Experienced yachtsman and Waterway cruiser, Jim Healy, shares his thoughts on recent Georgia legislation restricting anchoring in or near the AICW.

So far, the only explanation I have seen for the actions Georgia has taken is pollution from boats pumping overboard, but I think the issue is broader than that, and is really targeted at the “derelict vessel” problem. There is no question that derelicts are a problem in many places, but this approach doesn’t get at the problem and swats a mosquito with a sledge hammer. It’s poorly thought out, typical of government bureaucrats. Does anyone actually know what the intent is? It would be helpful in any analysis of the actions being undertaken to know what the result is supposed to be. If it’s really pollution for pumping overboard, there are much bigger problems for states to tackle than boaters. How about agricultural runoff, storm overflow from municipal sewage treatment facilities, lawn fertilizers, and the plethora of industrial pollutants in places like Savannah harbor and Brunswick harbor.

Legally, this is an amazingly complex area with literally hundreds of years of Roman Law, English Common Law and US Constitutional law and International Maritime Treaty underlying. There are topics of jurisdiction, administration, Public Trust Lands, Supreme Court precedent and the evolution of public policies. I have an article on my website that tries to summarize the very tip of the subject. Here’s a link to the article: https://gilwellbear.wordpress.com/category/cruising-practica/general-cruising/anchoring-rights/. I will assume you will read that instead of having me re-post it here.

The State of Georgia is given money from the federal government for dredging, a public trust responsibility. That money comes to the state through its congressional delegation. The state has consistently diverted that money to other non-waterway uses (as has South Carolina), so we have places like Altamaha Sound, the Little Mud River and Hell Gate that are on the edge of impassible – or actually impassable – at low tide, and worsening. Before the state does something as extensive as what is being proposed, denying the free use of public trust lands to the public, should they not live up to their existing public trust responsibilities?

As with motor vehicle and highway law, should not the maritime laws of the various states be consistent with the laws of neighboring states? If so, we already have a mess on our hands, because there is no consistency from state to state on the A-ICW. This nonsense will just add to that. One wonder if they consulted with their neighbor, Florida, on the history of “derelict vessel” legislation there. Probably not; pride would preclude that reasonable course of action.

I do not object to REASONABLE controls, but a one-night permit for a through-cruiser to anchor on Wahoo Creek overnight which is applied for and received online? Nonsense. There are places in the salt marshes of the low country where no signal is available. And a $240 dollar annual permit? What’s that money to be used for? Is it destined for the general treasury of the state, or is it restricted for some waterway development use?

Boaters need to band together with BoatUS and the AIW Association to help manage this.

We must develop intelligent, factual, non-emotional suggested responses to be sent to Georgia legislators and the governor. Someone needs to lead that. Soon.

In the end, Georgia residents must lead this fight on behalf of all boaters. Georgia boaters have by far the most to lose here, because they can’t go out on weekends and drop the hook, and of course, they can’t go to remote, private locations, either. They’d have to go to “approved anchorages.” It was cleaver to single out “estuarine waters.” That immunizes the thousands of boaters on fresh water ponds like Lake Lanier. Keeps the noise level from the peanut gallery down. I tried once to write an email to then South Carolina Governor Nikki Haley about the condition of the A-ICW between Charleston to Georgetown (McClellanville, Andersonville). Since I am not a South Carolina resident, the state email system would not allow me to contact their governor’s office. How’s that for Bovine Excrement? Georgia residents have to own and lead this.

One important issue is, what is Georgia’s legal definition of “LIVEABOARD?” When Florida went through this, they had to change the definition in a way that DID NOT include cruising boats that are simply exercising their rights of passage. If cruisers don’t fit the definition of “live aboard,” then none of this is an issue for us. And frankly, a column in the logbook that gets a check mark when I pump out is pretty simple. I started doing that years ago when North Carolina flirted with a law requiring a pumpout log.

A lot needs to be done here, fast, on behalf of the cruising community. If I can help, I’m happy to do so. But, I’m not a Georgia resident and not in a position to lead the fight. Someone resident in Georgia is going to have to step up. Peg and I are cruising now, so my Internet Access and personal availability are constrained.

Jim Healy