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Hopefully this is not part of a bigger plan to slowly phase out ECON officers by having a state police presence?  

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Dec I believe had some funding cut or aren’t slipping a boat... and are riding with the sheriff boat doing their checks from that platform.  If I find them this weekend I will get the scoop...and advise what I find... 

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Just so we are clear what are the requirements? I have looked up such requirements and seems some are blurry. Right now I always have flare gun with flares, life jackets, a throw, air horn, ore, fire extinguisher, and anchor. Am I missing anything?


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Wow those came out blurry sorry. I can't get the picture to send clearly. If you Google NYS required boater safety equipment there is a downloadable Pdf that is pretty self explanatory on what is required and what is not.

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Back to flares.  I just read the Coast Guard regs.  It says visual distress signals are only required on coastal waters, the Great Lakes & territorial waters.  The Finger Lakes are none of those, so is the visual distress signal requirement on all water bodies a state law?

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The finger lakes are connected by the canal, and thus count as navigable waters of the US and fall under the United States Coast Guard AND the State in which the body of water resides.  If not connected via the canal the lake only is under the state laws.

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Ok, so my final question is this.  In non-coastal waters not connected by a canal a VDS  is not required, correct?  Do I need a VDS to fish for panfish in say, Black Lake?

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Posted (edited)

See the above posted chart for New York State by lily depends on boat size and questions are good other people learn whether they post or not they are in column of visual distress device 

Edited by Lewis863

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Glad I read this thread...My fishing boat is compliant but I didn't know I needed a whistle when out in my kayak...I will have to get a couple for my son and I.

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Posted (edited)

I read an article about what is considered as "Coastal Waters" by the Coast Guard.  It stated that the CG regulations only apply if a connecting canal (between you and the coast) is not less than two miles wide. 

 

I just found the reference in the CG boating regulations online manual as regards the need for Visual Distress signals under CG law 33CFR 175.101.  It states non-application of at least this CG regulation if you're separated from the ocean by a canal less than two miles wide.  While NYS still requires such signals, it is limited to boats 16' or more. 

Edited by bluetop
further information

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I wonder what a good constitutional lawyer could do with the "search" part of the search-and-seizure without probable cause part of a safety check-pull over.  ......My experience has always been positive.  Yes sir, no sir, here are my licenses, registrations and safety equipment.  I wish they would conduct the searches upon boat retrieval at the launches instead of on the water with trolling gear out.  

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They don’t need probable cause to board your boat.
You might as well be prepared for an encounter and be courteous when contacted.



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I haven’t gotten a courtesy inspection in years. Getting one soon.


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I suspect they use the same legal justification that is used for roadside sobriety checkpoints and vehicle registration/inspection checkpoints.  And those have passed Supreme Court muster.

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Was stopped twice last weekend coming out of Sodus Point.  On the way out, the sheriff stopped me cause there is a no wake, and 5 mph within 1000 feet of land.  Seems like I was not quite 1000 ft from one shore.  I wasn't on plane, only doing about 8 MPH.  Not being a hunter I have trouble estimating distances.  They were very courteous, and explained the damage being done to the properties around the bay, and gave me a warning.

 

The same trip, on the way back in I thought I was well within the letter of the law, while doing 5 MPH,  and the USCG blue lights  appeared.  They stated that even though they agreed that I was only doing 5 MPH my single engine 24 footer was still causing a wake.  Again, they ere friendly, courteous and were only there to issue info.

 

The sheriff explains that there is only a very narrow strip where you have 1000 feet on either side, so unless you have a rangefinder, you might as well keep the no wake from the dock to the lake.

 

My two incidents made me feel that law enforcement is not trying to bust balls, or generate fine income, but only assist the folks around the bay that are being tortured by the high water.

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57 minutes ago, weave said:

I suspect they use the same legal justification that is used for roadside sobriety checkpoints and vehicle registration/inspection checkpoints.  And those have passed Supreme Court muster.

 

 

Can you link the course case?

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so just for fun on a day where the waves are 1-3 foot can you still get a ticket if your wake is less than 3 foot high?

 

i try to respect the limit when im out but we were coming in last sunday and it was pretty rough and that conversation came up.  lots of time to talk about it as we putted in but even at full speed i cant generate a wake to match the waves that were out that day.  that said when its that rough i go slow anyways because i dont like the pounding on my knees and back.  

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Posted (edited)

I would think it would be illegal for them to board you without consent but they can ask you to show proof of compliance with the law

 

Also as far as checkpoints go they are clearly legal but I'd be curious to know if you actually have to roll your window down and answer any questions. 

Edited by bandrus1

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I would think it would be illegal for them to board you without consent but they can ask you to show proof of compliance with the law
 
Also as far as checkpoints go they are clearly legal but I'd be curious to know if you actually have to roll your window down and answer any questions. 

https://www.sailfeed.com/2012/10/coast-guard-boardings-and-your-fourth-amendment-rights-part-1/

Good luck with that


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