0It is my recollection that it was the U.S. Coast Guard's decision not to enforce the laws and rules below that led to this mess. At least the Florida Attorney General is following the law and has identified an area of ambiguity - how long is too long to stay in one place?
Ron Rogers ----- Original Message ----- From: "Ken James" <[EMAIL PROTECTED]> > > I neither wrote nor implied it was. The Law of the Sea is rather > complicated but included therein is the right, if I remember correctly, > of innocent passage that allows transit within defined borders to > friendly vessels. There is no law I’m aware of that grants the right > *to live where one is not wanted*. There IS an international treaty and laws that follow that say a boat "in navigation" also has the right to anchor. > 1. The US Code of Federal Regulations, Corpus Juris Segunchun states that > the common right of the > public to use navigable water for navigation is superior to other rights > in the water, and it not confined to the > main channel, but extends over the entire surface of the water, from shore > to shore, subject only to natural. > obstructions and lawful artificial obstructions and that the public may > exercise tea right of navigation in a > reasonable manner for either business or pleasure and in either large or > small watercraft. It includes the > incidental rights of anchorage and mooring. > > 2. Federal Maritime Law, Chapter IX. entitled, The Sea and > Jurisdiction over Federal waters Section > 141, entitled, "The Sea, the Primary Maritime Local, Navigational Waters" > pg 9-11, states that Navigable inland > rivers and lakes susceptible of use as highways of interstate and > international commerce are within the > admiralty and maritime jurisdiction.” Federal waters are defined as: "All > tidal waters including the rivers, > canals and lakes that interconnect,” which include the inland waters that > are accesisble to the Sea. > > 3. US Code Annotated states that riparian owner having qualified title to > submerged soil is entiltled > to no preference over the public generally with respect to use of > navigable waters, whether for navigation, > business, or pleasure. > > 4 The U.S. Constitution, Article VI. reads: This Constitution and the Laws > of the U.S. which shall be > made in pursuance thereof; and all Treaties made, or which shalt he made > under the Authority of the U.S. > shall be the supreme law of the land; and the Judges in every State shall > be bound thereby, any Thing In the > Constitution or Laws of any State to the Contrary notwithstanding. > Article IV, (Bill Of Rights, July 21 1868) states that No state shall make > or enforce any law which > shall abridge the privileges or immunities of citizens of the U.S. _______________________________________________ Liveaboard mailing list [email protected] To adjust your membership settings over the web http://www.liveaboardnow.org/mailman/listinfo/liveaboard To subscribe send an email to [EMAIL PROTECTED] To unsubscribe send an email to [EMAIL PROTECTED] The archives are at http://www.liveaboardnow.org/pipermail/liveaboard/ To search the archives http://www.mail-archive.com/[email protected] The Mailman Users Guide can be found here http://www.gnu.org/software/mailman/mailman-member/index.html
