-- > > From: Reeves, Debbie (Debbie) > > Sent: Monday, September 27, 1999 3:37 PM > > To: PaddleWise_at_lists.intelenet.net; 'rww_at_neosoft.com' > > Subject: RE: [Paddlewise] Saturation Point > > > > > > > > ---------- > > Matt wrote: > > The landowners just don't want us on what they > > > have long considered there property even though it legally isn't. There > > > have been incidents of paddlers being threateded by an irate landowner > > > with a shotgun while standing legally on public property. > > > > Richard wrote: > > Dial 911. I've never heard of this happening on a Texas beach. On a > > hill > > country river, yes, but a public ocean facing beach? Never. > > > > And I respond that this very thing happened to a group of us 3 weekends > > ago. We were paddling on Barnegat Bay (NJ) and had crossed over to the > > lighthouse. Down the shoreline just a bit from the light is a public > > municiple parking lot (dirt), used heavily by fisherman and 'water > > gazers' which is bulkheaded (facing the bay). <SNIPPED> I am not certain I follow all of Debbie's description but marinas do consider that the water within the perimeter they create with bulkheads, wave attenuators, etc. is their property. By right, they can keep you out under ordinary conditions. But, if your boat, big or small is disabled, or attempting to escape a raging sea or storm, you would have a right to pull in. It is something called safe harbor or safe haven law. By tradition, any vessel can tie up to any pier when in such a jam. We run across the latter situation every so often at the North Cove in the World Financial Center in lower Manhattan just a half mile south of the Downtown Boathouse. This place is filled with major yachts that pay thousands of dollars a foot to be there. The sign at the narrow entrance to this luxury marina says "No Jet Skiis, No Kayaks" (interesting bedfellows we are in the eyes of the marina operator). If you just paddle in for sightseeing, you probably should not be there. But every so often a paddler caught by a strong ebb current impeding his return (it can hit about 3 knots or more along the seawall there) to the Downtown Boathouse has ducked into the North Cove Marina for a breather. That paddler would be within his rights to be there no matter how much they yell at him. Just claim safe harbor right. It would be interesting to see what would happen if they try to have you arrested, etc. best, ralph BTW, it was just such a incident as Debbie's, or similar one I should say, that led to the creation of official Parks Dept kayak launch sites in NYC. A pioneer paddler in these parts, Chuck Sutherland, tried to pull up into an area about 15 years ago to make a phone call or grab a Coke when he and his group were prevented from landing. Chuck got peeved and within about a year he instigated the official kayak launch system. I came along a bit later and fine tuned it and expanded the number of sites as well as wrote a guide to them for a local paddling club. This is an extension of the old saying about rather than curse the darkness, light a candle. If you don't like something, do something about it. -- ----------------------------------------------------------------------- Ralph Diaz . . . Folding Kayaker newsletter PO Box 0754, New York, NY 10024 Tel: 212-724-5069; E-mail: rdiaz_at_ix.netcom.com "Where's your sea kayak?"----"It's in the bag." ----------------------------------------------------------------------- *************************************************************************** PaddleWise Paddling Mailing List Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net Website: http://www.paddlewise.net/ ***************************************************************************Received on Tue Sep 28 1999 - 07:42:00 PDT
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