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April 2002 Chartroom Chatter

Commodore's Corner

Joseph Hellner

Ahoy there! Boating season is here! The early birds are already out on the (still chilly) water while the rest of us are fixing, cleaning, and de-winterizing. Meanwhile, the piers and clubhouses are taking shape through the efforts of many sring clean-up work parties around the Bay. I am looking forward to another great season and hope to see many of you at the upcoming club openings and flag raisings.

When scheduling your events (especially openings/flag raisings) this season, as always, please try to work with other clubs to ensure your guests have time to enjoy your club and safely make it to the next event. Keep in mind that although our Queens, Princesses, and fellow club officers are doing their best to attend your events. there are a lot of clubs and limited time. Our Ceremony Coordination Committee will be happy to help and offer suggestions.

With a huge sigh of relief, our 2002 Chartroom Chatter Roster Issue (AKA "the yearbook") Committee, lead by Chairman and Publisher, R/C Betty Stahler, is putting the final touches on the yearbook. Each year we work to make the yearbook better and this year will be no exception! Please have your club representative or Delegate sign for and pick up your allocation of yearbooks at the April Delegates Meeting. Unless we raise the club dues, our budget is not sufficient to mail the books to your club.

It was a real struggle this year getting club and officers' information and club ad copy for yearbook publication. Dues were a struggle as well. Fortunately, R/C Stahler, QO Broseker, our District Reps. and several other folks volunteered many hours of their time to call, email, and call again. What we generally find is the club members and officers we contact believe "someone else had it covered". It should not be this hard for the clubs or the CBYCA volunteers. Clearly, the methods we use do not work. I have appointed V/C Ken Bean to lead a committee to figure out a better way to exchange critical information with our member clubs.

Our legislative activities continue to go well as you can see by our Legislative Directors reports. Not every issue goes the way we would like but I see a positive trend of increasing dialogue with government officials and legislators, an expanding base of contacts, and more folks than ever getting involved as "grass roots" volunteers. Recently, I was able to join Charlie to testify on behalf of the CBYCA before the MD Environmental Matters Committee on the boating fees (HB1187) and the 2-cycle outboard ban (HB978) bills. I found out quickly that Chairman Hurson does not like you to read your written testimony and sticks strictly to a 3-minute rule. Having sat well into the evening on other occasions waiting for testimony on other bills to be over, I am cool with this. On the second bill, I had it down.

Maryland soon will be designating its first No Discharge Zones (NDZs) in the Chesapeake Bay and Maryland's coastal bays. NDZs are areas of water that prohibit boaters from dumping treated or untreated sewage. The NDZs affect only boaters. Also, discharge by boaters of untreated sewage is already illegal. Supporters, such as Steuart Cheney, President of Herrington Harbour Marinas and Prince George's County Senator Paul G. Pinsky, indicate that the real purpose of this initiative is to "focus regulatory attention on the other, more significant sources of pollution". As long as the goal is to increase awareness by the major polluters, with the understanding that NDZs alone create no real improvement in most bodies of water, we boaters and the CBYCA can support limited local NDZ designations of proven sensitive bodies of water with little or no flushing or tidal action.

We remain strongly in favor of affordable high quality on-board treatment systems as an option to pumping out. We do not want broad NDZ designation to kill the on-board treatment option knowing that human nature will lead to more dumping of holding tanks into the Chesapeake Bay as folks would rather stay out there than come in to pump out. A friend of mine with a 37-foot Chris Craft loves his on-board treatment system. He says it is all automatic and he never worries about potty back-up, pumping, or dumping raw sewage. This is an important reason to support the position of Congressman Jim Saxton on his federal legislation to standardize the NDZ rules for improved treatment systems. His controversial bill has been out there for over two years now and has received little support. I think this is because no one gets it but boaters.

The NDZs will be in Herring Bay (in southern Anne Arundel County) and the northern coastal bays in Worcester County (Assawoman) and Isle of Wight Bays; and from the Ocean City Inlet north to the Delaware state line.

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Vice Commodore's Report

Kenneth W. Bean

We would like to thank Commodore Jim Sturgis, Vice Commodores Jerry and Connie Chapman and the officers and members of Nanticoke River Yacht Club for hosting the Chesapeake Bay Yacht Clubs Association March Board Meeting at their club. They have a newly renovated facility and it is very nice. The marina at their location will be State run and is currently scheduled for opening on May 11^th. It will be a very nice location for a cruise.

The next Delegates Meeting will be held at the Maryland Yacht Club on April 20, 2002. A buffet luncheon will be available at 1200 hours with the meeting starting at 1300 hours. (Please refer to the flyer enclosed in this issue of the Chartroom Chatter. The guest speakers will be from the Maryland Marine Trades Association and they will evaluate the Maryland Legislative Session with actions pertaining to marine trades and recreational boating.

The 2002 Chartroom Chatter Roster Issue will be distributed at this meeting. It is hoped that all member clubs will ensure that their Delegates are in attendance to pick up their books. We hope to see all of you there.

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Rear Commodore Report

Betty A. Stahler CBYCAQO@aol.com

Roster books will be available for pickup from 10:00 a.m. until 12:50 p.m. and after the Delegates Meeting.

Maryland Legislative Report

Charles Tulip, Jr., DSLMD C2lip@aol.com

As of March 23, 2002 of this legislative session, 1,455 House Bills, 902 Senate Bills, 39 House Resolutions and 23 Senate Resolutions have been introduced. This is about the number introduced last session, but somewhat more than in 1999 or 1998. This must be an election year.

Of the bills and resolutions introduced, the following are of interest:

SB 248 (Cross filed with HB 5) - To Provide for Judicial Review for Operating Permits. Both have passed their respective houses.

SB 249 (Cross filed with HB 298) - To overturn Unfavorable Environmental Court decisions. Reported unfavorably by the Senate Educational, Health and Environmental Affairs Committee.

SB 323 (Cross filed with HB 424) - Raiding the State's Special and Trust Funds. Both houses have reported it favorably, with amendments. In the Senate amendment, the "hit" on the Waterway Improvement Fund was reduced from $8 million to $4 million. The House Ways and Means Committee reported the bill favorably on March 23, 2002, with amendments, which are not yet known.

HB 624 - Banning Arsenic Treated Wood. Arsenic treated wood is used in pilings, etc. around docks. The Bill was withdrawn by the sponsor.

HB 924 - Establish a Task Force to Study the Exclusion of Water Craft from Wildlife Habitats in Waterfront Communities. Reported unfavorably by the Environmental Affairs Committee March 18, 2002.

HB 978 - Ban 2-cycle Outboard Motors from State Waters after 10-1-2007. CBYCA testified that any State requirements be in conformance with EPA requirements. Reported unfavorably by the Environmental Affairs Committee March 18, 2002.

HB 1043 - Set the Maximum Boat Excise tax at $10,000. CBYCA testified in favor, based on the assumption that a maximum tax would encourage more of the larger boat buyers to pay $10,000 rather than go through the hassle to avoid the tax altogether. (NC and VA already have a maximum tax.) DNR opposed the Bill because of potential revenue loss. The Ways and Means Committee reported the Bill unfavorably on March 23, 2002.

HB 1044 - Setting a Vessel Excise Tax Amnesty Period (September 1 to October 1, 2002). CBYCA testified in favor of the Bill, as did DNR. The Ways and Means Committee reported the Bill favorably on March 18, 2002.

HB 1176 - Prohibiting Artificial Islands as Future Dredge Material Repositories. The CBYCA testifies in favor because there are enough natural islands to be rebuilt. The Chesapeake Bay Foundation and the Maryland Port Authority both opposed the Bill. Reported unfavorably by the Environmental Affairs Committee March 23, 2002.

HB 1183 - Establish Coastal Bays Program in Worcester County (Ocean City area) A hearing has been held, but no report.

HB 1187 - Increase Boating Fees. CBYCA testified in favor, with an amendment to assure that the additional fees would be used for the stated purposes. Del. Wheeler Baker of Kent Island helped us out by getting the amendment introduced. A hearing has been held, but no report.

HB 1190 - Revisions to the Boat Act. The CBYCA testified in favor, especially the addition of a specified period (120 days in a calendar year) when an out-of-state boat can be in Maryland without fear of being approached by the excise tax collectors. The DNR opposed any specific period on the grounds it would be both unfair to allow an out-of-state boater a free 120 days in Maryland each year (not withstanding that transiting boaters are big spenders), it would be difficult to enforce and the enforcement should not be a threat to transit boaters who use their boat principally in another state Col. Rhoads has been invited to talk to the CBYCA Board about how the DNR actually enforces the tax. (Secretary Fox has also been apprized that the CBYCA supports a specific period where an out-of-state boater would not be in fear of being subject to the excise tax in the law. The Ways and Means Committee reported the Bill favorably on March 23, 2002, with an amendment to reduce the specified period to 90 days from 120 days.

Legislative redistricting remains the most important issue before the Legislature. Most of the time of the Delegates and Senators is focused on this issue.

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Pennsylvania/Delaware Legislative Report

Rex Beers, DSLPADE pbase2000@juno.com

Senate Measure Threatens Towing Vehicles

Millions of boaters and anglers who depend upon pickup trucks, sport utility vehicles and minivans to tow their vessels to the nation's waterways may end up with their boats high and dry if the current version of an energy bill now in the U.S. Senate is approved. A comprehensive energy bill being debated in the Senate, S. 517, would mandate a significant increase in the fuel economy standards for all passenger cars, vans and trucks by combining them into one class of vehicle. The so-called Corporate Average Fuel Economy (CAFE) rating for all vehicles less than 10,000 lbs. would be raised to 35 miles per gallon by 2013.

There are currently two standards, 27.5 mpg for cars and 20.7 mpg for "light trucks" which includes pickup trucks, minivans and sport utility vehicles (SUVs) less than 8,500 lbs. Automakers maintain that such a standard for all vehicles will force them to drastically down-size American cars and trucks to reach the 35-mpg target. The Bush Administration is strongly opposed to S. 517."The existing CAFE standards are one of the reasons there are now so few automobiles even capable of towing a boat," notes Boat U.S. founder Richard Schwartz, whose 530,000-member association is the largest organization of recreational boat owners in the country. "While we certainly must work to decrease our dependence on foreign oil and reduce emissions, we shouldn't have to use a brush so broad that it effectively prohibits millions of American anglers and boaters from trailering their bass boats to their favorite fishing spot on the weekends," he added. An alternative measure offered by Sens. "Kit" Bond (R-MO) and Carl Levin (D-MI) would return the setting of new CAFE standards to the National Highway Traffic Safety Administration (NHTSA) and order the agency to draw up new standards for separate categories of cars and trucks by a specified date. Another alternative would be to create a separate standard for towing vehicles used for recreation or agriculture that would be exempt from the overall standards. Pennsylvania Boating Association of Southeastern Pennsylvania is urging all trailer boaters to contact their own Senators as soon as possible and express their opposition to S. 517. At least 80% of America's 13 million boats are trailerable. To find your own Senator, go to Http://sport.nj.com/sport/pba and go to links. For more background on the CAFE issue go to www.vehiclechoice.org/cafe

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New Jersey Legislative Report

Jerry Donofrio, Sr., DSLNJ Security@FCC.NET

Assembly Bill A1016 Regulates power vessels in certain environmentally sensitive areas.

Currently in the Environment and Solid Waste Committee. (FOLLOW UP)

Insert the address below in your web browser to view complete Bill:

http://www.njleg.state.nj.us/2002/Bills/A1500/1016_I1.HTM

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 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.

The NJ Boat Regulator Commission reviewed the Bill at the March meeting. The Commission was reluctant to accept the Bill due to several clauses tying them to studies of the NJDEP. The New Jersey State Police Marine Division has requested that the limit be placed at 24". The representative did not have any biological assessment to offer as a basis for this increased depth other than it was a safer depth to operate at a higher speed. I offered advice that both depths were not consistent with Legislative action in nearby states where 18" was established for sensitive areas, suggesting that they may wish to consider standardized legislation. 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.

SENATE Bill No. 1271 Allows berthing of houseboats at State marinas under certain circumstances. This Bill concerns the berthing of houseboats at State marinas under certain circumstances, and supplements Title 13 of the Revised Statutes. Last year the NJDEP published changes in the New Jersey Register which altered administratively, the status of "houseboat" vessels at New Jersey State Marinas. One such place is the former Farley Marina operated by Trumps Marina in Atlantic City For some reason, Trump prefers to have all boats except "house boats" docked outside the Casino and had the DEP revisions preclude them from obtaining a dockage permit.

Several lawsuits instituted by manufacturers never found any success. Senator John Matheussen was approached by a member of the Boater Voter Coalition to establish a law limiting the action of the DEP and to reverse the ban on houseboats. The Bill was vague and confusing with mixed terms but specific in the word houseboat. The originating BVC member who was forced to remove his houseboat along with Coalition Members of manufacturers, houseboat organizations and a marina owner have revised the legislation to remove the term "houseboat" and substitute the word "vessel". Certain other areas involving residency and domicile were also standardized.

The revised legislation was delivered to Senator Matheussen office March 22, 2002. It is expected that the amendments will be included and read at the Environmental committee soon. The Houseboat Group is looking for support for the Bill, sending out over 1000 letters.

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Review Your Calendar of Events Schedule

P/C Don Antos dwantos@amdyne.net

One of the goals of the CBYCA is to consistently provide accurate and timely information for your use. With your help, we can achieve this goal.

As a start, please visit the CBYCA Website at www.cbyca.org and/or the "yellow insert" contained in this CHARTROOM CHATTER." Take the time to review the information. If you find an error in the BALL, OPENING DAY or SOCIAL EVENT listings, let us know of the error and we will make the necessary corrections. FYI - The "insert" generally provides 2 -4 pages of information covering the next 4 - 6 months and is considered to be a "HEADS UP" publication. The Website currently displays 10 pages, and is growing, with its list of Events extending into March 2003 and is considered to be a "REFERENCE SOURCE".

The Website is updated ASAP throughout the month as information is received. The changes reflecting near term Events are published in the next issue of the CHARTROOM CHATTER.

However, based on a follow-up study of last year's information, it appears that in their rush to complete their club roster and get it turned in, the BALL and OPENING DAY dates are not always correct or are incomplete. For example, May 2001 or May 11, 2001 instead of May 10, 2001 leaves the staff to assume the event is scheduled for the same day or weekend as last year --- which may be an incorrect assumption.

Along with the errors in the BALL and OPENING DAY information on the roster sheets, there have been subsequent changes made in the schedule by a club that were never forwarded to us. We found that if a club takes the time to prepare and send an individual request to Nancy or to myself for publication in the CHARTROOM CHATTER or for posting on the Website, there is less likelihood of an error.

The CBYCA is composed of 132 clubs spread over a five-state area. With the limitations of a volunteer staff, we cannot verify the accuracy of what we receive. We are left to assume the information we receive is correct. We apologize for any misinformation we may have published in the past. We are always pleased to hear from you and appreciate any help you provide so we can better serve our member clubs.

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Alcohol and Boating Accidents

Art Murray CBYCA Safety Committee Chairman

U.S. Coast Guard Auxiliary

Research teams from the University of North Carolina and Johns Hopkins University recently conducted a study on alcohol and boating accidents. The study was supported by the National Institute on Alcohol Abuse and Alcoholism. Their conclusions were based on a study of two hundred and twenty-one boating deaths occurring in Maryland and North Carolina between the years 1990 and 1998. Medical examiners' boating fatality records were studied by the research teams, and interviews and breath alcohol measurements were obtained from boaters in both states. The conclusions of their studies were published in the Journal of the American Medical Association.

The study found that it does not take much alcohol to cause impairment. A blood alcohol level of merely .01 percent increased the risk to boat operators and passengers by thirty percent. Risk of a fatality increased by more than fifty percent when there was a blood alcohol content of .25 milligrams per deciliter. Obviously there is a direct correlation between the amount of alcohol a boater consumes and the potential or risk of that boater having a severe or fatal accident.

Alcohol related boating accidents do not always involve collisions. People have been known to fall overboard and drown when a boat is drifting or at anchor or otherwise not moving. The study found that about eighty percent of boating fatalities resulted from drowning as compared to body trauma. Even with a cold sober designated boat operator, an impaired passenger is still at risk of falling overboard and drowning. This study has shown that there are definite risks when boaters consume alcoholic beverages, and the potential increases with the increase in consumption.

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Application For Membership

March 16, 2002

Dear CBYCA Member and Delegate:

Qualifications Officer Faye Broseker has presented the Application for Membership submitted by the Delaware River Rats Yacht Club and the National Park Boat Club to the CBYCA Board of Governors for membership consideration. The Qualifications Officer reported that their Application for Membership and By-Laws are in order and recommends these two (2) clubs for membership.

After due consideration, the Board of Governors voted to accept the recommendation of the Qualifications Officer to issue notice to all Member Clubs in accordance with Article V, Section 4, Pareagraph a. of the CBYCA Constitution and By-Laws. It is anticipated that the Delaware River Rats Yacht Club and the National Park Boat Club will be voted upon for membership at our April 20, 2002 Delegates Meeting to be held at Maryland Yacht Club.

Written comments from Member Clubs regarding the applicant Clubs should be directed to Qualification Officer Faye Broseker within twenty (20) days at the following address: 3 Doe Meadow Court, Owings Mills, MD 21117.

Sincerely,

Karen Anderson

CBYCA Secretary

2002 CBYCA Meeting Schedule

Mark Your Calendars!

Please be prompt with your articles. It makes our job easier.

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