Anchoring restrictions introduced in Florida bill

[Captain Bill]

Originally Posted by rwidman

There are many places along or near the AICW where anchoring is prohibited. Annapolis, MD (OK, not on the ICW) has placed rental mooring balls in most of the water surrounding the city and prohibits anchoring. Beaufort, SC is another.

In federally recognized ports of which Annapolis is one can have special restrictions within the confines of the port. These regulations are enforced for safety of vessels navigating within the confines of the port and are controlled by a Captain of the Port or Harbor Master. They cannot enforce restrictions outside of the limits of the port/harbor. Many towns in New England were formed around ports or harbors and it is common to have a harbor master. In Florida you would not find many official ports or harbors with harbor masters except in large commercial ports such as Miami, Jacksonville, Port Canaveral or Tampa. I have no issues with anchoring restrictions in active ports. You really cannot have people anchoring boats in the middle of a fairway or turning basin. Outside of those ports anchoring is not restricted. I've anchored many times just outside of harbors in New England and never had a problem with anyone getting on my case.

[Captain Bill]

Originally Posted by hellosailor

Bottom rights, which include anchoring and mooring rights, are totally separate from navigation rights and the right of passage under US state and federal law.


If you didn't know that, didn't understand it, and don't know the history behind it, then you might as well give up now, because you'll never grasp the reason that Florida can discuss anchoring restrictions in navigable waters.


That's like confusing prostitution with obstetrics, because they both involve the same locations.

Mooring rights are different than anchoring rights. You need a permit to put a mooring in the bottom. You don't need a permit to drop an anchor. The right to anchor has been declared an inherent part of navigation by the US Supreme Court. Putting a Mooring in the bottom has not been declared an inherent part of Navigation by the US Supreme Court. It seems to me you are conflating mooring rights with anchoring rights. They are not the same.

[svfinlandia]

THANK YOU JERRY PAUL!
Thanks to Jerry and Capitol Access, SSCA, BoatUS, and Floridians who have contacted their representatives, progress is being made. "Eyes are being opened. Legislative members are being won over. They are swinging our way.
I think that this has mostly been covered in above posts, but you can see the most recent on this issue at:
http://www.waterwayguide.com/latest-news/news/4886/pushing-back-against-proposed-anchoring-laws-in-florida?utm_source=iContact&utm_medium=email&utm_c ampaign=News-and-Navigation-Blasts&utm_content=CWU-3-19-2015-final

Al, S/V Finlandia

[hellosailor]

Perhaps Florida boaters need to show their environmental concern by lobbying for some pro-environmental legislation. Personally, I think algae blooms, oxygen depletion, and water pollution could all be significantly reduced by banning the use of all lawn fertilizers and treatments containing any nitrogen or phosphorus, within 100 yards of any public waterway, or any source that drained into such a public waterway.


You want no boats? I'll trade you, no green lawns. And that just for a starting point.


Next, no breakwaters or seawalls, because they interfere with the natural progression of shoreline habitats and reflect excess energy back into the waterway. No private docks, because they leach toxins and alter the local ecology by encouraging different marine growth, and blocking critical sunlight from entering the water.


The best defense is a good offense.

[svfinlandia]

Good idea thankyousailor. I'll vote for that.

Al, S/V Finlandia

[Group9]

Good points. Has anyone ever seen a sailboat, no matter how old or ugly, that messed up the shoreline as bad as a condo does?

[rwidman]

Originally Posted by Group9

Good points. Has anyone ever seen a sailboat, no matter how old or ugly, that messed up the shoreline as bad as a condo does?

I would say these might:

[PrivateerAnthem]

As an attorney, lobbyist and former member of the Florida Legislature, I can tell you that SSCA has been leading the charge on pro-cruiser positions relative to this bill in this pending Legislative Session. The group has been very effective.

Jerry Paul

[hellosailor]

"You don't need a permit to drop an anchor."
You've never spent time in Southampton (village) LI, NY have you? Or Oyster Bay?


During WW2 the US government auctioned off bottom rights to raise money for liberty bonds. As a result, thou shalt not go clamming, anchoring, or setting a mooring on what are now privately (village owned) underwater lands.


In addition, if you look at a chart showing Manhattan Island, you will see a "bulkhead line" around the island. Drop your anchor inside of that line, and you are trespassing and subject to arrest and prosecution. Everything inside the line was legally SOLD and belongs to an owner. You can sail over it, if you're not obstructing anything, but unless you're on fire, don't even think about anchoring there. And if you are on fire? It might cost you less to have your wreck removed from the waters outside of the bulkhead line. You'll be dealing with an upset bureaucracy, instead of a private party.


One nation, yes. One set of laws? No, not at all.

[Group9]

Originally Posted by rwidman

I would say these might:

All it takes to fix that is a tow rope. How do you fix this?





When is the last time you saw a sailboat bulldoze down mangroves?


http://www.heraldtribune.com/article...ICLE/140229773



You have got to be real estate broker. Convince me I'm wrong.

[soverel]

Originally Posted by Group9

All it takes to fix that is a tow rope. How do you fix this?





When is the last time you saw a sailboat bulldoze down mangroves?


http://www.heraldtribune.com/article...ICLE/140229773



You have got to be real estate broker. Convince me I'm wrong.

Hurricanes.. Not necessarily a bad thing.

Sent from my HUAWEI-M931 using Cruisers Sailing Forum mobile app

[rwidman]

Originally Posted by Group9

All it takes to fix that is a tow rope. How do you fix this? .

I can't legally tow those boats away (there are five now, three floating and two in the marsh), it would be stealing and besides, what would I do with them?

As far as "fixing" the condo, buy one. Sit at the window and look out over the water.

Seriously, that's someone's property and who are you (or anyone) to tell them what to do with it. If you owned that land I'll bet you would build on it. There are plenty of places without buildings.

[hellosailor]

Geologically speaking, a mangrove swamp (mangrove stand, whatever) is a transient feature. As the trees grow, silt, dead vegetation and whatever will fill in and build up new solid land and the mangroves will either move further seaward or more likely just die out. If they don't do that, rising sea levels will flood them out and they'll die.


Either way they are transient.










Folks who try to freeze the world in a moment of time when the world is constantly and normally in a process of change? What's the saying about something not PG-13 in the wind? Now whether condo towers was a good idea, that's another discussion entirely. Mangroves won't make it as long as Joshua Pines do.

[Group9]

Originally Posted by rwidman

I can't legally tow those boats away (there are five now, three floating and two in the marsh), it would be stealing and besides, what would I do with them?

As far as "fixing" the condo, buy one. Sit at the window and look out over the water.

Seriously, that's someone's property and who are you (or anyone) to tell them what to do with it. If you owned that land I'll bet you would build on it. There are plenty of places without buildings.

I nailed it, didn't I? You're one of the guys behind this legislation aren't you? You're here trying to tamp down dissent, right? How's that working out for you? I hear your legislation isn't even going to make it out of committee. Gather up some more bribe money and try again next year.

But, please, quit trying to pretend you are one of us. It's pathetic and sad.

[sailorboy1]

Originally Posted by PrivateerAnthem

As an attorney, lobbyist and former member of the Florida Legislature, I can tell you that SSCA has been leading the charge on pro-cruiser positions relative to this bill in this pending Legislative Session. The group has been very effective.

Jerry Paul

I would be interested in hearing what your opinion/feelings are far as the weight of out of state boaters wishes on Florida boating related issues the Florida Legislature considers.