DECLARING A DISASTER EMERGENCY
WHEREAS, pursuant to Executive Order No.165, a disaster has heretofore been declared in the Counties bordering Lake Ontario and the Saint Lawrence River due to coastal flooding, widespread erosion, and water damage to structures and infrastructure resulting from above average precipitation and snow melt throughout the months of April and May 2017; and
WHEREAS, the recreational boating season has commenced, increasing the amount of vessels upon the waters of Lake Ontario and the Saint Lawrence River; and
WHEREAS, due to the extreme high water levels on these waters and the conditions created by such high water levels, vessels travelling at any speeds greater than five (5) miles per hour within six hundred (600) feet of shore would be acting without reasonable and prudent regard for actual and present hazards, including but not limited to excessive floating detritus in the water caused by flood conditions; docks, break walls, and other items that are typically clearly visible, but that are now submerged; and damage to shoreline and property exposed to high water caused by excessive wakes; and
WHEREAS, pursuant to the Navigation Law of the State of New York, the Commissioner of Parks, Recreation and Historic Preservation has the authority to administer the provisions of the Navigation Law, including but not limited to the limitations on the speed at which vessels may be operated in the navigable waters of the State.
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, do hereby amend Executive Order 165 by modifying those sections of the Navigation Law, including but not limited to Section 45(1)(b), and the regulations promulgated thereunder, so as to provide specific authority and direction to the Commissioner of Parks, Recreation and Historic Preservation to establish during the continuation of this emergency speed limits of five (5) miles per hour within six hundred (600) feet of shore in the affected counties where she deems it appropriate and necessary.
FURTHER, I hereby extend all of the terms, conditions and directives of Executive Order No. 165 for the period from the date that the disaster emergency was declared pursuant to said Executive Order until July 2, 2017.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this twenty ninth day of May in the year two thousand seventeen.
BY THE GOVERNOR
Secretary to the Governor
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