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    • Commentary on GA HB 201 Anchoring Restrictions by Ted Arisaka

      Ted Arisaka and members of Save Georgia’s Anchorages continue their campaign to remove the restrictive measures included in House Bill 201. Type HB 201 or Save Georgia’s Anchorages in our Homepage Search window for more background on this restrictive legislation.

      Larry:
      FYI here is my letter to Gov Kemp, DNR, and Rep Don Hogan (bill sponsor) on HB 201.
      I commented on 4 aspects of these regs.
      Regards,
      Ted

      Click here for GA HB201 Commentary 2020 01 27

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    • More Updates: 2020 Florida Anchoring Restrictions – CALL TO ACTION by Kim Russo

      Our thanks to Kim Russo of America’s Great Loop Cruisers Association for this urgent plea for support of anchoring rights in Florida. And thanks to Tom Hale for his sample letter to legislators.

      Cruisers Net joins AGLCA in a CALL TO ACTION. The issue of anchoring rights has been a battle with Florida’s Legislature for years. Enter “anchoring rights” in our Homepage Search Window for background on past anti-anchoring legislation in Florida and write to the officials listed below.

      1/26/20
      The resolution voted on at the Jacksonville Water Commission meeting has been released. It will go a long way towards fighting the bill at the state capitol that would band overnight anchoring in the Ortega River. The resolution is attached and I couldn’t have supported our position better if I wrote the resolution myself!

      Another thank you goes out to the AGLCA members and the others from the boating community who attended the meeting and managed to change the minds of those on the Commission. Without them, this resolution would have been in support of the bill instead of against it!

      Kim Russo
      Director
      America’s Great Loop Cruisers’ Association

      1/16/20
      An enormous thank you to all the boaters, and especially to the AGLCA members, who attended the Jacksonville Water Commission meeting today. The Commission passed a resolution by a vote of 9-1 to oppose SB 606/HB 417! This is huge, because the sponsor of SB 606 is from the Jacksonville area.

      According to the accounts of the meeting I’ve received, the Commission agreed that the issue is derelict boats and will recommend in their resolution that there be effective enforcement of derelict boats rules, a budget to accomplish this, and authority for local agencies to enforce them.

      The Jacksonville Water Commission’s opposition to the bills will be very helpful in fighting then in Tallahassee. We have made a difference!

      Again, many thanks to those who attended, and to Daneen Reed and Ron Beckstrom for reaching out to me after the meeting!

      Kim Russo
      Director
      America’s Great Loop Cruisers’ Association

      1/13/20
      We are still in need of three things from Loopers (and other boaters you know) to help curtail the assault on overnight anchoring in Florida:

      1) We need boaters to email and call the members of the Senate Environmental and Natural Resources Committee before 3:00 p.m. on Monday, January 13th when the bill to eliminate overnight anchoring in several places has its first hearing. The links below lead to the members’ webpages. Each has a button to email the Senator and a phone number. Please email me to let me know if you have done this. I’d like to get a handle on how many have participated.

      Senator Bill Montford (D) – Chair

      Senator Ben Albritton (R) – Vice Chair

      Senator Lori Berman (D)

      Senator Debbie Mayfield (R)

      Senator Tom A. Wright (R)

      2) If we have anyone in the Tallahassee area, we are asking you to attend the committee hearing on January 13th at 3:30 p.m. It would be important to have a strong showing of support early in this process. If you can attend, please email or call so I can put you in touch with our lobbyist to coordinate our efforts.

      3) We are still seeking boaters to attend the Jacksonville Water Commission meeting January 15th at 9:30 a.m. at City Hall, 117 W. Duval Street (Council Chambers). Jacksonville is the origin of the current bill, and showing our opposition at the meeting will be helpful. Please let me know if you plan to attend this meeting.

      The key message to get across in all three types of contact we’re requesting is that passing SB 606 punishes all boaters by taking away their freedom to anchor because of the actions of a few who are in violation of existing laws. Laws are already in place to prevent littering, sewage discharge, and derelict vessels. Those should be enforced before new laws are passed.

      Thank you for your help!

      -Kim

      Kim Russo
      Director
      America’s Great Loop Cruisers’ Association

      1/11/20

      As has been an unfortunate tradition the last few years, and as we expected this year, we once again need to fight off municipalities trying to add themselves to the existing carve-outs in Florida where overnight anchoring is prohibited.

      The ability to regulate anchoring in Florida is reserved for the state legislature.  In 2016, a bill passed carving out a few waterways in South Florida as anchoring limitation areas.  These “carve outs” are listed in section 327.4108 of the Florida Statutes. Since then, each year, municipalities (through their state legislative delegation) try to file and pass a bill to add themselves to this list.  This year, the first to step up to the plate is the Jacksonville area.

      A bill has been filed to prohibit overnight anchoring in the Ortega River and the Cedar River in Duval County.  The bill is attached and is scheduled for its first committee hearing on Monday, January 13th.  We need members to email and call the members of the Senate Environmental & Natural Resources Committee in advance of that hearing to share their thoughts on this bill.  The committee members are listed below.  Their names are linked to their webpage, which lists their phone numbers and each has a button to email the Senator.

      Senator Bill Montford (D) – Chair

      Senator Ben Albritton (R) – Vice Chair
      Senator Lori Berman (D)
      Senator Debbie Mayfield (R)
      Senator Tom A. Wright (R)

      Please be respectful, professional, and succinct in sharing your thoughts.  Following are a few bullet points that you may want to consider for your comments if you agree with them.

      -The problem in Florida is not anchored boats, it’s abandoned and derelict vessels (ADVs)
      -The are already laws and regulations on the books to deal with ADVs.  The solution is enforcement, not additional laws
      -Responsible boaters are being prohibited from anchoring due to the actions of the few who abandon their boats on our waterways or allow them to become derelict
      -Prohibiting anchoring hurts the local economy and the waterfront businesses.  Boaters will spend their money in areas where they feel welcomed.

      As you may know, AGLCA is working with a coalition that includes Marine Trawler Owners’ Association (MTOA), Defever Cruisers, and Seven Seas Cruising Association (SSCA) to fight these infringements of boaters’ rights.  We are still fundraising to cover this year’s costs for professional representation in Tallahassee.  AGLCA’s staff spends countless hours on our advocacy efforts, but we do not use general funds to support specific issues.  If you are concerned about the ability to anchor in Florida, please consider contributing.

      As always, please feel free to contact me with comments or questions.

      -Kim

      Kim Russo
      Director
      America’s Great Loop Cruisers’ Association

       

      1/12/20

      Here is the letter I sent to each of the named senators and congressmen. 

      I am writing today to comment on Senate Bill 606 (and its companion bill, House Bill 417) which seeks to add the Ortega River and the Cedar River to anchoring limitation areas where overnight anchoring is prohibited.  

      My wife and I are registered voters in Clay county.  We are avid boaters and full-time cruisers who spend the winter on the boat in Florida and  summer in New England.  We spend about 200 nights per year in marinas with an average stay of 5 nights.  The rest of the year we are at anchor or on a mooring where we stay on average 48 hours. In a typical year we stay at marinas in the Ortega River one or two times, going to and from Sanford FL.

      I have been actively boating since 1961. I am retired after spending my career in the marine industry designing, building and repairing boats.  I have operated boatyards and marinas in Massachusetts, Maryland and Virginia. I achieved my first USCG license in 1969. I have been actively boating since 1961.

      The Cedar River is so narrow that exiting FL law 327.4109 already prohibits anchoring there.  A 40′ boat on 5:1 scope requires 90 feet of scope based upon the NOAA chart depth in Cedar Creek. Including the boat length, this boat swings on a radius of 130 feet.  To stay 150 feet off the shore and docks requires (90+40+150=280) 280 feet  from the anchor point to docks and shore. Because the boat swings around the anchor point, a total radius of 560 feet is necessary  to anchor this boat in compliance with existing Florida statutes 327.4109. Cedar Creek is narrow enough that the existing Laws already prohibit anchoring, so for Cedar Creek, no new legislation is required. Cedar Creek  is an issue of enforcement of existing laws. 

      In Ortega River, on the other hand there are places which permit anchoring under state law. As a long time, cruiser, we choose our anchorage carefully based upon the expected weather . Between the John Mathews Bridge and Doctors Lake.  This is about 20 miles and  at our speed will take us about 2.5 hours.  We have anchored only once in the Ortega River.  It was late in the day and bad weather was expected.  We were very glad for the safety and protection we found in the Ortega River anchorage.  The next day we had a pump out at Ortega Landing,  and we were  gone. The existing 150-foot set back required by FL Statutes 327.4109 law creates a more than adequate passage  for other vessels to pass an anchored boat.

      I do not believe that transient boats anchoring for a few days in the Ortega River create any undue hazards and I see no justification for this change.  Based upon our experience  on the water and in Ortega River this new anchoring restriction is not necessary and existing  Florida laws  cover  every necessary eventuality.

      Respectfully

      Thomas Hale

      Tom Hale
      Tadhana
      Helmsman 38

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    • Jekyll Island, Georgia Is Where You Can Get a Taste of Gilded Age Glory


      Historic Jekyll Island is home to Jekyll Harbor Marina, A CRUISERS NET SPONSOR, lying along the easterly banks of the AICW passage through Jekyll Creek, immediately south of the 65-foot fixed bridge. See More Praise.

      Jekyll Island, Georgia Is Where You Can Get a Taste of Gilded Age Glory
      Yahoo Lifestyle

      Click Here To View the Cruisers’ Net’s Georgia Marina Directory Listing For Jekyll Harbor Marina

      Click Here To Open A Chart View Window, Zoomed To the Location of Jekyll Harbor Marina

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    • New Laws Impact GA Anchorages from Save Georgia’s Anchorages

      Our thanks to Ted Arisaka for sharing this work that Save Georgia’s Anchorages is doing on boaters’ behalf. See New Boating Laws.

      We’ve been busy today here at SGA inventorying “all” the anchorages in Georgia and assessing the impact of HB 201. Previously we published map overlays on some of the more popular anchorages, but we wanted to be more comprehensive. The task is a difficult one as GA DNR continues to add / grow no-anchor zones seemingly on a daily basis. Two good examples are the area around Savannah Yacht Club as well as the anchorage off Cumberland Island.
      In summary we inventoried 124 recognized and popular anchoring locations using detailed information obtained by Garmin, the world’s largest navigation charting service, Waterway Guide, and Cruisers Net. We will continue analysis in order to evaluate the impact of HB201 and Commissioner Mark Williams Administrative Order on anchoring in Georgia.

      IMPACT ON KNOWN AND POPULAR ANCHORING LOCATIONS

      22 (18%) anchoring locations were negatively impacted (area reduced or increased congestion due to closed nearby anchoring locations).

      51 (41%) anchoring locations are essentially eliminated.

      So a total of 73 (58%)of known and popular anchoring locations are impacted or eliminated out of a total of 124!!! All the state’s coastal water are (were) open to anchoring prior to HB201 and the establishment of setbacks or restricted areas, so the full impact on anchoring in areas not designated as “known and popular anchoring locations” is immeasurable.

      A spreadsheet will be in the FILES section. The 2nd sheet has hyperlinks to these anchorages on the ActiveCaptain web viewer if you’d like to see where they are. Alternatively you can copy the Lat/Long into Google Maps.

      We intend to review Waterway Guide and Cruisers Net to augment our data in the coming days.

      Please contact Georgia legislators and DNR officials if you feel these regulations go too far.

      Comments from Cruisers (3)

      1. Thomas G McGarry -  February 8, 2020 - 8:44 am

        We boaters need a proactive program to address the issues perceived by the Georgia legislature, not just rail against the solution to the concerns they have. The concerns seem to be pollution, How about providing convenient pump out facilities and possibly pump out boat services, with a method of funding the cost of the latter.
        Thomas G McGarry

        Reply to Thomas
      2. Captain John Wharton -  January 26, 2020 - 6:39 pm

        It’s simple. If you have enough fuel avoid GA. Don’t do business in GA or use any services in GA. Don’t go where you are not wanted. Spend money where you are wanted.

        Reply to Captain
      3. Bruce Whyte -  January 26, 2020 - 3:30 pm

        Thank you for all the work. I intend on reviewing your spreadsheet and updating my Blue Chart which will require some lengthy editing looking at this GA disaster.

        Reply to Bruce
    • Coastal Resources Division to Host Presentation on Coastal Resiliency, Jan 28, Brunswick, GA

      This presentation is in the Susan Shipman Environmental Learning Center, 1 Conservation Way, Brunswick, GA 31520. It’s in the northeast corner of the parking lot at the DNR Coastal Regional Headquarters near the Sidney Lanier Bridge.

      CRD to host presentation on coastal resiliency

      BRUNSWICK, Ga. (Jan. 10, 2020) — The Coastal Resources Division of the Georgia Department of Natural Resources invites the public to attend a presentation on coastal resiliency at noon Jan. 28.

      Analie Barnett, a landscape ecologist with The Nature Conservancy, will present on “Identifying Resilient Coastal Sites for Conservation in the South Atlantic” at the Susan Shipman Environmental Learning Center, One Conservation Way in Brunswick.

      Coastal sites vary widely in their ability to accommodate rising seas, based on inherent natural features and the degree of human influence on key ecological processes. Scientists from The Nature Conservancy evaluated over 1,200 coastal sites in the South Atlantic for their capacity to sustain biodiversity and natural services under increasing sea levels.

      Each site received a resilience “score” based on the likelihood that its coastal habitats can and will migrate to adjacent lowlands. With no action, the region could experience an estimated 77% loss of existing tidal habitats to severe inundation. However, there are many sites where tidal habitats could increase and expand through landward migration, reversing this trend.

      With conservation and management, these resilient sites have the potential to offset almost 80% of the estimated tidal habitat loss, providing critical habitat for birds and other wildlife, and buffering communities from the effects of storms and floods. Conservation of these resilient sites is critical if we are to sustain nature’s diversity and benefits into the future.

      This presentation will provide an overview of TNC’s approach to identifying resilient coastal sites in the South Atlantic, examine the results, and show different ways the results can be used, such as to prioritize land acquisition, identify areas for restoration, and find roads that may fragment future marsh areas. Results and potential applications will focus on Georgia’s coastal sites with some regional perspectives for context.

      About the speaker

      Analie Barnett is a Landscape Ecologist with The Nature Conservancy’s Eastern Conservation Science team and is based in Atlanta, Ga. She has been with the Conservancy for thirteen years. Barnett has expertise in geospatial analysis, multivariate analysis, landscape ecology, and conservation planning. She holds a Master of Environmental Management with a focus on conservation science from Duke University and received her B.A. from Austin College in Economics and Literature.

      Barnett works on a variety of coastal, terrestrial, and freshwater projects in the Eastern U.S. that incorporate spatial and statistical analysis to inform conservation planning and natural resource management at large geographic scales. Recent projects include identification of coastal sites expected to be resilient to climate change in the South Atlantic and Gulf of Mexico, U.S., multivariate analysis of long-term vegetation data to assess the effectiveness of longleaf pine management on military lands, ecosystem services assessment of bottomland hardwood reforestation scenarios in the Lower Mississippi Alluvial Valley, and spatial analysis to identify priority marine areas in the South Atlantic Bight. Her work has been published in peer-reviewed journals including BioScience, Ecological Applications and Plant Ecology.

      More information

      Anyone with questions can contact CRD’s communications specialist, Tyler Jones, at 912-262-3140 or tyler.jones@dnr.ga.gov.

      Above photo by Ben Galland.

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    • Betrayal of the Public Trust by Jack White

      Our thanks to Kim Russo and Jack White for their efforts to protect the rights of boaters in Georgia. See Georgia Anchoring Regs.

      Thanks for your patience, everyone, as we continue to gather information about the new rules on anchoring in Georgia.

      Below is an op-ed written by one of our coalition partners, Jack White. Jack is a former Georgia state legislator and I think his explanation/summation of what has happened is spot on. Following Jack’s op-ed is a bit more of my take on the topic.

      Kim

      Betrayal of the public trust

      Remember when you were in school and a few kids did something wrong and the whole class got punished? If so, then welcome to legislation—Georgia style! Georgia is now home to the most restrictive boater legislation in the nation. This past week the Coastal Resources Division (CRD) of the Department of Natural Resources (DNR) posted the announcement of the implementation of HB201 on their website. You may recall this is the bill I warned Liberty and Bryan County residents about last summer. A hodgepodge of disjointed topics, the bill included anchoring permits, logs of pump-outs, fees and the establishment of anchorage areas. Did you catch that folks? Not just authorization to tell you where you CAN’T anchor but where you CAN anchor. The announcement this week (via Administrative Order from DNR Commissioner Mark Williams) graciously informs the public that “The Commissioner hereby ORDERS that anchorage areas for the purpose of overnight anchoring are established throughout all the estuarine areas the state…”. In other words, a right we have enjoyed for centuries in waters most boaters and boating organizations believe to be federally controlled (see the commerce clause of the US Constitution) has been granted to us by the DNR. This should be challenged in a court of law.

      If you go onto the DNR website they will tell you “HB201 is a new law that mainly affects waste discharge from vessels with marine sanitation devices (MSDs) and overnight anchoring in coastal waters”. Folks, this is disingenuous at best. HB201 was NEVER about a concern over the cleanliness of Georgia’s waters. It was about getting rid of a couple of nuisance boats in the coastal Georgia area to make a couple of powerful people happy. It was their scenery that was getting polluted—not the water. To fix their problem, Representative Don Hogan (Brunswick, Ga) with the help of others crafted HB201 at the urging of DNR. Why? Because DNR needed a way to make these 2 complaints go away and establishing setbacks under the guise of clean water was deemed the answer. The hen has now come to roost in the form of this new DNR Administrative Order which outlines the following:

      ONE. It restricts overnight anchoring within 1,000 feet (that’s over 3 football fields) of any structure, such as public and private docks, wharfs, bridges, piers and pilings, except in areas near marinas. This 1,000’ offset needlessly eliminates anchorages all over the state. It will affect numerous boaters many of which transit Georgia waters as part of the annual migration along the Intracoastal Waterway (ICW) that brings in millions of dollars to Georgia businesses. Additionally, an unintended consequence of this ill-conceived legislation is that it gives private landowners jurisdiction over public waters free of charge with no need for a bottom lease from the state. Essentially waterfront owners now control thousands of acres of public water at no cost. I seriously question the legality of this action and challenge any attorney reading this to take action.

      TWO. Commissioner Mark Williams and the DNR have created an animal known as Marina Zones, which wasn’t even in HB201. These will allow boaters to anchor as close as 300 feet to marinas or facilities that provide fuel, dinghy access, provisions, vessel maintenance or other services, regardless of whether other structures exist nearby. This of course begs the question, if we can anchor 300’ from a marina, where there are numerous comings and goings, why are we prohibited from anchoring 300’ from any other structure where there may be no or very limited activity? It makes zero sense but then it doesn’t have to as long as it makes the two waterfront owners happy. It would seem the needs of the few outweigh the needs of the many.

      Many boating groups to include the National Marine Manufacturers Association (NMMA), Boat US, Seven Seas Cruising Association (SSCA), Marine Trawler Owners Association (MTOA), American Great Loopers Cruising Association (AGLCA), and the Atlantic Intracoastal Waterway Association (AIWA) were never consulted before the legislation was passed. Most importantly, the general boating public was unaware of the bill until it had already passed. A public hearing occurred on June 17 in Brunswick where we voiced our concerns and were assured no rules would be implemented until they were vetted with the boating public. Afterwards, at a July 31st Stakeholders’ Meeting, which I and several boating representatives attended, we collectively recommended 150’ setbacks from marinas and private structures. Personnel at DNR were informed that a 1,000’ setback was far too large yet that has now been implemented.  So much for transparency and open dialogue with the public.

      The General Assembly didn’t just take away the freedoms of Georgians, they also took away the freedoms of every American transiting our waters from other states. DNR never had any intention of engaging any of the end users–Georgia boaters and visiting boaters to the coastline of Georgia. Actions speak much louder than words.

      So, what can we do? I invite the citizens of coastal Georgia to join me in writing and calling both the Governor’s office as well as the Commissioner of DNR.

      Governor Brian Kemp
      206 Washington Street
      Suite 203, State Capitol
      Atlanta, GA 30334
      Phone Number: 404-656-2846
      Toll Free: 1-800-436-7442
      Contact via web form: https://gov.georgia.gov/contact-us/constituent-services

      Commissioner Mark Williams
      2 Martin Luther King, Jr. Drive, SE
      Suite 1252 – East Tower
      Atlanta, GA 30334
      Phone number: 404-656-3505
      Contact via web form: https://gadnr.org/sendemail

      Maps of restricted anchorage areas by county can be found here:
      https://coastalgadnr.org/Liveaboards

      //Signed//
      Jack White
      Boater, Liberty County resident & former Ga State Representative, House District 3

      As Jack eloquently shared, stakeholders (including AGLCA) were invited by DNR to a meeting because they said they wanted our feedback as they crafted the implementation rules associated with HB201.  It was my understanding leaving that meeting, and from subsequent phone contact, that we’d be kept informed of progress and given the chance to preview the new rules before implementation to provide comment.  We were blindsided by the order two days before it took effect.  

      Our coalition has been making calls and gathering information, and has not found a group that suggested 1,000-feet as a setback.  There seems to be no explanation as to how that distance was selected.  It appears that even marinas, who some think have the most to gain when boats cannot anchor overnight, appear to have suggested a setback far less than 1,000-feet.  And even Florida, where there are constant challenges to the right to anchor, has setbacks of only 150-feet.

      There is some good news.  First, the wheels are in motion for a potential legislative change that we hope will undo the problems inherent in HB201.  We will provide more details on this as soon as we are able.  Second, groups much bigger than ours, with a lot more clout, are just as outraged as we are.  We hope to make more details about their efforts available soon as well.  

      In the meantime, Jack’s suggestion of letter-writing to Commission Williams and Governor Kemp (see address information above) is our next course of action.  Please take the time to write.  Remember to be respectful, specific, and concise about how this administrative order will affect you.  For your convenience, the order is available here.  

      Please let me know if you have any questions or concerns.

      -Kim

      Kim Russo
      Director
      America’s Great Loop Cruisers’ Association

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      Comments from Cruisers (2)

      1. James H. Newsome -  January 10, 2020 - 7:35 am

        Tune in Friday January 10, 2020 at 10:00AM for “Great Loop Radio: Georgia Anchoring Setbacks” with Kim Russo and Jack While as they discuss the implications of GA’s HB201 Anchoring law and the Administrative Order issued by Commissioner Mark Williams which established 1000′ setbacks for anchoring in Georgia coastal waters.
        Kim is the Executive Director of America’s Great Loop Cruisers Association and also represents a coalition of boating groups including Seven Seas Cruising Association, Marine Trawlers Owners Association and DeFever Cruisers.
        Jack is a Georgia coastal resident and avid boater and cruiser. He is a retired Air Force fighter pilot and instructor at the Air Force Academy, former Georgia legislator, and currently a flight instructor at Gulf Stream in Savannah. Jack is also a co-founder of Save Georgia’s Anchorages.

        http://tobtr.com/11646559

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    • More Praise for Jekyll Harbor Marina, GA AICW Statute Mile 684.5

      A CRUISERS NET SPONSOR, Jekyll Harbor Marina lies along the easterly banks of the AICW’s passage through Jekyll Creek, immediately south of the 65-foot fixed bridge. Our thanks to Richard Houyoux for these good words for Jekyll Harbor Marina.

      Stopped in for a couple of days while transiting north in January, 2020. Can’t say enough fine words for the cooperation and friendliness of the staff while servicing this newbie cruiser. Completely met all our needs and provided excellent advice. Adjoining restaurant offers fine fresh fish and burgers. Be sure to check in with Jamey if you want rides into town. Otherwise, Uber is available.
      Richard Houyoux

      Click Here To View the Cruisers’ Net’s Georgia Marina Directory Listing For Jekyll Harbor Marina

      Click Here To Open A Chart View Window, Zoomed To the Location of Jekyll Harbor Marina

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    • UPDATE: Latest Georgia Anchoring Regs: Coast Marshland Protection Act

      Our thanks to Roger Long for sending these latest updates on the restrictive anchoring regulations in Georgia.

      1/5/20 The official DNR map has been posted. All of Brickhill Creek is excluded due to leased oyster areas not shown on the map I was working from in my earlier comments. There is now no well protected legal anchorage for visiting the northern part of Cumberland Island.

      The southern part of the island is all shown as open. The DNR may be recognizing National Park Service control of those waters. However, other areas on the southern portion of the map are not excluded which would be if the same standards were used as farther north. I suspect the map is simply incomplete at this point and we will gradually see it filled in.

      Roger

      Click here for Coastal Anchoring & Discharge

      GEORGIA 

      DEPARTMENT OF NATURAL RESOURCES 

      BRIAN KEMP GOVERNO

      MARK WILLIAMS COMMISSIONER 

      ADMINISTRATIVE ORDER 

      BY THE COMMISSIONER 

      WHEREAS: The General Assembly declared though the Coastal Marshlands Protection Act, 

      O.C.G.A. 12-5-280 et seq. that the coastal marshlands of Georgia comprise a vital natural resource system and that the coastal marshlands provide a natural recreation resource which has become vitally linked to the economy of Georgia’s coastal zone and to that of the entire state. It further stated that coastal marshlands are costly, if not impossible, to reconstruct or rehabilitate once adversely impacted by man’s activities and that activities in the coastal marshlands must be regulated to ensure the values and functions of coastal marshlands are not impaired; and 

      WHEREAS: O.C.G.A. 52-7-3 (25) defines vessel as every description of watercraft, other than a 

      seaplane on the water or a sailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts and homemade vessels; and 

      WHEREAS: O.C.G.A. 52-7-8.4(b)(1) defines anchorage areas as those areas established by the 

      department within estuarine areas whereby a vessel may anchor at night; and 

      WHEREAS; O.C.G.A. 12-5-282 (7) and 52-7-8.4(b)(3) define estuarine areas as all tidally 

      influenced waters, marshes, and marshlands lying within a tide-elevation range from 5.6 feet above mean tide level and below; and 

      WHEREAS: O.C.G.A. 527-8.4(b)(5) defines night as between the hours of 30 minutes after 

      sunset and 30 minutes before sunrise; and 

      WHEREAS: O.C.G.A. 527-8.4(d) authorizes the Department to establish anchorage areas within 

      the estuarine areas of this state as well as areas where anchoring is not allowed. 

      NOW THEREFORE, based on the foregoing, the Commissioner hereby ORDERS that anchorage areas for the purpose of overnight anchoring are established throughout all the estuarine areas of the state EXCEPT FOR THE FOLLOWING estuarine areas that are specifically excluded as anchorage areas: 

      1) Within any marked navigational channel; and 2) Within 1,000 feet of any Department approved marked shellfish lease area or 

      public shellfish picking area; and 3) Within 1,000 feet of any structure, such as wharfs, docks, piers, pilings, bridge 

      structures or abutments, except for areas within Marina Zones. A Marina Zone shall be delineated as the area between 300 feet and 1,000 feet of a marina or facility providing fuel, dinghy access, provisions, vessel maintenance or other 

      2 Martin Luther King Jr. Drive, S.E.. Suite 1252 | Atlantil. Georgia 30334-9000 

      404.656.,7500 Fax +44,656.0770 | www.gadar.org 

      boating services, regardless of whether other structures exist within the marina zone. Overnight anchoring is allowed within Marina Zones

      FURTHERMORE, the anchorage areas established by this Administrative Order shall not be considered “designated anchorages” for the purposes of O.C.G.A, Section 52-7-11(d). 32-point white stern lights are required to be displayed during hours of darkness or low visibility when anchored in anchorage areas established by this Administrative Order. 

      FURTHERMORE, it is the sole responsibility of the vessel operator to determine a safe anchorage area for their vessel depending on current environmental factors and the Department has no responsibility in this part. 

      FURTHERMORE, this ORDER does not authorize the placement or installation of mooring balls within the estuarine area of the state. 

      This 30% day of December 2019. 

      Marklillas 

      MARK WILLIAMS COMMISSIONER OF NATURAL RESOURCES 

       

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    • New coastal boating laws take effect in Georgia from Coastal Review Online

      See also Latest Georgia Anchoring Regs

      New coastal boating laws take effect in Georgia

       

      BRUNSWICK, Ga. (Jan. 3, 2020) — The new year brings with it new coastal boating laws. House Bill 201, passed by the 2019 Georgia legislature and signed by Gov. Brian Kemp, became effective Jan. 1, 2020.

      The new law mainly affects waste discharge from vessels with marine sanitation devices (MSDs) and overnight anchoring in coastal waters.

      Also during the 2019 session, the legislature passed groundbreaking shellfish laws which, when fully implemented, will enable the state to develop an oyster industry similar to surrounding states.

      “Maintaining good water quality by minimizing waste discharged into estuaries is fundamental to a successful oyster industry,” explained Doug Haymans, director of the Coastal Resources Division (CRD) of the Georgia Department of Natural Resources (DNR).

      “Waste, whether chemically treated or not, can be harmful to sensitive marine environments such as Georgia salt marshes,” Haymans said. “The U.S. Environmental Protection Agency (USEPA) recognizes such, and through the Clean Water Act, allows states to regulate the use of MSDs on houseboats, or as defined in this bill, ‘liveaboards.’ Short of the USEPA creating No-Discharge Zones in coastal Georgia, the state chose to regulate the discharge of all waste from liveaboard vessels, whether treated or untreated, from any Type I, II, or III MSDs.”

      The boating law and shellfish law are bound together by water quality. Vessel owners with MSDs are now required to secure the device in such a manner that they can only be pumped out.  There are 19 sanitary pump-out stations along Georgia’s coast.   A map of coastal Georgia’s pump-out stations is available at https://coastalgadnr.org/Pumpout.

      Examples of proper securing of MSDs include closing the seacock and padlocking it, using non-releasable wire ties or removing the seacock handle with the seacock in the locked position.  Vessel owners may also choose to dump their holding tanks three or more miles from Georgia’s shoreline.

      H.B. 201 also authorizes DNR to establish where overnight anchoring may occur.  On Dec. 30, 2019, DNR Commissioner Mark Williams signed an Administrative Order (AO) establishing restrictions in some sensitive areas. 

      The AO restricts overnight anchoring within 1,000 feet of marked shellfish beds, whether commercial leases or public-picking areas. 

      “The idea is to protect submerged oyster gear from anchor entanglement and to reduce the likelihood of waste being accidentally discharged near the oyster beds, again tying the two new laws together,” Haymans said.

      The AO also restricts overnight anchoring within 1,000 feet of any structure, such as public and private docks, wharfs, bridges, piers and pilings, except in areas near marinas. Commissioner Williams has created “marina zones,” which allow boaters to anchor as close as 300 feet to marinas or facilities that provide fuel, dinghy access, provisions, vessel maintenance or other services, regardless of whether other structures exist nearby. Boaters may anchor overnight within these marina zones.  It should be noted that the 1,000-foot exclusion zone applies to the vessel’s swing circle.

      This law change, and the associated administrative order, is not intended to restrict or impact boaters engaged in fishing and other recreational activities in Coastal Georgia. The intent of the change and enforcement will be to prohibit overnight anchoring in locations that could degrade shellfish production, cause navigation hazards, or create conflicts between waterfront homeowners and the boating public.

       “We want everyone to know that Georgia’s coastline is open to all boaters while we work to provide clean, quality resources for everyone to enjoy,” Haymans said.   

      Anyone with questions may contact CRD’s communications specialist, Tyler Jones, at tyler.jones@dnr.ga.gov or by calling 912-264-7218. For more information, including interactive and downloadable maps of prohibited anchoring areas, visit www.CoastalGADNR.org/Liveaboards.

      To view this press release online, visit click here

      To view the administrative order, click here

      To view the Georgia law, click here.

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    • Update from Save Georgia’s Anchorages by James H. Newsome

      Our thanks to James H. Newsome of Save Georgia’s Anchorages, a group whose aim is to prevent unreasonable restriction to Georgia’s anchorages. See Anchoring Restrictions in Georgia.

      Much thanks for Larry and Cruisers Net for publicizing the ongoing issue with infringement on anchoring rights in Georgia. Please visit Save Georgia’s Anchorages on Facebook for the latest news in our efforts to have HB201 rewritten in the next legislative session starting in January.

      Since publication of proposed rules for HB201 in late May, many individuals and boating groups have voiced strong opposition to the intent of the law and subsequent rules. Following a public meeting in June, a record number of public comments submitted to GA’s Coastal Resource Division of DNR, and a Stakeholders’ Meeting at CRD headquarters in Brunswick in late July, it became apparent that changes were needed in HB201. Following weeks of review and exchange of ideas between several boating stakeholder groups and individuals, areas of concern in HB201 were identified and suggested revisions were developed.

      Stakeholders representing Waterway Guide, a coalition of membership organizations (including America’s Great Loop Cruisers’ Association (AGLCA), Seven Seas Cruising Association (SSCA), Marine Trawler Owners’ Association (MTOA), and Defever Cruisers), National Marine Manufacturers Association (NMMA), and Save Georgia’s Anchorages contributed to the Suggested Revisions for GA’s Anchoring Law – HB201.

      This document was submitted to key GA legislators, DNR Commissioner Williams, and Coastal Resource Division Director Haymans in November, and now has been sent to the Legislative Council for review and to be drawn into a bill for submittal to the 2020 General Assembly.

      A complete copy of the Suggested Revisions for GA’s Anchoring Law is now uploaded to files here on Save Georgia’s Anchorages for your review.

      While we do not know what changes will be made in the final bill, we are pleased that GA legislators, DNR Board members, DNR Commissioner Williams and Director Haymans are working with us to find a solution to the problems in HB201.

      And a special thanks is extended to GA Representative Ron Stephens from Savannah District 164 who has been instrumental in helping our coalition of boating groups move this process through the negotiation and filing process. Representative Stephens is also a Great Loop Cruiser.

      We will keep members informed here on SGA when any developments arise. Please visit https://www.facebook.com/groups/SaveGeorgiasAnchorages/ where you can download a complete copy of Suggested Revisions to Georgia’s Anchoring Law, HB201.

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      Comments from Cruisers (1)

    • FOCUS ON – Darien, Georgia


      Darien City Docks lie along the northern banks of the Darien River, hard by the charted 31-foot fixed bridge, in the heart of downtown Darien, which is 7 nautical miles off AICW statute mile 651.5 via the fully marked Darien River Channel, featuring minimum 14 foot depths. Recent repairs to the docks add to the attractiveness of this lovely river port.

      Up A Lazy River… Enjoy Darien Georgia
      All along the 1,153 miles of Atlantic Intracoastal Waterway, there are many rivers and creeks that meander off the ICW, inviting those with adventurous spirits to quaint, historical, charming towns and villages. Coastal Georgia offers several. About seven miles off the ICW, westward up the Darien River, the town of Darien is nestled in these barrier islands of Georgia.

      As you cruise through Georgia, take an excursion off the beaten ICW path, along the banks of the Darien River to the quaint town of Darien, Georgia. This part of the down east, Georgia low country is part of what is affectionately called the “Golden Isles”.  A small bit of trivia, it is said that the term “Golden Isles” was actually coined in the town of Darien. Sitting on the banks of the Darien River in an area of Georgia that is described by some as “one of the most important tidal estuarine environments in the world.”
      So, lets go…..anchors aweigh !!

      Arrival at the former Port of Darien, sitting in the midst of a vast coastal tidal estuary; among winding creeks with seemingly endless panoramic views of marshlands and small islands (called hammocks), you’ll find yourself surrounded with raw nature and fresh air. Your cruise up the Darien River will provide you with some interesting waters to ply, that have been used since the earliest days of the British presence in North America.

      Enjoy the warm welcoming hospitality, their rich cultural history, southern charm, yummy locally prepared foods, and fun specialty shops. It is said if you come for a day, you may want to extend your stay.

      Darien River Waterfront Park and Docks, welcomes you with overnight fees of only $1.00 per foot and this includes water and electric. Call this 912-437-6659 during normal business hours to make a reservation or after hours or weekends call 912-223-6821. Nice park area, adjacent to the town, and floating concrete docks, and welcoming hospitality, all to make your stay comfortable and enjoyable.

      Visit the historic sites such as Fort King George (complete with reenactments), the very first fort built on Georgia’s soil by the British.

      Visit Darien at certain times of the year and you’ll be treated to vibrant festivals held along Darien’s Waterfront Park and along the streets of its newly revitalized downtown area. You will want to visit the Butler Plantation and rice fields, old churches, cemeteries and monuments.

      Immerse yourself in a world where flowers bloom in every season, where butterflies and birds abound, and clear, blue skies form the backdrop for ancient evergreen oaks festooned with exotic, hanging moss. In November, the Darien Fall Fest features classic car shows, street vendors, helicopter and boat tours, fun for the kids, and musical entertainment.

      There’s something new to see and do around every corner.

      You might even find yourself listening to or trying to understand another language. That’s right, Gullah is a unique creole language spoken along the Sea Islands and adjacent coastal areas of South Carolina and Georgia. The residents in these areas of Georgia are typically referred to as “Geechee”. Gullah language began as a simplified form of communication among people of different languages including Europeans and diverse African ethnic groups. The vocabulary and grammatical roots come from European and African languages. Gullah Geechee language is the only distinctly African creole language in the United States and has influenced traditional Southern vocabulary and speech patterns. The culture and fascinating history and lives of the Gullah Geechee folks are an important part of this area of Georgia. You can learn more here: https://gullahgeecheecorridor.org

      Want to get off the boat for a few days; enjoy a long warm shower after a day of sightseeing around Darien and surrounding area; then sink into the charm and comfort of the Darien Waterfront Inn Bed and Breakfast. Enjoy sitting on the porch and let the gentle breezes soothe your soul. JoAnn Viera offers this relaxing, renewing, river front sanctuary, for your enjoyment. They also offer free shuttle service to the grocery store so you can re-supply before continuing on.
      https://www.darienwaterfrontinn.com/

      If you need supplies, the First Georgia Hardware and Marine Supply store is only a few hundred yards from the Darien Waterfront Docks and Park.

      Fresh produce and seasonal favorites are available within a very short walk to “Turnip Greens Country Market”. You just can’t beat fresh !

      Speaking of “fresh”, if you want a break from preparing meals, you are in for a treat, as there are a number of places to enjoy fresh, local dishes prepared only as these fine folks can do. Just to mention some that others have spoken favorably about are the, Waterfront Wine & Gourmet, Blue Bay Mexican, B&J’s Seafood, and Skipper’s Fish Camp.

      There are floating docks at Skippers and the first 48 hours are free. No water or electric, but we did say “free” for 48 hours. Puts you right at the kitchen door, almost on their riverfront porch. Skippers Fish Camp is located just under and on the west side of the Highway-17 bridge. It is, a great place to meet and make new friends while dining in this wonderful down-east, coastal town atmosphere.

      Be sure to check out the bar and table tops, fashioned from timbers that had been floated down the Altamaha River from the interior during Darien’s days as a major port for timber export in the late 1800s. These milled timbers, salvaged from Brunswick, Georgia’s Oglethorpe Hotel, were saved and used as double flooring in Skippers Seafood Company’s legendary “poker shack”. The Oglethorpe Hotel was used in the Hollywood movie, The View from Pompeii’s Head. So, when you eat in the restaurant or hoist a cool one at the bar, you will be enjoying Georgia history and Hollywood history as well!

      Here’s what some of those who’ve visited by boat have said about the good times they enjoyed during their visits to Darien:

      Darien is a very pleasant side trip off the AICW, located 7 miles west of the AICW between Dolby and Altamaha Sounds at about MP 651. Turn into the Darien River at AICW Red 184, keeping it to port when turning into the river. Once past this point, markers are red-right-returning. The river is generally wide and deep. Pay particular attention to Red 12 and nearly adjacent Red 14, as their position in the river looks like they should be green, but they are RED. Keep between them and the nearby south bank. The rest of the trip is straight forward. Keep to the outside on turns and watch for floating vegetation. The outside of the last dock is usually open for transients and can handle large boats, depending on room at the time. Call ahead at 912-437-6659 to check availability. Approach to the facing dock into the current is easy and if you call ahead, Dockmaster Wyn will catch your lines. If you like the lowlands, this is a beautiful and wild stretch. The town is delightful and within a few blocks of the floating docks. Plenty for cruisers to do for a couple days. Because it can take some time to get there, depending on direction of the current. Darien is best as a visit destination and not a quick stopover along the AICW, at least for us slow boats. Darien rates are a dollar a foot including water and 30 amp electric, and I was told they will soon have free bicycles for use of overnight guests. Fuel is available at a nearby service station.
      Frederick B.

      Found plenty of water on the Darien river. Chose to dock here to wait for tide to transit Little Mud creek.
      It is 7 miles up the river, but was more than worth it. The volunteer dockmaster was very friendly and
      helpful. Dinner at Skippers was great and the best Key Lime pie ever!…………. A. B.

      We just spent a couple days on the town dock in Darien GA… This town is very boater friendly and the
      people were welcoming. We received a complimentary glass of wine one night while visiting the
      Waterfront Wine & Gourmet, who also had live entertainment and a great wine selection. We ate some of the best shrimp we’ve tasted at B&J Seafood. We visited King George Fort and the Rice Plantation.

      Well worth a visit. A must do!… R & T

      A quaint shrimping town N of Brunswick and well worth the stop… Floating concrete docks are
      conveniently located right downtown…. Great food within walking distance – we’ve tried Skippers, B&J’s,….. all outstanding. Fort King George is an interesting historic site and the town has great bicycle trails around the perimeter of the city and within. The historic Butler rice plantation is 1 mile south,
      Piggly Wiggly is 1.2 miles away, and a well-stocked Hardware/Marine Supply store is a couple of blocks away…W and R

      For our boating friends, coming by water, check your charts and you will see that the Darien River offers plenty of depth most of the way. There are some skinny places as you get up river, but doable. I would recommend traveling on no less than half-tide rising. Here’s a chartlet from Cruisers Net, https://cruisersnet.net/

      when turning into the river. Once past this point, markers are red-right-returning. The river is generally wide and deep. Pay particular attention to Red 12 and nearly adjacent Red 14, as their position in the river looks like they should be green, but they are RED. Keep between them and the nearby south bank. The rest of the trip is straight forward.

      If you cannot come by sea, then please do so by land. Take time to enjoy a very special slice of down-east, coastal Georgia’s hospitality. Just a hop, skip, and jump off Interstate 95 and you are in the heart of Darien. Take exit 49 off I-95 onto Georgia State Highway#251 which leads you into US Hwy 17 and you are there.

      Now that you know a little more about Darien, you are invited to visit and take a closer look at this very special place and enjoy some of its unique offerings. You will remember Darien as one of those towns where you had a great time and created new memories. Here’s a link to their website, take a look and plan this Fall to visit Darien.
      http://www.cityofdarienga.com/en/ct-menu-item-15/ct-menu-item-21

      © Salty Southeast Cruisers Net, LLC

      Click Here To View the Georgia Cruisers’ Net Marina Directory Listing For Darien City Docks

      Click Here To Open A Chart View Window, Zoomed To the Location of Darien City Docks

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    • Warning for Jekyll Creek Depths, AICW Problem Stretch, GA Statute Mile 683


      Our thanks to Bill Weeks of Jekyll Harbor Marina, A Cruisers Net Sponsor, for this critical Local Knowledge regarding safe passage of this ICW Problem Stretch.

      Jekyll Creek was dredged last spring. The catch is, that only half of the 150’ channel width was dredged. The COE did a 75’ swath from the centerline of the channel to the EASTERN edge. In this part of the creek you will have 10 feet at mean low water. Boaters should be advised in transiting this part of the ICW that they should stay to the seaward side of the centerline. otherwise they will be in very shallow water even though their chart plotted sales they are in the “channel”. Anyway you guys could help get this word out? As you say, the sailboaters are still coming in good numbers, and this knowledge is very critical to them.
      Many thanks and best regards,

      Bill Weeks
      Jekyll Harbor Marina

      Click Here To View the Cruisers Net AICW Problem Stretches Listing For Jekyll Creek

      Click Here To Open A Chart View Window, Zoomed To This AICW Problem Stretch

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    • Anchoring Restrictions in Georgia-IMPORTANT UPDATE by Kim Russo

      Our thanks to Director Kim Russo for this update on anchoring in Georgia as posted on AGLCA’s Forum.

      Since publication of proposed rules for HB201 in late May, many individuals and boating groups have voiced strong opposition to the intent of the law and subsequent rules. Following a public meeting in June, a record number of public comments submitted to GA’s Coastal Resource Division of DNR, and a Stakeholders’ Meeting at CRD headquarters in Brunswick in late July, it became apparent that changes were needed in HB201. Following weeks of review and exchange of ideas between several boating stakeholder groups and individuals, areas of concern in HB201 were identified and suggested revisions were developed.

      Stakeholders representing Waterway Guide, a coalition of membership organizations (including America’s Great Loop Cruisers’ Association (AGLCA), Seven Seas Cruising Association (SSCA), Marine Trawler Owners’ Association (MTOA), and Defever Cruisers), National Marine Manufacturers Association (NMMA), and Save Georgia’s Anchorages contributed suggested revisions for GA’s Anchoring Law – HB201 and have submitted these changes to key GA legislators in hopes of getting a bill introduced in the 2020 session of the General Assembly.

      We have stressed the point that responsible boaters want to be involved in the process and help to find solutions instead of being viewed as part of the problem. A summary of the suggested revisions to HB201 will be shared with our membership as soon as possible.

      Kim Russo
      Director
      America’s Great Loop Cruisers’ Association

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    • Healy Report: Alternate Route, St. Andrew Sound, GA AICW Statute Miles 685-690


      Several route options to navigate St Andrew Sound, especially in foul weather, have been posted on Cruisers Net. Type St Andrew Sound in our Homepage Search window for those reports. Experienced cruisers and frequent Cruisers Net contributors Jim and Peg Healy share their ships log and navigation watches as M/V Sanctuary travels south on the FL/GA Waterway. Thank you Jim and Peg!

      About 2012, I plotted an alternate route across the northern part of St. Andrews Sound, but I never had the nerve (conditions) to run it.  Last year, Bob Sherer (Bob423) published an alternate that was nearly identical to mine.  To test the route, I wanted high tide and good sea conditions.  Today was the day.  High tide, bright sunshine, SSW 15 – 20.  I could feel Claiborne [Claiborne Young, founder of Cruisers Net] looking over me as I motored forth, laughing and chuckling approvingly!
       
      Here are my tracks southbound through St. Andrews Sound at today’s high tide:

      The alternate route is 6 statute miles from Jekyll Creek back to the Cumberland River.  The route is significantly more protected that the ICW route.  Note also, the “ICW Route” I follow is NOT the charted ICW route; I cut the bottom of Horseshoe Shoal, but I don’t recommend that unless the captain knows the route and tides well.As luck would have it, just as I turned off the main ICW route, I passed a sailboat running under power.  OK, I travel ever so slightly slightly faster than most sailboats, but when I rejoined the main ICW route in the Cumberland River, that sailboat was still behind me, just about where I’d left him.  I’d guess I didn’t lose more that 10 – 15 minutes taking the alternate route, and I never saw less than what would be 10 feet depth at MLLW.  I did pass two ActiveCaptain hazard markers.  Neither were representative of what I actually saw.  So my net is, keep this alternative route in mind for those days that aren’t so ideal on St. Andrews Sound.  It works.The actual .gpx route can be downloaded from http://fleetwing.blogspot.com, which is Bob Sherer’s website (Bob423).  It’s name is BStAndAlt. [Also try http://bobicw.blogspot.com. Thank you Hank}
      Jim
      Peg and Jim Healy aboard Sanctuary, currently at Charlotte Harbor, Punta Gorda, FL

      Click Here To Open A Chart View Window, Zoomed To the Location of the AICW’s Passage Across St. Andrew Sound

      Comments from Cruisers (3)

      1. Jon Bryant -  March 17, 2020 - 8:56 pm

        Transited St Andrews Sound yesterday March 16. NE wind 20 to 25 knots. I followed the ICW route, it became terribly rough. Steep four to six foot waves with a period of 2 to 3 seconds. In a 31 foot sailboat it was nerve wracking. So of course today I see the alternate route. Lesson learned, check Cruisers Net and Bob 423.

        Reply to Jon
      2. Larry Shick -  November 1, 2019 - 8:25 am

        You meant fleetwing.blogpot.com

        Reply to Larry
    • Still More and Photos from Capsized Vessel, St. Simons Sound, GA, near AICW Statute Mile 677

      The pilot on board the capsized car carrier Golden Ray deliberately took the vessel out of the channel and grounded her, according to a report in The Brunswick News. The 656-foot vessel capsized on September 8 in St. Simons Sound while heading out to sea with 4,200 vehicles onboard. See LNM Capsized Vessel.

      Golden Ray: Rock Operations Commence
      Maritime Executive

      Inside Golden Ray – A cargo assessment has taken place on the ninth deck
      Maritime Executive

      Rocks to be Placed Around Golden Ray
      Maritime Executive

      White Smoke Coming from Golden Ray
      Maritime Executive

      Golden Ray to be Disassembled on Location
      Maritime Executive

      Overturned cargo ship to be disassembled in St. Simons Sound
      WTOC via Chip Plyler on Save Georgia’s Anchorages

      Pilot Deliberately Grounded Golden Ray
      Maritime Executive Newsletter

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      Comments from Cruisers (1)

      1. Bruce Hildreth -  October 11, 2019 - 6:36 pm

        I went to the wreckage area in my boat and observed that the Golden Ray was lying perpendicular to the edge of the channel. To me, that adds credence to the intentional grounding theory.

        Reply to Bruce
    • Interesting Strategy When Your Vessel Is Being Boarded by Law Enforcement Personnel

      Claiborne,
      I tried this and it worked.
      Took about fifteen minutes of discussion, but the officer, after making three phone calls, said he was not authorized to sign any document. He wished me a “good day” and left.
      Captain Robert Lucas
      S/V Aquitaine
      Bradenton, FL

      VESSEL BOARDING AGREEMENT

      The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause, “The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures shall not be violated….”

      Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.

      In Mapp v. Ohio, 367 U.S. 643 (1961), the Supreme Court ruled that the Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment.

      In Katz v. United States, 389 U.S. 347 (1967), the Supreme Court ruled that the amendment’s protections apply only when the searched party has a “reasonable expectation of privacy”.

      The Supreme Court has also ruled that certain searches and seizures violated the Fourth Amendment even when a warrant was properly granted.

      Oath of Boarding Officer:

      I ______________________________, acting as an officer of _________________________

      assert that I have probable cause to board the vessel _________________________________ for the following reasons:

      ___________________________________________________________________________

      ___________________________________________________________________________

      ___________________________________________________________________________

      I accept responsibly, under law, that this boarding is necessary and does not violate the protections of the fourth amendment to the constitution of the United States of America and the statutes of the state of _______________________.

      I waive all legal rights to defense of this boarding that the Captain of this vessel may raise under law.

      _________________________________________, Boarding Officer

      As agent of ________________________________

      Boarding is:

      Granted _______ , ________________________________ , Captain , Date :_______________

      Denied ________ , ________________________________, Captain, Date: _______________

      Fourth Amendment -Vessel Boarding Agreement

      BRAVO! and bravo again! I always wondered just which bureaucrat or politician gave up our Fourth Amendment rights regarding unreasonable search. My guess is that printers are humming already (if you’ve got one aboard). I hope we can find some more results of this tactic!
      Capt Mike
      S/V Blue Skye

      Captain Lucas:
      In checking the regs, I found:
      Coast Guard may go aboard any United States vessel at any time, anywhere to conduct a documentation and safety inspection.
      A search of a U.S. vessel beyond this type of inspection is subject to limitations under the United States Constitution. If a search extends beyond this narrowly defined scope, a court may be asked to evaluate the legality of the search by balancing the individual’s right to privacy in the specific circumstances of the search against society’s interest in detecting criminal conduct.
      Captain Whitney

      I printed it. We’ll see!
      Kevin R. Quinn

      Certain officials have standing search warrants. The Coast Guard does indeed have a standing warrant for the purpose of determining the seaworthiness of a vessesl for the intended purpose(voyage). A fire fighting offical has a standing warrant to enter a building for the purpose of fighting a fiire and for rescue purposes. Why would we need to ask any official to sign anything? Just ask them for the warrant that they have!! If it is a standing warrant, they must still provide proof. If they do not have a court approved warrant, deny the boarding!
      Thomas P. Sangston

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    • Update on Georgia Anchoring Law by Kim Russo

      Our thanks to Ted Arisaka for this update from Kim Russo of AGLCA as posted on Forum and on Save Georgia’s Anchorages.

      Update on Georgia Anchoring Law
      If you’ve been following along with the rulemaking process to implement Georgia’s new anchoring law (HB 201) which gives DNR the authority to both require a permit for overnight anchoring and to determine where boats can and can’t anchor, we have an important update for you.
      As of mid-September, DNR reports that they are still examining the possibility of requiring anchoring permits, but has no immediate plans for implementation. This is a change from the previously announced intention to require permits beginning next year.
      In May, DNR issued a proposed rulemaking, which quickly caught the attention of boaters who were outraged by the idea of having to purchase a permit in order to anchor overnight in waterways in Georgia. After a public comment period with a high level of engagement from boaters, stakeholders including our coalition were invited to a meeting at DNR in July to further discuss ideas for implementation. At that meeting, DNR planned to go back to the drawing board and release a new set of permitting rules around October.
      However, that plan has been abandoned for now. DNR currently has no immediate plan to move forward with the permitting process.
      DNR is, however, moving forward with defining anchorage areas. The approved anchorage areas are expected be the whole state, minus shellfish beds and some setback from marine infrastructure. The setback distances for these anchoring exclusionary areas is still to be determined after additional input from marinas and other stakeholders.
      While our group will remain vigilant as the rest of the rules pertaining to anchorage areas unfold, we view the current status as positive. The abandonment of permitting rules for the time being shows that the voices of boaters are behind heard. Many thanks to all of you who have taken part in this process to date.

      Kim Russo

      Comments from Cruisers (5)

      1. Bob Keller -  October 3, 2019 - 7:13 am

        There has been some encouraging news from Kim Russo and others about the ongoing DNR rulemaking phase for the HB 201 Anchoring Bill where DNR indicated they are not going to require anchoring permits starting on January 1, 2020 although they have not said permits are a dead issue either. Just as concerning is that Doug Haymans of DNR has said that the anchoring offset distances will be variable depending upon location and that marina owners will play a determining role in setting the distance from their marina! This is the fox guarding the hen house, is it not? Having variable setoff distances will make it nearly impossible for boaters to know what the setoff rule is for each location and allowing marina owners to determine the setoff distance from their marina is a problem because some marina owners want to eliminate all nearby anchorages. SGA and other boating groups have maintained that we do not support setoff distances of more than 150 feet and that this should be the rule in Georgia. We need to let DNR know that we do not support variable setoff distances, distances over 150 feet and do not support letting marina owners decide. Please contact DNR to voice your position on this: kelly.hill@dnr.ga.gov; tyler.jones@dnr.ga.gov
        Bob Keller

        Reply to Bob
      2. James H Newsome -  September 28, 2019 - 7:48 am

        Wally,

        HB201 is still law, and will be until (hopefully) a revised version is passed in the next General Assembly, but without approved rules it is teethless. It is encouraging that DNR has decided to back off on any implementation of rules, but we still need to be concerned. Setback distances must eventually be addressed because of the passing of HB501, which establishes an aquaculture/oyster industry in the coastal area. Even though HB201 is independent of HB501 they are interacting as far as setbacks are concerned.

        I would be surprised if DNR eventually establishes setback rules for only the shellfish beds. So setbacks from structures (my guessing here) will probably occur in the same rule. Director Doug Haymans has been consistent in saying that he does not think a uniform setback from structures (private docks, marinas, etc.) will work. The various groups protesting HB201 has offered 250' as a compromise distance that we will think will work. Any distance over 250' will affect anchoring near multiple marinas and this is a concern.

        As far as permitting still being on the table, my understanding from the July 31 stakeholders meeting, is that DNR is willing to back off on this for short term anchoring, but the stakeholders and Director Haymans agreed that DNR must have some way of managing long term anchoring vessels, if they are allowed at all. Such vessels are problematic as they often become derelict and/or washed ashore during severe weather.

        It's my hope that DNR will continue to reach out and work with the stakeholders so we can develop reasonable rules for anchoring concerns in GA coastal waters.

        Reply to James
      3. Wally Moran -  September 25, 2019 - 1:09 pm

        The fact that setback distances have not been defined as yet, and that the permit process is not entirely dead as we were told originally, leaves me with some concerns.

        Reply to Wally
      4. Wally Moran -  September 25, 2019 - 1:09 pm

        My understanding from others was that the permit process was dead. Apparently the DNR has changed its thinking on this, and that concerns me greatly. Furthermore, we have heard nothing as to the setback distances, and this may create additional problems. We need more than vigilance, we need to be speaking to these people and letting them know what is not acceptable.
        We have shown that this is doable, because the DNR has backed off on its original plans… But the job is far from done in my opinion.

        Reply to Wally
      5. Ted Arisaka -  September 25, 2019 - 7:27 am

        Update came from Kim Russo. I merely shared her post. Please correct attribution.

        Reply to Ted
    • Georgia’s DNR August Meeting, James H Newsome Reporting

      Georgia’s HB201 which restricts anchoring in ICW waters raised many concerns among cruisers. Enter “Anchoring” in our Homepage Search window for the numerous reactions and reports concerning the legislation. Our thanks to James H Newsome for this latest report.

      Georgia’s DNR board and committees met yesterday for their regularly scheduled August meeting. There was no action item in the Coastal Committee nor DNR full board pertaining to the Anchoring Rule. Interesting sidebar here is that “they” refer to it as the Liveaboard Rule. Grrrrrr!

      The agenda did include an update from Coastal Division Director Doug Haymans.

      “Coastal Committee – Tab C

      Rob Leebern, Chair

      Members: Jones, Vice Chair, Addison, Lowe, McWhorter, Shailendra, Thomaston, Yancey

      a) Action on proposed amendments to the Coastal Incentive Grant Program Description, Chapter 391-2-5-.01

      through 391-2-5-.16 (Doug Haymans, Director of the Coastal Resources Division)

      b) Update on Live Aboard Rule, Results from Public Comment (Doug Haymans, Director of the Coastal Resources

      Division) (No material in board package)”

      This is consistent with what we were told at the stakeholders meeting on July 31. My notes from that meeting were, “Director Haymans will present the public comments to members of the DNR Board in August and anticipates that new version of the rules should be available in September or October. This will be followed another public comment period and a public meeting to be announced. DNR may adjust the final rules following this period based on public comments. The rules will then be submitted to the DNR board for approval and implementation will take place January 1, 2020.”

      FYI, Save Georgia’s Anchorages members Jack White Bob Keller and James H. Newsome co-wrote a letter explaining our concerns about HB201 and mailed it to the home addresses of every member of GA’s DNR Board well ahead of yesterday’s meeting. We wanted to make absolutely sure that the Coastal Committee and other DNR board members are aware that there are many Georgia boaters and national organizations who believe that HB201 is a bad law and needs to be repealed or rewritten in the next session of the General Assembly.

      We are hopeful that Director Haymans will respond favorably with the next version of the proposed rules. It is very apparent that DNR’s original plan for implementing the new anchoring rules has been altered by the strong public push back. We will continue to closely monitor the situation and advise members here of any new developments.
      James H Newsome

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    • Registration Open for Atlantic Intracoastal Waterway Annual Meeting, Nov 21-22, Savannah, GA


      Registration is now open for the Atlantic Intracoastal Waterway Association’s (AIWA) 20th Anniversary Annual Meeting in Savannah, Georgia. For more detail , see Registration.

      Click here for Registration Open for the Atlantic Intracoastal Waterway Association’s Annual Meeting
      International Dredging Review

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    • Georgia HB 201 Comments Deadline, Monday July 15

      Our thanks to James H Newsome for this reminder to send you comments by July 15. See Contacts for additional addresses.
       
      There are only 9 days left to submit your public comment to GA Department of Natural Resources.

      Written public comment will be received through Monday July 15, 2019. Comments should be legible, concise and limited to the proposed rule change. Following the comment period, the Board of Natural Resources will consider the proposed rule on August 27, 2019 at 9:00 AM at its Board Room located at 2 Martin Luther King Jr. Drive, SE, Suite 1252, Atlanta, Georgia.

       
      Mail or email comments to: Kelly Hill, Coastal Resources Division, One Conservation Way, Brunswick, GA 31520. Kelly.Hill@dnr.ga.gov
       
      James Newsome

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