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Notice of Public Hearing and Opportunity to Comment

Proposed Amendments to Chapter 16 of Title 15 of the Rules of the City of New York:

Rules for the Recreational Use of Water Supply Lands and Waters

In Compliance with Section 1043(b) of the New York City Charter Notice is Hereby Given of the intention of the Department of Environmental Protection to amend §16-02, §16-03, §16-07, §16-08, §16-13, §16-18 and §16-20 of Chapter 16 of Title 15 of the Rules of the City of New York, the NYCDEP Rules for the Recreational Use of Water Supply Lands and Waters. These amendments expand recreational boating opportunities on specifically designated areas, beginning with designated areas of the Cannonsville Reservoir, by allowing additional types of boats to be used in these areas without the requirement that occupants of these boats be engaged in fishing. The amendments have been written to allow the Department of Environmental Protection to similarly expand recreational boating opportunities in the future at other City-owned reservoirs or portions thereof, after compliance with environmental review requirements.

The proposed rules would be promulgated pursuant to the authority of the Department of Environmental Protection as set forth in Section 1043(a) of the New York Charter and Sections 24-315, 24-326, 24-327 and 24-359 of the New York City Administrative Code.

Further notice is hereby given that the Department of Environmental Protection will hold hearings on the proposed rules on the following dates:

Upcoming Hearings
Date Location
Hours: 7pm – 9pm
March 16, 2009
(Monday)
SUNY Delhi
2 Main Street
Sanford Hall Room 001
Delhi, NY 13753
March 17, 2009
(Tuesday)
Putnam County
Training and Operations Building
112 Old Route 6
Camel, NY 10512
March 18, 2009
(Wednesday)
NYCDEP
59-17 Junction Blvd.
19th Floor Legal Library
Flushing, New York 11373

Persons interested in pre-registering to speak should give written notice to Melissa Siegel, Department of Environmental Protection (DEP), Bureau of Legal Affairs, 19th Floor, 59-17 Junction Boulevard, Flushing, New York, 11373. Please include a telephone number where you can be reached during normal working hours. Speakers will be limited to five minutes. Persons who request that a sign language interpreter or other form of reasonable accommodation for a disability be provided are asked to notify Melissa Siegel in writing at the foregoing address at least 10 days prior to the hearing date.

Persons who wish to comment on the proposal in writing must submit written comments to Melissa Siegel at the above address or at rules@dep.nyc.gov on or before March 20, 2009.

Registration to testify at the hearings will be accepted at the door at each location until 8:30 p.m. Preference in order of testimony will be given to those who pre-register.

A copy of the proposed rules may be obtained from the offices of the Department of Environmental Protection, Bureau of Legal Affairs, 19th Floor, 59-17 Junction Boulevard, Flushing, New York, 11373 and at www.nyc.gov/dep.

Written comments and a transcript of the public hearing will be available for public inspection within a reasonable time after receipt of a request, between the hours of 10:00am and 4:00pm at the offices of the Department of Environmental Protection, Bureau of Legal Affairs, 19th Floor, 59-17 Junction Boulevard, Flushing, New York, 11373.

Statement of Basis and Purpose

The purpose of the proposed rule is to amend Chapter 16 of Title 15 of the Rules of the City of New York to provide expanded recreational boating opportunities to the public by allowing additional types of boats to be used without requiring that occupants of these boats be engaged in fishing in areas specifically designated on the Cannonsville Reservoir. DEP will ensure that appropriate procedures are in place to protect water quality and maintain security. The amendments have been written to allow the Department of Environmental Protection to similarly expand recreational boating opportunities in the future at other City-owned reservoirs or portions thereof, after compliance with environmental review requirements. Two definitions have been added to §16-02 to accommodate the expanded recreational boating opportunities and the definition section has been re-lettered accordingly. The amendments also eliminate the need for hunters to apply for and maintain a Hunt Tag in order to hunt at Hunting Areas and the rules have been adjusted accordingly to eliminate all references to the Hunt Tag. The language to be deleted is bracketed and the new parts to be added are underlined.

The proposed rules are derived from historical recreational uses of the land that are recognized in the New York City Watershed Memorandum of Agreement (MOA), dated January 21, 1997, and are not intended to establish supervised recreational activities on these lands. The City does not assume any liability for the recreational use by the public of its lands and waters beyond that provided in General Obligation Law § 9-103.


Rules for the Recreational Use of Water Supply Lands and Waters

More Information

NYC Department of Environmental Protection
Public Affairs

59-17 Junction Boulevard
19th Floor
Flushing, NY 11373

(718) 595-6600