Robert A. Volin

RE: Docket Number USCG-2007-0074 Atlantic Kayak Tours is a well established corporation that has provided kayak tours in the New York, New England area Hudson Valley, New York Harbor, and coastal areas from New Jersey to Rhode Island for over 23 years (see our website at http://www.atlantickayaktours.com/). We are considered a leader in the industry, providing training to BCU standards in personal kayak skills and Coach/Leader certification. We are concerned about the proposed change specified Docket Number USCG-2007-0074. The consolidation of Liberty Island and Ellis Island security zones would negatively affect several intermediate and advanced level tours that we run from Liberty State Park. These include tours that cross to Valentino Park in Brooklyn, tours to the Manhattan upper west side (70's) area, and our annual Manhattan Circumnavigation. The proposed change impacts the final return leg of these tours to Liberty State Park. For example, the Valentino tour typically returns from the northwest "corner" of Governor's Island, ferrying across the harbor during a strong ebb toward green can 31 and from there passing between Liberty and Ellis Islands before turning south near the park's promenade, rounding the corner and proceeding west to the take-out. Under the new rule, we would have to drop further south to green can 29, and from there pass south of Liberty Island some yards off green cans 3 and 5. Ordinarily, this alteration of course would not be a problem, however fatigued paddlers might be challenged by increased exposure to the strong ebb during that final leg of the journey. Moreover, and perhaps more significant, the change in course will require increased vigilance and flexibility during the final leg of the tours, since it will also extend our exposure to Staten Island Ferry traffic. Should we need to change course to avoid the ferry, we may be forced to drop south of Liberty Island and the entry to Liberty State Park and then be confronted with a strong opposing current at the end of the day. Accordingly, we request that hand-powered craft such as sea kayaks be permitted to continue to pass between Liberty and Ellis Islands in a corridor equidistant from the two, and well off both facilities, as we have in the past few years. If a blanket permission applicable to all kayakers at all times is unacceptable, then we propose a solution that would address both security and safety concerns: we would propose to notify the appropriate authorities -- presumably Vessel Traffic Service -- of the days in which the aforementioned tours are scheduled, and of the estimated time of our passage through the security zone. We would then confirm our plan via VHF as we approach the area. We would be happy to meet with you to discuss this issue. Please address your reply to: Bob@AtlanticKayakTours. I may also be reached by phone at my office, at 914-594-4262.