November, 2001 Chartroom Chatter
This is my last report for the Chartroom Chatter as Commodore. We have had our elections and the Change of Watch will be at the November Delegates Meeting. Thanks to the Nominating Committee chaired by IP/C Don Antos, the CBYCA has top rate Flag Officers and Board Members for the coming year.
It has come to our attention that many Pennsylvania and New Jersey boaters are showing concern about the crack-down on all boaters who use Maryland waterways without paying the required excise tax. This law has been on the books and enforced for years. The law requires a one time five percent excise tax of any boat that spends MORE THAN SIX MONTHS OF EACH YEAR ON MARYLAND'S WATERWAYS. The new addition to the law just puts more teeth into it with fines. If you are caught trying to avoid the tax they can add ten percent penalty and interest. If they can prove fraud, they can assess a penalty equal to 100% of the tax. This is not aimed at out of state visitors.
I would like to thank the members of Aquia Harbor Yacht Club for hosting the CBYCA October Board Meeting. The members went out of their way to make everyone feel at home. They also presented CBYCA with the plaque they received from the State of Virginia pertaining to the Clean Marina Program. Aquia Harbor Yacht Club is one of the more informed clubs around when it comes to available grants, whether it is from State or Federal sources.
I would, once again, like to thank the member clubs for giving me the honor of serving as Commodore of a great organization. I intend to stay active in the organization and to be available when called upon.Ahoy there! I hope you all had a great boating season. Except for a few hardy souls looking forward to holiday light parades and New Year cruises, the rest of us are tucking our craft in for a long winter's nap. As I contemplate my 2001 "sea stories" to tell by the fire, I'd like to thank Kent Narrows YC and Aquia Harbour YC for being great hosts for our September and October board meetings! It was a real pleasure to visit your clubs.
Our next CBYCA Delegates Meeting and Change of Watch will be at 1300 on November 17th at the Belvedere YC in Arnold, MD on the Magothy River. A buffet lunch will be served and a cash bar will be available. The price of the lunch is $7. Please contact me for reservations. Our speaker is scheduled to be the famed Maryland angler and columnist, Captain Bill Burton. Change of Watch Ceremonies will be conducted at the conclusion of the meeting. See the enclosed flyer for more details.
Finally, mark your calendars for our 2002 CBYCA Commodore's Ball to be held Saturday, December 8th, 2001 at the Best Western Hotel and Conference Center, 5625 O'Donnell Street, Baltimore, MD, from 6:30 p.m. to 12:30 a.m. We are planning a great time. Come celebrate our wonderful association of yacht clubs with your friends from around the Bay! See the enclosed flyer for more details.
by Captain Protocol
We have now come into the time of year where many of our clubs hold a Commodore's Ball, often combined with a Change of Watch. I hope the following discussion proves to be timely, useful, and informative. In my opinion, there are two events a year, the Commodore's Ball and Opening Day, which stand above all others and which club members should make every effort to support. These events are what it's all about - if you don't get it, maybe a yacht club is not really for you.
As with many of the clubs around the Chesapeake Bay and throughout the country, one of the most important and significant annual events is the Commodore's Ball. As a club and as friends we come together, in recognition and appreciation of our good fortune, to celebrate our love of boating and the water, to renew our commitment to the continued success of our club, and to recognize our fellow members who volunteered to lead and represent us as officers and board members. To this end, a formal ceremony is conducted to mark the occasion, to thank those who have led us, and to affirm our commitment to those who will lead us in the new year. Club members are encouraged to bring friends and family. We also recognize and welcome representatives from other clubs and organizations to affirm our bonds and friendships with others who share in our enjoyment of boating and good fellowship. Often the Queen of the Chesapeake or the Queen of the DRYL will attend as symbols and ambassadors of the all the clubs together. Finally, we honor our new Commodore, who, by many years of committed service on behalf of our club and its members, has been given by the members, the honor, trust, and responsibility to serve as our leader, symbol, and ambassador.
The sacrifices and support of the Commodore's 1st Mate are equally recognized. Traditionally, the 1st Mate wears white to the Ball and, if a woman, is given the title First Lady. To my knowledge, the clubs in our area have not settled on an equivalent title for a man, although I have heard 1st Captain used.
For working clubs with little or no paid staff, the Commodore's Ball is one of the few occasions where all members can sit back and enjoy themselves while someone else does the work. As anyone who has been involved with a wedding recently will testify, the cost per person is typical of a catered formal event at halls in our area. The Ball Chairman, in conjunction with the desires of the incoming Commodore, each year attempts to find reasonable balance among costs and the service provided. In general, attire is pretty much what you might wear to an evening wedding reception with the addition, as appropriate, of many folks wearing winter yacht club uniforms. Tuxes are fine but are not required.
Kenneth W. Bean kwbean@maxinter.net
I am still looking for clubs interested in hosting either a CBYCA Board or Delegates meeting next year. There are four Delegates and six Board meetings. We prefer that lunch be available. If your club is interested, please contact me by e-mail or the phone number listed on the inside front cover of this publication. A prompt response is requested so that plans can be finalized for the yearly meeting schedule.
Charles Tulip, Jr., DSLMD C2lip@aol.com
The Cove Point LNG Facility
The facility received its Federal Energy Regulatory Commission Certificate on
October 11, 2001. The only unresolved issues, according to the plant manager,
were those that normally have to be ironed out between Williams and its
suppliers and customers.
The USGC has put their efforts regarding the ship traffic plan on hold because
of the events of September 11. The meeting in Hampton, VA was postponed until
December 4 & 5. Risk Assessment and Mitigation will be the theme. The
Baltimore USCG indicated they have until 30 days before the first ship appears
to approve the ship management plan. The first ship probably won't arrive before
late summer or early fall 2001. Also, they don't believe that they will have any
trouble approving the Williams plans, once they get around to focusing on them.
As an aside: The Captain of the Port of Boston suspended the movement of LNG and
other large ships after 9/11. He has allowed all ship movements to resume
without additional safety conditions, per the head of marine safety there.
The ad hoc committee, considering revisions to the Boat Act, is completing
its work. The revisions should have no impact on the recreational boater other
than to outline more clearly exemptions to the excise tax. The problem for those
who boat primarily in MD waters and haven't paid the 5% excise tax is in the
enforcement. With the success of late in collecting big bucks, you can
reasonably expect that enforcement will continue to intensify.
I asked David Van Dyke, Chief of Enforcement, how VA boaters who use the Potomac
River will be treated. (The Potomac, to the high water mark, is in MD.) He said
that his people will not trouble VA registered boats berthed in VA when they are
on the Potomac. I asked him what he would do if a VA boat was hauled and stored
in MD for the winter (to avoid the VA personal property tax). He again said that
he wouldn't disturb them.
Kent Narrows Dredging
The Army Corps of Engineers is in the process of dredging the northern approach
to Kent Narrows. They should be done in early November. The contract calls for a
7 foot channel at MLLW, but its likely that it will be 7.5 to 8 feet when
completed.
Boat Act Advisory
Committee (BAAC)
The BAAC met on October 18, 2001. They considered five requests for speed
limits:
a. Mill Creek and Jack Abel Cove off the Patuxent River. They recommended that a
6 mile an hour limit be placed further down on Mill Creek and on the cove.
b. Four others were not recommended:
(1) A 6 mile an hour limit on the Magothy River upstream from North and South
Ferry Points;
(2) Extending the existing 6 mile an hour limit on Crab Creek off the South
River from its current location to the mouth of the creek;
(3) Making the current Saturday, Sunday and Holiday speed limit on Clements
Creek off the Severn River "all times;" and
(4) Extending the existing 6 mile an hour limit on Cadle Creek off the South
River from its current location to the mouth of the creek.
c. The Department of Natural Resources (DNR) presented a public notice to amend
Personal Water Craft (PWC) regulations to add: "...to require PWC to
operate at idle speed in waters with a depth of less than 18 inches." (This
regulation comes from legislation passed in the last session of the General
Assembly allowing the DNR to make regulations by boat type.) The need for the
regulation is based on the following: "The operation of PWC in these areas
may cause shoreline erosion, disruption of wildlife and submerged aquatic
vegetation, water pollution, and may endanger the personal safety of operators
of PWC and the operators of other small craft such as rowboats, canoes and
kayaks." Written comments will be accepted until December 3, 2001 and
should be sent to Captain David Street, Regulations Coordinator, DNR at 1804
West Street, Suite 300, Annapolis, MD 21401. He can be reached at 410-260-3280.
d. The next two meetings will be as follows:
(1) November 8, 2001 at the Kent Island Elks Lodge on Rte. 8 on Kent Island, and
(2) December 13, 2001 in Ocean City, location TBD. This meeting will consider
requests for boating regulations in the Ocean City area.
Boating Grant Money
Maryland will be using their Boating Infrastructure Grant (BIG) only at state
facilities such as Somers Cove. For local clubs to tap the MD Waterway
Improvement Fund moneys, they need to contact their local county and/or city
environmental people to start the process. Some form of cost sharing is
required, which can be in kind, such as a place to dispose of dredge material.
(One no longer uses the term "spoil," it's too negative a word for the
crud that comes out of the water!)
Legislative Outlook
DNR Captain David Street said at the BAAC meeting he was unaware of any
legislation the department would be proposing. (In conversations with Members of
the House of Delegates, the consensus seems to be that redistricting may
overshadow all other matters.) The Marine Trades Association of Maryland (MTAM)
has no pending matters other than the revisions to the Boat Act. The plan is
that the MTAM will find a sponsor for the legislation, other than the DNR. The
hope is that this will make it easier for the legislation to pass.
IP/C Donald W. Antos dwantos@maxinter.net
Many of our members clubs are now linked to the CBYCA Website. A link to your home page or club officer allows quick and easy communication. Some advantages to consider are: a sister club may be interested in cruising to your club, the CBYCA may need to forward forms or a notice of a legislative alert, or your club may wish to distribute information about a ball or social event. Does your club have a link or does it need to be updated? To check, go to www.cybya.org. An established link is displayed next to the name of your club and is highlighted in pink and underlined. If you wish to set up a link, email your address to Webmaster dwantos@maxinter.net.
Member At Large Tom Powers oasis3725@aol.com
On July 17th I picked up a mooring at Annapolis Harbor and paid
for my mooring in cash for that night. I was given a receipt and put it in my
boat file. Three months to the day, October 17th, I received a bill from the
Harbor Master dated October 15th for the $20 they claimed I had not paid on that
day. They gave me five business days to either pay it or send them a copy of the
receipt. If I failed to do so, collection procedures would begin and future
docking privileges will be denied until the balance is paid in full. Also, a
lien may be filed against the boat and I may be cited with a misdemeanor.
Luckily I still had my receipt. The lesson here is that if you pay cash for a
mooring in Annapolis, make sure you keep that receipt even after you have put
your boat away for the season. You do not know when they may come after you for
some extra money.
I would like to hear from anyone who has had similar problems. You can get in
touch with me by e-mail, telephone (410) 687-4442 or see me at the Delegates
Meeting on November 17 at the Belvedere Yacht Club.
Art Murray CBYCA Safety Committee Chairman
U.S. Coast Guard Auxiliary
Anyone who owns or operates a sailboat larger than a sailing dingy will sooner or later have to go aloft to fix something. A fouled or broken halyard, a jammed or broken pulley, a broken radio antenna, a burned out anchor light or steaming light are just some of the items that may make it necessary to go aloft. For most people this is an unpleasant task and it is especially so if one has a fear of heights. Even under the best of circumstances working aloft is inherently dangerous and requires some careful thought and preparation before attempting it. If time and circumstances allow, it is usually better to get the boat to a berth in a safe harbor and hire some experienced steeplejack with the proper equipment to do the job. Should that not be feasible, it would be prudent to have at least one other person on hand to assist before one attempts to go aloft.
Going aloft may be accomplished in various ways. One method is to bend the sail halyard to a proper bo'sun's chair and have someone crank the winch to hoist a person up the mast. If there are two halyards (main and jib) available, it would be wise to bend both to the bo'sun's chair as a safety precaution. Whatever tools and equipment are needed to do the task should be carried along in a pouch or bag to minimize the number of times it would be necessary to go up the mast. If there is no halyard available and one is trim and muscular, it might be possible to shinny up the mast to perform some necessary task, or a ladder of sufficient length might be propped against the mast to reach the area requiring attention. Whatever method is employed, it is important that the boat be fairly stable. Working aloft on a rolling and pitching boat is dangerous and should be avoided.
People working aloft have had accidents and they were usually serious. A fall from thirty, forty, or fifty feet onto the deck of a boat can cause severe injury and even death. It is essential that the gear used for going aloft be carefully examined. Failure of a frayed halyard, deteriorated shackle, or improper knot can cause such a fall. Passing powerboats should also take special care when they see someone working high up on the mast of a sailboat. A powerboat wake can cause a sailboat to roll and pitch enough to dislodge a person working aloft. If simple courtesy is not enough to motivate a powerboat operator to take care, then liability should. The saying, "you are responsible for your wake", holds true in a court of law.
District Yacht Club Hosts District of Columbia Green Marina Program Kickoff
Dick Priester, Delegate, District Yacht Club
On October 9, 2001, the District Yacht Club hosted the District of Columbia, the National Park Service, and the Environmental Protection Agency in kicking off the the "Green Marinas" initiative for the District of Columbia. This initiative will recognize marinas, boatyards, and boating clubs for going well beyond environmental compliance to protect and preserve local waterways.
The District Yacht Club, which is located on the Anacostia River, will be the first DC marina designated as a Green Marina. Guest speakers introduced by the District Yacht Club Commodore Pat Kelley, included Environmental Protection Agency Administrator Christie Todd Whitman, District of Columbia Mayor Anthony Williams, and Regional Director of the National Capital Region of the National Park Service Terry Carlstrom.
The goal of the program is to motivate boating facilities to achieve Green Marina status by voluntarily following principals to reduce pollution and help protect the waterways in the District of Columbia.
As part of the program, the District of Columbia, the National Parks Service and the Environmental Protection Agency partnership compiled a Green Marina Guidebook that outlines how operators can comply with the environmental regulations and offers suggestions and advice to go above and beyond compliance to protect fragile marine ecosystems.
Designation as a Green Marina is especially significant to the District Yacht Club since they will celebrate their 50th Anniversary in 2002.
Submitted by Jerry Donofrio
Chairman Boater Voter Coalition
Are you prepared to winter your boat in Maryland waters? Boats registered outside Maryland may face a costly education if not prepared. The Maryland DNR collected over $1.5 million in taxes from owners of vessels not properly registered in Maryland. The Boater Voter Coalitions (BVC) gained valuable information about visiting Maryland waters during a telephone conversation with Mr. Dave Van Dyke, head of the Maryland DNR tax enforcement division. I called Mr. Van Dyke after a discussion at a recent DRYL meeting ended with unresolved questions.
The law is very clear that your vessel MUST BE REGISTERED IN THE STATE OF PRINCIPAL. If principal use is in Maryland waters then you must register your boat in Maryland. "Principal Use" is defined as, "in use the greatest percentage of time during a calendar year." Also, "In use", means that it is floating or sitting on a trailer. Vessels on the hard in yards for repair are not considered in use.
This "Principal Use" policy is fairly standard in every state. Common sense convention is used in application of the regulation. Example: A documented boat registered in Florida traveled up the Inter-coastal Waterway from Florida to New Jersey during April 1st to June 1st and stayed in New Jersey until July 1st. The vessel entered Maryland waters on July 4th and berthed at a marina through December 31st. Even though the vessel was in Maryland waters for less than six months out of the year the principal use was in Maryland and the vessel should have been registered in Maryland.
Look at another example: Your boat is stored on the hard in Pennsylvania from January 1st, put back in the water April 1st. It stays in PA waters until May 31st and heads out to Maryland for the summer. It's kept at a Maryland marina until October 31st and runs back to PA for storage on the hard the balance of the year. Count the days - it ends up the boat was unavailable for use while on the hard a total of 151 days, in use in PA 61 days and used in Maryland waters 153 days. Based on "Principal use," it is used the greatest percentage of time during the calendar year in Maryland, hence, the boat should be registered in Maryland.
Counting the days is the most critical determination when deciding where to register your boat. If challenged, YOU must be able to prove your counting method and the ship log or your word is entirely unsatisfactory. What really holds up as credible are gas receipts, contracts, towing bills, transient dockage receipts and mostly your intent. Intent is the key element when a court determines if your action was fraudulent. So count your days before you move your boat and document your case beforehand. If you store your boat out of state have the contract indicate the dates in and out of water. Make sure your club has a contract. Fuel up your boat the day you leave your state as proof of location and do the same thing upon returning.Some boaters also winter in Maryland waters. These same rules apply since your boat is in the water and available for use during the winter months. If you have paid tax in another state like PA or NJ you really have little to gain avoiding the regulation. Maryland will give a credit for the amount paid to states with reciprocal agreements. If on the other hand, you are trying to avoid tax payment by registering in Delaware and keeping your boat in Maryland it is highly likely you will face fraud charges. Be mindful of the registration regulation as the tax collector is always watching.
Mark Your Calendars!
| Date | Time | Meeting | Location |
| 17 November | Sat. | 1000
1300 |
Board Meeting
Delegates Meeting |
Belvedere YC |
| 8 December | Sat. | 1830 | CBYCA Commodore's Ball | Best Western
Baltimore, MD |
| 15 December | Sat. | 1000 | Board Meeting | Key YC |
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