To the Editor:
Responding to Sue Kiesel’s submission appearing in the August 1st edition (“Fulton Chain is no place for noisy, oversize boats”), Section 44 of the New York State Navigation law is applicable.
Pertaining to “pleasure vessels” on “navigable waters of the state,” both of which apply to the topic, Section 2(a) provides:
“No person shall operate or give permission of the operation of any vessel in or upon the waters of this state in such a manner as to exceed a noise level of 90dB(A) when subjected to a stationary sound level test as prescribed by SAE J2005.”
In a similar but less demanding mandate, Section (b) provides:
“No person shall operate a pleasure vessel…as to exceed a noise level of 75dB(a) measured as specified in SAEJ1970. Provided, that such measure shall no preclude a stationary sound level test as prescribed by SAEJ2005.”
The references are to policies and testing procedures of long standing offered by International Society of Automotive Engineers and adopted worldwide.
How loud is this?
The American Speech-Language Hearing Association’s web site, warning that “sounds that are louder than 85dB can cause permanent hearing loss,” classifies the 90dB produced by passing subways or motorcycles as “extremely loud” while the 80-90 dB produced by blow dryers, kitchen blenders, and food processors as “very loud.”
Also prohibited [section 44(4)] is the operation of any vessel “equipped with an altered muffler…a muffler cutout, (or) bypass (which) otherwise reduce(s) or eliminate(s) the effectiveness of any muffler or muffler system installed…” Some local operators are believed to intentionally employ such noise increasing devices.
Informational tests of passing offenders at a safe distance on Fourth Lake using highly rated decibel meters apps show the statutory limits are exceeded.
Strict enforcement would require calibrated equipment operated by trained officers much like the use of breathalyzers in drunken driving/boating arrests.
Section 44(9) classifies a failure to comply as a violation, not a crime, authorizing a fine not to exceed $50 for a first offense and no more than $250 for subsequent offenses.
All such fines are to be deposited in a statewide fund known as the boating noise level enforcement fund with the proceeds distributed to local law enforcement officials for the purpose of enforcing the provisions of section.
It would seem that a sufficient statutory basis and easy-to-use tool (good hearing and common sense) are readily available to our Town and Sheriff boat patrols to permit informal enforcement by way of a friendly warning.
In case they have missed this discussion in The Weekly Adirondack, a copy has been sent to Herkimer County Sheriff Farber, Hamilton County Sheriff Abrams and Supervisors Riehle and Frey.
Joel L. Marmelstein,
Old Forge
