N.J. Admin. Code § 13:82-1.20

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:82-1.20 - Marine events

(a) For the purposes of this section, "marine event" means an organized water event of limited duration that takes place on a predetermined schedule. A marine event shall include, but is not limited to, vessel parades, regattas, contests that use speed, acceleration, distance, time, and/or destination, retrieval of any object(s), obstacle courses, or maneuvering as a measure of competition involving more than five vessels (sail and/or power) underway at any time, and swimming events. A marine event shall not include events of public entertainment on wholly owned private lakes.

(b) Marine events shall not be held unless a permit has been issued in accordance with this section, unless the United States Coast Guard has notified the State Police that the Coast Guard is assuming primary responsibility for the event. A copy of the permit shall be available for inspection by a member of the State Police upon request during the marine event. Failure to possess or produce the permit upon request of a member of the State Police shall be cause for termination of the event.

(c) The organizer or sponsor of the marine event shall submit a request, in writing, to the Station Commander of the State Police marine station responsible for patrolling the area in which the event is intended to take place. The request shall state the nature of the intended activity and shall include the name, address, and telephone number of the person or organization sponsoring the event, the date, start and anticipated finish time, route of travel, number of vessels, and estimated number of persons, and any other information requested by the Station Commander. This request shall be submitted at least 45 days prior to the event. If the event encompasses more than one State Police marine station area, the Station Commander of the area in which the event starts shall process the request, after consultation with the Station Commanders of any other State Police stations affected by the event, and determine whether or not to issue the permit. The Station Commander shall notify the United States Coast Guard district of any request for a permit affecting waters subject to the jurisdiction of the United States. The Station Commander may consult with other law enforcement agencies or governmental bodies with jurisdiction in the affected area.

(d) The Station Commander shall consider the following factors to determine whether or not to issue a permit for the event:

1. Inherent hazards of the event;

2. Customary presence of commercial or pleasure craft in the area;

3. Any obstruction of a navigable channel that may reasonably be expected to result; 4. The expected accumulation of spectator craft;

5. Previous history of the event or sponsor; 6. Other events for which a permit has been issued that may be affected; and

7. The need for conditions or restrictions.

(e) The Station Commander shall issue the permit, with or without restrictions, or shall deny the request and advise the sponsor of the reasons. At the discretion of the Station Commander, a single permit may be requested and issued for recurring events by the same sponsor or organizer for a period not to exceed six months.

(f) The Station Commander or Shift Supervisor may terminate any event due to circumstances that were unforeseen at the time of issuance of the permit that may present a safety hazard, including weather conditions, or if the event is being conducted in a manner that is inconsistent with the laws of this State, or restrictions of the permit.

N.J. Admin. Code § 13:82-1.20

New Rule, R.2004 d.318, effective 8/16/2004 (operative October 1, 2004).
See: 36 New Jersey Register 1174(a), 36 New Jersey Register 3886(a).

Amended by 55 N.J.R. 2137(a), effective 10/2/2023