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**sailorchic34** · 29-12-2013, 09:25

California boaters this year (for 2014) are required to pay a fee for Zebra mussels. This is $16 which is not that much. But its added tax and I am not fond of taxes. There is an exemption for boats operating in marine waters only. Though what is exactly marine waters is a little fuzzy.

So being somewhat engineerish I went looking for the codes that defined the exemption and the definition of marine waters

The exemption to the new fee is part of Assembly Bill 2443, listed in chapter 485, article 1.3, section 675. a.3 (e). which reads as follows: (e)*The fee established by this section shall not apply to vessels that are used exclusively in marine waters.

Now the definition of marine waters (which is a legal term) is listed under california resource code 72410 which defines marine waters as follows:

California resourse code 72410
(g) "Marine waters of the state" means waters within the area
bounded by the mean high tide line to the three-mile state waters
limit, from the Oregon border to the Mexican border.

In laymans terms any body of water with tidal flow is marine waters out to the 3 mile limit. For northern California this includes parts of the California delta, which are tidal.

Hopefully this clears up what exactly is marina waters and if you can claim an exemption, for those paying their taxes this week or next.

To claim the exemption, just check the marine waters only box on the DMV registration Bill and deduct $16 from the bill. Oddly enough even the fine folks at the DMV were not clear on how someone was to claim the exemption. Least the one I went too.

edit:

Oh here is a link to a ca dot PDF with a graphic defining mean high water line / limit. This is for surveyors, but has a nice sketch of limits to high water. http://www.dot.ca.gov/hq/row/landsur...orkbook/14.pdf

And a link to AB2443
http://leginfo.legislature.ca.gov/fa...c4035cace3e6ee

and a link to Ca legal definitions:
http://www.leginfo.ca.gov/cgi-bin/di...000&file=72410

**HappyMdRSailor** · 29-12-2013, 09:34

So SC....

If I read the definition.... You are limited to sailing inside the 3 mile line.... That's going to make it tricky to dump the tank....

**sailorchic34** · 29-12-2013, 09:46

Quote:

Originally Posted by HappyMdRSailor

So SC....

If I read the definition.... You are limited to sailing inside the 3 mile line.... That's going to make it tricky to dump the tank....

I'm not THAT blonde....I think

OK OK, I did note the difference between state marine waters and federal marine waters :-P

Actually the fine folks at the DMV and administrators of the program (tax) are somewhat unclear what marine waters mean and where they are located. Some seem to think that marine waters are waters of the pacific and that the SF bay is not exempt from the fee/tax. Others say up to Suisun bay is the limit of marine waters. Silly me I wanted to see what the legal definition of marine waters were, and I found it. Seems pretty clear to me. I'm sure I'm going to be discussing this with the coasties and fish and game folks sometime this year.

**HappyMdRSailor** · 29-12-2013, 10:21

Quote:

Originally Posted by sailorchic34

I'm not THAT blonde....I think

OK OK, I did note the difference between state marine waters and federal marine waters :-P

Actually the fine folks at the DMV and administrators of the program (tax) are somewhat unclear what marine waters mean and where they are located. Some seem to think that marine waters are waters of the pacific and that the SF bay is not exempt from the fee/tax. Others say up to Suisun bay is the limit of marine waters. Silly me I wanted to see what the legal definition of marine waters were, and I found it. Seems pretty clear to me. I'm sure I'm going to be discussing this with the coasties and fish and game folks sometime this year.

I thought that would get a response like it did!

One would think that any navigable water from sea are exempt from said fee.... I think what they are trying to do is recoup the money it takes to inspect, and if needed decontaminate a boat at the inland lake ramps...

Last time I needed this mandatory service (at Powell) there was no fee... Of course ist would make more sense charging for the actial resources it takes for the inspections and decontam's.... BUT....

As you know... Logic is devoid in the golden state bureaucratic system....

PS: I will be your staunchest ally should they start regulation of engine colors....