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Old 11-12-2008, 22:13   #61
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If these unlawful attempts are not challenged in some fashion we will all, in our lifetimes, witness the total control of all boating activities by those who do unite against us in mass. We can look forward to no anchoring anywhere on any coast without paying through the nose and being forced into marinas or mooring fields for $150.00 per night or so. Next they will continue to attempt to prohibit any live aboard any where. They will not stop until stopped!

We need to speak out in mass through cruising publications, boat US and forums such as this one. The opposition follows forum post through spies. We need to force a court test in the Federal System for harassment by state and local authorities. I feel certain that is coming in the near future, and that the free law of the sea will prevail.

Sorry for the soap box, freedom is a passionate issue for me.
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Old 12-12-2008, 09:12   #62
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I don't think you read my last post...congress gave away a lot of authority to the states a long time ago. It's done.
Follow the link I posted and read through that dissertation. There is a lot of info there on the totality of where we are.
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Old 12-12-2008, 10:13   #63
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Wiggle room

Well... there's all kinds of potential arguments, Gettinthere. For example, while Congress may have handed authority to the states regarding the land, they also ratified SOLAS and other international treaties regarding navigable waters which also cover anchoring.

But, you're right. For all intents and purposes a US vessel's anchoring is under the authority of the states, which may or may not have passed that on down to the municipalities.
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Old 12-12-2008, 10:21   #64
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i think we should all take runner's attitude and mount 50 calibers on the deck and when the water patrol heads near us just blow him out of the water. That will teach them who has authority and I am sure after doing that a few times they most certainly will leave us alone
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Old 12-12-2008, 10:24   #65
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Yes I read it in detail. You should read the entire record of those who have won their cases recently in Florida. One in Stuart and one in Marco Island. Each time we win one they modify the law just a little. That is harrassment! If this was etched in stone, we would win none. We can have influence over time.

We can either fight, boycot, or roll over and play dead. Florida needs cruisers, we spend money, land tourism is down, they will listen to reason when revenue falls in those towns where the laws are too strong.

It is not just Florida, it is coming to a town near you!
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Old 12-12-2008, 13:11   #66
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"The right to navigate, moor or anchor a vessel has never been recognized as
a “fundamental right”. Restrictions on the exercise of that right will therefore be upheld if there is any rational basis for them See Murphy v. Department of Natural Resources, 837 F. Supp. 1217, 1220-21 (S.D.
Fla. 1993)"

"Congress’ goal in passing the SLA was to
decentralize management of coastal areas and foster greater local control to better meet the needs
of the state and boaters.26 Congress stated that because management of submerged lands is directly
tied to local activities, “any conflict of interest arising from the use of the submerged lands should

be and can best be solved by local authorities"


The reason I post this info is to make the point this is no longer a federal issue. The federal government has ceded control of this issue to the states. So this is an issue to be taken up with the state of Florida. Some folks keep saying the state is overstepping it's bounds and this needs to go to the US Supreme Court. You'd never get out of Florida state courts. Federal courts would deny appeals.
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