I was very pleased with your comments. Thanks
Ed
Ed Kelly (& Sue Kelly)
USSV Angel Louise - a Catalac catamaran now on a mooring in Annapolis
till after the show.
Our Skype Phone (202) 657-6357
Email: EdKelly ("at" symbol) netins.net
On Sep 30, 2008, at 11:23 PM, 'bella wrote:
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.
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