Anchor Wars come to Georgia

[Hippocampus]

Believe international maritime law allows the captain to do what ever is necessary and generally accepted as prudent to maintain the safety of vessel and crew. Would think beyond mechanical failures one could state crew sleep deprivation as a reason to anchor and sleep. Would think international law would supersede local. Would think as long as you weren’t a local this would be an adequate defense.

 

[micksbuddy]

Believe international maritime law allows the captain to do what ever is necessary and generally accepted as prudent to maintain the safety of vessel and crew. Would think beyond mechanical failures one could state crew sleep deprivation as a reason to anchor and sleep. Would think international law would supersede local. Would think as long as you weren’t a local this would be an adequate defense.

Even if this, or recording your lat/long, is a valid defense, assuming the majority of TFers would be transients passing through, how many of you would be willing to go to the trouble of returning to the jurisdiction to contest the ticket on your court date? Not many I suspect. So the key determinant in whether this will significantly impact cruisers passing through Georgia will likely be the level of enforcement.

 

[menzies]

And size of fine!

 

[OldDan1943]

And size of fine!

And if you are expected somewhere else.

 

[Hippocampus]

Perhaps one of the boating associations would be willing to engage in a class action suit. We’ve stopped in countries without clearing. Local enforcement told us as long as we didn’t get off the boat or go to any dock (fuel/water etc.) and left within the day no action would be taken. The USA is a signatory so that should supersede Georgia. Any one who paid fines could join the suit and document particulars to counsel. No reason for all plaintiffs to be present at hearing.

 

[oscar]

Will all the self anointed forum lawyers chip in and pay my fine if I get one?

 

[menzies]

We are anchoring off Cumberland on Saturday. There are two GA water LEOs (don't even know their department name equivalent to FWC, DNR?) who are based at the Dunedin Dock that we have chatted to before. They run out to support when subs come in. If they are there on Sat I may ask them what they think.

 

[slowgoesit]

Interesting that the GA map that DNR published has the attached disclaimer.
It appears to be just for "reference", so therefore, legally worthless. So, at this point, there doesn't appear to be a legal map for law enforcement purposes . . . . or for a cruiser to determine whether they are in compliance or not.

 

[OldDan1943]

Interesting that the GA map that DNR published has the attached disclaimer.
It appears to be just for "reference", so therefore, legally worthless. So, at this point, there doesn't appear to be a legal map for law enforcement purposes . . . . or for a cruiser to determine whether they are in compliance or not.

Fat lot of good their maps and charts are.

 

[GB361994]

Sorry Officer We Just Broke down and declaring safe harbor!!

Something is caught in our wheel and diver will be out in the AM. Then I Am off to the next spot the next day. I don't thing he would jump overboard to check my story?? That's my plan, Any other ideas????

 

[OldDan1943]

Let's see what the diver says.
Could be a line caught in it and no further damage.

 

[OldDan1943]

DNR has the power to administratively expand the no-anchor zones and DNR will do this without notice.
Watch your butt.

 

[arisatx]

Georgia Rep Ron Stephens contacted James H. Newsome (as a representation of the boating coalition group) this afternoon and stated that he and the Commissioner have talked about our concerns with the maps showing the overbearing shellfish lease areas, and that DNR will make an internal rule change to address the problems we have pointed out.
DNR and Rep. Stephens will introduce legislative changes in the next session of the General Assembly to permanently correct the problem.
No timeline was given on how long the rule change will take. James asked if the map could be removed while we await the revised rules. Rep. Stephens contacted the Commissioner and was told that the map must stay up for now, but there will be no enforcement of anchoring violations in these areas. We assume this to mean other than the setbacks as defined in HB833 (150' private docks, 300' commercial marinas, & 500' shellfish harvesting areas).
While this is welcome relief for boaters and cruisers, and we are hopeful for a quick rule change and resolution to this problem, we must also caution boaters that they should obey the directive of any local DNR Law Enforcement officer if approached while anchoring in one of these areas as defined by the map on DNR's website.
We have seen instances in the past where information about recent directives has not trickled down to the local level. If necessary, read this information to the officer, but follow his/her instructions. And then please contact Ted Arisaka, Kim Russo, or James H. Newsome afterwards. We will forward your information to our contacts at Georgia DNR.

 

[menzies]

We decided to tie up at Kilkenny rather than anchor in Walburg tonight.

Punched a strong current all the way up too!

 

[DCDC]

Not sure if it’s OK to copy from other forums but this was posted yesterday on the AGLCA site. They have organized efforts to change the ordinance.

“We have an update for you. Rep. Ron Stephens contacted James H. Newsome (as a representation of the boating coalition group) this afternoon and stated that he and the Commissioner have talked about our concerns with the maps showing the overbearing shellfish lease areas, and that DNR will make an internal rule change to address the problems we have pointed out.

DNR and Rep. Stephens will introduce legislative changes in the next session of the General Assembly to permanently correct the problem.

No timeline was given on how long the rule change will take. James asked if the map could be removed while we await the revised rules. Rep. Stephens contacted the Commissioner and was told that the map must stay up for now, but there will be no enforcement of anchoring violations in these areas. We assume this to mean other than the setbacks as defined in HB833 (150' private docks, 300' commercial marinas, & 500' shellfish harvesting areas).

While this is welcome relief for boaters and cruisers, and we are hopeful for a quick rule change and resolution to this problem, we must also caution boaters that they should obey the directive of any local DNR Law Enforcement officer if approached while anchoring in one of these areas as defined by the map on DNR's website.

We have seen instances in the past where information about recent directives has not trickled down to the local level. If necessary, read this information to the officer, but follow his/her instructions. And then please contact Ted Arisaka, Kim Russo, or James H. Newsome afterwards. We will forward your information to our contacts at DNR.”

 

[High Wire]

Could the rule require posted signs? An interactive Internet map determines where you can anchor? Thats easy from a land based office in a town. It ain't easy calling up an internet map in the middle of the Georgia tidal marsh 10 miles from nowhere.
Think about if a city decided to move all parking signs to the internet and you had to lookup anywhere you wanted to park online (with poor or non-existent cell coverage) first on a non-standard interactive map or risk getting towed away. Torches and pitchforks time at city hall.

 

[menzies]

Not sure if it’s OK to copy from other forums but this was posted yesterday on the AGLCA site. They have organized efforts to change the ordinance.

“We have an update for you. Rep. Ron Stephens contacted James H. Newsome (as a representation of the boating coalition group) this afternoon and stated that he and the Commissioner have talked about our concerns with the maps showing the overbearing shellfish lease areas, and that DNR will make an internal rule change to address the problems we have pointed out.

DNR and Rep. Stephens will introduce legislative changes in the next session of the General Assembly to permanently correct the problem.

No timeline was given on how long the rule change will take. James asked if the map could be removed while we await the revised rules. Rep. Stephens contacted the Commissioner and was told that the map must stay up for now, but there will be no enforcement of anchoring violations in these areas. We assume this to mean other than the setbacks as defined in HB833 (150' private docks, 300' commercial marinas, & 500' shellfish harvesting areas).

While this is welcome relief for boaters and cruisers, and we are hopeful for a quick rule change and resolution to this problem, we must also caution boaters that they should obey the directive of any local DNR Law Enforcement officer if approached while anchoring in one of these areas as defined by the map on DNR's website.

We have seen instances in the past where information about recent directives has not trickled down to the local level. If necessary, read this information to the officer, but follow his/her instructions. And then please contact Ted Arisaka, Kim Russo, or James H. Newsome afterwards. We will forward your information to our contacts at DNR.”

Was already posted two posts before you.