Not to mention the AICW and the GIWW are considered federal waters for the purpose of navigation.
For those who don't know me... I would tend to think that 2 Atlantic round trips..Living in the Med for two yrs.. numerous forays south in the Caribean.. and currenly living aboard my 33 foot sloop... could qualify me to comment on boating matters.. did I mention I also deliver boats of and on... lately more off than on as I am consumed with a refit.. fair winds 'bella aboard svmaja port covington md.. On Tue, Sep 30, 2008 at 10:40 PM, Ron Rogers <[EMAIL PROTECTED]> wrote: > 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 > -- http://www.slideshare.net/jacko91/these-are-my-credentials/ http://fisherhouse.org/ http://www.specialops.org/ "We are the gaurdians of a great faith. When we believe that freedom offers the best chance of peace and prosperity for all, and our desire for peace cannot be seperated from our believe in liberty." Harry J. Truman
_______________________________________________ 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
