May 2003 Chartroom Chatter
Thanks go out to Commodore Joe Ortt and the officers and members of Eastern Yacht Club for hosting the April Delegates Meeting. We had good club participation with 72 clubs represented. The two guest speakers, Jack Neil and Bill Burton gave excellent presentations and I believe everyone enjoyed their comments.
The 2003 Chartroom Chatter Roster Issue was distributed at this meeting. A job well done goes out to chairman R/C John Garlotta with a lot of help from V/C Betty Stahler, Q/O Faye Broseker, P/C Donald Antos, P/C Penny Orth, P/C Joe Hellner, Ms. Nancy Harper, Mrs. Bridget Bean, D/R's Shelly Beers, Bill Morgen, Joe Skinner, Don Parsons, Tom Powers, Mike Riccobene and Ed Evans. This book takes a team effort to put it together and I hope all of you enjoy their efforts.
The Delegate pins were finally presented at this meeting. I hope that all Delegates & Alernate Delegates will wear them with pride. Captain Protocol has written wearing guidelines for the pins.
With the yacht club opening day ceremonies starting shortly, another summer filled with the joys of boating is here.
We hope all have a safe and fun-filled boating season and look forward to being with our friends at these ceremonies or around the Bay
I want to thank all the Delegates that attended the April Delegates Meeting at Eastern Yacht Club. I am sorry to those that could not attend due to the Easter Holiday but with our February meeting being snowed out and the club openings beginning next week we had no other choice but to keep the meeting on its scheduled date.
Our August Delegates Meeting will be held on August 2, 2003 at Chester River Yacht and Country Club. This meeting is traditionally our "cruise in" meeting and for those who are planning on coming by boat, I will need your boat reservation immediately. Slips are very limited. I have been informed that there are a couple of marinas in the area that I will contact for additional slips if need be. There is also an anchorage if you would prefer to anchor out. For those who will be docked other than at the yacht club, we will provide transportation to the meeting. Please call (410-437-5448), fax (410-437-4622) or e-mail (CBYCAQO@aol.com) me your boat reservation.
Inserted in last months Chartroom Chatter was a survey that required completion then to be mailed to me. As of the deadline date April 14, 2003, I had only received 18 surveys from our 134 yacht clubs. I would like to thank those clubs that sent me their survey. The information that was gathered by only 18 clubs is very valuable to the committee. Since it is very important that we have feedback on the changes that we have made, I have inserted the survey once again. We would like the clubs that have not responded, to complete the survey and mail it to me by May 17, 2003. If I do not receive one from your club, I can only assume that the answer to question number 4 is NO.
Ceremony Coordination Committee Report
V/C Betty Stahler CBYCAQO@aol.com
The Opening Day Ceremonies are about to begin. Please check the inserted goldenrod and the CBYCA Website www.cbyca.org for the upcoming opening day ceremonies. If your club would like yacht club representation and your opening is not listed, please e-mail me complete information so we can get it posted. CBYCAQO@aol.com. The website is updated as information is received.
R/C John Garlotta CBYCARC03@yahoo.com
Ahoy fellow boaters. For those of you who did not attend there was a Delegates Meeting held at Eastern Yacht Club. We had one overwhelming turnout. My thanks go out to Shirley at Eastern for the great job she did on setting up the meeting room and food. This was the day the new 2003 Rosterbooks were given out. Some of the attending delegates forgot to pick up their books. Any club which has not received their books please give me a call @ 215 840-3070 to make arrangements to get their books.
This year's book is one of the largest the CBYCA has published. There are a total of 168 pages We had a great response from clubs placing ads. Commercial advertisers increased, and friends and patrons were a great help. I am quite proud of the new addition to the book " The Princesses Pages". There were 19 clubs from the Chesapeake Bay who placed a picture of their princess in the book. The Queen's Pageant of the DRYL also placed a page of their Queen and Princesses. I know these pages will become a permanent part of the Rosterbook.
My thanks go out to all those people on the yearbook committee who gave up so many hours of their time to make this book a success.
Any club or person wishing to purchase additional copies or copy of the 2003 Rosterbook may get in touch with me at the above listed phone or email me CBYCARC03@yahoo.com These books are packed full of club information and anyone planning a trip or spending any time on the water should have one. Attention to all who receive these books, This book is made possible by advertisers! Tell your club members to :
PLEASE PATRONIZE THE ADVERTISERS IN THIS BOOK, AND TELL THE ADVERTISERS THAT YOU SAW THEIR AD IN THE CBYCA ROSTERBOOK.
Have a great boating season. I hope to meet many of you at the various openings which I plan to attend.
Coles Marsh, DSLMD marshcr@prodigy.net
If you did not attend the Delegates Meeting on April 19th, you missed a very informative session. Jack Neil (political analyst) updated us on the 2003 legislative session as it pertains to recreational boating.
Key issues:
Both bill's died in committee. CBYCA supported the bills.
Have a great boating season.
YOUR CLUB'S VOICE IS IMPORTANT.
Jerry Donofrio, Sr., DSLNJ Security@fcc.net
EDUCATION
The New Jersey public hearings for waterway safety have concluded and the committee is now evaluating all of the testimony as well as reviewing Senate Bill 2246 introduced by Senator Andrew Ciesla of Monmouth/Ocean County. DSLNJ Donofrio was contacted by a task force legislative representative this past week to review the particulars of the proposed legislation. There was discussion on the merits of allowing a 60 day exemption for certification to first-time new boat owners purchasing boats from a dealer. It is ludicrous to ask experienced boat owners to submit to a law requiring formal training and certification only to allow totally inexperienced persons to operate a boat for sixty days without the same stipulations. They agree and are looking into that portion of the proposed law.
Experienced boaters will be given an opportunity to take a test and secure a certificate. Failure to pass the test would require additional training. Once training from an approved program is presented, a certification will be issued by the State Police. The program provides for the youngest boaters, age 35 and under to secure a certification first, graduating to older persons over a four year period. The proposed certificate is a lifetime issue and must be available for presentation by the person when operating a boat.
FISHING STRUCTURES
NJ DEP Commissioner Campbell announced the adoption of the subway cars from NYC to form additional reefs on the New Jersey coastline. This followed years of debate by environmental groups which hampered earlier adoption of the reef program and cost not only hundred of cars, but set limitation on future development of reef programs. Some fishing groups are very disappointed.
WATERWAY IMPROVEMENT
DSLNJ Donofrio has been asked to attend a focus group to represent issues for boaters on the Delaware River. The group will be meeting at the Delaware River Basin Commission (DRBC) Headquarters in May to develop tourism and access strategy for the Delaware River. Sara Litke from the group RESOLVE, Inc., 1255 23rd St. NW, Suite 275,Washington, DC 20037, phone: 202/965-6216, email: slitke@resolv.org, will be moderating the group. Individuals forming the focus group include representatives from NPS, PADEP, NJDEP, Upper River user groups and Philadelphia environmental development organizations.
http:/SPORT. NJ. COM/ SPORT/ BOATERVOTER
email - security@fcc.net
Submitted by Jerry Donofrio Sr., Chairman
GAS REBATE
The Gas Tax Rebate issue for New Jersey boaters was brought to the attention of the State Senate at a public hearing for the 2004 budget. In a prepared letter and public testimony Chairman Donofrio requested the Senate Budget Committee to consider the cost of returning gas taxes collected from boaters and to support the return of the inequitable tax to boaters for the year 2004. In response, Senator Anthony Bucco of Morris County inquired if any other states followed such a procedure and Donofrio gave additional testimony to the affirmative. Subsequently, the NJ State Tax office has contacted the BVC for additional information to evaluate the cost to the state in lost revenue. It is estimated that about 1/3 of the gas powered boaters will take the opportunity to apply for the rebate.
Currently the New Jersey tax code provides for certain types of gas powered vessels to received a tax reimbursement for fuel tax if they are used for commercial fishing, for hire for fishing parties, sightseeing excursions, first-aid rescue or sea scouts. The return of tax is authorized once the appropriate paper work is submitted to the tax department. The BVC has been at work for five years to gain the support of a legislator to sponsor a modification to the existing law since the New Jersey Constitution was amended. The Amendment provides collected fuel taxes be used exclusively for highway and bridge infrastructure repair. Many arguments against a rebate were offered by the tax experts, to not allow this refund, because portions of the money were being used to dredge channels or repair lift bridges so boats could go under highways.
The BVC proved to the tax people that the responsibility of lift bridge repair was clearly written to be the responsibility of the person crossing over not under in accordance with charters as far back as the 16th century. All bridges crossing channels must have a permit and permission from the USCG Bridge Engineering Division. Many bridges have tolls to pay for the maintenance of the facility and these are always collected from the person crossing over or under as is the case of a tunnel. Boats were here first!
The BVC has been successful in moving the process forward during the recent public testimony to the Senate Budget Committee. Senator Anthony Bucco has drafted legislation to include recreational boaters in the tax refund program. In a letter address to the BVC, the senator has asked for any corrections before presenting the new legislation to committee. This new draft in conjunction with the over 3000 signatures on the BVC petition should lead the way to a fairer tax and money saved for the New Jersey boater.
It is not clear if we will be able to get this passed during this session. If we do, it must be by the end of May. All laws affecting boating in New Jersey must be passed between October and May. In any event, once this legislation is moved to committee we must do a huge letter writing campaign to support this legislation.
HOUSEBOAT BAN AT STATE PARK PROPERTY
The houseboat ban in New Jersey State Park marinas is still an ongoing battle. Chairman Donofrio was recently contacted by the NMMA Council and the publishers of Houseboat to find a solution. A meeting with Assm. Blee and interested parties is planned for May 2nd . We are seeking to move existing legislation requiring the state to accept houseboats and allow houseboats dockage rights the same as other vessels. My guess is that several years ago there was a problem with "boat houses", houses built on barges, which got extrapolated to include the term houseboat. Somewhere along the line a decision was made to ban houseboats, which has now caused owners of these vessels to be evicted from state marinas. I have asked the state to produce the documents and notes leading to the administrative code in an effort to gain insight to the intent of the older rulings. The state officials are not very forth coming with information. Surprise! Surprise!
National Boating Federation
Earl Waesche, Legislative Director, NBF emwaesc@erols.com
The meeting of the National Boating Federation was held in Las Vegas on April 12. Good attendance, good speakers and lively membership reports. Following is the report as given at the meeting: As I prepared the report, the Nation's focus is on the conclusion of the war in Iraq. Domestically, the imperative is on Homeland Security in which the US Coast Guard is playing a major role both here and the Persian Gulf. In the Republican controlled 108th Congress, we see tax cuts, tort reform, Social Security and pension reform, judicial appointments, the economy and, of course, post-war reconstruction dominating the political scene. In this environment, NBF continues to work with various interest groups and the Congress to address those issues of interest to us. Some areas of direct concern to boating are the following:
Maritime Security - The Coast Guard conducted seven public meetings to discuss the types of vessels and facilities that could pose a transportation security risk and determine measures and standards to deter such incidents. The purpose of the meetings and their agenda was detailed in the Federal Register/Vol. 67, Monday December 30, 2002. The meetings were led off by RADM Larry Hereth, Director of Port Security, USCG and were followed by participant comments and panel discussion. Reports indicate the meetings were well attended, productive and informative. The Coast Guard will publish an interim rule not later than June 2003 and a final rule by November 2003. This schedule and its urgency are mandated in part by the Maritime Transportation Security Administration.
GAO Report on Coast Guard - With all the concerns of Homeland Security, a GAO report has cited that some Coast Guard missions such as drug interdiction and commercial fishing patrols have suffered. In hearings on Capitol Hill, Representative Frank LoBiondo (R-NJ) expressed concern that "the Coast Guard's traditional missions such as S & R, drug and migrant interdiction, pollution prevention and boater safety and fisheries law enforcement must be preserved." Coast Guard Commandant ADM Collins did not disagree with the GAO report but indicated even with the new responsibilities and with limited resources, they were still getting good results with high productivity.
Marina Security - A separate but related maritime security initiative is the publication of the document "Security Tips to Nation's Marinas." The Marina Operators Association of America (MOAA) and the USCG have prepared this and MOAA will distribute it to marinas nationwide. We felt the publication was informative and useful and should be known to all mariners. This was provided to us by MOAA and is available upon request.
Coast Guard Ban - Hampton Roads, VA - Another related issue is a proposal by the Coast Guard to ban all recreational boating in Hampton Roads, VA under the Code Red terrorism alert. Hampton is the home of the Atlantic Fleet and thus would be critical in any real attack. It is also home to a large number of pleasure boats and a major entrance to the ICW. City officials and marina owners cited the "drastic effect on the region" with such a ban.
EPA Request for Comments on NDZs - The Environmental Protection Agency has a request for comment on a planned "Survey to Determine the Effectiveness of No Discharge Zones for Vessel Sewage and Marine Sanitation Devices." Specific details of the Information Collection Request (ICR) to the OMB may be found in the Federal Register/ Vol. 68, No. 59/Thursday, March 27, 2003. The issue here is that the questions on the ICR not be worded in such a way as to skew the results to show that NDZs are doing very well. Members are encouraged to comment.
New Type 1 Marine Sanitation Devices (MSDs) - Representative Jim Saxton of NJ has again entered legislation to establish new more stringent emission standards for Type 1 MSDs. Again, this is a positive development for the boating community and gives us an alternative to holding tanks. We supported the bill in testimony before Congress last year. While the hearings were successful the bill was not brought to a vote. At this time we have not been informed by staff as to the strategy for the bill in the 108th. The bill number is H.R. 1027.
Loran-C - With the transfer of the USCG to the Dept. of Homeland Security, there was concern that Loran and its modernization would not be continued. Therefore, we have sent letters to the relevant House and Senate committees asking for continued funding for Loran in FY 2004. We have previously made the case for maintaining Loran as a fully independent backup to GPS. GPS is not infallible. The technology is available to jam GPS and this was attempted, albeit unsuccessfully, in Iraq. It is important, as mariners, to have redundancy aboard our vessels. Certainly navigational equipment is critical and if it fails we need a backup. Let your Congressional representatives know you want Loran continued. The USPS has already communicated its support to the Coast Guard.
Accord Reached on Wallop/Breaux Funding - After 18 months of sometimes rancorous debate, the American League of Anglers and Boaters have reached agreement on funding the $500M Aquatic Resources (Wallop/Breaux) Trust Fund. Tax revenue from motor boat fuel and fishing equipment funds programs such as the Boating Infrastructure Grant Program, Boating Safety, Sports Fish Restoration, Clean Vessel Act (pump outs), etc. The debate centered on the allocation of funds between the Sports Fish and Boating Safety programs. A compromise was reached and Boating Safety will now receive 43% of the Motor Boat Fuel Tax if adopted by Congress. While this was not the 50% many hoped for, it is substantially more money than was received in previous years. This legislation will become part of the Highway Bill that will be heard in the House Transportation and Infrastructure and Senate Environment and Public Works Committees.
Prop Guard Litigation - The most recent action on the prop guard issue has occurred in the Supreme Court. In the case of Sprietsma v. Mercury Marine, the Supreme Court held that the Federal Boat Safety Act (FBSA) does not preclude a state court jury from hearing and awarding damages in a personal injury case. This stems from a l995 lawsuit in which Jeanne Sprietsma was killed in l995 when she fell and was struck by the propeller of a Mercury outboard. The FBSA still has authority to regulate design and construction of boats. It does not preclude a state court jury from hearing and deciding a personal injury case involving an allegedly defective boat. The case will be remanded back to Cook County Circuit Court in Illinois to be retried. The original suit claimed Mercury's engine was defective for not having a propeller guard even though no state or Federal regulation requires it.
National Recreational Boating Safety Coalition (NRBSC) - NBF continues it's active participation in the NRBSC. This coalition, chaired by Tom O'Day, and comprised of the USCG, USCGA, NTSB and various trade and private organizations, continues its good work in promulgating boating safety nationwide. The coalition advocates mandatory PFD use, mandatory boater safety education and BWI legislation. The coalition monitors and actively supports legislative initiatives in these subject areas nationwide.
Elimination of Y-Valves for MSDs on Boats - The now legal installation of y-valves for Type III MSDs would have been eliminated under an NMMA endorsed proposal If this became a reality, it would have precluded now legal off shore pump outs, make us totally dependent on the use of pump out facilities and would be a disincentive for the development of new technologies for onboard treatment systems. Their proposal also includes an increase in pump out fees. NBF made its objections known to NMMA. We now believe the concept will not achieve fruition.
Arthur R. Murray
U.S. Coast Guard Auxiliary
Chairman Safety Committee
Title 46 of the United States Code, Chapter 23, Section 2304, Duty to Provide Assistance at Sea states:
"(a) A master or individual in charge of a vessel shall render assistance to any individual found at sea in danger of being lost, so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or individuals on board.
(b) A master or individual violating this section shall be fined not more than $1,000, imprisoned for not more than 2 years or both."
Leaving moral obligations aside, this rule clearly defines the lawful responsibility of a master or individual in charge of a vessel to render assistance to anyone in danger on the water whether in inland or international waters. However, it also gives that master or individual in charge an escape clause to avoid rendering assistance.
That part of the rule, "... so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or individuals on board," makes rendering assistance a judgment call. It also gives a master or individual in charge an excuse for not rendering assistance if they do not choose to do so. Any plausible reason for not going to the assistance of a person or persons in danger of being lost on the water would probably suffice. The word "plausible" is the key word. If the reason does not really justify the failure to render assistance, the master or individual in charge would be subject to serious penalties. Although most people would not hesitate to put themselves at risk to save the life of another person, there is no legal requirement that they do so. Putting one's own life at risk to save someone else's is usually a judgment call and not a reaction to some legal or moral responsibility.
Some people will avoid getting involved in any way when they come upon a marine casualty. They will usually depart the scene as quickly as possible to avoid any entanglement physically, legally, or psychologically with the situation. This attitude is unfortunate to say the very least. As a rule when a person gratuitously and in good faith renders assistance at the scene of a marine casualty, without any objection by the individual assisted, that person is not held liable for damages as a result of rendering such assistance. If there is the act of omission of a specific type of assistance, considering the circumstances of the situation, the person has acted as an ordinary, reasonable, and prudent individual, he should not be held responsible for any damages. For example, a skipper might come upon another vessel engulfed in flames and decide not to put his vessel or passengers at risk by going too close. Instead he may send out a MAYDAY call on his radio and then stand off at a safe distance and try to recover from the water any who have abandoned the burning vessel. This skipper would have acted prudently and should not be held liable for any injuries or loss of life because he did not choose to go alongside the burning vessel. In situations like this it is always a judgment call.
Mark Your Calendars!
| Date | Time | Meeting | Location |
| 31 May | 1000 | Board Meeting | Maryland YC |
| 2 August |
1000
1300 |
Board Meeting
Delegate Meeting |
Chester River YC & CC |
| 13 September | 1000 | Board Meeting | Corinthian YC |
| 18 October | 1000 | Board Meeting | Charleston YC |
| 15 November |
1000
1300 |
Board Meeting
Delegate Meeting |
Kent Island YC |
| 20 December | 1000 | Board Meeting | Mount Vernon YC |
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