Anchor Wars come to Georgia

Better pay attention snowbirds. If this passes, it will be the end of southern cruising for us. I know a lot of ICW cruisers skip Georiga entirely and go outside but it's our favorite state. A lot of people spend every night in a marina but anchoring in beautiful remote spots is perhaps the number one reason we cruise. Needing to get a $5.00 a night permit and anchor only in a few designated and crowded places in the state will either put a "For Sale" sign or winter shrink wrap on our boat.




http://links.govdelivery.com/track?...medium=email&utm_source=govdelivery&utm_term=

Greetings,
Mr. RL. Thanks. I did a quick scan but I'm weak on legalese. So an anchoring fee and in designated areas only, I understand (a REAL PIA for sure) but what's the deal with all the "live aboard" references crossed out? Is this an attempt to rid the state waters of derelicts?


I agree with you, the low country in Georgia is starkly beautiful. Nothing there but everything there at the same time. Somewhat tedious to navigate but should be experienced at least ONCE by everyone who travels the ICW.

It also appears that the entire GA ICW will be a no-discharge zone for any approved marine sanitation device discharging treated waste.

According to the AGLCA, the new law has already passed and the only way to influence how it’s to be implemented will be through the DNR’s rule-making process.

Roger Long said:

Better pay attention snowbirds. If this passes, it will be the end of southern cruising for us. I know a lot of ICW cruisers skip Georiga entirely and go outside but it's our favorite state. A lot of people spend every night in a marina but anchoring in beautiful remote spots is perhaps the number one reason we cruise. Needing to get a $5.00 a night permit and anchor only in a few designated and crowded places in the state will either put a "For Sale" sign or winter shrink wrap on our boat.

http://links.govdelivery.com/track?...medium=email&utm_source=govdelivery&utm_term=

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Georgia doesn't seem to care about scaring away businesses or visitors these days. Disney has even threatened to remove all filming. I will be avoiding the Atlanta hub airport if their nonsense continues. As for the ICW, I prefer the outside, anyway, where I can avoid predatory dock fees, use autopilot & not worry about running aground.

Here is the pertinent part of the proposed regulation.

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391-4-5-.23 Overnight and Long-term Anchorage Permits

(1) Anchoring or Docking Vessels at Night.

No person shall anchor or dock a vessel at night in the estuarine area of the state unless it is at an eligible facility, as defined in O.C.G.A. 52-7-8.4, or in an anchorage area established by the Department and with an anchorage permit as outlined in paragraph (2), below. This rule does not apply to the following:

(a) A vessel docked at a private recreational dock or a non-eligible facility so long as such vessel is not utilized as a live-aboard vessel, as defined in O.C.G.A. 52-7-8.4;

(b) A vessel seeking safe harbor from dangerous weather or in the event of mechanical failure for up to 7 days; or

(c) A vessel anchored while actively engaged in fishing.

(2) Anchorage Permits.

(a) Persons anchoring a vessel at night in the estuarine area and within an anchorage area established by the Department, must purchase and be in possession of an anchorage permit, except as provided herein.

(b) Permit Fee.

1. A daily anchorage permit is valid for one (1) overnight period and is available at a cost of $5.00.

2. A weekly anchorage permit is valid for seven (7) days and is available at a cost of $20.00.

3. A monthly anchorage permit is valid for 30 days and is available at a cost of $40.

4. An annual anchorage permit is valid for 365 days and is available at a cost of $240.00.

5. Senior citizens (65 years of age or older), active duty military and veterans may purchase a daily, weekly, monthly, or annual anchorage permit at a fifty percent discount.

(c) Anchorage permits shall be available at all sites that sell hunting and fishing licenses, by phone and online.

(d) Anchorage permits may be printed or held electronically, but must be onboard the vessel at all times and available for inspection upon request. When a vessel is unoccupied at night, any monthly or annual anchorage permit must be prominently displayed and visible from the water.

(e) Any person applying for an anchorage permit for a live-aboard vessel must certify to no discharge of sewage, treated or untreated, into the estuarine area of the state.

(f) Exemptions to this rule may be granted by the Department for unique circumstances. Conditional permission must be requested in writing to the Commissioner.

(3) Public Notice. The Department shall post anchorage areas on its website.

If Florida is an example, the law may conflict with Federal navigation regs. Especially the long stretch from Savannah to Brunswick with few marinas, pumpouts, and fuel...particularly for slow boats.


We will see.

Thanks for the link.
Really doubt they are going out in the evening to enforce vessels anchoring overnight to transit the state. Probably more likely that they are targeting the derelict boats and those who are discharging overboard. There is an exception for boats actively fishing, so I guess I'll have my line in the water till bedtime.

Ted

Did I read the actual posting of the law on the net correctly in that the definition of liveaboard is reserved? Maybe to be redefined?

Too many people

I read somewhere that the law also requires you to keep a written record of all pumpouts over the last 12 months with locations and dates available for inspection.

I would claim mechanical failure.
(and have a dirty fuel filter on hand to prove it).
And it just might take the full 7 days to bleed it out properly.

I can't be anchored---I don't even have the correct anchor.

We love anchoring up at Cumberland. However I just can't see having to maintain a pump out log continuously just for those nights. Are they seriously suggesting that all of the boats that just transit GA, anchoring out maybe one of two nights as they do so, have to maintain a log? Basically all of the vessels that use the the east coast and beyond?

I could sit and create a fictional log the night before I go up. Since I am based in Florida I can say I pump out at the facility here at home, a local marina, or over three miles off shore (which we last did BTW). They would never know it was just created since I am based in Florida and they cannot randomly board and inspect for GA rules. Every boat nor registered or based in GA could do so!

When we transit north our anchorage for one night is always St Simon's, but that is always just one night before our next stop at Hilton Head.

Wondering if this should only apply to GA registered vessels - as liveaboards would have to be if staying over a certain period (e.g. I think 90 days in FL?)

Another thought is: could you just say that this is the first time you have used the boat in a year and you have not had to pump out during the last year? Then what do they do?

Creating and maintaining a log with pump out date and location seems pretty simple. Lying about it would require more energy. Are you going to assemble a collection of different colored pens? Perhaps soil the log paper to make it look authentic?

I think we are interpreting this wrong.
If you read the background from the linked notice, they seem to clearly be going after the derelict liveaboards.


Background:

Live-aboard vessel owners who do not operate their vessel according to existing law remain a consistent point of contention for coastal residents. Numerous, frequent complaints are fielded by DNR regarding vessels anchored in the estuarine area that are proving to be public nuisances as well as health hazards because of waste discharge. HB201, which becomes effective January 1, 2020, streamlined requirements for living on a vessel while providing a more enforceable code.

Current live-aboard vessel law resides in the Coastal Marshlands Protection Act (CMPA, 12-5-280 et. seq.), which is enforced primarily through civil penalty. As vessels, live-aboards are more appropriately regulated via Title 52, Chapter 7 (Registration, Operation, and Sale of Watercraft) where a violation would carry a criminal penalty. In addition to removing live-aboard vessels from the CMPA, HB201 transferred their oversight to Title 52 and directs the Board to create an anchorage permit which would reside with boating regulations, 391-4-5. HB201 also allows vessel owners who use eligible facilities (marinas with waste pump-out services) to live-aboard their vessel with no further interaction with the department.

Current law requires registration with the Department and doesn’t allow a live-aboard outside of an eligible marina. HB201 provides opportunity for those who wish to use their vessel as a place of abode in the estuarine area to register with the Department and pay a modest fee while accepting the requirement to not discharge waste from their vessel. It exempts those vessels owners who live aboard their vessel while in an eligible facility (marina with waste pump-out equipment) from registering or paying the fee. HB 201 also reinforced the department’s ability to establish anchorages in the estuarine area and to prohibit areas where overnight anchoring may occur.

Ted

O C Diver said:

I think we are interpreting this wrong.
If you read the background from the linked notice, they seem to clearly be going after the derelict liveaboards.


Background:

Live-aboard vessel owners who do not operate their vessel according to existing law remain a consistent point of contention for coastal residents. Numerous, frequent complaints are fielded by DNR regarding vessels anchored in the estuarine area that are proving to be public nuisances as well as health hazards because of waste discharge. HB201, which becomes effective January 1, 2020, streamlined requirements for living on a vessel while providing a more enforceable code.

Current live-aboard vessel law resides in the Coastal Marshlands Protection Act (CMPA, 12-5-280 et. seq.), which is enforced primarily through civil penalty. As vessels, live-aboards are more appropriately regulated via Title 52, Chapter 7 (Registration, Operation, and Sale of Watercraft) where a violation would carry a criminal penalty. In addition to removing live-aboard vessels from the CMPA, HB201 transferred their oversight to Title 52 and directs the Board to create an anchorage permit which would reside with boating regulations, 391-4-5. HB201 also allows vessel owners who use eligible facilities (marinas with waste pump-out services) to live-aboard their vessel with no further interaction with the department.

Current law requires registration with the Department and doesn’t allow a live-aboard outside of an eligible marina. HB201 provides opportunity for those who wish to use their vessel as a place of abode in the estuarine area to register with the Department and pay a modest fee while accepting the requirement to not discharge waste from their vessel. It exempts those vessels owners who live aboard their vessel while in an eligible facility (marina with waste pump-out equipment) from registering or paying the fee. HB 201 also reinforced the department’s ability to establish anchorages in the estuarine area and to prohibit areas where overnight anchoring may occur.

Ted

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Ted, there are many laws with good intentions, when poorly written end up with broader or different impact than the intent.

The road to hell is paved with good intentions.

Mikala said:

Creating and maintaining a log with pump out date and location seems pretty simple. Lying about it would require more energy. Are you going to assemble a collection of different colored pens? Perhaps soil the log paper to make it look authentic?

Click to expand...

Did you mean "could" I assemble...

menzies said:

Did you mean "could" I assemble...

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Nope. I meant you advocated lying and gun decking. What does that say about the integrity of your maintenance logs?

Mikala said:

Nope. I meant you advocated lying and gun decking. What does that say about the integrity of your maintenance logs?

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Talk about a lack of sense of humor.

psneeld said:

...the law may conflict with Federal navigation regs.

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This was my first thought.

Have a breakdown every night just about cocktail hour
Keep a fishing line in the water while you sleep

Mikala said:

Creating and maintaining a log with pump out date and location seems pretty simple. Lying about it would require more energy. Are you going to assemble a collection of different colored pens? Perhaps soil the log paper to make it look authentic?

Click to expand...

Excel spreadsheet
I can put you one together in about 30 seconds just let me know which direction you are coming from.

Are you going to check those marinas for whether their pumpouts were working on the random days you pick in 30 seconds?

menzies said:

Ted, there are many laws with good intentions, when poorly written end up with broader or different impact than the intent.

The road to hell is paved with good intentions.

Click to expand...

I absolutely agree with you. However, considering the amount of area and the limited resources of the Georgia marine police / DNR, its unenforceable for one night transient boaters. USCG certainly aren't going to help them enforce it.

Ted

Mikala said:

Nope. I meant you advocated lying and gun decking. What does that say about the integrity of your maintenance logs?

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Nope, read my post again.

And I would NEVER include pump outs in any maintenance log.

psneeld said:

Are you going to check those marinas for whether their pumpouts were working on the random days you pick in 30 seconds?

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Pick a marina in SC or NE FL (depending on direction). Or if nice weather outside the three mile line.

Law does not stipulate you have to pump out in GA.

The point I am making is that this seems to be totally unenforceable on transients.

Now, it could make liveaboards ensure that their boat is kept in good enough condition that it can be moved by motor or sail to a pump out location. However how do they disprove that a boat anchored off Cumberland didn't nip across to Fernandina (when it is back) and pump out, or nip outside the inlet right there and macerate overboard if that is in their log.

I was responding to the 30 second spreadsheet post.


This is like the similar law in NC ( for years now that many boaters don't know of) ....but it is really an unenforceable issue unless they want to make an example of someone by running down a lot of loopholes....easier for resident anchorers, less so for transients.


The anchoring part is totally enforceable, pumpout logging, not so much except if you gin up a false log.

Ted...I wonder with the new law whether it will generate more patrols....and what fines there may be as a form of revenue.

menzies said:

Pick a marina in SC or NE FL (depending on direction). Or if nice weather outside the three mile line.

Law does not stipulate you have to pump out in GA.

The point I am making is that this seems to be totally unenforceable on transients.

Now, it could make liveaboards ensure that their boat is kept in good enough condition that it can be moved by motor or sail to a pump out location. However how do they disprove that a boat anchored off Cumberland didn't nip across to Fernandina (when it is back) and pump out, or nip outside the inlet right there and macerate overboard if that is in their log.

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I agree, there seems to be no requirement for a transiting vessel to pumpout in Georgia. So the simple response to the DNR cop is,"I haven't started a log as I haven't pumped my holding tank in your state yet".

Ted

psneeld said:

Ted...I wonder with the new law whether it will generate more patrols....and what fines there may be as a form of revenue.

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I really doubt the state of Georgia is going to switch enforcement people to night work or add more employees to fund this. Secondly, where many of us anchor isn't remotely near DNR patrol docks, so the time spent to revenue generated isn't going to add up. I see this as a law to go after either snowbirds or locals living for an extended time in the same place and clearly not moving to pump their holding tanks.

Ted