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Posted by Jim Lowry
on December 11, 2008, 9:27 am, in reply to "Re: Better start keeping a Ship's Log!"
71.200.223.42
That is why boaters must standup and speak out.
As they are only thinking of ways to do things and ARE looking for input, not taking any action at this time.
Point 1. FWC states, considers boats abandoned, and therefore subject to removal, if it's moored in the same area for more than 30 consecutive days or 90 days in a 365-day period and lacks current registration
According FWC “The catch is that if the boat is "under navigation," the county can't touch it. Under navigation can mean that the owner comes by to check on the boat once a month, McBride said. “
To show you (the owner” has come by to check their vessel a log book showing the dates and times of boarding may be the only proof, showing that you did check on your boat.
Point 2. A county or city (Marco Island) can write any law they want, that does not make the law legal.
“Currently there are no restrictions on that. It's still a maritime right to be able to navigate freely."
Again FWC states “The catch is that if the boat is "under navigation," the county can't touch it. Under navigation can mean that the owner comes by to check on the boat once a month, McBride said. “
They state this because it is written in the Federal Register, Maritime Law, and USCG Rules and Regulations.
Marco Island lost their fight because of the above “catch”.
One. It is not a catch, it is law under the USCG rules and the Federal Register.
Even the state can pass a law that the courts later find illegal.
The better way to go, is to stop the law from being written to begin with; however, that being said, a ships log book has been shown as proof as to the operation and maintenance of the vessel.
To show your vessel is not abandoned (with current registration) a log book will show you have taken care of the vessel on a regular basis.
--Previous Message--
: This proposed law would allow either a city or
: a county to pass an ordinance that you can't
: moor your boat more than 30 consecutive days
: in that county regardless of whether it was
: moved during those 30 days.
:
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