200205 Chartroom Chatter

Ahoy there! Openings, Flag Raisings, cruises and parties are underway. I hope your vessel is shipshape and in Bristol Fashion as the boating season gets into high gear. So, if you’re not down at the club planning a cruise or applying that last bit of elbow grease to your shiny vessel, get hot! Time and tide wait for no one.

On behalf of the member clubs of the CBYCA, congratulations and well done to R/C Betty Stahler and her committee for the long hours and hard work to create an outstanding 2002 Chartroom Chatter Roster Book (A.K.A. the yearbook). Each year we try to make the Roster Book a little better and I think you will be pleased with this year’s improvements. We are particularly excited about the increased number of pictures featuring club members, friends, queens, and princesses. Please ensure the Roster Book gets out there and is used by your club officers and members. Every clubhouse should have a copy available for member use. Also, please let our advertisers know you saw their ad in our book. My special thanks to Pizza John’s who has sponsored our back cover for many years.

The free yearbook allotment to each club is based on the number of members in your club and the ad your club takes out. We wish that we could publish a yearbook for everyone who wants one, but the budget won’t allow it. One way to ensure you get a book is the Patrons Program. If there is sufficient interest based on a sign-up list from each club, we will look into making anther print run on this year’s book or trying the sign up lists for next year. Please let us know if your club would like to sign up for more Roster Books. Our goal would be to sell them at $5 per book. Don’t hold me to that figure as we need to do some homework first but it looks doable so far.

No Discharge Zones (NDZ): We continue to view this concept (that affects only boaters) as harmful to the environment because, by discouraging the use of convenient on board treatment systems (i.e. Type I and Type II, Type III is a holding tank), discharge of untreated waste from recreational vessels will not be significantly reduced. Anyone who knows boats and boating knows the following things:

1. Boat waste discharge bans, except for the most blatant violations (you pump with an officer watching you) are not enforceable.

2. Police loathe trying to enforce such bans.

3. Even raw waste discharges are generally not detectable. Any boat owner can easily hide such activity.

4. Given Option A: finding a pump-out station, traveling there, and pumping out (if it works and there is someone to unlock it) vs. Option B: staying on cruise or fishing or sailboat racing and flipping a valve and macerator pump switch to on for about two minutes, too many folks will choose Option B to discharge raw sewage and live with a guilty conscience.

5. If not made ILLEGAL by a silly meaningless NDZ rule, boaters could have Option C: a reasonable cost, low maintenance, easy to use (ideally automatic) on board treatment system that offers all the advantages of Option B with significantly less environmental impact.

The CBYCA realizes that the EPA and supporters of NDZ’s see this designation as a tool to get the attention of the major contributors to waterway pollution and excess nutrient levels. We implore, we beg, these folks to find a way not to hurt our waterways in the process. More pump-out stations alone will never be the answer. More pump-out stations combined with widespread use of on board treatment to the levels of the Saxton bill will yield cleaner waterways!

Please write to your Congressman and Senators to request support for H.R. 3673, The Recreational Waters Protection Act, introduced by Rep. Jim Saxton. This bill will materially improve the environmental quality of the tidal waters of the United States. It will update outdated regulations and allow recreational vessels to employ the latest waste treatment technology to protect the marine environment.

On to the social side of things. Throughout the Opening and Flag Raising season, the CBYCA Board and I will do our best to visit as many clubs as we can. I wish that I could be at everyone but with over 130 clubs in the Association, I’ll need a little help from the CBYCA Board. Kathy and I extend our personal thanks to the many clubs whose kind invitations we have received. It is indeed a pleasure and honor for us to represent the CBYCA at your affairs. We look forward to seeing you soon at your club or out on the water.

We would like to thank Vice Commodore Arne Reistad Jr., Club Manager, Mark Lauver, and the members and staff of Maryland Yacht Club for hosting the April Delegates meeting. The meeting and luncheon were a great success. The next Delegates meeting will be held at Chesapeake Yacht Club on August 10, 2002. This will be the cruise-in meeting and I will have slip reservation information in the next issue of the Chartroom Chatter. A luncheon will be available at 1200 hours and the meeting will start at 1300 hours. Queen of the Delaware River Yachtsmen's League (DRYL), Barbara Gricco, advises that she, along with some of the DRYL princesses, will be attending the Queen of the Chesapeake contest in June. They will be bringing charms from their clubs and would like to do a charm exchange with the princesses. This will be a great opportunity for all the princesses to obtain charms from some of the clubs they might not otherwise have a chance to visit. Thank you Barbara. This is an excellent idea.

In the 2002 session, 1,462 House Bills, 903 Senate Bills, 40 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 of interest to recreational boating passed both Houses (the Governor did not sign any of these in the initial April 9, 2002 signing session; a session was scheduled for April 25, 2002 and other sessions for May 6 and 16):

SB 248 (Cross filed with HB 5) – To Provide for Judicial Review for Operating Permits.

SB 323 (Cross filed with HB 424) – Raiding the State’s Special and Trust Funds Both houses have reported it favorably, with amendments. In an amendment, the “hit” on the Waterway Improvement Fund was reduced from $ 8 million to $ 4 million. (CBYCA testified in both Houses against any “hit.”)

HB 1044 – Setting a Vessel Excise Tax Amnesty Period -- September 1 to October 31, 2002. (CBYCA testified in support of the Bill.)

HB 1190 – Revisions to the Boat Act. The Bill includes a 90 day period when an out-of-state boat can be in Maryland without fear of being approached by the excise tax collectors, but the “principal use” doctrine still applies. (CBYCA testified in support of the Bill.)

The following Bills failed either by being withdrawn by the Sponsor, being reported unfavorably by the respective subject Committee or by not being brought to a Committee vote:

SB 249 (Cross filed with HB 298) – To overturn Unfavorable Environmental Court decisions. (Failed in Committee.)

HB 624 – Banning Arsenic Treated Wood. Arsenic treated wood is used in pilings, etc. around docks. (Withdrawn by the Sponsor.)

HB 924 – Establish a Task Force to Study the Exclusion of Water Craft from Wildlife Habitats in Waterfront Communities. (Failed in Committee.)

HB 978 – Ban 2-cycle Outboard Motors from State Waters after 10-1-2007. The CBYCA testified that this Bill should conform to EPA rules, not set-up new ones. (Failed in Committee.)

HB 1043 – Set the Maximum Boat Excise tax at $10,000. CBYCA testified in support of the Bill. (Failed in Committee.)

HB 1176 – Prohibiting Artificial Islands as Future Dredge Material Repositories. CBYCA testified in support of the Bill. (Failed in Committee.)

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

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. (A hearing has been held, but no report issued.)

Legislative redistricting consumed much time in the Legislature. The outcome of what the Governor proposed and the Legislature passed is still in doubt because of on-going court challenges.

The Permit process for the Cove Point LNG Plant is moving along. The Williams Company expects the final permits to be issued in July and major construction to begin. The first tankers are expected seven months later, in the first quarter of 2003.

“IT'S ONLY A CANOE -- WHAT'S THE WORST THAT COULD HAPPEN?”

Shut your eyes for a second and imagine a fatal boating accident. If you’re like most people, you likely envisioned two powerboats colliding violently on a busy waterway. While those accidents do occur in Pennsylvania, fortunately they are rare. The most common fatal boating accidents in the state are far less complicated, but no less tragic. Over the last decade, operators of small, unpowered water craft are dying more frequently on the water than power boaters.

These life-claiming accidents are relatively simple, usually involving capsizing or swamping of a small boat. The victims don’t die from an impact, but rather from drowning or shock. According to the Pennsylvania Fish and Boat Commission (PFBC), which regulates recreational boating in the Commonwealth, there have been 122 boating fatalities in the state since 1992, 63 (52%) of which involved canoes, kayaks, rowboats, sailboats and other unpowered water craft. In the last three years, 61% of boating deaths involved such craft. In 2001, 64% or nine of 14 fatalities were on unpowered boats. The only fatality thus far in 2002? A canoeist. According to Dan Martin, Boating Safety Education Manager for the PFBC, many operators of small water craft tend to downplay the potential dangers. As a result, they overlook simple safety precautions such as wearing a life jacket. “There seems to be the mind set, particularly among novice paddlers, of ‘it’s just a canoe,’ or ‘it’s just a kayak. There’s no motor, I’m not going that fast, I’m not going that far -- so what’s the worst that could happen?’ In fact, the worst that can happen is death and unfortunately that’s what we’re seeing too often. Often the victims aren’t doing anything that at first glance would seem overtly dangerous, but they ignore some basic safety principals for small boat operation and as a result find themselves in situations they can’t get out of. They misjudge the power of current. They discount the effects of cold water. They aren’t familiar with the water they are boating on. Worst of all, they fail to wear a life jacket.” While every accident is different, there are some clear patterns. Usually, the operator isn’t wearing a life jacket. Cold water is often a factor. The shock of sudden immersion into cold water causes the body to gasp involuntarily. This causes people to inhale water. If the initial lung full of water isn’t bad enough, the numbing effects of cold soon set in. The deaths come as a result of drowning – sometimes only a few feet from safety. Other times, the victims make it to safety but die from shock or hypothermia. As many of you are aware, it’s easy to capsize a small boat. The same designs that make canoes, kayaks and other small water craft easy for one or two people to maneuver, also makes them easy to tip. “Even experienced paddlers get wet. So they prepare as if they expect to be in the water. They wear life jackets. During cold water months, they wear wetsuits or dry suits. If you go out in a kayak, for instance, thinking there’s no chance you’ll end up in the water, you’re really a danger to yourself.” Recent growth in the popularity of paddling sports, particularly kayaking, coincides with the trend toward a higher percentage of fatalities involving unpowered boats. “There have been 10 fatalities in kayaks in the last 10 years. But seven of those were in the last three years alone in Pennsylvania. Most of the accidents were preventable, or at a minimum, would not have been fatalities had the victims been wearing a life jacket. They underscore the need for boaters – any type of boaters – to be educated. ”Indeed, boating safety education has been on the upswing in Pennsylvania in the last several years. More than 100,000 Pennsylvanians have completed approved boating courses in the last three years and received Boating Safety Education Certificates issued by many states and the PFBC. The vast majority of those certifications, however, have been issued to motorboat operators. Most of the states and the PFBC stresses that the information provided in approved safety courses are important to ALL boaters; not just those with motorized water craft.

In addition to encouraging all boat operators to complete a safety course, the PFBC offers these basic safety tips:

If you did not hear about it yet – New Jersey’s new Governor McGreevey is facing a major budget deficit and he proposed a Double Bumping for boaters on the Boating Registration Budget line. He has doubled the proposed income to the General Fund for Boat Registrations. Now at $2.5 Million he wants $5 Million. Boaters are furious about this back door taxation and are writing letters to various state officials to ward off the largest registration increase ever. Some are considering moving their boat elsewhere.

A representative of the State Department of Treasury, Mr. Ralph Siegel, Director of Inter-Governmental Affairs, said when defending the new budget, “Boaters should be paying their fair share of the money spent by the state for boaters. Boaters have not had an increase since the 80’s and the state has spent a lot of money improving the safety for boaters in the way of improvements within the State Police which patrol the water,” Siegel said. The NJ SP have a budget of $5.8 million to patrol the waters of New Jersey. By their own declaration, the SP are charged with a myriad of responsibilities that extend far beyond boating safety to include immigration, drug interdiction, water rescue operations, crime prevention, environmental investigation, fish and game enforcement and a long list of activities which do not involve recreational boating. The only educational aspects are those conducted at boat shows where they have a display of their equipment and hand out booklets to attendees. They expect to conduct over 9,000 boardings next year. About 5% of registered boats in New Jersey.

In a most astounding statement, he said, “Boaters should share the cost of the lift bridge operations. If it wasn’t for boats, we wouldn’t need bridges. The state spends $5.3 million on bridge operations annually.” Siegel was totally unaware that the Federal Department of Transportation was responsible for the bridge permits. Of course, boaters know the agency as the USCG. I called the Atlantic Operations Bridge Division in Virginia and they were totally amazed by the position taken by the New Jersey spokesperson. Bridges are considered an obstacle to navigation under charters of the United State Coast Guard, the agency issues permits for such obstacles so that cars can go where they want. It is the State’s responsibility to provide clear passage for boaters.

In a final statement he believes that boaters should assume the increase justified because, “Boaters have cleaner water, which costs the taxpayers of New Jersey a lot of money.” Also we should subsidize the cost of the DEP for eel grass studies and replacement programs in our bay areas just like they do in Maryland. “I have a copy of the Maryland Budget and they spend a lot of money on the bay”, he said. He knew nothing about the funding of beach replenishment under the Wallop Breaux Tax Fund or the Clean Boat Act. He admitted to canoeing on the upper Delaware River as his boating experience.

We must stand strong on this issue. Write letters, write letters, write letters. Send them to your Representative, Governor, and Committee members. May is the month to get this work done. The budget will be passed in June. We must meet with the Governor’s Council to emphasize the importance of not adversely impacting the boating economy. Back in the 80’s New Jersey lost almost all of the boat manufacturing due to excessive taxation and licensing by the Federal Government. This is another opportunity to repeat history!

NJ Legislative Services 1-800-792-8630. These folks can direct you to the address or telephone of your Legislative Representative or Committee Member

Governor’s Office – Fax 1-609-292-3454 and a direct line to the office is 1-609-292-6000.

Office of Management and Budget: 1-609-292-6746Sample letters and more information can be found on the Boater Voter Coalition Web site. http://sport.nj.com/sport/boatervoter

National Boating Federation

News Release

Bird Key Yacht Club

Sarasota, Florida

13 April 2002

Today, at the Annual Meeting, the National Boating Federation announced the election of the new Board of Directors and Executive Committee. The new governing body for the 2002-2003 year is listed below:

Board of Directors

President - David L. Goodman, Potomac River Yacht Clubs Association

Vice President - Penelope N. Orth, Potomac River Yacht Clubs Association

Secretary - Marlene Barrington, Northwestern Boating Council

Treasurer - William A. Heider, Sr., Inter-Lake Yachting Association

Publicity Director and LOOKOUT Editor - Andrew Talento, Pennsylvania Boating Association

Executive Committee

William B. Allbright, Florida Council of Yacht Clubs

David J Kutz, Recreational Boating Association of Washington

Earl M. Waesche, Chesapeake Bay Yacht Clubs Association

Everett L. Tucker, Jr., Coast Guard Auxiliary Association

Robert P. David, United States Power Squadrons

William D. Mitchelson, Lake Michigan Yachting Association

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PDF Age Rules

Art Murray, CBYCA Safety Committee

U.S. Coast Guard Auxiliary

When people find themselves in the water as the result of one type of accident or another, those who are wearing a personal flotation device (PFD) or life jacket stand a much better chance of surviving than those who are not. This is especially true where children are concerned. In an attempt to reduce the number of deaths of children due to drowning, many states have created statutes that require children below a specified age to wear a PFD while on board a recreational vessel. In some instances these statues have been met with the same resistance that the automobile seat belt regulations met when they were first introduced. There can be no argument however that it is much safer to be wearing a PFD while on a boat or a seat belt while driving in an automobile than to not be wearing one. Accidents do happen on the water. People do occasionally fall overboard, there are collisions with boats, and boats do occasionally sink.

States and territories that have enacted regulations requiring childr4en of a specified age to wear a PFD while on a boat have taken a positive step to improve safety. Unfortunately, these regulations are not uniform. The following is a list of states and territories that have by statute established an age requirement for children to wear a PFD while aboard a recreational vessel:

Alabama under 8 years of age

Alaska under 13 years of age

American Samoa under 13 years of age

Arizona under 13 years of age

Arkansas under 13 years of age

California under 7 years of age

Connecticut under 12 years of age

Delaware under 13 years of age

Florida under 6 years of age

Georgia under 10 years of age

Illinois under 13 years of age

Kansas under 13 years of age

Kentucky under 12 years of age

Louisiana under 13 years of age

Maine under 11 years of age

Maryland under 7 years of age

Massachusetts under 12 years of age

Michigan under 6 years of age

Mississippi under 13 years of age

Missouri under 7 years of age

Montana under 12 years of age

N. Mariana Isl. under 13 years of age

Nebraska under 12 years of age

New Hampshire under 13 years of age

New Jersey under 13 years of age

New York under 12 years of age

Ohio under 10 years of age

Oklahoma under 13 years of age

Oregon under 13 years of age

Pennsylvania under 13 years of age

Puerto Rico under 12 years of age

Rhode Island under 10 years of age

South Carolina under 12 years of age

Tennessee under 13 years of age

Texas under 13 years of age

Utah under 13 years of age

Vermont under 12 years of age

Virgin Islands under 12 years of age

West Virginia under 13 years of age

Wyoming under 13 years of age

Of the forty states and territories that have statutes that specify an age for children who would have to wear a PFD, twenty, or half, specify that children under the age of thirteen shall be required to wear a PFD while on deck on a recreational vessel.

Skippers who take their recreational vessels from the waters of one state into the waters of another state must pay attention to the statutes that apply. For example, consider a skipper taking a recreational vessel from Baltimore down the Chesapeake Bay to Norfolk with two children on board, one six years of age and the other twelve. While cruising through the Maryland portion of the Bay, the six year old child would be required to wear a PFD while on deck and the twelve year old would not. However as soon as the vessel enters the Virginia portion of the Bay, the twelve year old would also have to wear a PFD while on deck. If the skipper were to continue the voyage down the ICW to Florida, the vessel would pass through the waters of Virginia, North Carolina, South Carolina, and Georgia before reaching Florida’s waters. The age requirement for a child to wear a PFD while on deck would vary between twelve years of age to under six years of age. In an ideal world all the states and territories would adopt the same age requirements. Perhaps one day a Federal statute will establish a uniform age requirement that would eliminate the present disparity of age requirements.

Commodore	Ken Bean
Vice Commodore	Betty Stahler
Legislative Director	Timothy Abel
Rear Commodore	John Garlotta
Qualifications Officer	Faye Broseker
Director, MD State Legislature	Charles Tulip, Jr
Director, VA State Legislature	Dave Goodman
Director, Del/PA State Legislature	Rex Beers
Director, NJ State Legislature	Jerry Donofrio
Secretary	Karen Anderson
Treasurer	Don Burton
Publicity Director	Robert A Gattone
District A Representative	William Morgan
District B Representative	Shelly Beers
District C Representative	Joe Skinner
District D Representative	Don Parsons
District E Representative	Tom Powers
District F Representative	Norman Overfield
District G Representative	Michael Coffey
Nominating Committee	P/C Dion Guthrie Harry Seeback
Historian	P/C Donald Antos

10 August	1000 1300	Board Meeting Delegates Meeting	Chesapeake YC
14 September	1000	Board Meeting	Kent Island YC
19 October	1000	Board Meeting	Prince William YC
16 November	1000 1300	Board Meeting Delegates Meeting	Bush River YC
21 December	1000	Board Meeting	Belvedere YC