Rob Buchanan, Ruth Lindner, Phil Yee, Village Community Boathouse

May 20, 2008 To: Department of Homeland Security/US Coast Guard From: Village Community Boathouse, Pier 40, Manhattan Re: Proposed expanded and combined Liberty and Ellis Islands security zone, New York Harbor [Docket No. USCG—2007-0074] On behalf of the membership of the Village Community Boathouse, and the several thousand members of the public we expect to host this season, we are writing to voice serious concern about the Coast Guard’s proposed revisions to the current security zones in New York Harbor. While we are gratified that the rule change would result in an overall reduction in the amount of water that is off limits to the public, we are deeply alarmed by the idea of expanding the security perimeter around Liberty and Ellis Islands to 400 yards, closing the channel between the islands, and declaring the water ‘behind’ the islands—that is, to the west—a no-go zone that would extend all the way to the New Jersey shore. Simply put, we believe the rule change, as written, would make human-powered boating in New York Harbor more difficult, less enjoyable, and—most importantly—less safe. First, a bit of background on the Village Community Boathouse (www.villagecommunityboahouse.org) : We are an all-volunteer group that operates free community rowing and after-school programs from April to December on Pier 40 in Hudson River Park, on the west side of Manhattan. We build and row 25-foot Whitehall gigs-- fast, seaworthy replicas of a traditional 19th-century New York Harbor design. Last year, we got nearly 2000 people out on the waters of the Hudson and beyond, many of them for the first time, and this year we expect to embark even more. Liberty Island is just 1 ½ nautical miles south of Pier 40. We often row by it en route to Liberty State Park, Port Liberte, or the Kill van Kull, usually passing along the edge of the main Hudson River shipping channel. One of the problems with expanding the security perimeter from 150 to 400 yards is that it will inevitably push us out towards the middle of the harbor, in amongst the shipping traffic—precisely the place we least want to be. An even bigger concern for us is that the proposed security zone eliminates the possibility of slipping behind Liberty Island in the event of unexpectedly rough weather, contrary winds, or an accident. Were we to find ourselves homeward bound with a line of thunderstorms approaching from the west, for instance, we would vastly prefer to be creeping along under the lee of the Jersey Shore—where there are numerous possibilities for emergency landing and shelter—than to be rowing east into the middle of the harbor in order to get around the corner of the new security zone. At a harbor safety event on May 17, a Coast Guard officer pointed out that the proposed regulations do allow for occasional, specially-permitted events inside the security zone, and that National Parks officers on patrol might also be willing to allow transits of the zone on an ad hoc basis. But obtaining event permits is an inherently cumbersome process, made all the more complicated by the fact that our excursions are dependent on weather and tide, and typically organized on short notice. Nor does it strike us as a good idea to make a float plan contingent on the personal say-so of someone who may or may not be familiar with the navigational demands of human-powered boating, and may or may not be in an accommodating mood. We don’t know what kind of calculations gave rise to the idea of a 400-yard perimeter— according to the Coast Guard officer, that information is classified. We do, however, believe that there are several possible modifications to the proposed regulations that might address our safety concerns without compromising the integrity of the security zone. One approach might be to place human-powered vessels in a different category than motorized ones vis-à-vis the security area. After all, rowing gigs and kayaks are dramatically smaller and slower than speedboats, and thus seem unlikely to be the ‘vector of choice’ for terrorists trying to topple landmarks, injure tourists, or sink ships. But perhaps the most practical solution would be to create two narrow ‘kayaker corridors,’ one passing between the islands and the other ‘behind’ them. The first would give us a number of welcome navigational options and allow for a continuation of the tradition of circumnavigating Liberty Island, even if at a greater distance than before. The second would permit us to pass along the edge of Liberty State Park, and would require the restoration of access beneath the Ellis Island Bridge—a symbolic tradeoff, perhaps, but one that might go a long way toward soothing feelings about this proposed expropriation of what is, after all, public water. Although we were initially upset at the absence of any public outreach on the proposed security zone expansion, and the apparent lack of public process, we were heartened by the suggestion at the May 17 meeting that the new rules were not, in fact, a ‘done deal.’ We trust that some of the concerns raised here resonate with you as fellow mariners, and look forward to working with you as fellow citizens to ensure that the harbor remains a safe, secure and public space. Sincerely, Rob Buchanan Ruth Lindner Phil Yee Interim Directors, Village Community Boathouse