parks' 12 Marine Services' staff make presentations at boating 13 events across the state, provide safety 14 information on its website, and we partner with 15 organizations, like the National Safe Boating 16 Council and Brookfield Renewable Power to air 17 public-safety advertisements. 18 With respect to the New York State navigation 19 law, over the last two decades, New York has taken a 20 number of steps aimed at improving the state's 21 navigation laws. 22 I'll mention just a few. 23 Beginning in 1995, New York was the first -- 24 one of the first states to require children under 25 the age of 12 to wear a life jackets. 1 In 1998, New York became one of the first 2 states to require that all personal-watercraft 3 operators take an improved course in boating 4 safety. 5 In 1998, the State passed a zero-tolerance 6 law prohibiting the consumption of alcohol by those 7 less than 21 years of age on mechanically driven 8 vessels. 9 In 2009, New York became the first state in 10 the nation to require wearing life jackets on any 11 vessel less than 21 feet, between the cold-water 12 months of November and May 1st. 13 With respect to marine law enforcement, a 14 number of state, county, town, and village agencies, 15 including, also, parks, State police, and DEC, 16 provide law-enforcement services. 17 These marine patrols provide a valuable 18 service to the boaters, through education, 19 compliance, and as first responders. 20 Parks sponsors a number of training 21 programs for these marine law-enforcement 22 personnel. 23 We also administer a State-funded financial 24 assistant program that reimburses up to 50 percent 25 of eligible marine law-enforcement expenses 1 incurred by the counties and municipal agencies for 2 patrolling the waters. 3 Continued support of all these agencies is 4 critical to ensure a safe boating environment. 5 Finally, with result to boating safety -- 6 boating safety results, New York's efforts in 7 boating education, safety laws, and enforcement, 8 combined with federal laws and requirements, 9 have improved the safety of our waterways. 10 Over the past 30 years, the number of 11 reported recreational boating accidents has 12 decreased, and the number of boating fatalities has 13 dropped by one-half. 14 Despite having the seventh-largest number of 15 registered vessels, last year New York accounted 16 for 3.4 percent of boating-related fatalities in the 17 United States. 18 Parks tracks detail statistics on the 19 types and causes of boating accidents in New York, 20 and reports that information in an annual 21 recreational-boating report. 22 The 2011 report is available online right 23 now. I mean -- yes, it is online right now. 24 Here, in New York, we will continue to 25 promote and advance our boater safety training 1 programs, our public-education efforts, our 2 law-enforcement support, to enhance the safety in 3 New York's waterways. 4 We appreciate the Committee's active role in 5 convening this hearing. 6 We look forward to hearing from our federal 7 and local partners, as well as boating 8 organizations, on ideas for further promoting boat 9 safety in New York State. 10 Thank you very much for asking me to testify. 11 SENATOR MARCELLINO: Thank you, Commissioner. 12 Just a couple of quick questions, and I'll 13 turn it over to some of my colleagues who may have 14 some follow-ups. 15 In your opinion, are our laws and regulations 16 in New York State strong enough? 17 COMMISSIONER ROSE HARVEY: New York State has 18 always been very focused on boating safety, and we 19 worked very well with the Legislature to promulgate 20 laws with respect to boating safety. 21 And, we will continue to look, consider, work 22 with you and all our partners, to think about 23 further laws, further regulation, further 24 legislation. 25 SENATOR MARCELLINO: In your opinion -- 1 Let me put you on the spot a little bit. I'm 2 sure you're used to it. 3 You heard the testimony from the attorney 4 representing the Gaines family. 5 Boating safety courses: If -- and there are 6 many bills out there right now that would require 7 an expansion of the "boating safety course" 8 provision in the state law right now. 9 -- are we equipped, currently, to give 10 everybody -- or, require everyone who has a boat or 11 buys a boat, to take a boating safety course? 12 Do you have enough people to do it? 13 COMMISSIONER ROSE HARVEY: Right now, as you 14 know, in New York State, it's mandatory, from 10 to 15 18, and then all operators of jet skis. And, we 16 do everything we can to make sure, to even provide 17 them with courses. And, also, to make all boaters 18 aware of the courses so that they're -- those that 19 volunteer. 20 And, we're sixth right now in the number of 21 students that attend both voluntary and required. 22 So, you -- everything is -- it's a very 23 complex interrelated area and issue. And it all -- 24 everything is in the details, and we would have to 25 look at everything, and consider it, to know whether 1 we are equipped. 2 But -- 3 SENATOR MARCELLINO: The other aspect of the 4 testimony that we heard, was about licensing. 5 We don't currently require it in the state. 6 How would you implement something like that? 7 That's been a question that's been rattling 8 around in my head: How would you do that? 9 I understand how we do it with motor 10 vehicles, and so forth. There's a written test, 11 and then there's a road test. 12 How would you do it on the water with: 13 Different boats; sail, motor, different 14 sizes? 15 Different conditions; marine, lakes, 16 rivers? 17 COMMISSIONER ROSE HARVEY: Jurisdictions. 18 SENATOR MARCELLINO: Different 19 jurisdictions -- crossing jurisdictions, and so 20 forth? 21 How would we deal with that? 22 COMMISSIONER ROSE HARVEY: It would be very 23 difficult and very complex, and would require a lot 24 of thought. It would be very hard. 25 SENATOR MARCELLINO: Okay. 1 Gentlemen? 2 Jack? 3 SENATOR MARTINS: Good morning. How are you? 4 COMMISSIONER ROSE HARVEY: Good. Good. 5 SENATOR MARTINS: Thank you. 6 Just to follow up on that last question: 7 Right now, we do have different types of licensing, 8 or licenses, for different motor vehicles, don't 9 we? Tractor-trailers, passenger vehicles, 10 motorcycles. 11 And it is complicated. 12 And we do have different types of 13 watercraft. 14 Can we not, sort of follow the model that's 15 already been established for automobiles, in terms 16 of licensing, and the requirements for different 17 size boats, and required training as a result, 18 commensurate with the type of boat or watercraft 19 that a person be using? 20 COMMISSIONER ROSE HARVEY: Again, the boating 21 issues' environment are very different. And, I 22 think it would be very complex. 23 And, I don't have the answers. I don't know. 24 And, we would, you know, need to look at all 25 of this, and think about it in context of all the 1 many jurisdictions, all of the -- that have 2 enforcement, and don't have enforcement, and so 3 forth and so on. 4 SENATOR MARTINS: You mentioned -- 5 You mentioned that -- 6 SENATOR MARCELLINO: You've got to point your 7 microphones down, I'm told. 8 No, just point the microphones down. 9 The microphones, point them down. 10 SENATOR MARTINS: I'll try again. 11 SENATOR MARCELLINO: We're still getting the 12 feedback, guys. 13 SENATOR MARTINS: I'll go with that. Thank 14 you. 15 You mentioned that there are currently 16 20,000 boaters, annually, that take some sort of 17 course -- safety course. 18 I assume that those include youngsters, 19 10 to 18, as well as those who use personal 20 watercrafts, like jet skis. 21 What's the breakout? 22 Out of those 20,000, how many are boaters, 23 10 to 18, and how many are people actually, just, 24 recreational crafts, like jet skis? 25 COMMISSIONER ROSE HARVEY: We can -- unless 1 Brian knows it, I think we can get back to you and 2 give you that. 3 SENATOR MARTINS: And we require, I guess, 4 safety instruction, up to 18. But that first day 5 after the 18th birthday, that person no longer has 6 to take a class. 7 And so, yet, we still require it for people 8 who are on jet skis out on the water, and not 9 power boats. 10 Do you see that as a possible avenue towards 11 expanding safety on the waterways, just as a 12 simple point, and that sometimes these age 13 restrictions may be arbitrary? 14 Is that possible? 15 COMMISSIONER ROSE HARVEY: Well, again, we 16 promote boater safety courses and education, and go 17 out and actively encourage everybody to take them. 18 And awareness of their importance is a huge part of 19 it. 20 And, we'll give you the breakdown of how many 21 are -- or those not required by law. 22 And that is -- we're very focused on it. We 23 do PSAs. And more awareness of the importance of 24 it, the more participation you will get. 25 But we, again, welcome working with the 1 Legislature, to look at other proposals, and, you 2 know, anything that can further enhance and improve. 3 SENATOR MARTINS: No, I appreciate that. 4 You know, I'll just relay a quick experience, 5 my own personal experience. 6 I have a person I know who decided, in his 7 thirties, to buy a boat. 8 So, decided to buy a boat. 9 Found one in Massachusetts. Never having 10 actually owned a boat, or piloted a boat, bought the 11 boat; drove to Massachusetts, got on the boat, and 12 piloted it back to Long Island, not ever having 13 taken a course. 14 And there's something just inherently wrong 15 about that. 16 And when you consider it, and, you know, the 17 rules, regulations, or laws that make that 18 possible. And, I think a lot of what we're 19 discussing here today bring that into stark contrast 20 with some of the other requirements that we have on 21 the road. 22 I did just want to point out, I noticed that, 23 for boats that are less than 20 feet -- 21-feet 24 long, between the months of November and May, that 25 people have to wear life vests. But, after May, 1 and before November, they don't. 2 Yet, I would think that the risks 3 associated with wearing the life vests between 4 those months are still there, between May and 5 November, during, you know, the nicer months; yet, 6 the need for those life vests are foregone. 7 So, I do appreciate the testimony, I 8 appreciate the details, but I think that they also 9 raise some valid points for discussion as we go 10 forward. 11 Chairman, thank you. 12 SENATOR MARCELLINO: Thank you very much, 13 Senator. 14 Before we take a -- or go any further, I 15 would just like to thank the Town of Oyster Bay and 16 Supervisor Vanditto and the Town Board for providing 17 us the use of the hall. They've been very 18 cooperative with their staff and the people, in 19 using the facilities. 20 So, we do appreciate their time. 21 Assemblywoman, do you have some questions? 22 Senator? 23 ASSEMBLYWOMAN GALEF: Thank you very much, 24 and it is a pleasure to be here. 25 And thank you, Senator. 1 I don't think I've ever been to Oyster Bay. 2 I live in Westchester County. 3 But I must say, you know, it was very 4 important that the Gaines family was here. 5 And, we also lost somebody in our area, that 6 was at City Island, but lived in Ossening, in a 7 boating accident too. 8 So, it's an issue around all of our waterways 9 among the Hudson River. 10 One of the things that really bothers me, is 11 that the State of Connecticut and the State of 12 New Jersey do require boat safety courses. And it 13 just -- 14 SENATOR MARCELLINO: We do have a chart over 15 there on the side, that -- 16 ASSEMBLYWOMAN GALEF: Oh, you do? Okay. 17 SENATOR MARCELLINO: -- this, New York's 18 requirements, and -- with respect to the courses, 19 and whatever. 20 ASSEMBLYWOMAN GALEF: Right, and our 21 neighboring -- 22 SENATOR MARCELLINO: As is with New Jersey 23 and Connecticut. 24 ASSEMBLYWOMAN GALEF: Right, and our 25 neighboring states. 1 It just seems -- I mean, because so many of 2 our waterways kind of go between, you know -- I 3 don't know about Massachusetts, but, you know, 4 coming through all these waterways and having 5 different rules and regulations, and I don't quite 6 understand that. 7 The other aspect of the testimony, actually, 8 that was given by the attorney for the Gaines 9 family, about the boaters that are out there, even 10 if we start with the process of getting -- you know, 11 our younger people getting boat certificates, and 12 so on, what do we do about the older boaters that 13 have been out in the field? 14 And I know I've spoken to a lot of people. 15 Could we do anything with insurance like we 16 do with cars? 17 We were talking before about having 18 something, kind of, tracking our automobiles. 19 If people were to take preventive courses, 20 even though they've been boaters for a very, very 21 long time, that they would get a discount. 22 I know some insurance companies do that, but 23 could we require something like that, so, you know, 24 that we can encourage more people to do this? 25 You know, it sounds like your department is 1 limited in how many people we can get taking all of 2 these courses, you know, at this point, but is there 3 another approach to getting others? 4 It isn't all the new people. It's reminding 5 people, again and again, about, you know, not 6 drinking, as you've said, and what to do, you know, 7 when you're on the side of the -- I mean, we had 8 somebody in New Rochelle, coming from Connecticut, 9 and went right into a stone wall, you know. And 10 some of this you don't understand, but some have 11 been boaters before. 12 Any comments on this? 13 COMMISSIONER ROSE HARVEY: Again, we agree 14 with you that awareness of the issues of boater 15 safety is paramount, and we need to educate. 16 And, we spend a lot of time with PSAs, and 17 promotional, and bringing people into our education 18 courses. 19 And with -- and, again, we're completely open 20 to all of the ideas that you all are putting 21 forward. And we just -- you know, we're going to 22 need to consider it in context of our ability to 23 implement, our ability to enforce, and, you know, 24 with respect to the multi-jurisdictional nature of 25 all of this. 1 But, we appreciate all of these ideas, and 2 look forward to further discussions on them. 3 SENATOR MARCELLINO: David? 4 ASSEMBLYMAN McDONOUGH: Thank you, Senator, 5 and thank you for holding the hearing. 6 And thank you, Commissioner, and Mr. Kemp, 7 for being here today. 8 Are you -- we've talked about a couple of 9 neighboring states. 10 Are you familiar with any of the larger 11 boating states, like Florida and California? Does 12 Florida have -- do you know, Mr. -- 13 Is it, Kemp? 14 BRIAN KEMP: Yes. 15 ASSEMBLYMAN McDONOUGH: -- do you know, 16 Mr. Kemp, does Florida have a strong boating law, or 17 stronger than ours? 18 BRIAN KEMP: I can tell you that California 19 has no requirements at all for education. 20 ASSEMBLYMAN McDONOUGH: None at all. 21 BRIAN KEMP: Florida recently implemented 22 mandatory education, and they're in the process of 23 phasing that in. 24 SENATOR MARCELLINO: Could you speak up a 25 little bit. I don't think -- I couldn't hear you, 1 barely. I'm sure they -- 2 ASSEMBLYMAN McDONOUGH: You said Florida 3 recently introduced -- 4 BRIAN KEMP: Florida recently introduced 5 legislation, to get everybody into a boating safety 6 course. 7 ASSEMBLYMAN McDONOUGH: Okay. I spent a lot 8 of my years growing up in south Florida, and I -- 9 the boating there is, you know, just -- even bigger 10 than it is here. 11 I represent the 19th Assembly District, which 12 is the south shore of Nassau County, and covers 13 most of Jones Beach. So, there's a lot of 14 watercraft -- 15 BRIAN KEMP: Oh, yeah. 16 ASSEMBLYMAN McDONOUGH: -- in the 17 waterways, just -- you know, as well as in the 18 ocean, so, there are many accidents. 19 All boaters have to be licensed in 20 New York State. You see that; on every boat you see 21 the license number, I believe. You see it on 22 sailboats. I've seen it on other crafts. 23 BRIAN KEMP: There's a little confusion 24 between the terminology. 25 "Licensing," is really registration. 1 ASSEMBLYMAN McDONOUGH: Registration? 2 SENATOR MARCELLINO: Registration. 3 ASSEMBLYMAN McDONOUGH: So you know who 4 the -- 5 BRIAN KEMP: The motor vehicle, that's the 6 registration process. 7 ASSEMBLYMAN McDONOUGH: So the State of 8 New York, then, whether it's Parks or -- the State 9 knows who the owners of every boat are? 10 BRIAN KEMP: That's correct. 11 ASSEMBLYMAN McDONOUGH: Okay, and that's all 12 they've to do, is register their boat; right? 13 BRIAN KEMP: In the case of most boaters, 14 yes. 15 ASSEMBLYMAN McDONOUGH: And most boaters? 16 Why would it not be -- 17 BRIAN KEMP: If they're youthful operators, 18 or if they're personal-watercraft operators, which 19 are boats as well -- 20 ASSEMBLYMAN McDONOUGH: Right. 21 BRIAN KEMP: -- they have to be registered, 22 and they also have to be certificated. 23 ASSEMBLYMAN McDONOUGH: Well, at that age, 24 from the personal watercraft, under 18, or any 25 personal watercraft -- 1 BRIAN KEMP: All personal-watercraft 2 operators. 3 ASSEMBLYMAN McDONOUGH: But, as I understand 4 from the commissioner's testimony, and what we know, 5 is that nobody has to be registered to operate a 6 larger boat, over 18 years of age. 7 BRIAN KEMP: Again, the boat has to be 8 registered and/or documented through the 9 Coast Guard, and the operator does not have a 10 requirement that he be certified to operate the 11 boat. 12 ASSEMBLYMAN McDONOUGH: Okay, so we really 13 need -- Commissioner, you and I talked about this, 14 we really need legislation, don't we? Something? 15 I mean, we can talk about the funding for it 16 in a minute, but, don't we need some type of 17 legislation? 18 We've got two or three things that New York 19 has done already, insofar as the age we just talked 20 about, but, do we need some legislation, just like 21 we do with DMV, where you must have some training in 22 order to get a driver's license? 23 COMMISSIONER ROSE HARVEY: Again, I -- we 24 have worked -- New York State actually has led 25 the -- many of the states in some of its 1 legislation, and its concern for boater safety. 2 And, we look forward to continuing to work 3 with you in considering it. But, what the -- we 4 need to review what the legislation is, and take 5 it -- take into consideration the issues of our 6 ability to enforce, to deliver, and all, again, the 7 multi-jurisdictional aspect of this. 8 ASSEMBLYMAN McDONOUGH: Okay, well, I'm the 9 ranking member on the Transportation Committee in 10 the New York State Assembly. And I understand what 11 you're saying about the local jurisdictions. But 12 if we have some State requirements, as you do for 13 the personal watercraft, and stuff like that, that 14 trumps any local jurisdiction. Correct? 15 COMMISSIONER ROSE HARVEY: Correct. 16 And then there's federal. 17 SENATOR MARCELLINO: Different state. 18 ASSEMBLYMAN McDONOUGH: And there's federal 19 also, which -- 20 COMMISSIONER ROSE HARVEY: Which trumps 21 State. 22 ASSEMBLYMAN McDONOUGH: Right, okay. 23 So, it's not unreasonable to hope that we 24 could get some type of legislation at a state level, 25 that would require the training courses, whether 1 it -- now, the funding of it, obviously, could be 2 through the fees. 3 I don't know what the registration fee is, 4 Mr. Kemp. 5 Do you know what the registration fee is for 6 a boat, just the registration? 7 BRIAN KEMP: It does vary. It's a three-year 8 registration. There's also a surcharge on that. 9 But I believe it ranges, anywhere from $18 10 for a boat under 16 feet, to somewhere around $60 11 for a larger vessel, for the three-year 12 registration. 13 ASSEMBLYMAN McDONOUGH: Costs a heck of a lot 14 more to get a driver's license, too. 15 BRIAN KEMP: Probably does. 16 ASSEMBLYMAN McDONOUGH: Right? 17 Isn't that amazing. 18 So, if we were able to get something like 19 that, of course, the first thing the State would be 20 thinking about, is how do we pay for these training 21 courses? Who pays for it? 22 The operator of the boat would have to pay 23 for it, I believe. 24 And, in order to get a license to operate a 25 boat. Just like, these younger people, and anybody 1 operating a personal watercraft, they have to pay 2 for their training course -- well, no, actually, I 3 think the Coast Guard Auxiliary gives those for 4 free. Right? 5 BRIAN KEMP: There's a combination of 6 courses. 7 We have free courses; we have instructors 8 that teach at the proprietary level, and they charge 9 for those courses; and the Coast Guard Auxiliary and 10 the Power Squadron also offer free courses of 11 training. 12 ASSEMBLYMAN McDONOUGH: In response to 13 Assemblywoman Galef's remarks, I believe that there 14 is some discount from insurance companies, if you've 15 taken the boating safety course. Just like -- 16 BRIAN KEMP: Yes. 17 ASSEMBLYMAN McDONOUGH: -- we get a discount 18 on our driver's license if we take that safe-driving 19 course, and you get points reduction, and it gets 20 down on your insurance. 21 BRIAN KEMP: That's in the statute. 22 ASSEMBLYMAN McDONOUGH: But there is some. 23 BRIAN KEMP: Yes. 24 ASSEMBLYMAN McDONOUGH: You agree with me, I 25 think there is. Right. 1 And, of course, we've DWI laws. And, we 2 don't have strong enough BWI laws, I believe. Not 3 as strong as our DWI laws. 4 And that's something I know that 5 Senator Marcellino and Senator Martins and 6 Senator Fuschillo have been working on, 7 strengthening those laws. 8 You had an accident some years ago on 9 Lake George, which was a licensed operator. That 10 was a terrible accident, where a boat capsized. 11 So, there's much of this happens in State 12 parks; right? 13 Not just in our waterways, but you have all 14 of the lakes, and all of that, you have a lot of 15 boating accidents. 16 BRIAN KEMP: Yes. 17 ASSEMBLYMAN McDONOUGH: We had a fatality 18 just prior to this accident on July 4th, where a 19 boat, literally, ran over another boat because of 20 DWI [sic]. 21 Okay, well -- 22 SENATOR MARCELLINO: Last question. 23 ASSEMBLYMAN McDONOUGH: -- we're going to 24 work for more legislation, to help you. 25 SENATOR MARCELLINO: Assemblyman Montesano? 1 ASSEMBLYMAN MONTESANO: No, I'm okay. Thank 2 you. 3 Thanks. 4 SENATOR MARCELLINO: Commissioner, I 5 appreciate your coming. I know you came a long way 6 to be here, and thank you for your testimony. 7 And I understand your department has to work 8 with, in cooperation with other agencies, and on 9 multiple levels. And I think that's where the 10 confusion can be, as to which level is going to pass 11 what bill, and what law is going to -- supersedes 12 other laws, and when a New York boater crosses the 13 Sound and floats into Connecticut waterways, 14 could be impacting other sets of rules and 15 regulations as well. 16 So, we want to make sure that whatever is 17 done is coordinated. 18 Has there been any -- just one last question: 19 Has there been any thought to setting up some type 20 of meeting with the powers that be in Connecticut, 21 New Jersey, and surrounding jurisdictions, so that 22 we can have a uniform set of boating rules and 23 regulations, especially on a place like 24 Long Island Sound, where we share the waterway with 25 more than one state? 1 ASSEMBLYMAN McDONOUGH: Who knows? 2 BRIAN KEMP: We are members of the 3 National Association of State Boating Law 4 Administrators, and we do collaborate on different 5 things. We do exchange information, and we compare 6 laws and, we develop model acts, many of which 7 have found their way into state law. 8 So, we do that at a national level, and to 9 some extent, at a regional level as well. We're 10 aware of what different states are doing. 11 SENATOR MARCELLINO: Being aware, and us 12 having the same law, is what I'm getting at. 13 I mean, we're aware there are differences. 14 What I'm trying to get to is, I'd like to see 15 some movement in the direction of some type of 16 uniform set of rules and regulations, so the boater 17 who goes out there, knows the rules, assuming 18 they've taken, or read the books; and that 19 enforcement agencies -- police, Coast Guard, 20 auxiliary -- whoever's out there, knows there's 21 one set of rules, no matter where they are, that 22 can be enforced, so we don't have this hodgepodge. 23 COMMISSIONER ROSE HARVEY: We will always 24 work to coordinate. And we can work harder, and we 25 can be more deliberate. 1 And, also, our boating courses are all -- 2 they're the same course materials that are used by 3 all the states. 4 SENATOR MARCELLINO: Yeah, that's true. 5 The boating safety program is accepted 6 everywhere, including Canada -- 7 COMMISSIONER ROSE HARVEY: Right. Right. 8 SENATOR MARCELLINO: -- so that we've that 9 commonalty, as far as the educational things. 10 However, the laws and the enforcement 11 varies from place to place, and in some cases. 12 So I think we're going to have to take a 13 long -- a hard look at that and see what we can do 14 with that, and how we can better coordinate on that 15 basis. 16 But I do appreciate you coming, and I thank 17 you. And thank Governor Cuomo for, hopefully, 18 reimbursing you on your expenses. 19 COMMISSIONER ROSE HARVEY: Thank you. 20 SENATOR MARCELLINO: Next speaker will be 21 Sergeant John T. Owen, Deputy Commanding Officer of 22 the Nassau County Police Department Marine Bureau. 23 SGT. JOHN T. OWEN: Good afternoon, State 24 Senator Marcellino, members of the Senate Standing 25 Committee on Investigations and Government 1 Operations, ladies and gentlemen. 2 My name is Sergeant John T. Owen. I've been 3 a member of the Nassau County Police Department 4 since 1986. I have been assigned to supervisor in 5 the Department's Marine and Aviation Bureau since 6 2001. 7 In addition to my normal patrol duties, I 8 have taken part in the recovery efforts of 9 TW Flight 800, during July of 1996; and I have taken 10 part in the immediate response and recovery 11 efforts at the World Trade Center on September 11, 12 2001, and during the weeks that followed. 13 Additionally, I've completed the Department's 14 comprehensive five-week marine law-enforcement 15 training program, which are all approved by the 16 New York State Division of the Criminal Justice 17 Services. 18 I am a certified boating-accident 19 investigator, by the National Association of Boater 20 Law Administrators. 21 My police colleagues and I have more than 22 ample experience with regional marine law 23 enforcement and the many issues regarding 24 recreational boating safety. 25 The Nassau County Police Department continues 1 to take a focused approach to marine law enforcement 2 and recreational boating safety in New York State's 3 marine district. 4 In 2011, the Nassau County Police Department 5 connected more than 30,000 hours of marine law 6 enforcement. 7 Since 2002, official statewide statistics 8 indicate that there's been nearly a 12 percent 9 decline in registered recreational vessels in 10 New York. Nevertheless, regional marine 11 law-enforcement statistics provides for an 12 important facts. 13 Official statewide statistics for 2011 14 indicate that nearly 7 percent of New York State's 15 recreational vehicles are registered in 16 Nassau County, and Nassau County is but one of 17 62 statistical counties in New York State. 18 Nearly 9 percent of all boating 19 safety-enforcement cases prosecuted in 20 New York State were conducted in Nassau County in 21 2011. 22 Official statewide statistics for 2011 23 further indicate that more than 12 percent of the 24 reported boating accidents in New York State 25 occurred in Nassau County, and 10 percent of the 1 arrests made for boater-while-intoxicated were 2 made by the Nassau County Police Department. 3 As a side note, I am proud to report that, to 4 date, the Nassau County Police Marine Bureau has 5 made 5 BWI arrests in 2012. 6 Marine law-enforcement recreational-boating 7 safety seems to be a very important policing issue 8 in the Long Island region. Clearly, the Nassau 9 County Police Department has 80 years of broad 10 professional experience in the area of marine law 11 enforcement and recreational boating safety. 12 The marine patrol experience of this 13 department has generally indicated that educated 14 operators are smarter and safer boater 15 operators. Education appears to be the key 16 component of safer boating. 17 At the present time, operators of 18 recreational vessels, as we spoke before, between 19 the ages of 10 and 18, must attend an approved 20 boater safety course, and must be boater-safety 21 certified in New York. 22 All operators of personal watercraft in 23 New York must attend an approved boater safety 24 course, and must be boater-safety certified, in 25 order to lawfully operate personal watercraft on 1 New York waters. 2 Official statewide statistics have 3 indicated that reported personal-watercraft 4 accidents have declined by half over the last 5 ten years. 6 And I think it's due to the education. 7 Again, education appears to be key 8 components of safer boating. Safer boating 9 equates to less injuries and less fatalities on 10 New York State waterways. 11 Needless to say, public safety is the number 12 one concern of our department. 13 And I'm grateful for the opportunity to 14 address the Committee on behalf of the 15 Nassau Community Police Department, especially in 16 relation to the important regional issue of 17 recreational boat and safety. 18 Thank you. 19 SENATOR MARCELLINO: Sergeant, thank you very 20 much. 21 Let me ask you the question I asked the 22 commissioner to open up with: In your opinion, are 23 our laws and regulations strong enough in 24 New York State? 25 SGT. JOHN T. OWEN: I think the laws are -- 1 they're very -- you know, the laws are fine, with 2 regard to, you know, the number of them, and the 3 scope of them. 4 The problem is the follow-up. 5 Right now, my associates in the town of 6 Oyster Bay can write a boater seven or eight NAV 7 tickets, navigational tickets. We can write 8 somebody seven or eight navigational tickets. 9 That same boater can go down to the town of 10 Hempsted and be cited again. 11 There's no -- there's no -- each one -- every 12 agency keeps track of their own tickets. There 13 is no State database where the tickets are 14 recorded. More importantly, BWIs are not recorded 15 under DMV. 16 So you can have a BWI, and when it's not 17 recorded anywhere, with regard to, you know, your 18 driving record, I understand it's a separate issue, 19 but, a person who boats while intoxicated, I would 20 say, wouldn't have a -- would be likely also to 21 drive while intoxicated. 22 So this is something that -- 23 SENATOR MARCELLINO: He's got to get home. 24 SGT. JOHN T. OWEN: Pardon? 25 SENATOR MARCELLINO: He's got to get home. 1 SGT. JOHN T. OWEN: Yes, sir. 2 Also with regard to, you know, the laws -- 3 the NAV laws that are in place, on the end, it's 4 just like I said, each agency takes -- keeps 5 track of their own tickets. 6 Same thing with BWIs. You know, there's no 7 end -- there's no depository, where the town of 8 Oyster Bay or the Nassau County Police or the 9 New York City Police can say: Well, this guy is a 10 horrible operator. He shouldn't be -- 11 SENATOR MARCELLINO: When you give 12 John Q. Public, or Jane Q. Public, to be politically 13 correct, a ticket, and Jane seems to be under the 14 influence, that ticket stays within your agency? 15 There is no centralized database, so nobody else 16 knows that you gave that person a ticket but your 17 department? 18 SGT. JOHN T. OWEN: No. If we were to lock 19 someone up for BWI, that person, all they have to do 20 is, go -- if they were on the north shore in Oyster 21 Bay, they would go down to the south shore, there's 22 no way for the Coast Guard or the Town of Hempsted 23 Bay Constables to know that that person has a 24 previous arrest for BWI. It's not recorded 25 anywhere. 1 SENATOR MARCELLINO: I see what you're 2 saying. Okay. 3 Because it's -- in the case of a driver, it 4 would be on his license. The points, then they 5 could look it up in the DMV and they would know 6 everything, so that there would be -- there's a 7 common area to pin it to, so you could follow it 8 there. 9 SGT. JOHN T. OWEN: Also, with regard to 10 driving, you know, with a certain number of 11 tickets, there's Scoff laws. And, you know, if 12 you don't pay your tickets, you know, they come 13 and boot your car, or impound your car. 14 Not so with -- you can have numerous 15 tickets, and you could still boat. There's no -- 16 right now, there's no mechanism to discourage 17 people. 18 You know, they go to court, they dispense 19 of -- with the fines, but they can continue to 20 rack them up -- rack tickets up, and operate a 21 vessel. There's nothing -- there's no end -- you 22 know, there's nothing on end, to say, you know, if 23 you get X amount of tickets, or you're cited by, 24 you know, the town of -- I'm using the town of 25 Oyster Bay because we work closely with them -- but, 1 if you're cited by the Town of Oyster Bay, you're 2 cited by the police, after X number of tickets, 3 we're going to impound your boat. We're going to 4 take away your -- you know, I understand they're 5 registered, and so we have -- we can easily do that. 6 I mean, we know who owns the boats. 7 So, that would be something that maybe your 8 Committee could look into, with regard to the -- 9 SENATOR MARCELLINO: So if some way, the -- 10 that wouldn't necessarily tell you who was driving 11 the boat, because people do lend their boats to 12 others, or, the person driving the boat might not 13 be the owner of the boat, as was the case on the 14 4th, apparently, and -- in that accident where the 15 children died. 16 If you applied the tickets to the 17 registration, the boat registration, at the very 18 least, you'd be able to track that boat? 19 SGT. JOHN T. OWEN: Yes. 20 SENATOR MARCELLINO: Not necessarily who was 21 operating the boat at that given time? 22 SGT. JOHN T. OWEN: That's correct. 23 If -- if -- say, for instance, I was 24 operating my friend's boat, and my friend had -- was 25 a reckless operator and had gotten a number of 1 tickets on a number occasions from different 2 agencies, and it was some -- and we ran it, you 3 know, we were able to check either through DMV or 4 some other, you know, interconnected database, then, 5 either the Town of Oyster Bay, the police 6 departments, or whoever, would be able to impound 7 that vessel until either the owner paid the 8 tickets. 9 If -- you know, right now, I don't believe 10 there's a very strong impetus to pay NAV tickets. 11 You know, and I don't think the fine schedule is, 12 you know, really cumbersome. 13 I'm not familiar with them, but I know it's 14 not like Vehicle and Traffic Law tickets. 15 SENATOR MARCELLINO: Okay. So if -- all 16 right, you've opened up an area, frankly, I hadn't 17 even thought about: the inability to track, or, to 18 keep, and get handle on, who's a scofflaw, and isn't 19 in sharing the database. 20 So, we need some type of sharing of 21 information. 22 That's interesting. That's -- you've taught 23 me something today, Sergeant. I appreciate that. 24 SGT. JOHN T. OWEN: You're welcome. 25 SENATOR MARCELLINO: In your opinion, and if 1 I'm putting you on the spot, you can decline to 2 answer: Is there enough enforcement capability out 3 there on the water? 4 SGT. JOHN T. OWEN: Yes, there is. 5 SENATOR MARCELLINO: There is enough 6 enforcement capability? 7 SGT. JOHN T. OWEN: Yes, there is. 8 SENATOR MARCELLINO: In your departments, 9 towns, counties, whatever, you feel it's adequate? 10 SGT. JOHN T. OWEN: Yes. 11 SENATOR MARCELLINO: We've been joined by my 12 colleague in the New York State Senate, 13 Senator Ken LaValle, from the 1st District, who 14 deals with both points, both forks, of 15 Long Island. 16 SGT. JOHN T. OWEN: How are you, Senator? 17 SENATOR MARCELLINO: If you would like -- 18 okay, Assemblyman Montesano. 19 Thank you, Sergeant. Appreciate your time. 20 The Assemblyman has some questions for you. 21 ASSEMBLYMAN MONTESANO: Sergeant, I just 22 wanted to ask you: One of the things that came up 23 earlier in some of the testimony, is the safety-vest 24 issue, that, for so many months out of the year, I 25 believe, November to May, they have to wear safety 1 vests under a certain age on boats, and then the 2 other six-month period they don't. 3 Could you explain that to me, why they might 4 have such a regulation? 5 SGT. JOHN T. OWEN: I'm unfamiliar with 6 the -- I -- if it's -- it's a year-round -- I 7 believe it's a year-round requirement that -- I 8 don't know, I'm not sure of the ages off the top of 9 my head, they have to wear -- if they're aboard a 10 vessel they'd have to wear it. It doesn't -- it's 11 not a month-to-month thing. 12 ASSEMBLYMAN MONTESANO: I know, because the 13 commissioner of Parks had indicated, that if the 14 vessel is less than 21 feet, then, between the 15 cold-water months of November 1st to May 1st, it's 16 not mandatory to wear a life jacket. 17 SGT. JOHN T. OWEN: Well, I'm not familiar 18 with that. 19 ASSEMBLYMAN MONTESANO: Okay. All right. 20 And the other question is: What's your 21 opinion of the fact that people over the age of 18 22 do not need a boater safety certificate to operate 23 boats? 24 You know, do you have an opinion based on 25 your years of experience? 1 SGT. JOHN T. OWEN: Well, I could tell you 2 from my own experience: Years ago, when I first 3 purchased a boat, I took a Power Squadron boater 4 course in Massapequa. It was excellent. 5 Also, I also attended, the Nassau County 6 Police Department gives a boater safety 7 certificate. I attended that. And it was 8 excellent. 9 Along with my other training. 10 It never hurts to, the information. I 11 mean, we got a lot of good people out there. Like I 12 said, you got the Coast Guard Auxiliary, you got the 13 Power -- various Power Squadrons. These are very 14 dedicated people, dedicated to, you know, safe 15 boating. And it can't be overlooked -- that 16 resource can't be overlooked. 17 ASSEMBLYMAN MONTESANO: Okay, thank you very 18 much. 19 Thank you, Chairman. 20 SENATOR MARCELLINO: Senator Martin? 21 SENATOR MARTINS: There's a common theme, I 22 think, in what we've heard so far, and that's, 23 education is key. 24 And I think you testified to that yourself. 25 I have seen some -- perhaps some arbitrary 1 distinctions between different age groups, 2 different types of vehicles. 3 Is it fair to say that requiring some level 4 of education, as a basic condition to operating 5 watercraft, would make a tremendous difference in 6 terms of boater safety? 7 SGT. JOHN T. OWEN: I'd have to -- based on 8 my experience, I'd have to agree with that. 9 Like Mr. Della had said, you can go, 10 tomorrow, to any boat, and buy whatever boat you can 11 afford, register it, put it in the water, and go. 12 That's -- that seems to be problematic. 13 SENATOR MARTINS: I appreciate that. Thank 14 you. 15 No further questions. 16 SENATOR MARCELLINO: Senator LaValle, would 17 you like to -- 18 SENATOR LaVALLE: (Shakes head.) 19 SENATOR MARCELLINO: Assemblywoman? 20 SENATOR MARTINS: No. 21 I learned a lot about the lack of 22 connections with all of this ticketing, which is 23 very interesting. 24 SGT. JOHN T. OWEN: Ticketing and the BWI 25 and, like -- like the end result, there's nothing to 1 discourage somebody from doing that. 2 SENATOR MARCELLINO: Okay. Thank you very 3 much, Sergeant. Appreciate your time. 4 SGT. JOHN T. OWEN: Thank you, Senator. 5 SENATOR MARCELLINO: Our next speaker would 6 be District Commander Lawrence Postel of the 7 U.S. Power Squadrons, District 3 - Long Island. 8 DIST. COMMANDER LAWRENCE POSTEL: Good 9 afternoon. My name is Lawrence Postel -- 10 SENATOR MARCELLINO: No, it's good afternoon, 11 I'm sorry. 12 DIST. COMMANDER LAWRENCE POSTEL: Oh. 13 [Laughter.] 14 DIST. COMMANDER LAWRENCE POSTEL: I was 15 hoping to be first. 16 [Laughter.] 17 SENATOR MARCELLINO: It's about twenty after 18 twelve. We've got to be specific. 19 DIST. COMMANDER LAWRENCE POSTEL: My name is 20 Lawrence Postel, and I'm representing United States 21 Power Squadrons, "USPS," not to be confused with the 22 United States Postal Service who is also "USPS." 23 Some personal background: I've been boating 24 for over 30 years. 25 I am a life member of the United States 1 Power Squadrons, which means I have had 25 years of 2 service, and at least one merit mark for each of 3 those years, making it 25. And you get one merit 4 mark for each year, for providing significant 5 service to the organization. 6 I carry the grade of Senior Navigator, which 7 means I've taken every advanced-grade course, 8 including celestial navigation, and six elective 9 courses offered by the organization. 10 I equate this accomplishment to a Ph.D. in 11 boating safety. 12 I have not pursued a captain's license 13 because my boat and I are not for hire, but I do 14 volunteer my time to teaching safe boating for the 15 organization. 16 Currently, I am the commander of District 3, 17 and responsible for overseeing the 18 squadrons on 18 Long Island, covering the area from Brooklyn to 19 Montauk Point. 20 Who, and what, is the "United States 21 Power Squadrons"? 22 It's still the best-kept secret. 23 It's a national organization covering the 24 entire United States, including Puerto Rico and 25 Hawaii. It's made up of 33 districts, with 1 District 3 being one. 2 Our mission is to teach safe boating, 3 starting with the basic ABC course, and later 4 followed by advanced-grade and elective courses. 5 Our ABC course is both 6 U.S. Coast Guard-approved and National Safe 7 Boating -- National State Boating Law 8 Administrator-approved. 9 I have -- we have signed an "MOU," a 10 memorandum of understanding, with the State of 11 New York, and we are one of three organizations 12 qualified to issue the certificate of completion, 13 recognizing that a student has taken a safe-boating 14 course. 15 Initially, we only offered our ABC course to 16 the public. You had to become a member of the 17 organization to take further courses. 18 Recently, the USPS changed its philosophy, 19 and opened some of our advanced-grade and elective 20 courses to non-members. This change was brought 21 about to fulfill an identified need to further our 22 public education offerings. 23 We've also developed an on-the-water training 24 class, featuring classroom sessions and hands-on 25 environment aboard a vessel. 1 Any member of USPS is teaching a public 2 course, must be certified by the United States 3 Power Squadrons. They must maintain this 4 certification by attending recertification classes 5 on a regular basis. 6 Why did USPS make these changes to offer 7 more public courses? 8 It came to our attention, while the USPS 9 ABC course is a premier course offering tremendous 10 value to the student, it only offers the basics, 11 and you need more than that to be a competent, safe 12 boater. 13 To support this concept, I will compare 14 piloting a boat to driving a car. 15 The traffic lanes are not marked and easily 16 viewed white lines, but by a buoy system that can 17 have significant distance between successive 18 buoys. 19 I've tried to paint those white lanes each 20 time I go out, but they constantly disappear. 21 There are no entrance and exit lanes to enter 22 or leave a lane -- traffic lane. 23 There are no traffic lights to control the 24 traffic. 25 Boaters depend upon rules of the road, 1 common sense, and courtesy to prevail. 2 There are no shoulder lanes to pull off, to 3 wait out sudden storms or fog which may pop up at 4 any moment due to sudden weather changes. 5 There are no street lights to light the way 6 for night boating. 7 There are no headlights on boats. 8 While search lights are available, they are 9 not used while on the way. If someone uses a search 10 light constantly, you will blind other boaters. 11 Boaters depend on moonlight, ambient light, 12 and vessel-markings' light to navigate the 13 waters. 14 While we cover these basics in our 15 above-basic boating course, we cannot get into 16 detailed lectures on these topics. 17 The United States Power Squadrons fully 18 supports all efforts to mandate that every 19 boater take at least the basic boating class. 20 We further suggest that New York State 21 consider some combination of at-home computer 22 learning, augmented by the classroom instruction, as 23 part of the 8-hour classroom requirement currently 24 required by the State. 25 We would like to offer our CD we provide to 1 each student with the ABC course material as an 2 example of this computer learning. 3 We recommend that the implementation of any 4 legislature [sic] receive careful consideration as 5 to instructor and material availability. 6 The last thing we would like to see is 7 legislation passed and services not being able to be 8 provided. 9 Please do not legislate anything that will 10 allow individuals to fill their pockets with 11 money, and send people out on the water with a false 12 sense of security, to satisfy a mandated 13 requirement. This will not accomplish the intent of 14 the educating boaters to reduce the needless 15 accidents and death. 16 The United States Power Squadrons stands 17 ready to help and design and implement a process 18 that will be viable to meet the demand and meet the 19 requirements of educating the public. 20 I would like to thank Senator Marcellino 21 for -- and the State Senate Committee, for the 22 opportunity to voice our opinion on boater 23 education, and help in any way we can. 24 I would like to add, there were a couple 25 little comments: 1 I would like to see that there be -- there is 2 an insurance incentive for taking a safe-boating 3 class. It usually is about 10 percent offered by 4 insurance companies. 5 We would also like to see, if you take 6 advanced courses, that number increase. That would 7 encourage people to take more and more education. 8 As an example: My boat is insured by the 9 New York State Power Squadrons' insurance company, 10 and, because I have the senior navigator, I'm 11 receiving a 45 percent discount in my premiums. 12 And, they augment, and go up, the more and more I 13 learn. 14 There is no more for me to learn, so I can't 15 get any bigger discount. 16 I did notice some things here, that some 17 people were confusing registration with licensing. 18 You must register a boat in New York State in 19 order -- as long as it has a motor on it. 20 That is not a license to operate it. That's 21 just a way of tracking that there is a boat on the 22 water, and paying New York State a fee. And those 23 fees do change by the size of the boat. 24 My registration fee just came up. It's for 25 three years, it was $95. 1 Okay? 2 So that covered a three-year period. 3 No, it does not run commensurate with that 4 registering my automobile, which is much, much more. 5 All right? 6 The other thing that was mentioned by the 7 State, in that, the various laws, the State does 8 trump federal requirements. 9 Federal requirements say that you have to 10 be 14 years of age. If you are 14 years of age, 11 or younger, on a boat, you must wear a life jacket 12 while contained in a cabin. 13 New York State mandates 12. That law 14 trumps federal law. 15 All right? 16 So, in New York State, when we teach the 17 courses, we say you must be 12 and -- if you're 12, 18 and under, you must have a jacket on. 19 Okay? 20 SENATOR MARCELLINO: A jacket is worn inside 21 a cabin, and outside? 22 DIST. COMMANDER LAWRENCE POSTEL: There is -- 23 according to the law, the way it reads: If a child 24 is riding within the cabin of a cabin boat, they do 25 not have to wear the life jacket. 1 If they are outside the cabin -- in the 2 cockpit area or up on a fly bridge -- or any part of 3 the open boat -- then you must wear that life 4 jacket. 5 So, inside the cabin, it is not mandatory. 6 I'm not going to get into it, and I'm not 7 allowed to give my personal opinion on that, but, a 8 life jacket is a life jacket, okay, and a child is a 9 child. 10 Sitting alongside of me is Larry Weiss, who 11 is the representative of -- New York State 12 legislative representative for the Power Squadron. 13 I know he has a couple of other points to 14 make. 15 If any of you would like to question me, 16 please shoot your questions at me. 17 SENATOR MARCELLINO: We're going to hear 18 Mr. Weiss first, before you do that. 19 And he is the New York State Legislative 20 Liaison to the U.S. Power Squadron. 21 So, Mr. Weiss? 22 LARRY WEISS: Okay. 23 I have submitted some very extensive written 24 testimony. I'm not going to go through all of that. 25 I just want to make a couple of points. 1 SENATOR MARCELLINO: God bless you. 2 LARRY WEISS: Thank you. 3 So -- but, first of all, in addition to other 4 qualifications, I need to say that, my family and 5 I boat right here in Oyster Bay. I'm the past 6 commander of Oyster Bay Power Squadron. This is our 7 community. 8 We were out at the fireworks show that 9 night, July 4th, and I'm sure as the emergency 10 operations were going on. 11 And, I have to tell you that this community 12 is still reeling from this tragedy. It is talked 13 about every day, and a lot of people are very 14 concerned. 15 And from that place, on behalf of 16 United States Power Squadrons, and my family, and 17 myself, and fellow boaters here in Oyster Bay, I do 18 wish to extend our most sincere condolences to 19 anyone and everyone who has experienced a loss due 20 to a boating tragedy, whether recently or in years 21 past. 22 These accidents deeply touch all of us who 23 enjoy the water, but we can only imagine the pain 24 and anguish one must feel upon suddenly losing a 25 loved one who was simply engaged in the enjoyment of 1 what is otherwise one of New York State's most 2 delightful recreational experiences. 3 So, I currently serve as United States 4 Power Squadrons' New York State legislative liaison. 5 I report to the national United States Power 6 Squadrons' Government and Partner Relations 7 Committee. 8 It's my responsibility to provide 9 United States Power Squadrons' resources, 10 information, and guidance to any state legislator 11 who's exploring or involved with any legislation 12 that might be related to recreational boating. 13 My job also includes working closely with 14 any legislator interested in boating safety and 15 education, and to report any state legislative 16 activities that may be related to recreational 17 boating back to my committee, the Government and 18 Partner Relations Committee. 19 To this end, I would like all of you to know 20 that I am at your disposal, and through me, the 21 resources of United States Power Squadrons. 22 I want to cover a couple of points from 23 United States Power Squadrons and our Committee, 24 much of it reiterates what Commander Postel talked 25 about, but I want to elaborate on a couple of 1 things. 2 United States Power Squadron members 3 support state mandatory recreational boater 4 education, that at the very least, meets "NASBLA" 5 standards; National Association of State Boating Law 6 Administrators. And that includes proctored 7 examinations. 8 We say "at the very least," because 9 NASBLA-approved courses barely scratch the surface 10 of education truly needed to operate a vessel in a 11 safe and confident manner. 12 United States Power Squadrons encourages 13 every recreational boater to continue their 14 education on an ongoing basis, gaining knowledge in, 15 if not mastering, seamanship, piloting, navigation, 16 handling, weather, electronics, engine 17 maintenance, and more. 18 Boats and boat operations are complicated, 19 far more so than automobiles. There are many 20 aspects to safe boating. They simply cannot all 21 be covered in a basic 8-hour NASBLA-approved course. 22 And all of these aspects are important for the safe 23 operation of a recreational boat. 24 United States Power Squadron members are 25 concerned about the manner in which mandatory 1 education is introduced to the public. 2 If not carefully phased in over time, and 3 you've heard this already, the sudden demand could 4 very well overwhelm the current available resources 5 of the Power Squadron, the Coast Guard Auxiliary, 6 Parks Department, and other teaching organizations. 7 We have to do this very carefully. 8 United States Power Squadron members 9 believe that any state licensing of recreational 10 boat operators should be based on strong 11 educational requirements. 12 U.S. Power Squadron members are not in favor 13 of recreational boat-operator licensing as a revenue 14 generator for the state. That should not be the 15 purpose of doing this. 16 USPS members will continue to provide 17 education support in all states of the 18 United States. 19 About BUI: Beyond agreeing that boating 20 under the influence is a very serious matter, and we 21 certainly take it very seriously, United States 22 Power Squadron members do not take a position on 23 the specific determination or penalty aspects of 24 boating under the influence. These are 25 state-by-state issues. 1 However, and we teach this in our basic 2 safe-boating class, we would advise this Committee, 3 and all State legislators, to be aware that drugs 4 and alcohol can affect boaters in ways that they 5 might -- in more ways than they might affect 6 others who are not on the water. 7 Not only can alcohol and drugs affect 8 judgment, clear thinking, and reflexes, they can 9 also affect one's ability to survive if he or she 10 falls overboard, or otherwise finds him or herself 11 in the water. 12 It can also make much worse a phenomenon 13 known as "boater's fatigue." This is a drunk-like 14 condition that research shows can result from 15 overexposure to noise, vibrations, sun glare, 16 wind, and water motion that one would normally 17 experience on the water. 18 United States Power Squadron members 19 believe wearing personal flotation devices should be 20 mandatory for everyone age 12 and under. 21 That is the rule here in New York State, and 22 we're glad for that. 23 USPS members further support requiring the 24 wearing of PFDs while underway, drifting, or at 25 anchor, for everyone on board small open boats, thus 1 potentially increasing a person's chances of 2 surviving small-boat accidents, to death by 3 drowning. 4 The rest of my testimony you have. 5 I would like to cover -- make two very quick 6 points: 7 We do not necessarily believe that 8 safe-boating courses should be taught in one 8-hour 9 sitting. 10 Most of these courses, at least the basic 11 8-hour course, is designed to be taught over four 12 2-hour sessions, giving opportunity for students 13 to do homework, read the text, absorb the material. 14 Sitting through one long 8-hour course, 15 I mean, we're sitting through a couple-of-hour 16 hearing today, and it's going to get tiring. 17 Imagine sitting through a full day of this 18 stuff, trying to absorb it, and then go boating. 19 We encourage that these classes be taught 20 over many sessions. 21 The other piece, which is a slight tangent, 22 but it needs to be mentioned: It's my 23 understanding, based on a report from the Boat U.S. 24 organization -- Boat Owners Association of 25 United States -- that among the top ten boating 1 states, all of them, except New York State, 2 earmark for boating purposes, taxes collected on the 3 sale of boat fuel. 4 As I understand it, fuel taxes paid by 5 New York State boaters go to a general fund that 6 covers highway improvements, even though boats 7 don't run on highways. 8 And we would like to suggest that monies 9 collected by New York State from taxes on boat fuel, 10 may be even sales taxes on boat purchases and marine 11 supplies, go to be earmarked for a fund for boating 12 purposes. Such a fund could pay for the 13 administration of the types of mandatory education 14 that we're talking about. 15 It could also provide grants to increase 16 boating safety, such as providing new boats and 17 staffing for marine police bureaus, 18 bay constables, fire departments, dive teams, 19 plus new pump-out facilities, launch ramps, 20 environmental aspects, and more. 21 So, we just want to make you aware of that; 22 there's funding right now in the boating world 23 that's going to the highway world, that might be 24 better served taking care of the issues that we're 25 discussing today. 1 And I want to thank all of you for hearing 2 us, and hearing what the United States Power 3 Squadrons has to say. 4 SENATOR MARCELLINO: I thank you both. 5 Just to emphasize one of your points, 6 according to the Coast Guard statistics that I 7 referred to earlier: 8 Only 11 percent of the deaths occurred on 9 boats where the operator had received boating safety 10 instruction. 11 Only 7 percent of the deaths occurred on 12 vessels where the operator had received boating 13 safety instructions from a NASBLA- -- or the 14 National Association of State Boating Law 15 Administrators- -- approved course provider. 16 So, obviously, it is a very effective program 17 in protecting lives and property. 18 Let me, if I might, just ask you the same 19 question I asked the sergeant and the commissioner 20 and people before you: In your opinion, are the 21 laws strong enough? 22 The laws that exist today, are they strong 23 enough to protect the public? 24 DIST. COMMANDER LAWRENCE POSTEL: The laws 25 that we currently have are State-mandated laws, and 1 the Power Squadron really can't comment on those. 2 But, as a State person, I will say the laws are 3 not strong enough. 4 Okay? 5 That's my personal opinion. 6 LARRY WEISS: I would add, that 7 New York State has extensive boating regulations, 8 and -- 9 SENATOR MARCELLINO: They're expensive too. 10 LARRY WEISS: Yeah. Sometimes, yeah. 11 But the issue, really, is not so much about 12 the boating regulations, following this -- you know 13 this rule or that rule, about how to conduct one's 14 self on the water. The issue is about boaters 15 understanding, being aware of, and following those 16 regulations. 17 In addition, there's something we call the 18 "three Cs," when we teach our boating course: 19 courtesy, caution, and -- 20 Oh, my goodness, my brain just fried. 21 DIST. COMMANDER LAWRENCE POSTEL: Common 22 sense. 23 LARRY WEISS: -- and common sense. 24 Thank you. 25 SENATOR MARCELLINO: At least you didn't say 1 "Oops." 2 [Laughter.] 3 LARRY WEISS: Right. Yeah, that's right. 4 Courtesy, caution, and common sense: You 5 can't legislate courtesy, caution, and common sense, 6 and we can try to teach it in a class, but we can't 7 instill it. That's a societal thing, and it seems 8 to be getting weaker and weaker. And, we see it on 9 the water as boaters get a little crazier and 10 crazier. 11 SENATOR MARCELLINO: One more question, the 12 enforceability: Do you feel that there is adequate 13 enforcement capability out there on the water today? 14 DIST. COMMANDER LAWRENCE POSTEL: Personally? 15 No. 16 There is -- I think what we need to do, is 17 take a look at the number of boats that are 18 registered in New York State, and compare that to 19 the number of officers, or different form. You 20 have the bay constables out there, the towns 21 have State constables out there, and, the county 22 and -- there's actually the two counties, Suffolk 23 and Nassau, both have people out there on the 24 boats. 25 But it is not -- if you look at a per-capita 1 basis, it's nowhere near the number of officers that 2 are patrolling the roads. 3 Okay? 4 And an officer did tell me, at one point in 5 time, you cannot just stop a boat for any old reason 6 and ask to do an investigation. There has to be a 7 reason. 8 They have to either see no registration on 9 the boat, possibly erratic operation of the boat, or 10 doing something totally wrong. 11 But you just can't ride along the water, and 12 say: You, I want to board the boat and take a look 13 at it. 14 Okay? 15 So, we need to look at some of those things. 16 And, again, that the Power Squadron can't get 17 involved in that because we're a national 18 organization, and these are state-regulated things. 19 So -- 20 LARRY WEISS: I willed add, here in 21 Nassau County, we have a couple of police boats that 22 are responsible for the north shore of 23 Nassau County. That's from the Queens line, to 24 Huntington. 25 It can take an hour, hour and a half, to get 1 from one end to the other. 2 If someone's in distress, it takes a long 3 time, sometimes, for those involved in public safety 4 to arrive on the scene. 5 We encourage boaters to also stand by. I 6 think we've a -- sort of a rule about -- a 7 Good Samaritan-type rule, that, we must come to the 8 aid of boaters in distress, as long as it does not 9 endanger anyone on our boat or our vessel, because 10 it can take a lot of time for help to arrive 11 sometimes. 12 It would be nice if some of that help was a 13 little closer by. 14 SENATOR MARCELLINO: Senator Martins? 15 SENATOR MARTINS: No. Thank you. 16 SENATOR MARCELLINO: Let Kenny go. 17 Ken, go ahead. 18 SENATOR LaVALLE: Thank you. 19 Two points, if you could react to it: 20 Do we have the educational infrastructure to 21 meet a demand should the Legislature mandate an 22 education requirement? 23 DIST. COMMANDER LAWRENCE POSTEL: It would 24 have to be ramped up, I believe. 25 Okay? 1 It depends upon us -- that's why I said, we 2 would love to be part of the implementation plan, so 3 that both the State and us, and the other 4 instructors that could do it is the Coast Guard 5 Auxiliary, that between us, that we could determine: 6 Will we have this? 7 Because the last thing you want to do is 8 mandate something that we can't officiate and make 9 happen. 10 So, I -- I cannot answer the question 11 definitively, but I will say, I think we could be 12 lacking, if it was implemented too quickly, and too 13 fast, to meet it. 14 And that has happened in other states. I 15 will not mention the states, but, there were other 16 states that implemented things, and they did not 17 have the forces to teach the people in time, and 18 there was screaming, ranting, and raving. 19 SENATOR LaVALLE: You would need a couple of 20 years? 21 Two years? Three years? Five years? -- 22 to -- 23 DIST. COMMANDER LAWRENCE POSTEL: I would say 24 a couple of years. But, again, what we need to do 25 is look at the demographics of what we're going to 1 try and do, where we're going to do it. 2 I'm here on Long Island. But you do this for 3 the state, you got to realize that covers the 4 lakes, the rivers, throughout New York State. 5 So, Lake George, and all of the other lakes, would 6 be covered by this. 7 Again, that has to be looked at: What is it 8 like in that area? 9 I can speak for Long Island, for this area, 10 but I'm not too sure about the other areas. 11 So I think a working committee is also 12 important to getting the legislation passed. 13 SENATOR LaVALLE: Mr. Weiss mentioned 14 something, and I chuckled, because I underlined it, 15 and I wanted to just ask your reaction. 16 Commander Postel, you made a point; you said: 17 Boaters depend on rules of the roading, common 18 sense, and courtesy to prevail. 19 You reinforced that, your remarks. 20 So, what are we looking at? 21 Do most people follow rules of the road, 22 are courteous, use common sense? 23 Or, is it just a bunch, a small percentage of 24 cowboys out there? 25 Mr. Weiss mentioned something that I think 1 is dead on; that our society now is at a point where 2 people seem -- rules of the road are not as 3 important as they once were in other society. 4 So, what are we dealing with? 5 A small percentage or a large percentage? 6 DIST. COMMANDER LAWRENCE POSTEL: We're 7 dealing, a small percentage of the people out there, 8 and you heard it. 9 I will tell you, that 10 percent of the 10 boaters that are on the waters have taken a 11 safe-boating class. 12 Without having taken a safe-boating class, 13 you've got no knowledge of rules of the road. You 14 don't know what it is. 15 Which way do you pass, meeting vessels? -- 16 things like that, are all things that you need to 17 understand when you're operating a boat. 18 And only 10 percent of the people on the 19 water know that. 20 And I'll tell you, of the rest of the people 21 out on the water, there's probably zero common 22 sense. 23 All right? 24 LARRY WEISS: Or less. 25 DIST. COMMANDER LAWRENCE POSTEL: Or less. 1 Common sense does not prevail. 2 And there is a -- like an unwritten rule, 3 which is kind of ridiculous, but, bigger is 4 mightier. 5 Okay? 6 A bigger boat always appears to be mightier 7 than a smaller boat. 8 So when I come up against a big huge ferry, 9 there's no way I'm going to challenge what he's 10 doing. Whether he's right or wrong, I'm backing 11 down. 12 There are people out there that won't back 13 down. 14 SENATOR LaVALLE: I know that firsthand, 15 because my craft is 14 1/2 feet. It's called a 16 "kayak." And, so, I know that firsthand. 17 Thank you, Senator Marcellino. 18 SENATOR MARCELLINO: Senator LaValle has the 19 only powered kayak in the state. 20 [Laughter.] 21 SENATOR MARCELLINO: Senator Martins. 22 SENATOR MARTINS: Thank you. 23 Just to follow up on a question that 24 Senator LaValle just posed, or a comment: I sense 25 that education is a key component to what you're 1 advocating today. As a basic, even if it's just an 2 8-hour course, it's better than nothing. And, 3 certainly, the status quo with no education is not 4 an option. 5 Would that be fair? 6 DIST. COMMANDER LAWRENCE POSTEL: Yes. 7 LARRY WEISS: Yes. 8 SENATOR MARTINS: Commander, you mentioned 9 that you've been boating for 30 years. 10 And, I would expect that over the last 11 30 years, there's been a dramatic increase in 12 number of boats and boaters on the waters, 13 especially around -- in and around Long Island. 14 Would that be fair? 15 DIST. COMMANDER LAWRENCE POSTEL: Yes. 16 SENATOR MARTINS: So, with the accessibility 17 of boats, with more and more people purchasing a 18 boat and using it, besides adding an educational 19 component or a licensing component, are there any 20 other recommendations that we should be focusing on 21 in terms of providing for safety? 22 DIST. COMMANDER LAWRENCE POSTEL: I can't 23 really think of any at the moment. 24 But I would like to say, that what we were 25 saying about insurance, and things like that, to 1 make people want to take more courses, because you 2 got to put a little bait on the hook. 3 Okay? 4 And if you -- once you hook them, then you 5 can try to say: Well, if you take more courses, we 6 can get a -- you could receive a reduction from your 7 insurance company. 8 So, the State needs to work with the 9 insurance companies, to provide that. 10 And as I said, the Power Squadrons offers 11 me a 45 percent discount for taking all of the 12 courses that I did, over someone who did not take 13 any courses. 14 SENATOR MARTINS: You know, we are -- I am 15 loath to creating another layer of infrastructure, 16 another State mandate, requiring people to do 17 certain things and restricting people's abilities to 18 do certain things. 19 But this seems, to use your own phrase, 20 common sense; that, you know, the equivalent and 21 alternative in our world, for most of us here, is to 22 give the keys to your car to, you know, your 23 16-year-old, or 17-year-old, and say: 24 Congratulations, you just turned 16. Here are the 25 keys, go. 1 Not understanding the rules of the road, 2 not understanding the basics of stopping, 3 starting, lane mergers, lane changes; just, "Here 4 are the keys, and go." 5 And it appears very much, like, the rules 6 and regulations currently in place, and the 7 structure currently in place, for boating, is very 8 much that way; without there being any requirements 9 for proper education, formal education, learning the 10 rules of the road, and, making sure that people 11 have a basic understanding, to the extent that there 12 isn't common sense, to the extent that there isn't 13 common courtesy, a basic understanding of what they 14 should be doing out there. 15 Fair? 16 DIST. COMMANDER LAWRENCE POSTEL: Yes. 17 LARRY WEISS: Yes. 18 SENATOR MARTINS: Thank you. 19 LARRY WEISS: There is something to add to 20 that, if I may -- 21 SENATOR MARTINS: Sure. 22 LARRY WEISS: -- is that, a very big 23 difference between operating a boat, operating a 24 car. 25 SENATOR MARTINS: Of course. 1 LARRY WEISS: As Commander pointed out, you 2 know, driving an automobile, you have roadways, 3 you have traffic lights. You have, if need be, 4 police directing traffic. It's easy to do, because 5 cars stay on the road and follow the lanes. 6 It's very easy to direct. 7 On the water, it's very hard to communicate 8 what is needed, from law enforcement to a large 9 group of boaters. 10 It's very hard to direct traffic, or redirect 11 traffic, or detour traffic. 12 A boat is kind of an isolated little world. 13 And, the operator of a boat, or the captain of the 14 boat, if you will, has a tremendous responsibility 15 to everyone else on the water, to the safe operation 16 of everybody else on the water, to everybody that is 17 on board their boat. 18 And, that responsibility requires that they 19 know what to do, because it's very hard for law 20 enforcement, or any other type of safety rule that 21 you guys might want to put into law, it's very 22 hard to communicate to that, to an individual. 23 Once they're out on their boat, they're on 24 their own. 25 SENATOR MARTINS: And that just highlights 1 the need. 2 LARRY WEISS: Yeah. 3 ASSEMBLYWOMAN GALEF: Thank you. 4 SENATOR MARCELLINO: Sandra? Mike? 5 ASSEMBLYWOMAN GALEF: Just -- yes, just two 6 quick questions, one of which was brought to my 7 attention, that, maybe, within the 8-hour 8 boat-safety course, that there might be, if you're 9 going to be using your boat, particularly in the 10 New York City area, and so on, that maybe there's a 11 different highlight within that course, than 12 something you might use elsewhere. 13 Do we do that in our course? 14 Do we think about where the boater is maybe 15 going to spend most of their time boating, and the 16 course is tailored to those kinds of needs, which 17 might be a little different? 18 DIST. COMMANDER LAWRENCE POSTEL: In general, 19 as you teach throughout, we'll say, [unintelligible] 20 course, you're teaching at various different points 21 on Long Island, so you're addressing students that 22 come from that area. 23 But one of the main questions that I always 24 ask is: Where are you going to boat? 25 And a prime example is, the difference 1 between the north shore and the south shore. 2 On the south shore, you're boating in very, 3 very shallow waters, but it's only a sandy bottom. 4 And if you ground the boat, you're not going to do a 5 lot of damage. 6 ASSEMBLYWOMAN GALEF: Right? 7 DIST. COMMANDER LAWRENCE POSTEL: You go up 8 on the north shore, and you go anywhere near the 9 rocks, you're going to put a big hole in the boat. 10 So, there is a difference as to where you're 11 boating, and that. 12 If you're boating in New York City -- I've 13 been around Long Island four times -- and you get 14 into Manhattan, there's a whole different traffic 15 situation. I mean, you're dealing with barges and 16 huge ships coming in and coming out of -- under 17 the Verrazano Bridge. 18 So, that is something, you know, we do teach 19 it, but, until you see it, it's a very difficult 20 thing to understand. 21 LARRY WEISS: There are also differences in 22 laws. We were talking before about state trumping 23 federal, trumping local. 24 New York State law, for example, requires 25 that vessels operate at a no-wake speed within 1 100 feet of a dock, the shore, swimming areas, 2 another boat that's anchored, for example. 3 In the town of Oyster Bay, the law is 4 200 feet. 5 And, so, when we teach in Oyster Bay Power 6 Squadron here, we need to remind boaters that it's 7 200 feet. 8 So, it does get tailored. 9 And we also have something called the 10 "U.S. Navigation Aid System," and the 11 "Inland Waterways Navigation System." 12 We don't teach inland waterways extensively 13 here on Long Island, because we're using the main 14 navigational aids. 15 But in Lake George, or some of the other 16 inland waters, they might teach the different 17 navigational-aid systems with emphasis. 18 So, there are differences. 19 ASSEMBLYWOMAN GALEF: Right. Okay, thank 20 you. 21 My other question is actually about 22 Lake George, and other places. 23 What do we do with the tourism industry? 24 As I was working on crafting legislation, one 25 of the issues is: Okay, tourism. Lakes, people 1 go to Lake George for the week, and they want to go 2 out on a boat, and so on. 3 And how do we deal with people having to have 4 boat safety courses in situations like that? 5 Are there other states that have good 6 examples of what they've been able to accomplish? 7 I'm sure people go to Florida and go out 8 on a boat without some experience. 9 What do you suggest? 10 LARRY WEISS: Well, there are a couple of 11 aspects. 12 The first is, the accident we had on 13 Lake George was a commercial operation, which 14 United States Power Squadron doesn't really 15 involved. We're more involved with recreational 16 boating. 17 However, as far as recreational boats go, 18 if anyone is to rent a boat -- whether you're on 19 Lake George, as a tourist, you can rent a boat right 20 here in Oyster Bay and go fishing -- the person who 21 is renting the boat has the responsibility, right, 22 to make sure that there are enough life jackets on 23 the boat, that the boat is meeting all of the 24 requirements. 25 And, in this case, if education is mandated, 1 that would be part of the mandate: The person 2 renting the boat needs to have that certification. 3 That's what we would recommend. 4 DIST. COMMANDER LAWRENCE POSTEL: Where 5 that -- actually, where that also falls into very 6 quickly, is these personal watercrafts. 7 All right? 8 If you go to rent a personal watercraft, it's 9 the obligation of the renter to check to see that 10 you have had a safe-boating course. 11 And if you haven't had one, they are 12 obligated to give you one. It might be a four-hour, 13 quick, one, two, three, class in, but they are 14 obligated to give you one before you can actually 15 rent that boat. 16 SENATOR MARCELLINO: Senator? 17 ASSEMBLYMAN MONTESANO: Thank you, Senator. 18 I just want to ask, you touched on a moment 19 ago, about the navigational aids, and things of that 20 nature. 21 So, not being a boater, if you could explain 22 to me: So, you educate people who operate in the 23 waters here. On Long Island and New York City, 24 you said has its own situation, with cruise ships 25 coming in and out, cargo ships. 1 But, are the rules of the waterways the 2 same, whether it be a river, the ocean, or anything? 3 DIST. COMMANDER LAWRENCE POSTEL: Yes. 4 Well, the rules are basically the same for 5 the buoy system, okay, within the inland waters. 6 Okay? 7 Red, right, return; which way are you going? 8 Returning from sea, going to sea? 9 Those are all things that you need to 10 understand, and those are the lane dividers of how 11 a boat is run. 12 These markers do change in color. There 13 are different things. There are yellow markers 14 meaning something different. White markers 15 meaning something different. 16 No clamming, no fishing, doing things like 17 that, there are restrictive-type markers out 18 there. 19 ASSEMBLYMAN MONTESANO: But -- so what 20 situation would we've to address? 21 Because you indicated that places like 22 Lake George, and other places up in north country, 23 may have different situations. 24 So, we have to create a course that's going 25 be universal throughout the state? 1 LARRY WEISS: It is universal. 2 DIST. COMMANDER LAWRENCE POSTEL: It's 3 universal. 4 But what I was referring to, I think, was 5 that I cannot attest to what is -- how many 6 instructors are available in Lake George area, what 7 was the material that would be available. I'd have 8 to even -- that's outside of Long Island, so I'd 9 have to see whether the United States Power 10 Squadrons has a district that covers Lake George. 11 LARRY WEISS: We do have a Lake George -- 12 ASSEMBLYMAN MONTESANO: But suffice it to 13 say, though, the basic 8-hour course would apply to 14 a boater, even if he gets certified here in Nassau, 15 and he goes somewhere in upstate New York, he could 16 still operate, and the rules would be the same? 17 DIST. COMMANDER LAWRENCE POSTEL: Yes. Yes. 18 ASSEMBLYMAN MONTESANO: Thank you, Senator. 19 LARRY WEISS: The material is there. We just 20 made place in the classroom, extra emphasis on 21 what's going on locally, because it's where boaters 22 are going to boat. 23 ASSEMBLYMAN MONTESANO: Right. Thank you. 24 Thank you, Senator. 25 SENATOR MARCELLINO: Thank you, gentlemen. 1 Appreciate your time, and appreciate your coming up 2 for the testimony. 3 DIST. COMMANDER LAWRENCE POSTEL: And before 4 I leave, I have a present for you. I will leave it 5 with you. 6 This is a little flyer, with a picture of 7 Long Island, showing where all the squadrons are. 8 On the back, it's our advanced-grade courses. 9 This is the material that we teach. 10 Okay? 11 I'm giving you a divider and a plotter. 12 In addition to the base course, which is 13 8 hours, we offer another 4 hours worth of 14 teaching, to show you how to plot courses on a piece 15 of paper. 16 And today what's happened is, the world has 17 become electronic. And they suddenly think: Oh, I 18 got my GPS, I got my chart plotter. 19 But they forget one little thing: The fuse 20 blows, you got nothing. 21 LARRY WEISS: Right. 22 DIST. COMMANDER LAWRENCE POSTEL: Okay? 23 So we teach you how to plot that on a piece 24 of paper, so that if something happens, you can get 25 back home. 1 SENATOR MARCELLINO: I'll accept it for the 2 Committee as long as it's not worth more than $25. 3 [Laughter.] 4 DIST. COMMANDER LAWRENCE POSTEL: I paid it. 5 SENATOR MARCELLINO: Thank you very much. 6 DIST. COMMANDER LAWRENCE POSTEL: Thank you. 7 SENATOR MARCELLINO: The next speaker will be 8 Chris Squeri, the executive director of the 9 New York State Marine Trades Association. 10 CHRIS SQUERI: Good afternoon, 11 Chairman Marcellino, Senator Martins, 12 Assemblyman Montesano, Assemblywoman Galef, and 13 Senator LaValle. 14 My name is Chris Squeri. I am the executive 15 director of the New York Marine Trades Association. 16 On a personal note, I am a lifelong boater. 17 Been on a boats since I'm two years old. I was 18 taught the rules of the road by my father, and, 19 friends and family have learned the water. I live 20 on the water, and I enjoy the water very much. 21 So, I practice what I preach. 22 And I can answer that "under 21 feet" 23 question with the life jackets for you, when you're 24 ready, so... 25 The NYMTA was founded in 1928, and is the 1 oldest marine trade association in the country. We 2 represent marine businesses, from Montauk, to 3 Staten Island, to Westchester. We operate the 4 Long Island Boat Show and Tobay Beach In-Water Boat 5 Show. 6 The NYMTA is also a member of the 7 Empire State Marine Trade Association, which is also 8 called "ESMTA." 9 Our mission is to promote the general welfare 10 of the marine industry, and to advance the safe and 11 proper use of boats, marine accessories, and 12 facilities through any and all means consistent 13 with the public interest and welfare. 14 At NYMTA shows, we provide free space to both 15 the U.S. Power Squadron and the U.S. Coast Guard 16 Auxiliary to promote safe boating and education. 17 The NYMTA, along with the ESMTA, has worked 18 with the Legislature in proved boating safety, 19 compel increased use of life jackets and flotation 20 devices, and to establish stiff penalties for BWI, 21 and, leaving the scene of a boating accident. 22 In this regard, we have supported several 23 pieces of legislation in these areas, many of 24 which have become law. 25 I appreciate the opportunity to testify 1 today, about the current laws and regulations on 2 boating safety in New York State. 3 New York is a safe-boating state. 4 As the hearing notice indicates, recreational 5 boating has, and continues to be, an important part 6 of New York State's recreational landscape. 7 New York is among the states with the highest 8 number of vessels, with about 470,000 registered 9 boats, and many other vessels, like canoes, 10 kayaks, and rowboats, that do not require 11 registration. 12 22 percent of the total registrations, or 13 about 105,000 vessels, are in Nassau, Suffolk, and 14 New York City. 15 Registration fees and surcharges for 16 motorized vessels generate about 6 million in 17 revenue to State each year, with a portion of those 18 collections going to localites for marine and law 19 enforcement. 20 In 2011, more than 2.1 million was provided 21 to 45 counties, 6 municipalities, and the 22 Lake George Park Commission for marine law 23 enforcement. 24 It is to be noted that that money is capped, 25 per county, at, I believe, 200,000 now. 1 So, even though a county may have a bulk of 2 the registrations, they still get capped, so, they 3 have to do more in those counties. 4 Nassau and Suffolk are the ones -- Suffolk is 5 number one in registrations; Nassau, number two. 6 So, those counties are capped. Meanwhile, 7 they're -- you know, they get shortchanged a little 8 bit on that funding. 9 While some media reports indicate 10 Long Island County Marine Enforcement Bureau's 11 resources are stretched and may be understaffed, it 12 is important to note that these agencies are not the 13 only ones paroling the waters. 14 In addition to the county marine bureaus, 15 there are also town bay constables, U.S. Coast 16 Guard, and State DEC officers, and in some cases, 17 New York State Park Police and/or local village 18 police that also engage in marine enforcement. 19 So, there is -- it is common for a boater to 20 be stopped two or three times in a day to get 21 checked. 22 I have been checked for no cause whatsoever, 23 and, you know, checked for safety. Make sure I have 24 my life jackets, my flares, my horn, you know, 25 all the devices that we need to have on a registered 1 vessel. 2 U.S. Coast Guard and New York boating 3 statistics demonstrate that recreational boating 4 has an exemplary safety record, and that over time, 5 boating accidents, injuries, and fatalities have 6 all steadily decreased, even when the number of 7 recreational vessels has increased. 8 These statistics also show that New York 9 ranks among the top states with the best boating 10 safety records, despite being among those states 11 with the highest boat registrations per capita. 12 In the last four years that data is 13 available, New York has averaged less than 14 12 boating-related deaths per year. 15 Also, it is to be noted, from 1980 to 2011, 16 we have -- from 1980 to 2011, boating registrations 17 have increased 50 percent. It was about 320,000 in 18 1980, to -- in 2011, we were at 470. 19 At one time, in 2006, we were at 530,000. 20 Okay? 21 In that same time period, between 1980 and 22 2011, boating fatalities per 100,000 registrations 23 decreased 75 percent. Went from about 20 to about 24 5. 25 So, we've increased our registrations 1 50 percent in 31 years, but we've decreased our 2 fatalities 75 percent. It's a big -- you know, 3 that -- those numbers jump out at you. 4 We've done a lot of work, and we've done a 5 lot of good things here. 6 It is also to be known, in 2006, when 7 registrations hit an all-time high of 530,000, we 8 only had 14 deaths in New York State. That's a 9 record low. 10 While serious boat accident and fatality 11 numbers continue to remain low, when you consider 12 that about half of these fatalities involve 13 non-registered vessels, including rowboats, 14 canoes, kayaks, paddle boats, et cetera, the 15 safety record of motorized boating in New York is 16 remarkable. 17 Okay? 18 In 2011, for example, 12 of the 26 fatalities 19 were on these non-motorized watercrafts. 20 In 2010, 11 of the 24 were on the type of 21 vessels. Out of those 24, 3 of the deaths were 22 due to carbon-monoxide poisoning on a 23 non-operational houseboat in Huntington. 24 In 2009, 5 out of 21. 25 In 2008, 10 out of 21. 1 So almost 50 percent of deaths, fatalities, 2 on the water each year, are -- you know, are 3 boating-related, but yet they're not non-registered 4 boats -- they're non-registered boats. So 50 -- 5 boating takes a hit, the registered boats. 6 You know, all these canoes, kayaks, 7 rowboats. You know, we had a City Island issue a 8 couple of years ago, where four kids got on a 9 little rowboat and tried to row to an island, they 10 wound up drowning. Those are not registered 11 vessels. 12 They're -- so, one of the issues that we have 13 is, is -- you know, and it's a law-enforcement issue 14 as well, because we find a canoe or a kayak upside 15 down somewhere, what it does mean to us? 16 It either means that it fell off someone's 17 dock, or, someone fell over and there's someone 18 missing. 19 So, now, law enforcement has to look around, 20 has to, you know, spend resources and time, and do a 21 search, to see if there is; whereas -- because 22 there's no way to identify the vessel because 23 there's no registration on it. 24 So, 50 percent of the deaths every year are 25 because of these vessels. 1 Okay? 2 How do we reach out to them? 3 How do we make sure that they're done? 4 How do we know that -- you know, we're 5 missing half of the deaths because we have no way 6 to reach these people. You know, there's no way to 7 make them aware of the issues and concerns. 8 So, I believe that is an issue that we do 9 need to address, moving forward. 10 While collisions between two or more 11 vessels is still the most common type of boating 12 accident and results in the most injuries, there 13 were no deaths from boat-to-boat collisions in 2011. 14 In fact, the majority of fatalities in 2011 15 were due to capsizing. 16 These are -- these statistics and state 17 law -- these are amazing statistics, and state 18 lawmakers are to be commended for enacting laws that 19 have been so effective in protecting the public on 20 the water. 21 NYMTA believes that these current laws 22 address the primary contributing factors of 23 accidents, injuries, and deaths, as identified by 24 the Coast Guard and the Office Parks, Recreation, 25 and Historic Preservation. 1 Boating safety certificates: Currently, 2 anyone between the ages of 10 and 18 wishing to 3 operate a mechanically propelled vessel without 4 adult supervision, or anyone who is 14 or older 5 wishing to operate a personal watercraft in 6 New York State, must first obtain a boating safety 7 certificate from the Office of Parks, Recreation, 8 and Historic Preservation, the U.S. Power Squadron, 9 or the U.S. Coast Guard Auxiliary. 10 While NYMTA and other marine-industry 11 organizations support mandatory education for 12 youthful and most personal-watercraft operators, 13 NYMTA encourages all adult boaters to voluntarily 14 take a safe-boating course. 15 To the right here -- my right, you see that 16 neighboring states, Connecticut and New Jersey, 17 according to New York State Office of Parks, 18 Recreation, and Historic Preservation -- 19 Say that a couple of times, you know. 20 -- our neighbor states do have mandatory 21 education. 22 Our fatality rates in New York, according 23 to the State, is better than theirs. 24 So, you know, we need to really look at, what 25 is going to help us reduce more deaths? 1 What's going to help us reduce fatalities, 2 and get the numbers lower than what they are right 3 now? 4 So, just to say mandatory education is going 5 to solve it is not always the answer, because our 6 neighboring states have it, and it doesn't prove 7 that it's true. 8 BWI laws and enforcement: New York has 9 some of the toughest BWI laws in the country, and 10 the State Legislature has regularly acted in 11 enhanced penalties so that they remain commensurate 12 with DWI laws. 13 NYMTA and ESMTA have supported these 14 efforts. 15 State Parks also conducts an 16 impaired-boater recreation program -- recognition 17 program for law enforcement, which is similar to the 18 training received by highway patrols for 19 recognizing intoxicated operators. Participants 20 are taught the standard sobriety test for 21 determining if a subject is intoxicated, as well as 22 tests that were specifically designed for use on 23 boats. 24 In 2011, there were 14 vessel accidents 25 caused by alcohol. Two of these accidents were 1 fatal which resulted in five deaths. Four of 2 these deaths were due to the boat hitting a fixed 3 object. 4 The NYMTA supports reasonable legislation to 5 improve boater safety. 6 Education: Responsible marine-industry 7 organizations support legislation to improve boating 8 safety, that is well thought out, and takes into 9 consideration the instructive accident and fatality 10 statistics that are compiled by the Office of 11 Parks, Recreation, and Historic Preservation, the 12 U.S. Coast Guard, and other such agencies. 13 Voluntary education efforts, sponsored by 14 the U.S. government, New York's departments and 15 agencies, organizations like NYMTA and ESMTA, and 16 private-sector marinas and boat dealers, is a strong 17 ingredient to a safer boating environment. 18 We in the industry will continue to work with 19 you, our elected officials, to find ways to enhance 20 education efforts without unduly burdening the 21 boater or creating impediments to boat ownership, or 22 fishing, recreational, and vacation rentals. 23 BWI: NYMTA, and ESMTA support bills to 24 enhance penalties for drinking while operating a 25 boat. These include making certain, convictions for 1 operating a boat while under the influence 2 predicates for other operating-under-the-influence 3 convictions, and requiring anyone convicted of a 4 watercraft-related alcohol-related offense to 5 complete a boating safety course. 6 Okay? 7 NYMTA, ESMTA, also support a bill to increase 8 the penalties for persons leaving the scene of a 9 boating accident. 10 That was done several years ago by 11 Assemblyman Sweeney. 12 Conclusion: The marine industries, like most 13 others businesses, are struggling to survive the 14 recession. Many of our members are mom-and-pop 15 family businesses that continue to struggle from 16 tight credit, reduced consumer demand, development 17 purchasers of waterfront properties that restrict 18 boater access, increased environmental and other 19 government relations, and higher energy, real estate 20 taxes, and other costs of doing business. 21 That is why we are so appreciative of the 22 strong working relationship we have with you, 23 Chairman Marcellino, and other state and local 24 elected officials here on Long Island and throughout 25 the state. 1 It is through this cooperative approach that 2 we've been able to make great strides in improving 3 boater safety in New York, while minimizing negative 4 impacts on the marine industries that are 5 responsible for providing jobs, recreational, and 6 tourism opportunities that benefit all 7 New Yorkers. 8 We -- please continue to look to NYMTA as a 9 resource, as you seek ways to improve the safety of 10 boating in New York. 11 Thank you for your time today. 12 SENATOR MARCELLINO: Chris, thank you for 13 your testimony. 14 Let me just ask the same question I've asked 15 of the others: With respect to the strength of 16 the laws in New York State, what is your 17 organization's opinion, or personal opinion, as to 18 the ability of the laws of New York State to make 19 boating a safe hobby or a safe practice? 20 CHRIS SQUERI: We work hand-in-hand with the 21 State Office of Parks, Historic -- Recreation, and 22 Historic Preservation. They do an outstanding job. 23 Brian Kemp, who was here earlier, does an 24 outstanding job. I communicate with Brian all the 25 time. 1 I believe the Legislature, in working with 2 that department, and all of the agencies, and 3 boaters, have done a very good job. 4 I believe New York is a leader in boating, in 5 terms of registrations, and, also, providing as much 6 safety as possible. 7 The agencies do a very good job. We're very 8 fortunate to have a lot of -- even on the local 9 level, the towns are very proactive. 10 We are very fortunate, especially on 11 Long Island, to have some really good departments, 12 such as, the Oyster Bay department that handles the 13 waterways in; the Town of Hempsted, they -- they do 14 a phenomenal job; Town of Babylon...I could probably 15 go on and on...but there are some, really, that do a 16 phenomenal job. 17 And I believe that we have been at the 18 forefront, and we will continue to help make sure 19 that we are at the forefront. 20 SENATOR MARCELLINO: What do you perceive as 21 the main hazard to safe boating? 22 CHRIS SQUERI: The main hazard to safe 23 boating? 24 SENATOR MARCELLINO: Yeah. 25 CHRIS SQUERI: BWI. 1 Boat -- you know, "boating while intoxicated" 2 is probably the number one issue that we have to 3 deal with. It's not -- it's not necessary. It's, 4 just, it's a major issue, and words cannot express 5 that something has to happen. 6 And just as it is with drunk driving, it's 7 just -- it's -- it's unneeded, it's uncalled for. 8 It's, just -- it's something that shouldn't be 9 happening, and it does every day. 10 And, you know, it gives everyone, whether 11 we drive -- we need to drive every day, so, you 12 know, drunk driving is there. 13 Boating is a recreation. It's not -- we 14 don't need it to go to work -- some people do need 15 it to go to work every day. But, not everyone, it's 16 not their primary thing, so, it's a recreation, it's 17 discretionary. And it just -- so it gets 18 highlighted more than some of the other 19 drunk-driving accidents. 20 But it's -- boating is safer than driving. 21 Sometimes it's safer than walking. Pedestrian 22 accidents are probably more common than, you know 23 per 100,000, than they are for boating. 24 So, we could look at the numbers and we could 25 talk all day about, you know, where we're at, but, 1 boating is still a family activity that can be safe 2 if done right. 3 SENATOR MARCELLINO: Does there need to be 4 stronger enforcement? 5 CHRIS SQUERI: I think enforcement, I think 6 communication between agencies, and working 7 together, there are several that work together. 8 I do believe that we do have enough on the 9 water. Like I said, sometimes, in some areas, you 10 have six or seven different agencies patrolling the 11 area. 12 You know, I boat out of Freeport, New York. 13 I have the Coast Guard in my backyard. I have, the 14 Village has a police boat. I have the town of 15 Hempsted Bay Constables. I have the 16 Nassau County. I have the DEC Police around all the 17 time. And I have, near Jones Beach, New York State 18 Park Police. 19 So, I have six agencies that are in the area, 20 you know, that I could be stopped by at any time. 21 SENATOR MARCELLINO: Michael? 22 Thanks, Chris. 23 ASSEMBLYMAN MONTESANO: I'll get the answer 24 to my life-vest question. 25 CHRIS SQUERI: Yes. That bill was initiated 1 by State Parks Department, and, we had discussed 2 it. 3 What happens is, is that, as we can see, when 4 we looked at the boating report that the Senator 5 referred to earlier, from 2011, that's issued every 6 year by Brian and the State Parks. 7 And when we look at it -- I decipher it every 8 year. And we look it, we notice trends. 9 And what we noticed was, is during the winter 10 months, on small crafts, we saw an uptick in 11 some of the -- or, some unneeded deaths, because 12 what happens is, between those months of October 13 and May, the water temperatures are much, much 14 colder. 15 So what happens is, guys that are sitting 16 there in duck boats, guys that are just using 17 regular finishing boats, that winter fish up and 18 near the bridges, and stuff like that, they would go 19 out on small crafts. And, if they fell in the 20 water, the water temperature was so cold, that 21 hypothermia would set in a lot quicker. 22 We give them a -- and because there's less 23 activity on the water during those times, it's not 24 as easy for them to be found quicker. 25 But if they were wearing a life jacket, the 1 studies show that hypothermia will not set in as 2 quick. 3 So, we give them more of a chance to survive 4 if they have a life jacket. So, we add a couple 5 more minutes, hopefully, so we can find them and 6 get to them. 7 So, it was a way to increase, you know, 8 hopefully avert, you know, losing anymore lives 9 during those times because of the hypothermia, it 10 was the main issue, because when you fall in the 11 water -- in the cold water, you know, you panic, you 12 try and swim in the cold water. It just -- it 13 restricts you so much quicker. 14 So at least the life jacket, you don't have 15 to exert as much energy and it offsets hypothermia. 16 SENATOR MARCELLINO: Okay. 17 SENATOR LaVALLE: Chris, in your conclusion, 18 you say, "Marine industries, like most of the 19 businesses, are struggling to survive the 20 recession." 21 In my Senate district, as you know, marine 22 industries/tourism, it's a big part of our economy. 23 Are you suggesting that increased education 24 requirements, or having education requirements, 25 would affect these businesses? 1 CHRIS SQUERI: It's possible, yes. 2 SENATOR LaVALLE: And in what way? 3 CHRIS SQUERI: People that may not want to 4 buy a boat, because it's another detraction, it's 5 another -- it's another hurdle to purchase that 6 boat. 7 You know, right now, we go through a lot of 8 issues, especially with credit. You know, it 9 just -- during these times, it's, just, I watched 10 several businesses close in the last three years, 11 guys that have been in business for a long time, 12 some in your district. And, you know, we saw a drop 13 of 530, to 470, registrations in New York, so, we 14 dropped 60,000 registrations in a matter of almost 15 three to four years. 16 We've seen, especially in Long Island, I 17 believe almost 25 percent reduction in 18 Nassau County. And I believe Suffolk County is not 19 as drastic, but I believe the number for 20 Suffolk County went from 76 to 70 in registrations, 21 off the top of my head. 22 SENATOR LaVALLE: But isn't that just because 23 of the economy, having nothing to do with -- 24 SGT. JOHN T. OWEN: Oh, yes, it has ever 25 everything to do with the economy right now. We 1 just feel that, right now, another hurdle to buy the 2 boat would be tough on -- most of our dealers do 3 provide on-hand experience. 4 I own a marina in Freeport as well. A 5 customer comes in, they just bought a boat. We send 6 the captain out with them, to teach them the 7 waterways, we show them the ways. 8 You know, just like I was taught rules of the 9 road -- red, right, return -- we do the same thing 10 for our customers. You know, we offer that 11 assistance. 12 A lot of our dealers have programs like 13 that. 14 Staten Island Yacht Sales has a -- you 15 know, they provide a captain for two or three hours, 16 to take them out on the water and show them the 17 water. 18 This -- the experience that we give them is 19 hands-on. We go out on the boat with them. It's 20 not a classroom thing, where we sit for 8 hours. 21 I've always been a believer, in that, you 22 learn more by actually doing something than 23 actually -- you know, not to detract, but I worked 24 for a Hall of Fame basketball coach in college. And 25 I learned more on that court, about life, and 1 business, and everything else, than I probably did 2 in most of my classrooms. And I use that 3 experience every day. 4 There's nothing more than, experience will 5 trump everything. And that's what we provided for a 6 lot of our customers. 7 SENATOR LaVALLE: Also, were you suggesting 8 that we register canoes, kayaks, paddle boats? 9 CHRIS SQUERI: That has been a discussion 10 between me and State Parks for a long time. And I 11 believe that that is something that should be 12 investigated. I believe that's something should be 13 looked into. 14 Whether -- it will be tough to actually 15 register them, only because they don't have a hull 16 number. 17 In order to register, you need a VIN number 18 or HIN number. Boat-wise, it's a "HIN number," 19 Hull Identification Number. 20 We were thinking more along the lines of a 21 user registration, or a user sticker, so, that way, 22 if do you find a canoe or a kayak floating upside 23 down, you can -- the law enforcement can grab it, go 24 to it, and there's, like, a user number on it. We 25 don't have to put all the registration numbers, but 1 the registration number, or a regular sticker, just 2 like we put on documented boats. 3 Documented boats from the U.S. Coast Guard do 4 not get registration numbers, but they do have to 5 put their New York State registration sticker on 6 there. 7 So, we put the registration sticker on there, 8 there's still a way to track it, and law enforcement 9 can then utilize, and say: All right, it belongs to 10 Joe Smith at 395, you know, Smith Street. 11 You know, and then we can find out if there 12 is someone missing, and, do we need to send out a 13 search and rescue? 14 It would save valuable time and effort. And 15 not only that, those users do utilize our law 16 enforcement, they do utilize ramps, docks, and 17 other resources that are paid for other -- by 18 registered vessels today. 19 SENATOR LaVALLE: My wife put campaign bumper 20 stickers on both of our kayaks. Everyone would 21 know -- 22 CHRIS SQUERI: It's yours. 23 SENATOR LaVALLE: -- well, at least, call 24 LaValle to find out if -- 25 Thank you. 1 ASSEMBLYWOMAN GALEF: Do I get a question? 2 SENATOR MARCELLINO: Sandy? 3 ASSEMBLYWOMAN GALEF: In your testimony, the 4 only place you really, I think, suggested having the 5 safety courses, when it's BUI. 6 I think that's what I got -- 7 CHRIS SQUERI: Yeah, well, we -- 8 ASSEMBLYWOMAN GALEF: -- out of your 9 testimony, and then to require it. 10 All right, but if we were to go in our state, 11 and require everybody, like Connecticut and 12 New Jersey, to have a safety course, an 8-hour, 13 whatever, how could we structure it? 14 Because you want to sell boats. And you 15 don't want somebody, I guess, to have to go take the 16 safety course before they go and purchase the boat, 17 because that's too-far-ahead thinking. Right? 18 So -- so, you go -- you know, you decide, 19 you're sitting home, and you want to go get the 20 boat, and you go that weekend and you get it. 21 Could there be a time frame within which a 22 boat safety course could be taken? 23 You know, allow the people to get the boat. 24 Maybe the captain, you know, comes in and gives that 25 2-hour session. 1 Could there be a time frame within which 2 would be -- would accommodate this, so that we 3 wouldn't -- you know, this is the same issue, 4 probably at Lake George, when people are renting. 5 You know, how do we deal with the people, to 6 get them into the process, and not require too much 7 right away, but still get as many people as we can 8 with safety courses? 9 I don't know. 10 Do you have any input for me? 11 SGT. JOHN T. OWEN: That's -- you know, 12 selling boats is one thing, but actually making a 13 difference is another. 14 And I -- this is why I brought up New Jersey 15 and Connecticut. You know, they have mandatory 16 education for everyone. Our fatality numbers are 17 better than theirs. 18 You know -- you know, I mean, and it 19 sounds -- I hate the way that sounds, because, you 20 know, no fatality number is good. I think it's -- 21 you know, I -- you know, I get chills, you know, 22 just thinking about the incidents that happened over 23 the last two months, you know, one on the south 24 shore, one on the north shore. 25 And, you know, it -- how should I say that? 1 I don't want to -- I want to use a word that I can't 2 right now. 3 But, it stinks. 4 And, you know, we need to come up with 5 something that's going to make a difference. 6 You know, sitting someone down in a classroom 7 for 8 hours, obviously, according to New Jersey 8 and Connecticut, has not shown to be as effective as 9 they would think. 10 So, how do we actually, you know -- you know, 11 we can make change for the sake of change. And if 12 we get no difference in results, what have we 13 accomplished? 14 So, we really need to look at, what is going 15 to make a difference? 16 Obviously, like I said, you know, I'm a 17 numbers guy, I'm a statistics guy. I mean, you 18 know, the fact that, you know, we've increased the 19 amount of traffic -- as was said before, earlier, we 20 have more and more boats out on the water. We've 21 increased the amount of traffic on New York 22 waterways, 50 percent, from between 1980 and 23 today -- and 2011; but, yet, we decreased -- we 24 decreased fatalities 75 percent. 25 I think that we need to go back and look at: 1 Well, ell, how did that happen? 2 How did we accomplish that? 3 And what did we do right? 4 And maybe take that as a step to move 5 forward, to say: All right, what have we done in 6 the last 31 years? And maybe, like, let's examine 7 what steps were taken, and then continue to work 8 on those, and increase those. 9 You know what I mean? 10 Because, those numbers do speak volumes. 11 I mean, you know, 50 percent jump up, and 12 75 percent decrease. You know, that's -- I mean, I 13 don't know what other areas that you can see those 14 numbers, but we've done it. 15 So, maybe there's -- maybe we need to look 16 back, and say: What have we done in last 31 years? 17 Okay, let's maybe look at doing that, or, taking 18 those steps, forward. 19 ASSEMBLYWOMAN GALEF: Okay, you don't have an 20 answer for me, though -- 21 CHRIS SQUERI: No, I believe it needs more 22 discussion, because, to be honest with you, up until 23 I did those numbers last night, when I looked at 24 the numbers, actually, those numbers come right 25 from the report in 2011. There's a chart, from 1 1980 to 2011, and it basically shows the curves. 2 And one goes up this way, and one goes up 3 this way. 4 And, that really struck me. That really hit 5 me, and said, well, what -- you know, 24 hours 6 hasn't given me enough time to sit there, and go: 7 What have we done in 31 years to do this? 8 So, I would need more time, and I would work 9 with Brian Kemp, to say: What have we done to make 10 that continue? 11 SENATOR MARCELLINO: Thank you, Chris. I 12 appreciate your time, and your testimony. 13 CHRIS SQUERI: Thank you very much. 14 SENATOR MARCELLINO: The next speaker is, 15 two: Jackie Martin, Commodore, Greater Huntington 16 Council of Yacht and Boating Clubs; and 17 Commodore Vincent Archdeacon, from the -- who's the 18 commodore of the Huntington Yacht Club. 19 JACKIE MARTIN: Good morning -- or, good 20 afternoon, I should say, Senator Marcellino, and 21 members of the Committee. 22 SENATOR MARCELLINO: Good afternoon. 23 JACKIE MARTIN: My name is Jackie Martin. I 24 am the commodore of the Greater Huntington Council 25 of Yacht and Boating Clubs. 1 Before I begin my testimony, two things: 2 I have with me, and it's certainly less than 3 $25, a pamphlet for you, and it's a little 4 information about the Boating Council, a copy of our 5 incident report inside, and also a list of our 6 member clubs. 7 SENATOR MARCELLINO: Thank you. 8 We'll get it later. Just leave it there. 9 Thank you. 10 JACKIE MARTIN: Just as a little background, 11 because I've now had the opportunity to listen to 12 several of our speakers, and I've found their 13 comments extremely interesting and enlightening: 14 My husband and I own a sailboat. We have 15 been sailing the boat for -- well, we're on our 16 third sailboat, but, we've been sailing our boats 17 for 20 years. 18 Prior to that, we were friends of -- very 19 good friends of power boaters, and kind of got our 20 feet wet with them on their power boat. 21 We pretty much decided to buy a sailboat, 22 after sailing once on friend's boat, and saying: 23 Gee, this is different than power boating. We'd 24 like to start boating. We'd like to own our own 25 boat, and we'd like to have a sailboat. 1 Prior to purchasing the boat, we did take the 2 United States Power Squadron basic boating course, 3 and passed it. 4 And, throughout the entire first summer that 5 we owned our boat, we mentored with other very 6 experienced sailors, taking them out on our boat 7 with us, showing us everything. 8 So, it was a lot of hands-on training on our 9 own boat, strictly on a voluntary basis by my 10 husband and myself, and, also, the Power Squadron 11 course. 12 Since that time, I have joined the 13 National Women's Sailing Association, and been to 14 several of their conferences and seminars. 15 My husband and I have both taken a coastal 16 navigation course. 17 And I have taken the suddenly-in-command 18 course given by the United States Power Squadron. 19 I also am certified in CPR first-aid, the use 20 of AED and oxygen. 21 So, my testimony. 22 By way of introduction, the 23 Greater Huntington Council of Yacht and Boating 24 Clubs was founded 27 years ago, to act as a 25 liaison between organizations with a boating and 1 waterfront interest, and federal, state, and local 2 governments. 3 Our mission includes, promoting and 4 protecting the sport of recreational boating, and 5 advocating safe-boating practices. 6 Our membership is limited to the areas of 7 Cold Spring Harbor and the Greater Huntington Bay 8 Complex. We represent 21 member organizations, 9 including several yacht clubs, 10 waterfront-community organizations with boating 11 members, recreational fishing clubs, a rowing 12 club, a lighthouse preservation society, and a Sail 13 and Power Squadron. 14 At present, we estimate our membership to be 15 about 4,500 people. We meet ten times a year with 16 each member organization represented to the council 17 by a club representative and an alternate. Our 18 officers are elected on an annual basis, and all our 19 officers' club representatives and committee 20 members serves on a volunteer basis. 21 During the past 27 years, these are some of 22 the things that we have advocated for: 23 Police patrol seven days a week; 24 The designation of marine emergency pickup 25 stations; 1 Establishment of night enforcement patrols on 2 the water; 3 Additional marine patrols in Cold Spring 4 Harbor; 5 The implementation of a 5-mile-an-hour zone 6 north of the Huntington Lighthouse; 7 Establishment and monitoring of maritime 8 incident reports; 9 Dredging of Centerport Harbor, establishing a 10 channel to the Gold Star pump-out facility; 11 Implementation of two free pump-out 12 vessels; 13 Donation of atrial-defibrillation device 14 equipment to both the Huntington Harbor Master and 15 the Coast Guard Auxiliary rescue boat; 16 We have lobbied for the continued operation 17 of the Eatons Neck Coast Guard station; 18 Lobbied for the installation of lighted 19 flashing entrance buoys for North Port, Centerport, 20 and Cold Spring Harbor; 21 We have a decal identification program for 22 dingys, canoe, and other small craft, in cooperation 23 with the Town of Huntington and the Coast Guard. 24 And just let me say something about that: 25 And that addresses abandoned small 1 watercraft. It is a sticker program. The owner of 2 the vessels put a contact telephone number in 3 indelible ink on the stickers, attach them to the 4 dingys. And if they are found by either a passerby, 5 Coast Guard member, auxiliary member, or one of the 6 town harbor masters, or bay constables, that 7 number can be called, to see if the dingy or small 8 kayak canoe has just merely floated away, or if 9 there was perhaps a person that should have been 10 attached to that vessel. 11 We have sponsored boating safety programs 12 with the -- with presentations by Suffolk County 13 Police, the United States Coast Guard, the 14 Coast Guard Auxiliary, Huntington Harbor Master's 15 Office, Centerport Fire Department, and Neptune Sale 16 and Power Squadron, most recently last evening. 17 And I want to thank the Huntington Town Board 18 for that, Councilman Cuthbertson, and, Harry Acker, 19 our harbor master. 20 We have also tried to broaden our membership 21 by outreaching past member organizations, and 22 offering affiliate-memberships' status to boaters 23 who are not members of any of our participating 24 clubs. 25 Here are our observations on boating safety: 1 Many opinions have been expressed to the 2 council, both in a formal and informal way, 3 regarding the status of maritime safety in our area 4 waters. 5 Many of our members are experienced 6 yachtmen with a lifetime on the waterways. 7 Ideas have been shared with several of our 8 flag officers by fellow members, local 9 legislators, and town officials. 10 It is difficult to get a true consensus at 11 the present time, although, all of our club 12 members seem to approve of some sort of boater 13 education for improved boating safety. 14 Whether or not it should be mandatory for 15 all, is not an opinion that can be expressed by the 16 this organization at this time, as we have had -- 17 not had an opportunity to formally discuss this 18 matter at length, nor have been any proposals made 19 to our group as a whole, by any elected official 20 from the State or the County. 21 Initially, the idea of implementing mandatory 22 education for an entire population of boaters in 23 just Suffolk County alone will need careful review 24 and planning. The content of the classes given and 25 number of hours of training will need to be 1 reviewed as well. 2 There have been suggestions about the idea of 3 planning, of -- excuse me -- of phasing in those of 4 a younger age and less experienced into the boating 5 safety program. 6 Does that omit a first-time boat owner of 7 more maturity with less experience? 8 The idea of a certificate of course 9 completion before an owner can register his boat, 10 may phase in boaters to a program, but a demographic 11 study would need to be conducted to determine the 12 number of boaters who would become eligible for 13 safety courses in any one year. 14 High-water alarms have also been suggested 15 as a standard operating equipment on boats, but how 16 does that relate to the recreational kayaker or the 17 operator of a vessel without a bilge? 18 The use of mandatory life jackets at all 19 times on board a vessel is another suggestion, to 20 make sure that boaters stay safe in case of an 21 accident. 22 Increased presence of law enforcement on our 23 harbors and waterways has also been mentioned. 24 You can educate the boating public, but you 25 can't change behavior. Unfortunately, the increase 1 in boating population has brought with it the kinds 2 of behaviors seen behind the wheel of 3 automobiles, and vessel operators who have little 4 regard for the rules of the road and common 5 courtesy. 6 Vessels operating at a higher speed should 7 be responsible for their own wake and the damage it 8 may cause. 9 The proliferation of kayaks, paddle 10 boards, canoes, and other small craft also 11 raises the question of: How much do their 12 operators understand what the rule is -- or, what 13 their role is in navigable waters? 14 In conclusion, I would like to say that, 15 personally, I think it would be an excellent idea to 16 have boaters present a boater-safety certificate 17 when they register or renew their registration. It 18 is an effective way to enforce the needed education, 19 and allows a phase-in. 20 I think that it is a better alternative to 21 licensing, which can cumbersome and expensive for 22 the State, or mandating, all at once, that all 23 boaters have a boating certificate. 24 Our neighboring states, in New Jersey and 25 Connecticut, already require safe-boating 1 certificates, as do other states. 2 As for the continued renewal, perhaps, once a 3 course is completed, others should be recognized 4 as further education, thus allowing for a further 5 insurance reduction to the boat owner. These 6 courses would be completed on a voluntary basis. 7 Since New York State provides all the 8 agencies with boating-safety course material, it 9 should take the lead in passing legislation on the 10 implementation of regulations regarding mandatory 11 courses. 12 To reduce the impact, the implementation 13 needs to be phased in, and planned. 14 New York State would need to study 15 statistics about the number of boaters to be 16 educated, when, and where, so that the planning can 17 begin. 18 The educational organization could then 19 render an opinion on the implementation. Unless the 20 implementation is properly phased, there could be a 21 shortfall in instructors and facilities. 22 Our organization, the Greater Huntington 23 Council of Yacht and Boating Clubs, would like to 24 assist in any way possible, in crafting any 25 legislation, or requirements, and assisting and 1 supplying information to our membership. 2 Thank you for your interest in boating 3 safety, and I would be happy to answer any questions 4 that you might have. 5 SENATOR MARCELLINO: Jackie, thank you for 6 your testimony. 7 And, Vince, thank you for coming, and being 8 available as a resource. 9 Jackie, I would suggest that your 10 organization begin now, a serious look at that 11 educational requirement. 12 I would rather hear input from you and your 13 organizations, and what you think makes sense, 14 working with the Power Squadrons and others who 15 are actually on the water involved in boating, who 16 do it, and -- than have people who really may not 17 have your expertise, draw up these laws and draw up 18 these requirements. 19 That may happen, unless you provide input 20 now. 21 So, I mean, there are several different 22 bills already beginning to circulate about 23 educational requirements. 24 You hear me asking the question constantly, 25 you know: Can we do it? Is there money? 1 Assemblywoman Galef said the same thing: How 2 could you do it? Could you do it right away? 3 Excuse me. 4 These are questions that have to be answered, 5 but -- and your organizations have the expertise, 6 and the knowledge of the water. And the boating 7 communities' interests, are your interests, and 8 all of our interests, obviously, but, you have 9 invaluable information that could be imparted to us. 10 So I would strongly suggest that you start 11 now. Get your organizations to meet and discuss 12 these things, and put a proposal out there, if you 13 want to. I mean, obviously, it's a request. 14 JACKIE MARTIN: I think we'd be interested in 15 doing that. 16 SENATOR MARCELLINO: I think that would be 17 something that would be extremely helpful to me, and 18 to my colleagues, in the future. 19 Your opinion on laws and regulations: Are 20 they strong enough now as they exist? 21 JACKIE MARTIN: No, I don't -- personally, 22 no, I don't think so. 23 SENATOR MARCELLINO: Do you think there is 24 sufficient enforcement? 25 JACKIE MARTIN: No. Unfortunately, no, I 1 don't think there is. 2 I think one of the issues that we have, is 3 we have a lot of jurisdictions in many areas of 4 our state. And we have incorporated villages which 5 have harbor patrols, but, probably are not doing 6 as good of a job as they could. 7 SENATOR MARCELLINO: So, basically what -- 8 and, Vince, chime in -- what should the State be 9 doing, or what more should we be doing, to improve 10 safety on the water? 11 VINCENT ARCHDEACON: Excuse me. 12 I'm Vince Archdeacon, the commodore of 13 Huntington Yacht Club. 14 I have somewhat of a dissenting opinion, but 15 I -- and the club supports the Greater Huntington 16 Council Yacht and Boating Clubs, and what they stand 17 for. 18 I have been on the water and around boats 19 all of my life. My initial training came in the 20 Navy, seamanship and navigation. I have a pilot's 21 license, which added to that. 22 I have been a recreational boater for 23 26 years. 24 And, I firmly believe -- as a matter of fact, 25 I was getting concerned that I had chosen an 1 inherently dangerous pastime, until Chris Squeri 2 made his comments, and I suddenly felt much relieved 3 that I was not doing something inherently dangerous. 4 And I can tell you, in those 26 years, the 5 only time I felt concern was in bad weather. 6 And I'm mindful of the fact that you cannot 7 legislate away lack of judgment, stupidity. 8 I also agree that boating while intoxicated 9 is probably the most significant thing. 10 Most of the boaters I'm aware of are very 11 responsible, and have taken it upon themselves to 12 get the training. 13 And I have taken all of the courses; and, 14 especially, when my wife got involved with boating, 15 for her sake. 16 I think that we do have enough enforcement. 17 When you think about it, most of the problems 18 occur when boats are in close proximity to each 19 other. 20 Now, I can't speak too much about south shore 21 boating, but I would think that's probably the more 22 dangerous area, because you have shallow water, so 23 that you're boating basically in channels, and, 24 they have a lot more boats down there. 25 On the north shore of Long Island Sound, when 1 I'm out cruising, I'm rarely within half a mile of 2 another boat. 3 I'm also mindful that courtesy and common 4 sense should prevail. 5 I think, and it's been said before, that one 6 of the main concerns I have as a boater, not only 7 from my standpoint in creating one, is a wake. It 8 can cause an awful lot of damage and an awful lot of 9 grief. So I am always very mindful when I'm going 10 in close proximity to other boats and objects, to 11 slow down and take it easy. 12 But, as far as enforcement goes, I think we 13 have a lot, because most of that enforcement is 14 around the areas that are congested. And I see 15 the -- by the lighthouse of Huntington, I see the 16 Lloyd Harbor Police, I see the Suffolk Police, I see 17 our harbor master's boat out there, especially in 18 those times when it is most congested, people 19 leaving for the day, and then coming back in 20 afternoon. 21 I would think that it would be extremely 22 difficult to implement a licensing for boating, such 23 as taking a test and then having a hands-on, like 24 a driving test. I don't think that that's practical 25 at all. Every boat is different. All of the 1 conditions that you could possibly boat under are 2 changeable, every single day. 3 I think that the best way that somebody can 4 learn is by experience. 5 And, so, I'm a firm believer, though, in 6 incentive. And I would like to suggest that one of 7 the things that you all might want to look at, is to 8 create greater incentive for people to educate 9 themselves, such as working with the insurance 10 companies, to give them, you know, a greater break 11 on their rates, that they do that, and other 12 things along those lines. 13 That's my opinion. And, I would be very 14 happy to answer any particular questions. 15 SENATOR MARCELLINO: Anybody? 16 Okay. 17 SENATOR LaVALLE: No -- 18 SENATOR MARCELLINO: Go ahead. 19 SENATOR LaVALLE: -- I like your suggestion 20 of tying boater safety to the insurance. That's a 21 good suggestion. 22 SENATOR MARCELLINO: It seems to be a common 23 theme. That seems to have been a common theme 24 amongst the speakers; that the linking of an 25 insurance incentive out there, that would make some 1 sense. 2 Your points about the "legislating common 3 sense," if we could wave a wand and make people 4 think, we would be happy to do it. But when you 5 think about what I read just the other day, on, what 6 is, I don't know, the front page of "News Day," I 7 think, or on the second page, whatever it was, a 8 photograph of a gentleman who was stopped, driving 9 while intoxicated, allegedly, in a 21-foot 10 Grady-White. He had 16 children on that boat. 11 Now, I don't know how you do that. I don't 12 know how you put 16 children on a 21-foot boat. 13 The Grady-White, I know the boat. It is a 14 relatively narrow boat. It isn't very wide abeam, 15 but it is a common boat around in these waters. 16 But, still, 16 children on this boat. This 17 man had, according to the police who stopped him, 18 more to drink than he should have. 19 I don't know what law stops him from doing 20 that. 21 The night -- last Sunday night, one of the 22 local fire departments also to respond to a call -- 23 an emergency call, to rescue some boaters who were 24 out, I believe off Bayville, who were in trouble, 25 and they were out in the storms. 1 Now, what they were doing out there, is 2 anybody's guess. I've no idea. That storm was as 3 about well advertised as you could possibly know. 4 They were talking about it for the last week, that 5 we could expect bad weather this week, and then, 6 specifically, Sunday afternoon and Sunday evening. 7 Yet, there was a boater out there who put, 8 not only himself and herself, whoever it was, at 9 risk, but the people who had to go out and protect 10 them, and bring them back in safely. Those were 11 people at risk. 12 So, that's what I think we're looking for, 13 some kind of help, and something that will educate 14 the public. And I -- the theme of education makes 15 sense to me, and I'm a former school teacher, so I 16 like it when those things ring -- you're ringing my 17 bell when you talk like that. 18 But, this idea of making people have some 19 kind of common sense, and be aware of the rules of 20 the road, I don't know how you would enforce common 21 sense, but, making them at least aware of the 22 rules of the road makes sense to me. 23 Any other -- go ahead. 24 VINCENT ARCHDEACON: I would like to make one 25 brief comment, when we were talking about 1 enforcement, and kind of a remark directed towards 2 the 4th of July incident. 3 I have been, in years past, present at that 4 display, and there was no enforcement. And right 5 after the display was over, people were bailing out 6 just as fast as they can. 7 And the main problem is the boat wakes. 8 Now, you don't need a very large boat to 9 create a boat wake. When you get a small boat 10 that's powering up and getting up on plane, it can 11 throw out a significant wake. And you can't see 12 those wakes in the dark. 13 I'm reminded, also, that I have attended the 14 fireworks displays up in Boston on the 15 Charles River. I was on land, not on a boat. And 16 that Charles River was packed with hundreds of 17 boats, but the police presence was incredible. 18 There must have been 30 or 40 police boats. 19 And after the display was over, they were 20 able the process an orderly departure down the 21 Charles River back into Boston Bay. 22 And I would think that, in the future, for 23 something like this at Morgan Park, that -- and more 24 of a police presence, especially one in the daylight 25 while they're starting to raft up and drop their 1 anchors, you see a boat coming with so many 2 people, you can take that matter in hand then. 3 But, especially when they are departing, if a 4 police presence, or an authoritative presence, can 5 help an orderly departure, would be most helpful. 6 SENATOR MARCELLINO: Just one more: What 7 have about the lighting on a boat? 8 I mean, you're out there at night, especially 9 in that particular occurrence, but there are other 10 situations when you're out there. 11 I have sat at the club, for dinner, and we 12 watched the boats coming in and out in the 13 evenings. Some boats have one light at the bow, 14 and that's about it. You don't see too much more 15 unless the cabins are lit up. 16 But other boats, you know, they're lit up 17 like Christmas trees. 18 Should there be some kind of standard? 19 Is there a standard? 20 I don't know. 21 VINCENT ARCHDEACON: There is a standard. 22 And the -- 23 SENATOR MARCELLINO: Is it enough? 24 VINCENT ARCHDEACON: -- Power Squadron, and 25 the Coast Guard -- 1 Yeah. 2 -- and the rules of the road, mandate what 3 kind of lights that you have on a boat at night. 4 And an educational process will tell you what 5 that means, when you see a red light and a green 6 light and a white light, or don't. It will tell you 7 what that boat is doing in proximity to you; whether 8 it's going away, coming at you, or any different 9 angle. 10 That is part of the educational process, that 11 is part of the rules of the road. And, that's 12 been in place, like, essentially forever. 13 But, proper lighting on a boat is necessary, 14 and you need the educational process to understand 15 what that means. 16 SENATOR MARCELLINO: Is there a standard 17 illumination level for these lights? 18 VINCENT ARCHDEACON: As far as luminosity -- 19 SENATOR MARCELLINO: Everybody's nodding yes. 20 That's okay. 21 VINCENT ARCHDEACON: And there's, also, the 22 red and green lights can only be seen, essentially, 23 from a forward angle on the boat. 24 So if you see a red and green light, the 25 center of that boat is coming at you. 1 If just see a white light, that means, 2 essentially, the boat is going away from you. 3 And combinations thereof. 4 But, I do believe that in the educational 5 process. 6 SENATOR MARCELLINO: Thank you very much. 7 Appreciate your time. Thank you for being so 8 patient. 9 The last group of speakers: 10 Justin McCaffrey, Commissioner of Public Safety, 11 the Town of Oyster Bay; Ed Carr, Director of 12 Maritime Services, Town of Huntington; 13 Harry Acker, Sr., Harbor Master, Town of Huntington; 14 and Councilman Mark Cuthbertson, Town of Huntington. 15 Since we're in Oyster Bay, and we're in 16 Oyster Bay Town Hall, Commissioner, you can lead 17 off. 18 COMMISSIONER JUSTIN McCAFFERY: Good 19 afternoon, Senator Marcellino, and other officials. 20 Thank you for the opportunity to testify before this 21 Committee. 22 My name is Justin McCaffrey. I'm the 23 commissioner of Public Safety for the town of 24 Oyster Bay. 25 Part of my responsibilities is the direct 1 oversight of the town's Marine Enforcement, 2 Bay Constable Division. 3 As you know, the town of Oyster Bay is only 4 one of two towns on Long Island that have a north 5 and south shore within its jurisdiction. 6 Our bay constables patrol over 65 miles 7 of waterways, enforcing New York State, Town of 8 Oyster Bay, laws and safety regulations. 9 The town's 22 bay constables are all 10 New York State Peace Officers who have the 11 authority to issue summonses, make arrests. 12 The Town's mission of the bay constables is 13 to work closely with our law-enforcement partners 14 from New York State, Nassau County, and the 15 U.S. Coast Guard, to provide a safe and responsible 16 boating environment for our residents and visitors. 17 Our goal is to minimize the loss of life, 18 personal injury, and property damage, while 19 maximizing the enjoyment of Oyster Bay waters. 20 Town of Oyster Bay waters are used by many 21 residents and visitor alike, with various 22 activities, including recreational boaters on jet 23 skis, power boats, sailboats, canoes, kayaks, 24 as well as commercial fishermen and ocean-going 25 tankers. 1 Our strategy is twofold: to both educate the 2 boating public, and when necessary, enforce New York 3 State and TOB laws and regulations. 4 Education is an essential part of our 5 mission. We try to take the time to educate boaters 6 about rules and regulations and safe-boating 7 practices, as well as the importance of avoiding 8 overcrowding on a vessel. 9 Bay constables, on a daily basis, stress the 10 importance of having proper safety equipment, 11 including life vests for every passenger on board 12 the vessel. 13 According to the U.S. Coast Guard statistics, 14 in 2010, three-quarters of all fatal boating 15 accidents, victims drowned, and of those, 16 88 percent were not wearing a life jacket. 17 In the last three years, Town of Oyster Bay 18 Constables have issued hundred of warnings and 19 numerous summonses for life-preserver violations. 20 Our bay constables regularly inspect 21 vessels for proper safety equipment, such as 22 emergency flares, sound devices, proper lighting, 23 and fire extinguishers. 24 We work closely with the local 25 Power Squadrons and the Coast Guard Auxilliary who 1 regularly perform free courtesy safety inspections 2 at town launching sites. These free courtesy 3 inspections and examination for safety equipment 4 that is required by the Coast Guard and local 5 laws. These vessel examiners will identify any 6 problems, as well as take the opportunity to 7 discuss boating safety-related issues with the 8 boaters. 9 According to the National Safe Boating 10 Council, 50 percent of boating accidents that 11 result in death can be traced to alcohol impairment. 12 The bay constables, along with our 13 law-enforcement partners, have strictly enforced BWI 14 laws. 15 Bay constables also strictly monitor and 16 enforce dangerous boating violations. Careless, 17 reckless, or excessive speed has been determined to 18 be a major factor in most boating accidents. 19 In the last three years, bay constables 20 have issued over 200 summonses for unsafe boating 21 violations, which include excessive speed, 22 dangerous wakes, and reckless operation. 23 For those that don't know, reckless operation 24 includes boats weaving through congested boating 25 or swimming areas without regard for other 1 boaters, persons, posted speed, and wake 2 restrictions, as well as operating at speeds that 3 may cause danger, injury, and unnecessarily crossing 4 the path or wake of another vessel. 5 Town bay constables have also terminated 6 over a dozen voyages due to unsafe conditions. 7 As Commissioner of a department with 8 ever-changing demands, I know the importance of 9 taking a fresh look and re-evaluating any given 10 scenario. 11 When it comes to boat safety, in light of the 12 recent tragedy, hearings like this one today play 13 an important role in helping to establish a fresh 14 perspective. 15 While many recommendations have been handed 16 forth today, it's important to caution against any 17 conclusions being drawn on the best cost to move 18 forward until the investigation by various agencies 19 have been completed. 20 Boating education is essential to a safe 21 environment out on the water. 22 Additionally, I feel that the safe-boating 23 organizations, such as the Coast Guard Auxiliary and 24 the Power Squadrons play a vital role, and would 25 benefit greatly from grants to help step up their 1 efforts. These organizations are volunteer 2 groups who have traditionally been well organized, 3 but, unfortunately, underfunded when it comes to 4 boater safety campaigns. 5 Providing greater awareness to these 6 organizations would go a long way towards helping, 7 specifically, through such programs as 8 informational classes, dealing with safe boating. 9 An increase in advertising, along with public 10 service announcements for classes hosted by these 11 groups, would also be beneficial. 12 Additionally, informational signage regarding 13 safe-boating practices, with tips and reminders, 14 could be placed at marinas and boat-launching 15 facilities. These, along with safe-boating 16 materials and instructional DVDs could also be 17 provided to libraries, government buildings, or 18 other easily accessible locations for boaters to 19 take advantage of. 20 In the effort to make our waterways safer 21 for boaters, enforcement is key. 22 Recently, New York State 23 Senator Charles Fuschillo introduced two pieces of 24 legislation to the Senate regarding boater safety, 25 one of which would raise the penalties of BUI 1 offenses, as well as link driving, boating, and 2 snowmobiling under-the-influence offenses, making 3 it possible to charge violaters as repeat 4 offenders. 5 According to the New York State Office of 6 Parks and Recreation and Historic Preservation, 7 alcohol contribute to 1 in 5 fatal boating accidents 8 in New York State in 2011. 9 The other bill would require all boaters to 10 complete a boating safety course in order to operate 11 a vessel unsupervised. 12 Currently, 23 states require boat operators 13 to have boating-safety certificates before they 14 can go out on the water. 15 Federal and state grant money for increased 16 enforcement of safety and BWI violations is 17 another avenue that could be explored. 18 To help crack down on unsafe boating 19 practices, currently, grant money is provided to 20 police departments for overtime, for HOV, and 21 speeding enforcement on major roadways. 22 This program could possibly be expanded to 23 include increased patrols on our waterways, in the 24 interest of boater safety. 25 Finally, providing additional equipment and 1 training opportunities for marine-enforcement 2 officers would go a long way towards maximizing 3 boater safety on our waterways. 4 In fact, later this month, Town of Oyster Bay 5 Constables will be hosting a five-day marine 6 patrol officers class, which is sponsored by the 7 New York State Naval Militia. 30 police officers, 8 Coast Guardsmen, bay constables, and members of 9 the New York State Naval Militia will attend 10 training on boarding procedures, BWI enforcement, 11 navigational rules, marine-theft investigations, 12 and water-survival techniques. 13 This training is provided through a New York 14 State grant, and it's courses like this that I 15 consider absolutely integral to upholding the high 16 standards of safety enforcement that our bay 17 constables set out for themselves for each and 18 every day. 19 There is nothing that we hold in higher 20 regard in the town of Oyster Bay than the safety and 21 well-being of our town residents. 22 Boater safety is an important issue that 23 deserves to be brought to the forefront of the 24 conversation, especially during this busy time of 25 year, when more residents and visitors than ever 1 will be planning to spend some of their time on the 2 water. 3 It is our belief that education and awareness 4 is the key to providing the safety and -- safest and 5 most enjoyable environment for all. 6 Thank you again for this opportunity. 7 SENATOR MARCELLINO: Appreciate it. 8 The three gentlemen from the town of 9 Huntington, I guess. 10 Councilman, you? 11 COUNCILMAN MARK CUTHBERTSON: Senator, I want 12 to thank you for hosting these hearings. 13 You and I have attended probably dozens of 14 boating events together over the years, and I know 15 of your concern for the safety of boaters and your 16 love of the water. 17 I'm here on behalf of the Town Board and the 18 Supervisor. 19 Boating safety is something that, obviously, 20 the Town of Oyster Bay takes seriously, as do we 21 in the town of Huntington, and all of our towns on 22 Long Island. And I want to provide with you a sense 23 of the Town's efforts to promote boater safety and 24 boater education, which has been a constant theme 25 today. 1 Beginning in the year of 2002, the Town has 2 partnered with the Centerport Fire Department, to 3 sponsor an 8-hour New York State safety boating 4 course. 5 Over the past ten years, we have an 6 increasing numbers of attendees. 7 The first year we had the course, we had 8 about 50 people sign up and attend. 9 This year we had over 120. 10 Following the recent tragedy, the Town 11 received enough inquiries from concerned 12 residents, that we scheduled a boating safety 13 forum that was held last night at town hall. This 14 also was attended by over 120 residents. 15 And, prior to that meeting, for about an 16 hour, Supervisor Petrone and I visited with Lisa and 17 Paul Gaines, and heard firsthand how this tragedy, 18 the loss of their daughter, Victoria, has impacted 19 their lives. 20 And, I will tell you that I was so encouraged 21 by their -- their commitment to boating safety and 22 boating education. 23 And, we, at town hall last night, a number of 24 issues were raised during the hearing that we held. 25 And, in sort of order of priority, those 1 were: 2 The need for boater education, the need for 3 boating licenses, in New York State; 4 The danger of wakes, which I think was just 5 commented upon, from large vessels, and all 6 types of vessels; 7 The need for vessel-occupancy-guidelines; 8 Controlled boat departures at the 9 conclusion of large events, like fireworks 10 displays; 11 And, the need for boat inspections. 12 So, an increasing number of people are 13 telling us in the town, and told us last night, that 14 they want action. And I think that's good news. 15 The bad news is, that we have over 16 5,000 boaters using the Huntington Northport Bay 17 Complex, which means only a small fraction of the 18 people who are on the water are participating in the 19 boating safety classes that we had. 20 I believe, and I think our Town's position 21 is, the State is right to consider legislation that 22 would require basic safe-boater training for all 23 vessel owners, given the number of boats that are 24 now on the water. 25 The cost to the Town of Huntington to run our 1 New York State boater safety course has been 2 relatively small, given the number of 3 participants. And our use of the town's senior 4 harbor master, who you'll hear from, and 5 bay constables, as instructors. 6 The challenge, should the State mandate that 7 all boaters take this or similar safety course, will 8 be to evaluate the logistics and costs of scaling 9 programs like this, up by a factor of 20, 30, or 10 40 times. 11 So, assuming the State were to turn to the 12 towns and the villages to help with this, there are 13 a number of considerations, like physical space, 14 class size, number of classes, that would be very 15 important. 16 Courses being offered, five or six times a 17 year, are likely to be necessary. 18 Furthermore, for us to assist in this, I 19 think the optimal time for classroom studies and 20 lecture is during the winter, when our 21 Maritime Services Division are less strapped, and, 22 certainly, trying to stay away from the summer when 23 they are on the water doing what they're supposed to 24 be doing, which is, devoting their time to 25 protecting the safety of boaters. 1 In addition, we believe that a phase-in 2 period that would allow boaters to earn a boating 3 safety card, or whatever the certificate is, in 4 waves over a few years might be a good idea, to 5 really prevent a crush of people coming and seeking 6 out these courses. 7 So, we have some suggestions when it comes 8 to boating education. 9 We wanted to convey what we heard last night 10 in our town, because I know it's an important part 11 of your Senate district. 12 And, we appreciate the opportunity. 13 SENATOR MARCELLINO: Thank you. 14 I apologize for the lack of microphones, 15 but, we don't own the facility. 16 DIRECTOR ED CARR: Thank you, Senator. 17 My name is Ed Carr. I'm the director of 18 Maritime Services for the Town of Huntington. 19 I wanted to give you a brief overview on the 20 town's maritime resources, and highlight some of the 21 challenges that we face. 22 Town of Huntington has 60 miles of 23 coastline, that extends from Cold Spring Harbor in 24 the west, to Fort Salanga in the east. 25 This speaks to our greatest challenge of 1 enforcement; namely, having a limited staff -- 2 SENATOR MARCELLINO: Between the two 3 towns -- excuse me. 4 But between the two towns, am I right, if I 5 heard you right, correctly, we're talking about 6 130 miles -- 7 DIRECTOR ED CARR: Yeah. 8 SENATOR MARCELLINO: -- approximately? 9 DIRECTOR ED CARR: Yes. 10 This speaks to our greatest challenge to 11 enforcement; namely, having a limited staff who are 12 responsible for such a large geographic area of open 13 water. 14 And we're not alone in that. Our staffing 15 levels are consistent with other Long Island 16 townships. 17 In the off-season, we have one patrol boat on 18 duty during the daylight hours only. 19 During the summer season, that's Memorial Day 20 to Labor Day, we have coverage day and night. 21 On summer weekends and holidays, we have 22 a second boat deployed during the daytime only. And 23 that's, really, in the Cold Spring Harbor area. 24 Given our geographical size, and resources 25 available, it is impossible for bay constables to 1 be everywhere at once; therefore, having a boating 2 public that is educated, and competent, is essential 3 to mitigate risk. 4 Councilman Mark Cuthbertson highlighted the 5 Town's efforts to educate the boating public. 6 And, statistics provided on the U.S. Coast 7 Guard website, in 2011, a staggering 89 percent of 8 fatal accidents involved boaters who had no 9 boating safety instruction. 10 So, the thrust of my testimony, is to 11 encourage State lawmakers to consider some form of 12 legislation that would mandate boater-safety 13 instruction for recreational operators, since the 14 towns and villages will never have sufficient 15 enforcement resources to be at all places at all 16 times, given the enormous geographic area that 17 needs to be covered. 18 And I would like to now introduce 19 Harold Acker. 20 Harry is our Senior Harbor Master. He's my 21 immediate past predecessor in the director's job. 22 He has 38 years of experience on the 23 Huntington waterfront, and he's going to share with 24 you some of the lessons learned and best practices 25 gleaned from his experience. 1 HARBOR MASTER HARRY ACKER, SR.: Thank you. 2 Thank you, Senator. 3 The beauty of going last, is I can be a 4 little more candid than my predecessors. 5 SENATOR MARCELLINO: And brief. 6 HARBOR MASTER HARRY ACKER, SR.: First of 7 all, I want to say -- 8 [Laughter.] 9 HARBOR MASTER HARRY ACKER, SR.: Exactly. 10 So you want me to be quick; right? 11 SENATOR MARCELLINO: Yeah. 12 HARBOR MASTER HARRY ACKER, SR.: I submitted 13 my testimony to you, plus my qualifications. 14 SENATOR MARCELLINO: I appreciated that. 15 HARBOR MASTER HARRY ACKER, SR.: And I also 16 just wanted to applaud you, for one thing, is that 17 you stated that you're not jumping into legislation 18 right now. 19 Right now, as you said, because of a tragic 20 accident and the loss of life of three children, 21 everybody's coming up with legislation. They're 22 going to actually muddy the waters and make it 23 worse. 24 I applaud your approach, to take our time. I 25 think other legislatures should sit back a little, 1 because, as far as boating education, that is the 2 responsibility of the State, and they should let the 3 State do it. 4 They certainly could support it with a 5 home rule message, that that's what, let's say, 6 Suffolk County wants to say, but it's really for you 7 guys to do it. 8 And I just want to bring up what your own 9 agency can't tell you -- but, you know, you're not 10 the administrator, you're the legislators -- is 11 that, the boating safety program for New York State 12 is run by two people, the administration part of it. 13 So you can see, is if you do something 14 immediate, you only have two people to administer 15 right now. So I think they're pretty taxed doing 16 what they do now. 17 So, that has to be looked at on the State 18 level before any education. 19 SENATOR MARCELLINO: By title, who are they? 20 HARBOR MASTER HARRY ACKER, SR.: Huh? 21 SENATOR MARCELLINO: By title, who are they? 22 HARBOR MASTER HARRY ACKER, SR.: One is 23 Ro Woodard. And I don't know who the other woman 24 is. 25 There's two women up there that actually do 1 the, physically, administration. 2 When you need the books, they're the ones 3 you contact. They get all of the paperwork back. 4 They're a very small office. We work with 5 them. And, actually, we -- Mark and the Supervisor 6 sponsor the State Marine Patrol Vessel Operator 7 courses annually, so they can be brought down to 8 Long Island, because they're given up at 9 Lake George. 10 So we offer that to the State, annually. We 11 work very close with them. They're a very small and 12 efficient agency, but, again, very small. 13 If you're going to put a lot, you're going to 14 tax a lot of boating education to them. You know, 15 you have to make a plan. 16 And I'll get to that point. 17 The most critical themes I'll be presenting 18 for you today, are boating education reform, 19 legislation, and enforcement. 20 First, and foremost, I believe the main focal 21 point today is the need for boating-education 22 reform. 23 Second, legislation that would be a necessary 24 step to decreasing the hazards on the waterway, the 25 goal would be to establish legislation to decrease 1 penalties, and broaden the scope of violations. 2 More specifically, increasing legislation with 3 regard to operating a boat while impaired or 4 intoxicated, and reckless operation, and damage 5 caused by excessive wakes, which you've all heard 6 from other people today. 7 The third focus today would be discussing the 8 authority of the State, county, and local 9 enforcement, including expanded authority of the 10 New York State Coast Guard, to enforce State boating 11 laws. 12 I will expand on each of these issues. 13 Boating education: New York State lags 14 behind its neighboring states requiring 15 operators of power boats to have successfully 16 completed an approved boater-education course. 17 The current legislation requires completion 18 of a safety course for those operating a personal 19 watercraft. Current legislation only requires 20 those between the ages of 10 and 18 years old to 21 have a safety certificate to operate without 22 supervision. 23 The current legislation has absolutely no 24 requirements for any person over 18 to operate a 25 boat. 1 The present law is so vague, that even a 2 10-year-old can operate a power boat by the 3 themselves with a boating safety certificate, that 4 goes 100 miles an hour. 5 Ridiculous, but legal. 6 A two-year-old can operate a boat pulling a 7 skier, with an adult on board. Again, ridiculous, 8 but legal. 9 There is no quick fix, but, to allow me to 10 offer a comprehensive plan to effectively and 11 efficiently address the hazards on the waterways. 12 Please be advised, it is important to 13 understand the majority of boating-education courses 14 are volunteer-based, and offered by boating 15 organizations, such as U.S. Coast Guard Auxiliary 16 and the Power Squadron. 17 The first proposed step would be, develop two 18 courses. 19 The two courses would comprise of a 20 young-boater safety course for those age 10 to 16 21 years of age; and a second, more comprehensive 22 course, for those 16 years and older. 23 Any boater that currently holds an approved 24 boater safety-course certificate, State public 25 vessel operators's license, or U.S. Coast Guard 1 merchant license, will be exempt from being required 2 to take one of the newly implemented courses. 3 Additionally, a young boater that obtains a 4 certificate through the young-boater's course will 5 be exempt from being required to take the adult 6 boating-safety course later. 7 The second proposed course of action will be 8 to phase in the requirements, that all operators 9 of power boats and/or sailboats over 22 feet 10 obtain a boating-safety certificate over a four-year 11 period. 12 My example would be, to start in 2014, 13 because you're going to need time to ramp up, and so 14 will the people that offer the courses. 15 So, in 2014, people between the ages of 16 18 and 28 years old would be required to have a 17 boating certificate; 18 2015, 28 to 38 years old; 19 By 2016, 38 to 48 years old; 20 And, by 2017, all would be required to have a 21 boating-safety certificate. 22 As many adults will generally have a 23 driver's license, an option for boating 24 identification would be to include an endorsement, 25 say, Code B, for example, on a State license. 1 Any individual without, or not of driving 2 age, will be provided a boating-safety ID, ID that's 3 given now. 4 These options are already available by the 5 State. You know, you're not introducing anything 6 new. You can use the current resources available. 7 Fees collected from boating licenses should 8 have a portion allocated to fund boating safety 9 education and boating-safety announcements, in 10 addition to the current funding. 11 Laws alone will not resolve the increased 12 safety hazards boaters are faced with. No matter 13 how many laws you put on the books, it's not 14 going to stop a boater from violating them. 15 Two examples: One on the south shore, and 16 one which we didn't talk about, which is in 17 Connecticut, only 8 miles from us, another fatality. 18 Both of those fatalities were caused by 19 people violating the laws. 20 The State should consider reclassifying a 21 State driver's license to an operator's license. 22 This would enable violations on land and 23 sea to be admissible, to show the courts the 24 possible pattern of unsafe behavior, and allow for 25 appropriate fines to be assessed. 1 One of the problems we have, is that a lot 2 judges are not boating-familiar. You know, they 3 look at something done on a boat as recreation, and 4 not as serious as a driver's licenses. 5 This would also go for snowmobiles, and 6 make your license an operator license. 7 So, you have your safety certificate. It's 8 identified on it. And any violations that you 9 acquire as a -- they stated one of the problems, a 10 Nassau police officer -- is that there's no tracking 11 device. 12 If you do this, you'll be able to track 13 everything. 14 And if a guy is a bad operator on a 15 snowmobile, a bad operator on a car, and a bad 16 operator on a boat, the judges will be able to see 17 these patterns of behavior, and assess the 18 appropriate fines. 19 Boating while intoxicated and impaired: The 20 only person that can be charged with boating while 21 intoxicated are those operating a power boat. 22 If you were sailing a 70-foot sailboat, 23 intoxicated or impaired, with 10 children on board, 24 the operator cannot be charged with BWI; however, he 25 could be charged with reckless operation. 1 I propose that the law amended to allow all 2 vessels. 3 Currently, if an individual does not submit 4 to a breathalyzer test who have been convicted of 5 BWI, they may lose their privilege to operate. 6 However, without a licensing, you have little 7 or no tracking. You're not going to know it. When 8 you stop someone in the car or a boat, you're not 9 going know that they have had that violation. 10 Proposed resolution for this issue, is to tie 11 the boating education, being linked to a licensing 12 system, and enforceable regularly. 13 For example: License revocation could be 14 checked through boater's operator's license, which 15 could be restricted if there is an act of violation 16 on the boater's record. 17 Another option would be, to restrict the 18 operator -- operation of a vessel, to outlaw the 19 operation of vessels by individuals with open 20 containers of alcohol. 21 You have to remember, when you have the BWI 22 laws, which are sufficient, it's not like a car, 23 crossing the yellow line, weaving. 24 Okay? 25 You don't have to do that in a boat. As long 1 as you're going 5 miles an hour, we have no reason 2 to stop you. 3 If you have everybody sitting there with open 4 container of beer, drinking, and operating the boat, 5 that's not a reason. We cannot stop them. 6 They should have something, where there's an 7 operation of a vessel, that you cannot have any open 8 containers of alcohol while you're operating the 9 vessel. And, it would give a reason to stop the 10 vessel. 11 Restrictions on operators, 10 to 16 years 12 old: With the increased operation of speedboats, 13 the recommended restriction on the size and 14 horsepower of boats operated alone by boaters 15 between the ages of 10 and 16 years. 16 16 years old is the age a violator can be 17 issued a summons. 18 Capacity plates: This is not a State 19 issue, but the State may be able to petition the 20 federal government, through a home rule message, to 21 require boat manufacturers to apply and install 22 capacity plates on all recreational vessels, 23 regardless of size, similar to the vessels under 24 20 feet in length. 25 And, enforcement: One of the things we talk 1 about is in enforcement. 2 I don't know if you're aware, again, you're 3 not the administrator; part of is at the -- New York 4 State Police, after building a 19-year-old -- 5 19-year marine law enforcement, disbanded it last 6 year in a matter of three days. 7 So, the State Police no longer has their 8 marine unit in force, which was a very active unit. 9 We helped them instruct with that. 10 The CPL: Amend the criminal procedure law to 11 give harbor masters and bay constables the same 12 authority with regards to arrest on warrants as 13 police officers. 14 Grant the U.S. Coast Guard boarding 15 officers the status of peace officer while on duty 16 in New York State waters, and supply peace 17 officers' training to those who quality. 18 This will enable the Coast Guard Office to 19 enforce State law as well as federal law. 20 The procedures to arrest a BWI is difficult 21 under federal law, and their violation procedures 22 are less effective than State procedures. 23 There are certificate -- a significant number 24 of police and peace officers that serve in the 25 reserves who reside in New York. These individuals 1 tend to serve in areas for extended periods of 2 time, and would need no additional training to 3 enforce State laws. 4 In closing: It would be a tremendous mistake 5 to close this hearing, make a few recommendations, 6 pat ourselves on the back, and walk away until the 7 next tragedy happens. 8 We would best be served to form advisory 9 councils in Nassau, western Suffolk, and 10 eastern Suffolk Counties, to serve in a capacity to 11 make recommendations to State officials on an annual 12 basis. 13 Thank you very much, Senator. 14 SENATOR MARCELLINO: Thank you very much. 15 Is there any -- before you guys leave -- 16 You don't have to switch. 17 UNIDENTIFIED SPEAKER: The microphone only 18 reaches so much. 19 SENATOR MARCELLINO: That's okay. They can 20 speak up. 21 The talk of coordination before, between 22 different municipalities, and different levels out 23 there on the water, you've got multiplicity of 24 enforcement officials out there doing their thing. 25 Is there a coordinated effort? 1 Not every town has enough to cover, not every 2 village has enough to cover, certainly, not every 3 county can cover the entire length of, with what 4 they have. But, certainly, with assistance, working 5 together in some type of coordinated fashion, they 6 might be able to do something. 7 Is there such an activity between the 8 towns, counties, villages? 9 COMMISSIONER JUSTIN McCAFFERY: I think 10 that's why it's so important, like those training 11 classes that I mentioned. It gives us the 12 opportunity to network, and -- you know, besides 13 getting the good training. 14 It's -- I don't know -- so I always say, 15 it's -- you don't want to be exchanging business 16 cards, that -- the day of the emergency. 17 You know, you should have pre-existing 18 relationships and training, and know what 19 organizations can do what capabilities, and -- 20 SENATOR MARCELLINO: I'm looking to go one 21 step beyond the training. 22 Excuse me for interrupting, but I'm looking 23 to go one step beyond. 24 Is there, actually, I'll take care of 25 Fort Palm Bay. You take care of X, Y, Z. You take 1 care of this location. Between here and here, a 2 Village of such and such has responsibility. We'll 3 work with you here and here. And the County of 4 Suffolk will take this range, because there are no 5 vessels, or there are no villages with the -- you 6 know, townships with the appropriate vessels 7 there. 8 Can -- do we cut it up, so that there's 9 coverage? 10 So, we spread the coverage out, so we 11 actually have a real blanket effect on it? 12 Or are we just out for -- you know, is 13 everybody doing their own thing? 14 COMMISSIONER JUSTIN McCAFFERY: I think it's 15 a pretty informal system, but it works pretty 16 well. 17 We know who does what, who covers what, and 18 who has what equipment and capabilities. 19 HARBOR MASTER HARRY ACKER, SR.: We have -- 20 we meet on a regular basis at Eatons Coast Guard 21 with all the law enforcement, and we discuss our 22 issues. They have law-enforcement organization 23 meetings. 24 To answer your question: No, we -- I can't 25 tell Suffolk County Police where to go, I can't tell 1 the Villages where to go, because they're operating 2 under their own jurisdictions. 3 We do, however, work well together. 4 In the winter, we're pretty much the only 5 show in town. The County only mans their police 6 boat on a -- sporadically, and the Villages pull 7 their boats, so, we do the work for them. 8 But we do keep in touch. We do do train -- 9 we do train together. 10 The Suffolk County Police Marine Bureau is in 11 our parking lot. Our office is right next to each 12 other, and we do stay in touch. But, again, I don't 13 have the authority, they don't have the authority, 14 to tell another jurisdiction what they should and 15 shouldn't be doing. 16 SENATOR MARCELLINO: Well, I like your 17 comment on the linking the boating violations with 18 the driving violations, to pick out repeat 19 offenders. 20 The only problem with it is, if you don't 21 have a licensing -- 22 And we talked about this earlier, I don't 23 know if you heard it, but we were talking about 24 earlier. 25 -- is there some link we can do with the 1 registration number on the boat, on the hull of the 2 boat? 3 If you require every boat to have some type 4 of registration. As Chris Squeri talked about, 5 everybody should have some number that identifies 6 the boat. So, if you find a dingy overturned, 7 washed up on a beach, you don't have to send the 8 cops out looking for somebody who may be drowning 9 out there, or may have drowned. 10 You have a number which you can track back to 11 a resident, to an ownership, and say: Look, we 12 found this. Is somebody missing in your family? 13 Have you -- can you account for everybody? 14 That saves a lot of time, and anxiety in 15 that respect. 16 Is there some way to do that, so that we can 17 tie these things in, so that a judge, when 18 Mr. So-and-So, with the 16 kids on the boat, 19 comes before a judge, he can say: Well, look, 20 this guy had, not only this incident, but he had 21 something over here, something over there. My God, 22 we have a repeat offender here? 23 Otherwise, how do they know? 24 HARBOR MASTER HARRY ACKER, SR.: No, the 25 registration of the boat only identifies the boat 1 and who owns it. 2 If I lend my boat to Mark Cuthbertson and he 3 gets a violation, I don't want -- 4 SENATOR MARCELLINO: Don't do that. 5 HARBOR MASTER HARRY ACKER, SR.: No, I 6 wouldn't do that. I wouldn't even invite him on a 7 boat. He's a better golfer than boater, but -- 8 [Laughter.] 9 SENATOR MARCELLINO: I heard that. 10 HARBOR MASTER HARRY ACKER, SR.: -- but, it 11 only identifies who the owner of the boat is. You 12 know -- 13 SENATOR MARCELLINO: Well, I understand it 14 would only identify who the -- but if you link the 15 ticket to the boat -- 16 HARBOR MASTER HARRY ACKER, SR.: Yeah, but 17 that -- 18 SENATOR MARCELLINO: -- right now, the car 19 links -- if I drive a car, it doesn't matter whose 20 car it is, the ticket goes on my license. 21 HARBOR MASTER HARRY ACKER, SR.: Right. 22 SENATOR MARCELLINO: So, whatever car I'm 23 driving, it's my license, I get the points. 24 In the other case, if the boat's got a 25 number, put the number on the boat; put the ticket 1 on the boat. I don't care who owns it. It goes 2 back to the owner of the boat, so, you might be more 3 careful as to who you lend your boat to. 4 HARBOR MASTER HARRY ACKER, SR.: Well, maybe, 5 but it's tricky. 6 Like you say, some boats, a 21-foot boat, 7 might be used by multiple people in one family, but 8 registered to one. 9 SENATOR MARCELLINO: I understand. 10 HARBOR MASTER HARRY ACKER, SR.: You know, I 11 would advocate doing the licensing system, where you 12 actually track the operator of it. 13 And even if, you know, the person is a -- is 14 found in violation -- 15 SENATOR MARCELLINO: Hold on one second. 16 They've got to change something. 17 [Pause in the proceeding.] 18 SENATOR MARCELLINO: You were finishing? 19 HARBOR MASTER HARRY ACKER, SR.: Yes. 20 I would advocate more of a licensing system 21 for the operator, because the violation is caused by 22 the operator, not the boat owner. You know, they 23 might not even be on board. 24 So, I would link any type of boating 25 education to an actual license. 1 The registration, as they pointed out, all 2 vessels -- pleasure vessels in New York State must 3 be -- have a New York State registration. 4 But, I disagree with Chris. The ones that 5 are documented, they get the sticker on the front, 6 there's no tracking method if -- you know, on that 7 boat, from that sticker. 8 SENATOR MARCELLINO: All right. 9 Mike? 10 ASSEMBLYMAN MONTESANO: Thank you, Senator. 11 For the Commissioner: On the -- out here, 12 now, for Nassau, for the operations here, does the 13 bay constables or Nassau County Police or the 14 Coast Guard, is there any joint communications 15 between them? 16 I know you coordinate your efforts 17 informally, but, when all the vessels are out there, 18 can they communicate with each other 19 [unintelligible]? 20 COMMISSIONER JUSTIN McCAFFERY: Yeah, we can 21 communicate on the different radio frequencies. 22 And, as far as communication goes, we actually share 23 an office. The Nassau County Police share an office 24 and dock space, both at Tappan Beach and here at 25 Roosevelt. 1 So, you know, there is daily interaction 2 between the Coast Guard, the police, and -- 3 ASSEMBLYMAN MONTESANO: Well, I guess what my 4 question is, though, like, we take the incident that 5 happened July 4th, with all those boats in the water 6 and, you know, everybody's on the border line 7 between Nassau and Suffolk, so I'm sure Huntington 8 has their boats out, and all the other agencies 9 have their boats out. 10 If yous wanted to do a coordinated effort 11 that night, can all those vessels on the water 12 talk to each other? 13 COMMISSIONER JUSTIN McCAFFERY: Yes, we can. 14 ASSEMBLYMAN MONTESANO: All right. 15 And just getting -- if I can just touch on 16 the issue, whoever may know the answer on the 17 capacity plates, realizing that this might be a 18 federal issue, right now, in the boating industry, 19 is there a standard set by the manufacturers as to 20 what the capacity is on a particular size boat? 21 HARBOR MASTER HARRY ACKER, SR.: Twenty and 22 under, is mandatory; twenty-six is voluntary; and 23 none after that. 24 And, actually, for the people that have a 25 capacity plate, the weight has been raised from 1 160 pounds, to 185, is the average person. 2 So, we run a launch service, we use to carry 3 26 people. We're down to 19. 4 So, that capacity plate that they're looking 5 at on an older boat is going to be incorrect. 6 That's going to be judged at 160. 7 But, no, after that, there is absolutely no 8 requirements to list and -- 9 ASSEMBLYMAN MONTESANO: So in order for the 10 federal government to even establish this law with 11 capacity plates, they're going have to create an 12 industry -- an industry standard, then? 13 HARBOR MASTER HARRY ACKER, SR.: Yes, they 14 would have to require any new manufacturers to 15 supply capacity plate on all vessels. That's 16 what -- how to do it. 17 But, again, it's federal, as I say, with the 18 licensing. 19 I know in Suffolk County, there's a move to 20 put licensing in Suffolk County. That is not good. 21 We need the State to take the lead on it, and 22 the County to support it, but don't go passing 23 laws in small jurisdictions on licensing. It's 24 not going to work. 25 ASSEMBLYMAN MONTESANO: And my last question 1 is, you had touched on it before, about amending the 2 criminal procedure law, to give peace-officer status 3 to the members of the Coast Guard while operating, 4 you know, in New York. 5 So, should I understand that, currently, if a 6 U.S. Coast Guard vessel, if [unintelligible] with a 7 boat on Long Island waters, and they violated any 8 of the State or local -- the State navigation law or 9 local town law, or even boating while intoxicated, 10 they cannot enforce? They can't take enforcement 11 action? 12 HARBOR MASTER HARRY ACKER, SR.: No. No. 13 And, number one, they would have to -- we 14 would have to partner with them. 15 The same as you said, we have to -- when you 16 do your legislation for boating licensings, we have 17 to talk -- Senator, you're right, we have to talk to 18 Connecticut, we have to talk to New Jersey, because 19 we all should get on the same page. We're sharing 20 the same water. 21 The same thing, a perfect example: My son's 22 a New York City police officer. He's also a 23 reservist at Jones Beach. He's completely trained 24 to be able to enforce the State law, but he's 25 restricted, because he can only -- when he's working 1 for the Coast Guard, he can only enforce a federal 2 law. 3 ASSEMBLYMAN MONTESANO: Thank you very much. 4 Thank you, Senator. 5 SENATOR MARCELLINO: Gentlemen, thank you for 6 your time and your attention, and coming in. 7 I thank all of the witnesses who have spoken. 8 [Unintelligible], I give you lasting credit, 9 you have fortitude. And -- or else, well-padded 10 bottom. 11 [Laughter.] 12 SENATOR MARCELLINO: Either way, we 13 appreciate the fact that you came. We appreciate 14 your testimony. 15 This Committee will take the testimony, and 16 we -- anyone who wishes to submit it in writing, who 17 was here today, or is watching these things, over -- 18 on your computer, or whatever, wishes to submit, we 19 will keep the record open for a period of time. 20 I know -- at least until the end of this 21 month, and we will take that testimony in, and we 22 will be reviewing it as far as recommendations. 23 We will write a report to the Senate, and 24 make recommendations as we see needed, relative to 25 the testimony that came. 1 So, again, I appreciate you coming, and thank 2 you. 3 And the meeting is adjourned. 4 5 ---oOo--- 6 7 (Whereupon, at approximately 2:10 p.m., 8 the public hearing held before the New York State 9 Senate Standing Committee on Investigations and 10 Government Operations, concluded, and adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Public Hearing to Examine the Current Laws and Regulations on Boating Safety in New York State, and Whether Changes Are Necessary to Protect the Public on Our Waters

Transcript