Proposed regulation roils waters

Life jackets save lives, but stir controversy

By SANDY LONG

NARROWSBURG, NY — Less than two years into his tenure as superintendent of the National Park Service (NPS) Upper Delaware Scenic and Recreational River, Vidal Martinez is navigating rough waters by seeking to establish a regulation requiring all river users to wear life jackets when the river is six feet or higher as measured at the gage in Barryville.

The move was triggered by the recent drowning of 36-year-old Hin Siu, who was not wearing a life jacket when his rented river raft flipped in flood-swollen waters on August 23. It was supported by data showing that, of 56 drownings that have occurred in the Upper Delaware since 1980, only three victims were wearing life jackets, and those were improperly fastened.

To improve the odds for survival, Martinez may exercise special authority to close the river to all users who are not wearing life jackets when the river is at a designated level or above. He sought and gained the support of the region’s major livery operators and met with the Upper Delaware Council’s (UDC) sub-committees, where he began to encounter opposition to aspects of the proposed regulation.

At the UDC monthly meeting on September 3, council members repeated their concerns, entering into lengthy and sometimes tense discussions. At issue is the use of the Barryville gage measurement of six feet, which can equate to variable levels at other locations along the nearly 75-mile stretch of river.

While generally supportive of a mandatory life jacket policy, several council members raised objections to the regulation as presented.

“How do you gauge the whole span of the river at this one location?” asked Town of Cochecton representative Larry Richardson. “If you’re upstream and wading or fishing at a lower level, should you be subjected to the same restrictions as someone who is at a higher level where the river is more dangerous?”

Westfall Township representative Alan Bowers wanted more time to be spent on developing specifics of the new regulation. “I think there should be a longer discussion about the para-

meters of the policy,” he said. “To take one point at the bottom of the river and use it to cover the entire river for boaters, swimmers and fishermen, that’s what I object to. The upper part of the river is not necessarily dangerous when it’s six foot at Barryville.”

Also under discussion was the potential impact of the policy on stationary river users such as swimmers and fishermen.

“Economically, you could hurt another area of the river with the six-foot level,” said Fred Peckham, Town of Hancock representative. “It could dissuade fishermen and, therefore, economic opportunity. You’ve got different interests. A fly fisherman wading in the river is going to find a life jacket very cumbersome.”

Martinez explained that having a mandatory policy with variable river levels would pose serious enforcement problems. “High water is high water,” he said. “The characteristics of that river change, and people take risks going on it without a life jacket. How are my rangers going to enforce this if I don’t have a level to work with? How can we have one zone committed to life jackets and another not? I want you to step back and think about the overall objective of what we’re trying to do—save lives.”

Town of Fremont representative Jack Niflot advocated for the new regulation. “People didn’t like seatbelts when they first came out. They didn’t like airbags. They didn’t like helmets. They got used to it because it saved lives. Let’s get our priorities straight here.”

Ultimately, a motion to support the proposal by the NPS to develop regulations to make life jacket use mandatory for all river users when the height at Barryville is six feet or higher failed, but a reworded motion eliminating the specific height and location restrictions passed unanimously.

Expressing his frustration at the potential delay, Martinez said, “I just want you to understand that I have the discretionary authority to do this, but I prefer to have buy-in from the council. There would be an extensive outreach effort to inform river users, I assure you. Our rangers would give warnings first. The intent is education, to make people understand they’re taking their lives in their hands.”

Martinez said he would continue discussions with NPS staff to see what options exist. “But if I feel compelled to push this agenda forward, I may have to do it,” he added.

“It’s a bad precedent to start,” said Richardson. “Once you do that, there is no relationship anymore.”

During public comment, others expressed concern over delaying the new regulation.

Two livery owners supported the establishment of a specific level and mandatory wear policy. Rick Landers commended Martinez for his fast action in coming up with a stopgap measure. “It’s a start, and something concrete,” he said. “Personally, I’d love to see it at five feet. We need something immediately because the river has been really crazy this year.”

“You have to come up with a standard,” added Dave Jones of Kittatinny Canoes. “We do need something. I support a mandatory wear policy. It will prevent drownings.”

Ranger Bill Weber, a 23-year employee of the NPS, pulled his dive helmet from a bag and hoisted it into the air. He told council members he uses the helmet to locate drowning victims, then donned his life jacket. “I hear excuses all the time why an individual will not wear their life jacket. It’s too hot. It’s too bulky. I put myself on the line every day assisting the visitors when they get themselves into a situation that they can not get themselves out of. Life jackets don’t do you any good unless they’re being worn.

“It’s been too long now for us to keep shaking our heads and saying we should do something. You folks have the power to help people wear their life jackets. It’s too long to say, maybe six feet isn’t the number, maybe it should only be this section of the river. Give the visitor a chance to survive. Let’s not bicker about water levels and where we are on the river. Let’s get it done.”

UDC chairman and Town of Shohola representative George Fluhr responded, “I strongly take issue with the term bickering. This council has supported the concept of life jackets. People on this council have worked for over 20 years with the park service. We’ve learned that one of the things that causes more problems and more defiance, is when it looks as though somebody is being told, ‘This is what you will do.’ Our discussion, and the way we came to our final decision, supported the superintendent’s request. We commend and appreciate what the park service personnel are doing. But we’re working together to come out with a solution that’s satisfactory.”