Bay
Yacht
Clubs
Association
March 2002 Chartroom Chatter
Ahoy there! Warmer weather and longer days are calling us back to the water. Of course some never left, such as live aboards, frostbite fishermen and sailors, and those who feel only ice stops boating season. For the rest of us, it's a time to get our clubs and craft shipshape, rejoin our year round boating shipmates and get ready for great times to come!
Thanks and well done to Commodore Mike Riccobene and Bodkin Yacht Club for a superb job in hosting our February Delegate and Board Meetings. Representatives and guests from 52 clubs enjoyed good food, drink and hospitality. A wide range of business and legislative issues was covered including a thorough presentation on the bill to increase boating fees by our Guest Speaker, Licensing and Registration Director Bruce Gilmore of the Maryland DNR. Your club Delegates and other attendees presented Director Gilmore with excellent and insightful questions and comments. An important point made was that, because the fees have not been raised since the 60's and 70's, inflation has significantly eroded boaters' fair share of support for boating education and waterway programs under the DNR.
If your club Delegate or alternate was not there, your club may be missing the latest word on legislation, waterway issues and restrictions, social activities, and other items of interest to your club and its members. Perhaps more important, we, the CBYCA Board, your District Representative, and the other Delegates missed a chance to hear from your club.
Approved by the Delegates at the February meeting, the CBYCA will submit an amendment to the boating fee bill that ensures another act of legislation is required before the funds raised can be used for purposes other than those cited in the original bill. It has long been one of our strongest and most important positions that fees and taxes placed on boaters be directed strictly to programs and projects that benefit boaters, boating safety, and our waterways.
With the legislatures in session and the clubs planning for the boating season, there is a lot of good information out there that we can't get into the CHATTER or on our web site. Please contact your District Representative, State Legislative Director, or other pertinent officer and we'll work on getting your club the information you seek or on what you want to get out to others. If you have an event flyer that would like to get on the web site, please email the file to our Webmaster, P/C Don Antos.
Finally, Kathy and I had the privilege of attending many fine club events from around the CBYCA, PRYCA, and DRYL this winter and thank you all for the friendship and hospitality you have shown us. These events attest to the unity, fun, and strength though friendship that our many clubs together provide. We are looking forward to a great boating season in 2002. See you around the Bay!
Thanks go to Commodore Mike Riccobene and the members of Bodkin Yacht Club for hosting the February Delegates Meeting. The lunch was excellent and the hospitality was great. The kitchen crew and bartenders did an excellent job. I don't think anyone left the meeting either hungry or thirsty.
The next Delegates Meeting will be held at Maryland Yacht Club on April 20, 2002. Lunch will be served at 1200 hours and the meeting will begin at 1300 hours. The 2002 Rosterbooks will be distributed at this meeting, so please insure that your club has a representative there. The guest speaker will be from the Maryland Marine Trades Association who will discuss the recently completed 2002 Legislative session. Please mark you calendars.
Charles Tulip, Jr., DSLMD C2lip@aol.com
1. As of February 14, 2002, 874 bills and 20 resolutions have been introduced in the Senate and 1,389 bills and 36 resolutions in the House. Of the bills introduced the more significant ones are:
SB 323: Budget reconciliation - Raiding the trust funds, 9 including the Waterway Improvement Fund - Hearing: 2-19-02 (Cross-filed with HB 424 - Hearing 2-26-02) -
CBYCA testified against these bills as breaking faith with those who pay into them.
SB 709: Marinas & community piers - Hearing 2-26-02
HB 624: Prohibit the sale of arsenic treated wood - Withdrawn
HB 924: Task force to study the exclusion of water craft from wildlife habitats in waterfront communities
HB 978: Ban 2-cycle outboard motors after 10-1-07 - The sponsor, Delegate Franchot (D-Mont.Co.), has amended his bill to grandfather motors " manufactured before October 1, 2002. This means that any motor, irrespective of when acquired that was manufactured before 10-1-02 can continue to be used after 10-1-01.
HB 1043: Maximum vessel excise tax at $10,000
HB 1044: Excise tax amnesty - Hearing 3-12-02 - CBYCA will testify in favor
HB 1176: Prohibiting islands as future dredge spoil repositories (A task force report in favor of rebuilding Parson Island in Eastern Bay)
HB 1187: Increase DNR fees _-_ Hearing 3-6-02 - CBYCA will testify in favor and offer the amendment below
HB 1190: Revisions to the Boat Act - CBYCA will testify in favor
CBYCA has been asked to offer the Environmental Matters Committee, when we testify on HB1190, an amendment to the Bill as follows:
"SECTION 3, AND BE IT FURTHER ENACTED, That it is the intent and purpose of the General Assembly that the increased revenues generated by this Act shall be utilized to the greatest extent possible and consistent with law to enhance outreach programs and educational opportunities regarding the Chesapeake and coastal bays and their ecosystems, protect and restore submerged aquatic vegetation (SAV) and other habitat components in the Chesapeake and Coastal Bays, and to employ greater utilization of the latest technologies in the administration of the State Boat Act."
Legislative redistricting continues to be the most important issue before the Legislature. Much of the time of both the House and Senate will be devoted to this difficult issue. Also, there is a building sentiment to 1. Not delay the final step of the 10% reduction in the state's income tax, and 2. Not raid the trust funds. (CBYCA testified against raiding the trust and special funds. The testimony in on the website.)
2. The review of the reopening of the Cove Point LNG Facility is continuing. There was a closed meeting, on February 11 & 12, 2002, of the US Coast Guard and other law enforcement agencies to consider further safety risk and related issues. There will be another meeting in a month or so to consider emergency response issues. After that, the captain of the Port of Baltimore (USCG) will issue his letter of recommendation to the State of Maryland, who then will be responsible for issuing any required permits. Even though no one in an official capacity will commit themselves, it does not appear that there are any show stoppers.
3. The DNR Clean Marina Initiative people held four "Clean Marina Certification Workshops" in January and February. It's important that our Maryland clubs get behind this initiative to both help clean-up our Bay and to forestall Federal action. Further information can be gotten from Beth Valentine at 410-260-8770 or bvalentine@dnr.state.md.us.
4. The Volvo Around the World Race will be in the Chesapeake Bay April 17 to 28, 2002. Any yacht club and/or member who wants to participate in the Annapolis festivities, April 26 to 28, 2002, should call Charlie Tulip at 410-604-0402 or e-mail: c2lip@aol.com.
5. The meeting of the Boat Act Advisory Committee on February 14, 2002 to review the call for public comment banning PWC's from running at other than idle speed in 18 inches or less of water. They also heard from Bruce Gilmore of DNR on the proposed boating fee increase.
David Goodman, DSLVA DavidG8790@aol.com
The Chief of U.S. Coast Guard Office of Boating Safety Issues Anti-Terrorist Safety Message and Encourages Recretional Boaters to Enjoy 2002 Boating Season
"Now as we begin a new year, it is time for recreational boaters to think about getting back on the water and enjoying the many opportunities and regards our marine environment offers, ", said Captain Scott Evens, Chief of the U.S. Coast Guard's Office of Boating Safety in Washington, DC.
"In spite of the diabolical acts of the September 11th terrorists, it is important that recreational boaters know their waterways are safe and that they can play a big role in keeping it that way. But times such as these require some tighter security measures for the upcoming boating season," noted Evans.
"Tyranny" Evans declared, " is defeated by faith, resolve and the absolute determination not to let anyone or any group deprive us of our given rights to pursue life in a respectful and legitimate manner. As our President has stressed, we, the American people, must and will pursue our career and life's endeavors with vigor and enthusiasm."
"Again let me stress" Evens said, "recreational bating is safe - just as our highways, airways and railways are and Americans are determined to keep it that way. Yes, there are times when we must be more cautious and continually aware of our surroundings, and we are. But more importantly, we must not allow terrorists with their tyranny of hate to deprive us of the value that our Country, its people and all its resources offer: not just for ourselves but also to others from across the globe. So let's use and enjoy our boats and get out on the water. Its our privilege, it is part of our heritage and most of all it is a legacy that ensures a quality of life for our children's children."
SAFETY PRECAUTIONS FOR BOATERS:
"As world history has shown, resolve and the absolute determination not to let anyone deprive us of our given rights, dignity and pursuits of life has defeated tyranny at every turn and will defeat the September 11th terrorist. Their tyranny has met a will that far exceeds anything they could conceive: the American people!"
Evans noted, "As I close I want to remind boaters of the value of boating safety. WHY? Because when boating safety is understood and practiced, it prevents accidents and saves lives."
"Preventing boating accidents, promoting safety and saving lives is one of America's cherished goals, since every boater is a valued resource for their families, community and country. That is why that no matter what events or conflicts are occurring, your Coast Guard will be there promoting and securing your boating safety, just as it has for over 211 years."
Evans stressed, "When boaters know and practice safe navigation, wear lifejackets and are courteous and careful at all times, and do not drink or use drugs when boating, they prevent accidents and reduce the demands placed on the Coast Guard's limited resources and assets."
"At times such as these, boating safety can make an even bigger difference. It reduces demands on the Coast Guard and enables us to get the absolute most from our resources and assets to respond to all of the public's marine safety, security, national defense and environmental needs."
"It is important that I repeat: practicing and complying with safe boating practices, standards, and regulations produces results that reduce the demands placed on the Coast Guard's limited assets. This allow s your Coast Guard to meet the rigors of these difficult times. In return, you are getting the most from the tax dollars you invest in the Coast Guard. So, safe boating is a big plus and an immeasurable benefit for everyone," said Evans. Evans closed by adding, "I look forward to joining you on our waterways and enjoying the upcoming 2002 boating season!"
Contacts: Boating Safety: Captain Scott Evans 202-267-1077 or Mr. Al Marmo 202-267-0950; Public Affairs: James "Jack" O'Dell 202-267-6491; Captain Scott Evans is available for interviews.
Pennsylvania/Delaware Legislative Report
Rex Beers, DSLPADE pbase2000@juno.com
Water Trails Initiative
Pennsylvania water trails initiative is another partnership effort that has set a national benchmark. Pennsylvania has updated three latest water trail maps and information packets. These trails, established and maintained by local watershed, paddling, conservation and sportsmen groups represent a prime example of how the Fish and Boat Commission, working with limited funds, is able to be a full partner in efforts to provide fishing and boating opportunities.
· Launch Permits for Un-powered Boats
Another innovation in Pennsylvania is our new program of providing launch permits for un-powered boats that use Fish and Boat Commission lakes and access areas. Under this new program, first authorized by Act 2000-115, the Commission is responding to requests from un-powered boaters by offering launch permits online on our web site, from issuing agents across Pennsylvania and at our offices. These permits cost $10 for one calendar year and $18 for two years.
· Boating Accidents
The total number of reported recreational boating accidents in Pennsylvania in 2001 was the same as 2000. For the last two years boaters reported only 90 recreational boating accidents. Pennsylvania boaters reported 66 injuries requiring medical treatment, that's one less than in 2000 and the least since 1993. Property damage to vessels totaling $179,000 was reported; a dramatic 23% decrease from the previous year. Of the 90 reported accidents, 28 were collisions. Unfortunately, 13 of the total accidents involved fatalities as 14 individuals lost their lives in boating accidents last year. Many of the accidents have involved un-powered boats such as canoes and kayaks.
· Law Enforcement
Last year, Pennsylvania officers and their deputies spent some 57,000 work hours performing boat law enforcement. Likewise, they spent 92,000 hours on fish law enforcement. Pennsylvania officers issued citations in about 4,700 cases of violations of fishing laws and regulations and gave warnings in about 20,000 additional fishing cases. More than 19,000 warnings were issued for boating violations, along with 3,700 prosecutions in Pennsylvania.
· Other Legislative Priorities
Pennsylvania's top legislative priority for the spring session of the General Assembly is enactment of a capital budget bill to address our most pressing hatchery improvement needs. As I noted before, Senate Bill 1213, currently pending in the House, is a bill that accomplishes our goal. Next, as I noted before, Pennsylvania Fish and Boat are conducting a strenuous public information campaign to lay the groundwork for increasing Fish Fund revenues. We hope that late in this session, some consideration will be given to addressing our clear need for additional Fish Fund revenue. There are several other bills Pennsylvania would like to see considered this year: House Bill 1482, sponsored by Representative Evans, allows use of the remaining money raised from the sale of Lake Erie permits projects to benefit the fisheries of Lake Erie and its tributaries. House Bill 1330, sponsored by Representative Haluska, also releases these funds. We have some real opportunities to make a difference along the Lake Erie shoreline, and the Commission would like to be a full partner in efforts to acquire additional property and take other actions to benefit the fisheries in this area. Release of these monies will demonstrate to the anglers who fished Lake Erie and paid these fees that their monies are being put to good use. House Bill 1702, sponsored by Representative Wilt, contains a corrective amendment providing for reduced fees for portable trout fishing ponds used in events sponsored by charitable organizations. The bill that is hard to support at this time is Senate Bill 463, sponsored by Senator Kasunic, provides for a carefully phased-in program of mandatory education for power boaters. It's a sound concept, but it needs some work before it becomes law, and the way things look the General Assembly will consider it soon and approve it.
· Drought Conditions
As you know, Pennsylvania is in the midst of a long-term drought. Anglers and boaters are on the water, and they are well aware of the impacts of drought conditions. Our environmental services staff; our fisheries managers, our facilities staff and our waterway conservation officers regularly deal with issues related to reduced water flows. For years, our staff has been calling for conservation releases and other measures to protect aquatic resources. We see water quantity and in stream flow issues as one of the most important conservation issues of the new century. You've read the headlines: 62 of 67 counties are under a drought warning or drought watch. Drought emergency measures are imminent in some counties. Ground water tables are at historic low levels. The Department of Environmental Protection has taken the lead in holding water forums across Pennsylvania and hosting a water congress to discuss water resource issues. The Fish and Boat Commission staff has been pleased to be able to participate in some of these meetings. The state House and state Senate will be considering many important pieces of legislation this year, and among these is water resource legislation. House Bill 2230 and Senate Bill 1230 are good starting points for dealing with critical water resource issues. These issues are very important to anglers and boaters. Finally, no review of 2001 would be complete without mentioning the events of 9-11 and the Fish and Boat Commission's cooperative role in responding to potential terrorist threats. Our waterway conservation officers have capabilities that are unique among state law enforcement officers. We have the boats and the expertise to patrol our waterways and assist the State Police and other enforcement agencies when water-based actions are necessary. When emergency operations were commenced after the 9-11 attacks, PFBC officers were made available to respond if incidents occurred that required our special capabilities and expertise. We consulted with PEMA and other agencies concerning a number of issues related to security on our waterways, and we played an active role in developing plans to respond to future contingencies. Our role, albeit limited, in cooperating in response to these events shows once again how important it is for our enforcement officers to be tied into the new statewide enforcement radio network. And our role shows that our hard work supports not just anglers and boaters, but all the citizens of this great Commonwealth. We hope that the PFBC will be able to participate in the state law enforcement radio network, and we are committed to working with other agencies to further improve our communications and coordination capabilities.
Jerry Donofrio, Sr., DSLNJ Security@FCC.NET
Several Bills have been re-introduced to the new 2002 Legislative bodies. I have created a file of these Bills in a condensed format with hyperlinks to specific Legislation and Sponsors. To secure a copy, please email a request to me and you will get a word document report returned similar to the following:
A1016 Regulates power vessels in certain environmentally sensitive areas.
Environment and Solid Waste
http://www.njleg.state.nj.us/2002/Bills/A1500/1016_I1.HTM
http://www.njleg.state.nj.us/Members/connorc.asp
http://www.njleg.state.nj.us/Members/moran.asp
http://www.njleg.state.nj.us/Members/asselta.asp
The bill bans the operation of power vessels in environmentally sensitive areas in excess of no-wake speed, and bans the operation of power vessels under mechanical propulsion other than sail or muscular power across or upon tidal waters of less than 12 inches in depth in which submerged aquatic vegetation is visible. The bill provides that a person possessing a valid permit or license for commercial clamming or crabbing or for the use of a shrimp trawl from the Division of Fish Game and Wildlife in the Department of Environmental Protection (DEP) or a person engaging in their official duties as an employee of the State or a political subdivision thereof or a State university or college would be able to operate a power vessel at no-wake speed across or upon tidal waters of less than 12 inches in depth in which submerged aquatic vegetation is visible. These restrictions would not apply to designated navigation channels, marinas, launching ramps, or areas marked with aids to navigation. The purpose of this bill is to protect the State's coastal wetlands, shallow-bay waters, natural creek areas, and all shallow-water marine habitats, which are placed at risk by vessels operated carelessly. The bill requires the Boat Regulation Commission, in consultation with the Department of Environmental Protection (DEP), to adopt rules which would include a definition of "sensitive area" that is based on mapping conducted by the DEP. In conducting this mapping, the DEP would be required to consider the presence of submerged aquatic vegetation, the depth and tidal cycle of the waters, the distance to the shoreline, and any other factors deemed relevant to carry out the purposes of this act. The bill contains a penalty provision that imposes a civil penalty not to exceed $5,000. In addition, if damage caused by a violation and the cost of restoration are established to the satisfaction of the court, the person would be liable to the State for the cost of restoring the affected area to its condition prior to the violation. Lastly, the bill provides conservation officers in the Division of Fish, Game and Wildlife in the DEP, the Division of State Police, and any local law enforcement officers, with enforcement authority.
S590 Prohibits denial of permits for noncommercial recreational docks or piers under certain circumstances. Environment
http://www.njleg.state.nj.us/2002/Bills/S1000/590_I1.HTM
http://www.njleg.state.nj.us/Members/ciesla.asp
http://www.njleg.state.nj.us/Members/kyrillo.asp
Chiesla, Andrew R. as Primary Sponsor
Kyrillos, Joseph M. as Primary Sponsor
1/8/02 Introduced And Referred To Senate Environment Committee
This bill would prohibit the Department of Environmental Protection from denying a permit for the construction of a noncommercial recreational dock or pier and the Tidelands Resource Council from denying an application for an application for a lease, license or grant necessary for the construction of a noncommercial recreational dock or pier if the denial is based solely upon the finding that such construction would result in an unacceptable impact to shellfish beds, shellfish habitat, or shellfish growing waters.
A991 Revises laws restricting operation of personal watercraft and permits local police enforcement. Law and Public Safety http://www.njleg.state.nj.us/2002/Bills/A1000/991_I1.HTM
http://www.njleg.state.nj.us/Members/moran.asp
http://www.njleg.state.nj.us/Members/connorc.asp
http://www.njleg.state.nj.us/Members/otoole.asp
http://www.njleg.state.nj.us/Members/gusciora.asp
Last Session Bill Number: A704
Moran, Jeffrey W. as Primary Sponsor
Connors, Christopher J. as Primary Sponsor
O'Toole, Kevin J. as Co-Sponsor
Gusciora, Reed as Co-Sponsor
1/8/02 Introduced And Referred To Assembly Law and Public Safety Committee
This bill restricts the operation of personal watercraft State-wide within 100 feet of: residential dwelling units, beaches with swimming areas that have boundaries marked , by buoys or signs, the shoreline, persons in the water, fishing piers, or other vessels.
Additionally, the bill allows any officer of a county or municipal police department to enforce laws governing the operation of personal watercraft.
KIER, KENNETH J., CDR, USN (Ret.)
It is with deep regret and sadness that we report the passing of P/C Ken Kier. The following information is from the February 22 edition of the WASHINGTON POST.
Died Sunday, February 10, 2002. He was 80. CDR Kier became a Naval Aviator, receiving his wings on November 18, 1942. He served in several Navy squadrons, including the famous Night AII-Weather Fighter Squadron, and as Commanding Officer of Air Squadron VAW-12. In 1962, CDR Kier joined the National Aeronautics and Space Administration (NASA), while on active duty with the Navy. Following Navy retirement in 1965, he became NASA's representative to the Department of Defense in the establishment and operations of NASA's Contract Administration Liaison Office with the Defense Contract Administration Services organization. He later served as the Director of Small and Disadvantaged Business Utilization. He received several Outstanding Performance Awards, as well as the Apollo Achievement Award for his service to the nation as a member of the team which advanced the nation's capabilities in aeronautics and space. He was born in Rocky Hill, CT on November 18, 1921. He attended the Naval Line School in Monterey, CA, and the Armed Forces Staff College. He received a Bachelor of Science degree from the University of Maryland and a Masters of Science degree from George Washington University. He was Commodore of the Chesapeake Bay Yacht Club Association, 1989-1990, and served on the Virginia State Boating Advisory Committee for over five years. He is survived by his wife Jeanne of 57 years; his children, Kathryn, Karen, Linda, CWO Kenneth J. Kier, Jr., USCG, Jane and Janice Marie; 11 grandchildren and one great-grandchild. Burial is in Arlington National Cemetery.
Art Murray CBYCA Safety Committee Chairman
U.S. Coast Guard Auxiliary
The phrase "Negligent Operation" is often heard in the world of recreational boating. Often time it is used when a law enforcement officer is handing some unfortunate skipper a citation for doing something foolish, dangerous, or illegal. All too often the unfortunate skipper does not realize that he is doing something foolish, dangerous, or illegal. However, that is of little consequence when he is confronted with some court decreed fine or penalty. "Negligent Operation" is often alleged when some plaintiff is suing a skipper or vessel owner for damages. When lawyers are involved the costs to either party or both can be substantial. One way to avoid the embarrassment and pecuniary loss of a fine, penalty, or lawsuit is to know what is considered "Negligent Operation" and then to avoid doing it. Common sense will usually alert a skipper when he is about to operate his boat in a negligent manner. but sometimes it is not so easy to realize that he is about to do so.
The following is a list of activities that are considered to be "Negligent Operation." This is by no means a complete list.
Operating a boat (power or sail) in or through a swimming area. Obviously any swimmer would be at risk of injury or worse.
Going at an excessive speed near other boats. This would increase risk of collision and any wake created could cause capsizing, swamping, or other damage to nearby boats.
Permitting people, especially children, to bow ride, sit on the gunwale, or sit on the transom.
Cutting through a regatta with a boat. Such an act would certainly risk collision with another boat, or at least cause a disruption in the orderly progress of the regatta.
Creating an excessive wake near piers or moorings. Such a wake can cause damage to boats bouncing against pier structure, or moored boats to swamping or going adrift.
Exceeding the posted speed limit with a boat. Speed limits are established for safety reasons and law enforcement officials will hand out citations to those who exceed them.
Operating a boat while under the influence of drugs or alcoholic beverages. Operating under the influence is not only illegal, it is dangerous.
Dumping oil or refuse into the water from a boat. This disgusting act endangers the environment and a perpetrator will gain a substantial penalty if caught.
Tying a boat to a navigation aid. This could prevent other vessels navigating the area from seeing the navigation aid and possibly put them in danger of going aground or worse.
Failure to have a sufficient number of personal flotation devices on the boat. There must be at least one suitable approved personal flotation device for each person on boat.
Exceeding the load limits of a boat. Overloading a boat reduces its reserve of buoyancy and could cause it to swamp.
Failure to operate a boat in accordance with the Navigation Rules. These rules were established to prevent collisions and to enhance safety on the water.
The skipper of any vessel should avoid operating his vessel in a negligent manner. There are those on the water who knowingly or unknowingly operate their vessels in a negligent manner and they are a menace to themselves and everyone else. When you are out there follow the three "C's". Courtesy, Caution and Common Sense.
Mark Your Calendars!
| Date | Time | Meeting | Location |
| 20 April | 1000
1300 |
Board Meeting
Delegates Meeting |
Maryland YC |
| 1 June | 1000 | Board Meeting | Maryland YC |
| 10 August | 1000
1300 |
Board Meeting
Delegates Meeting |
Chesapeake YC |
| 21 September | 1000 | Board Meeting | TBD |
| 19 October | 1000 | Board Meeting | TBD |
| 16 November | 1000
1300 |
Board Meeting
Delegates Meeting |
Bush River YC |
| 21 December | 1000 | Board Meeting | Belvedere YC |
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