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Old 02-08-2014, 22:36   #1
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US Coast Guard Preemption

We've missed something important and have to correct our omission.

2014 year Archive of Maritime Reporter magazine and click on 'Cruise Shipping Edition' and carefully read the article 'Preemption' on page 16.

It says the Coast Guard intends to reassert its preemptive position to superintend maritime affairs and navigation in the face of interference by the US states. They were looking for supportive comments between December 27 2013 and March 27 2014.

We've seen in another thread how the Coast Guard takes constructive comments very seriously and can use them to their advantage. This is our opportunity to move the chickenpoop states like Florida off our waters. For example, the states pronounce that the Demarcation Line defines their jurisdiction, that everything inside the Demarcation Line is state water. But the line does no such thing. The Demarcation Line tells mariners that they're entering waters that have inland waters markers as well as navigation buoys. The states have NO navigable waters. The states can come down to the edge of grass.

We want the Coast Guard to have exclusive jurisdiction of our navigable waters. They're extremely receptive and need our strong comments. To do this, we need to reopen the window for comments and give them the information they need in spades, telling them firmly and clearly why they are to take over exclusive jurisdiction of (our) navigable waters.

Note that policing by the Coast Guard and Auxiliary may be firmer in some ways than policing by states.
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Old 03-08-2014, 05:15   #2
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Re: US Coast Guard preemption

So you feel the Federal government and not the State is an answer. Let me know how that works out


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Old 03-08-2014, 06:29   #3
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Re: US Coast Guard Preemption

Seymore, Thanks for this information. Government "bashing" is a long tradition in the US and, while I understand Sailorboy1's concern, the Federal Government has a history of greater protection for the freedom of navigation compared to the interests of the States.
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Old 03-08-2014, 13:09   #4
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Re: US Coast Guard preemption

[QUOTE=sailorboy1;1598342]So you feel the Federal government and not the State is an answer. Let me know how that works out


No, not at all, and Sailorboy1 demonstrates and repeats the point beautifully. We should operate under the umbrella of Admiralty Law and the Common Law of the Sea, and not civil law.

Admiralty law is clearly structured and rational, much more so than the murderous circular hodgepodge that is civil law.
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Old 03-08-2014, 13:37   #5
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Re: US Coast Guard Preemption

Certain things it just makes more sense to have a common set of rules.

The multitude of rules now imposed on sailors, depending on which jurisdiction they are in or from, make things confusing at best, and potentially dangerous at worse.

The USCG has the respect of almost all sailors, whether they are American citizens or not. Lessor jurisdictions? Not so much so.
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Old 03-08-2014, 13:42   #6
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Re: US Coast Guard Preemption

Unfortunately, it looks like the comment period has expired... back in March of this year.

Good information nevertheless.
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Old 03-08-2014, 14:51   #7
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Re: US Coast Guard Preemption

I don't feel there is any doubt who is in charge of the Navigational Rules of the waterways.

But that doesn't mean the State and Local governments shouldn't have a say in the rest of the issues involved in the waterways in their communities.
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Old 03-08-2014, 15:23   #8
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Re: US Coast Guard Preemption

I don't know how anchoring rules could be enforced. My ability to anchor in a reasonable place when I am too tired to continue, or to ensure the safety of my crew and my vessel, should trump all state and federal laws. I, as master of my vessel, determine when I and the crew are [mentally and physically] rested and prepared to continue our voyage.
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Old 03-08-2014, 15:41   #9
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Re: US Coast Guard Preemption

Quote:
I, as master of my vessel, determine when I and the crew are [mentally and physically] rested and prepared to continue our voyage.
Yes, tell that to the angry cop pounding on your hull...
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Old 03-08-2014, 16:44   #10
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Re: US Coast Guard Preemption

Quote:
Originally Posted by sailorboy1 View Post
I don't feel there is any doubt who is in charge of the Navigational Rules of the waterways.

But that doesn't mean the State and Local governments shouldn't have a say in the rest of the issues involved in the waterways in their communities.
Having a say doesn't mean unreasonable restriction of US navigable waterways which already has the pretty good stewardship in charge of them ...the USCG.
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Old 03-08-2014, 17:08   #11
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Re: US Coast Guard Preemption

The FWC keeps a few boats in my Marina, you know the Center console with the two or three Yamaha's. I asked how much fuel they used as they buy their fuel there at the Marina, He said they always burn in excess of a 100gl a day, each.
There is a large Cutter sized FWC boat with a stern that allows a BIG RIB to be launched and recovered from the Cutter at speed.
This waterway thing apparently is a big revenue stream for the State of Fl, they aren't giving that up.
When I went through Miami, the Sheriff was running around in a big RIB, with triple 300 HP Merc Verados. Think he's going to give up a toy like that? Full tilt he's burning about 40 gl an hour each motor, so $500 an hour in fuel, where is that kind of money coming from?
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Old 03-08-2014, 17:32   #12
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Re: US Coast Guard Preemption

just drifting along looking for a rant ,,,,,, I mean raft
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Old 03-08-2014, 17:46   #13
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Re: US Coast Guard Preemption

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Originally Posted by a64pilot View Post
The FWC keeps a few boats in my Marina, you know the Center console with the two or three Yamaha's. I asked how much fuel they used as they buy their fuel there at the Marina, He said they always burn in excess of a 100gl a day, each.
There is a large Cutter sized FWC boat with a stern that allows a BIG RIB to be launched and recovered from the Cutter at speed.
This waterway thing apparently is a big revenue stream for the State of Fl, they aren't giving that up.
When I went through Miami, the Sheriff was running around in a big RIB, with triple 300 HP Merc Verados. Think he's going to give up a toy like that? Full tilt he's burning about 40 gl an hour each motor, so $500 an hour in fuel, where is that kind of money coming from?
There was a pretty good flow of homeland security money to state and local agencies that dovetailed...

But that wouldn't dry up just because of curbing states ability to fool with jurisdiction on federally controlled navigable waterways...in fact just the opposite...play nice or you WILL be cut off.
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Old 03-08-2014, 17:51   #14
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Re: US Coast Guard Preemption

Here you go, 85' and 31 kts, used to give out fishing tickets? Based in Carrabelle, that's where I saw it
http://www.derecktor.com/2010/08/10/...o-the-fwc-810/
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