Miami Beach 72-hour Anchoring Ordinance

On April 20, 2005 cruising sailors suffered another blow to their anchoring
rights when the Mayor and City Commissioners of Miami Beach, Florida
unanimously passed a bill prohibiting anchoring within city limits for
periods longer than 72 hours. The last hurdle before the bill becomes law
is a second public reading that will take place on Wednesday, May 18, 2005
at a public hearing in Commission Chambers at Miami Beach City Hall.
Miami Beach has become a favorite staging and provisioning location for a
large percentage of the estimated 100,000 boaters bound for the Bahamas, in
addition to boats headed for the Caribbean and Florida Keys each year.
Businesses in Miami Beach that serve the cruising community were not
consulted regarding the economic impact of the action. However, one
commissioner was somehow able to determine that "the amount of money spent
[by these boaters] was miniscule."
For cruising boats crossing the often turbulent Gulf Stream, concerns are
larger than where to provision. While another commissioner claimed with
authority that "72 hours was sufficient" time to wait for weather, those of
us who have made the crossing know that small craft warnings are often
posted for weeks at a time during the winter months, making the passage
dangerous for many. This extremely brief window will undoubtedly create a
situation that will force captains to decide between harassment and fines or
subjecting their boats and crews to seas neither were meant to handle.
Fortunately, there is an exception to the 72-hour limit during periods when
hurricane warnings are in effect or when members of the crew are sick.
The reason most often cited by the eight or so residents who spoke in favor
of the restriction was the visual intrusion associated with vessels anchored
near their expensive waterfront homes. Also cited were theft, trespass, and
pollution. Dr. Morris Sunshine, Chairman of the Miami Beach Marine
Authority, an advisory group on marine matters, testified before
Commissioners that the Commander of the Miami Beach Marine Patrol was
questioned by the Authority and could not cite a single case of theft
attributable to the cruising community. The Commissioners ignored Dr.
Sunshine's request to firmly instruct the City Manager to start planning to
install a mooring field and to designate a legal anchoring area.
In contrast to cities like Vero Beach, Florida where forward-looking leaders
implemented well-thought-out plans that cleaned up derelict boats from the
harbor, accommodated seasonal boaters, and brought revenue to the city and
local businesses, the Miami Beach leadership's plan is to spend $1.75
million over the next two years to enforce a legally questionable ordinance
that chases legitimate boaters and their business away while leaving the
real problems behind.
After last year's hurricane season, the Florida Legislature is being
pressured to allow marina operators to force boat owners out of the marinas
during major storms. Therefore, it makes far more sense to spend money to
provide a harbor with safe, heavy-duty moorings that will protect residents'
boats during hurricanes in the summer, and accommodate transient boats year
round. The City can then prohibit anchoring elsewhere, protecting the
seabed and eliminating derelict boats, if it so chooses. It's ironic that a
city that spends millions each year to attract tourists, and hosts the
largest boat show in the U.S., is trying to pass a law that will chase a
large and responsible group of boaters out of local waters.
This ordinance is full of holes and could be defeated by a coalition of
boaters who are losing their rights, local businesses whose profits will
suffer, and residents who will bear the $1.75 million enforcement price tag
that benefits a handful of Miami Beach's wealthiest residents. Local
regulators rely on the assumption that sailors have little interest in
waging political/legal battles; so in addition to local action, we must also
address this issue through the state legislature and courts.
The marine industry is one of Florida's largest - it's time for businesses
to realize that they must persuade lawmakers in Tallahassee to protect
boaters' right of access to safe haven before there are no boaters left to
buy their products. The two primary marine trade associations that may be
able to achieve a workable solution to this situation are listed below.
WHAT YOU CAN DO
Write or e-mail the people or associations below. Tell them about your
boating habits - where you cruise, how much you spend, what your safety
issues are, that you're a member of SSCA and what clean wake cruising means.
You will also find links to other representatives of the marine industry and
to your Florida legislators on the Seven Seas Cruising Association website,
www.SSCA.org. Tell anybody you think might be affected - other boaters,
merchants, local law enforcement agencies, community leaders - and direct
them to the same resources.
.. Visit www.SSCA.org for links to representatives of the marine industry as
well as information about the organization itself.
.. Attend the May 18 meeting at Miami Beach City Hall, 1700 Convention Center
Drive, Miami Beach FL, 33139
.. Follow movement of the bill at www.miamibeachfl.gov.
.. Find your legislators at www.myFlorida.com.
.. Email or write to:
Mayor David Dermer:
City Staff Attorney Gary Held:
City Manager Jorge Gonzalez:
Commissioners:
Matti Bower:
Jose Smith:
Saul Gross:
Richard Steinberg:
Simon Cruz:
Luis Garcia:
.. National Marine Manufactures Association (NMMA), Thom Dammrich, President
200 Randolph Drive, Suite 5100, Chicago, IL 60601-6528
(312) 946-6200, (312) 946-0401-fax; www.nmma.org and www.discoverboating.com
The NMMA sponsors the annual Miami Boat Show, held simultaneously in three
venues in Miami Beach and two venues in Miami. Relocating even one of the
sites out of Miami Beach and into Miami would send a significant economic
message.
.. Marine Industries Association of South Florida, 2312 S Andrews Blvd, Ft
Lauderdale, FL 33316
(954) 524-2733, www.miasf.org
MIASF is a marine trade association lobby group.


Richard Blackford
Vice President, at the direction of the SSCA Board of Directors

Who wants to be cruising somewhere you're not wanted?
Stay somewhere else. All hundred thousand cruisers don't make a molehill
compared to the taxes paid by Miami Beach residents, it's their city, leave
them alone!

Jack

"krj" wrote in message
. ..
Miami Beach 72-hour Anchoring Ordinance

On April 20, 2005 cruising sailors suffered another blow to their
anchoring
rights when the Mayor and City Commissioners of Miami Beach, Florida
unanimously passed a bill prohibiting anchoring within city limits for
periods longer than 72 hours. The last hurdle before the bill becomes law
is a second public reading that will take place on Wednesday, May 18, 2005
at a public hearing in Commission Chambers at Miami Beach City Hall.
Miami Beach has become a favorite staging and provisioning location for a
large percentage of the estimated 100,000 boaters bound for the Bahamas,
in
addition to boats headed for the Caribbean and Florida Keys each year.
Businesses in Miami Beach that serve the cruising community were not
consulted regarding the economic impact of the action. However, one
commissioner was somehow able to determine that "the amount of money spent
[by these boaters] was miniscule."
For cruising boats crossing the often turbulent Gulf Stream, concerns are
larger than where to provision. While another commissioner claimed with
authority that "72 hours was sufficient" time to wait for weather, those
of
us who have made the crossing know that small craft warnings are often
posted for weeks at a time during the winter months, making the passage
dangerous for many. This extremely brief window will undoubtedly create a
situation that will force captains to decide between harassment and fines
or
subjecting their boats and crews to seas neither were meant to handle.
Fortunately, there is an exception to the 72-hour limit during periods
when
hurricane warnings are in effect or when members of the crew are sick.
The reason most often cited by the eight or so residents who spoke in
favor
of the restriction was the visual intrusion associated with vessels
anchored
near their expensive waterfront homes. Also cited were theft, trespass,
and
pollution. Dr. Morris Sunshine, Chairman of the Miami Beach Marine
Authority, an advisory group on marine matters, testified before
Commissioners that the Commander of the Miami Beach Marine Patrol was
questioned by the Authority and could not cite a single case of theft
attributable to the cruising community. The Commissioners ignored Dr.
Sunshine's request to firmly instruct the City Manager to start planning
to
install a mooring field and to designate a legal anchoring area.
In contrast to cities like Vero Beach, Florida where forward-looking
leaders
implemented well-thought-out plans that cleaned up derelict boats from the
harbor, accommodated seasonal boaters, and brought revenue to the city and
local businesses, the Miami Beach leadership's plan is to spend $1.75
million over the next two years to enforce a legally questionable
ordinance
that chases legitimate boaters and their business away while leaving the
real problems behind.
After last year's hurricane season, the Florida Legislature is being
pressured to allow marina operators to force boat owners out of the
marinas
during major storms. Therefore, it makes far more sense to spend money to
provide a harbor with safe, heavy-duty moorings that will protect
residents'
boats during hurricanes in the summer, and accommodate transient boats
year
round. The City can then prohibit anchoring elsewhere, protecting the
seabed and eliminating derelict boats, if it so chooses. It's ironic that
a
city that spends millions each year to attract tourists, and hosts the
largest boat show in the U.S., is trying to pass a law that will chase a
large and responsible group of boaters out of local waters.
This ordinance is full of holes and could be defeated by a coalition of
boaters who are losing their rights, local businesses whose profits will
suffer, and residents who will bear the $1.75 million enforcement price
tag
that benefits a handful of Miami Beach's wealthiest residents. Local
regulators rely on the assumption that sailors have little interest in
waging political/legal battles; so in addition to local action, we must
also
address this issue through the state legislature and courts.
The marine industry is one of Florida's largest - it's time for businesses
to realize that they must persuade lawmakers in Tallahassee to protect
boaters' right of access to safe haven before there are no boaters left to
buy their products. The two primary marine trade associations that may be
able to achieve a workable solution to this situation are listed below.
WHAT YOU CAN DO
Write or e-mail the people or associations below. Tell them about your
boating habits - where you cruise, how much you spend, what your safety
issues are, that you're a member of SSCA and what clean wake cruising
means.
You will also find links to other representatives of the marine industry
and
to your Florida legislators on the Seven Seas Cruising Association
website,
www.SSCA.org. Tell anybody you think might be affected - other boaters,
merchants, local law enforcement agencies, community leaders - and direct
them to the same resources.
. Visit www.SSCA.org for links to representatives of the marine industry
as
well as information about the organization itself.
. Attend the May 18 meeting at Miami Beach City Hall, 1700 Convention
Center
Drive, Miami Beach FL, 33139
. Follow movement of the bill at www.miamibeachfl.gov.
. Find your legislators at www.myFlorida.com.
. Email or write to:
Mayor David Dermer:
City Staff Attorney Gary Held:
City Manager Jorge Gonzalez:
Commissioners:
Matti Bower:
Jose Smith:
Saul Gross:
Richard Steinberg:
Simon Cruz:
Luis Garcia:
. National Marine Manufactures Association (NMMA), Thom Dammrich,
President
200 Randolph Drive, Suite 5100, Chicago, IL 60601-6528
(312) 946-6200, (312) 946-0401-fax; www.nmma.org and
www.discoverboating.com
The NMMA sponsors the annual Miami Boat Show, held simultaneously in three
venues in Miami Beach and two venues in Miami. Relocating even one of the
sites out of Miami Beach and into Miami would send a significant economic
message.
. Marine Industries Association of South Florida, 2312 S Andrews Blvd, Ft
Lauderdale, FL 33316
(954) 524-2733, www.miasf.org
MIASF is a marine trade association lobby group.


Richard Blackford
Vice President, at the direction of the SSCA Board of Directors

Stick to spreading misinformation on radio issues Jack. Leave cruising
issues
to cruisers.

Doug

"Jack Painter" wrote in message
news:1JTbe.39$qV3.13@lakeread04...
Who wants to be cruising somewhere you're not wanted?
Stay somewhere else. All hundred thousand cruisers don't make a molehill
compared to the taxes paid by Miami Beach residents, it's their city,
leave
them alone!

Jack

"krj" wrote in message
. ..
Miami Beach 72-hour Anchoring Ordinance

On April 20, 2005 cruising sailors suffered another blow to their
anchoring
rights when the Mayor and City Commissioners of Miami Beach, Florida
unanimously passed a bill prohibiting anchoring within city limits for
periods longer than 72 hours. The last hurdle before the bill becomes
law
is a second public reading that will take place on Wednesday, May 18,
2005
at a public hearing in Commission Chambers at Miami Beach City Hall.
Miami Beach has become a favorite staging and provisioning location for a
large percentage of the estimated 100,000 boaters bound for the Bahamas,
in
addition to boats headed for the Caribbean and Florida Keys each year.
Businesses in Miami Beach that serve the cruising community were not
consulted regarding the economic impact of the action. However, one
commissioner was somehow able to determine that "the amount of money
spent
[by these boaters] was miniscule."
For cruising boats crossing the often turbulent Gulf Stream, concerns are
larger than where to provision. While another commissioner claimed with
authority that "72 hours was sufficient" time to wait for weather, those
of
us who have made the crossing know that small craft warnings are often
posted for weeks at a time during the winter months, making the passage
dangerous for many. This extremely brief window will undoubtedly create
a
situation that will force captains to decide between harassment and fines
or
subjecting their boats and crews to seas neither were meant to handle.
Fortunately, there is an exception to the 72-hour limit during periods
when
hurricane warnings are in effect or when members of the crew are sick.
The reason most often cited by the eight or so residents who spoke in
favor
of the restriction was the visual intrusion associated with vessels
anchored
near their expensive waterfront homes. Also cited were theft, trespass,
and
pollution. Dr. Morris Sunshine, Chairman of the Miami Beach Marine
Authority, an advisory group on marine matters, testified before
Commissioners that the Commander of the Miami Beach Marine Patrol was
questioned by the Authority and could not cite a single case of theft
attributable to the cruising community. The Commissioners ignored Dr.
Sunshine's request to firmly instruct the City Manager to start planning
to
install a mooring field and to designate a legal anchoring area.
In contrast to cities like Vero Beach, Florida where forward-looking
leaders
implemented well-thought-out plans that cleaned up derelict boats from
the
harbor, accommodated seasonal boaters, and brought revenue to the city
and
local businesses, the Miami Beach leadership's plan is to spend $1.75
million over the next two years to enforce a legally questionable
ordinance
that chases legitimate boaters and their business away while leaving the
real problems behind.
After last year's hurricane season, the Florida Legislature is being
pressured to allow marina operators to force boat owners out of the
marinas
during major storms. Therefore, it makes far more sense to spend money
to
provide a harbor with safe, heavy-duty moorings that will protect
residents'
boats during hurricanes in the summer, and accommodate transient boats
year
round. The City can then prohibit anchoring elsewhere, protecting the
seabed and eliminating derelict boats, if it so chooses. It's ironic
that
a
city that spends millions each year to attract tourists, and hosts the
largest boat show in the U.S., is trying to pass a law that will chase a
large and responsible group of boaters out of local waters.
This ordinance is full of holes and could be defeated by a coalition of
boaters who are losing their rights, local businesses whose profits will
suffer, and residents who will bear the $1.75 million enforcement price
tag
that benefits a handful of Miami Beach's wealthiest residents. Local
regulators rely on the assumption that sailors have little interest in
waging political/legal battles; so in addition to local action, we must
also
address this issue through the state legislature and courts.
The marine industry is one of Florida's largest - it's time for
businesses
to realize that they must persuade lawmakers in Tallahassee to protect
boaters' right of access to safe haven before there are no boaters left
to
buy their products. The two primary marine trade associations that may
be
able to achieve a workable solution to this situation are listed below.
WHAT YOU CAN DO
Write or e-mail the people or associations below. Tell them about your
boating habits - where you cruise, how much you spend, what your safety
issues are, that you're a member of SSCA and what clean wake cruising
means.
You will also find links to other representatives of the marine industry
and
to your Florida legislators on the Seven Seas Cruising Association
website,
www.SSCA.org. Tell anybody you think might be affected - other boaters,
merchants, local law enforcement agencies, community leaders - and direct
them to the same resources.
. Visit www.SSCA.org for links to representatives of the marine industry
as
well as information about the organization itself.
. Attend the May 18 meeting at Miami Beach City Hall, 1700 Convention
Center
Drive, Miami Beach FL, 33139
. Follow movement of the bill at www.miamibeachfl.gov.
. Find your legislators at www.myFlorida.com.
. Email or write to:
Mayor David Dermer:
City Staff Attorney Gary Held:
City Manager Jorge Gonzalez:
Commissioners:
Matti Bower:
Jose Smith:
Saul Gross:
Richard Steinberg:
Simon Cruz:
Luis Garcia:
. National Marine Manufactures Association (NMMA), Thom Dammrich,
President
200 Randolph Drive, Suite 5100, Chicago, IL 60601-6528
(312) 946-6200, (312) 946-0401-fax; www.nmma.org and
www.discoverboating.com
The NMMA sponsors the annual Miami Boat Show, held simultaneously in
three
venues in Miami Beach and two venues in Miami. Relocating even one of
the
sites out of Miami Beach and into Miami would send a significant economic
message.
. Marine Industries Association of South Florida, 2312 S Andrews Blvd, Ft
Lauderdale, FL 33316
(954) 524-2733, www.miasf.org
MIASF is a marine trade association lobby group.


Richard Blackford
Vice President, at the direction of the SSCA Board of Directors

"Doug Dotson" wrote

Stick to spreading misinformation on radio issues Jack. Leave cruising
issues
to cruisers.

Doug


It's true that your claimed expertise with amateur radio left you
nonetheless very confused on a few marine radio issues. I have also cruised
Florida, by sail and power. Exactly what form of "cruiser" are you taking a
position for this time Doug? When was the last time you wanted to anchor
inside the city limits of any (U.S.) city you visited for more than 72
hours?

That describes the kind of boat-bums that the legislation was designed to
prevent, and whatever else you may be, I'll bet you stayed overnight at nice
marinas when transiting areas like Miami Beach, if you stopped there at all.
But then maybe that's not the issue at all. Maybe you just can't resist
another dig at me, like the last one you took which I never responded to.

Jack

"Jack Painter" wrote in message
news:1JTbe.39$qV3.13@lakeread04...
Who wants to be cruising somewhere you're not wanted?
Stay somewhere else. All hundred thousand cruisers don't make a molehill
compared to the taxes paid by Miami Beach residents, it's their city,
leave
them alone!

Jack

"krj" wrote in message
. ..
Miami Beach 72-hour Anchoring Ordinance

On April 20, 2005 cruising sailors suffered another blow to their
anchoring
rights when the Mayor and City Commissioners of Miami Beach, Florida
unanimously passed a bill prohibiting anchoring within city limits for
periods longer than 72 hours. The last hurdle before the bill becomes
law
is a second public reading that will take place on Wednesday, May 18,
2005
at a public hearing in Commission Chambers at Miami Beach City Hall.
Miami Beach has become a favorite staging and provisioning location for
a
large percentage of the estimated 100,000 boaters bound for the
Bahamas,
in
addition to boats headed for the Caribbean and Florida Keys each year.
Businesses in Miami Beach that serve the cruising community were not
consulted regarding the economic impact of the action. However, one
commissioner was somehow able to determine that "the amount of money
spent
[by these boaters] was miniscule."
For cruising boats crossing the often turbulent Gulf Stream, concerns
are
larger than where to provision. While another commissioner claimed
with
authority that "72 hours was sufficient" time to wait for weather,
those
of
us who have made the crossing know that small craft warnings are often
posted for weeks at a time during the winter months, making the passage
dangerous for many. This extremely brief window will undoubtedly
create
a
situation that will force captains to decide between harassment and
fines
or
subjecting their boats and crews to seas neither were meant to handle.
Fortunately, there is an exception to the 72-hour limit during periods
when
hurricane warnings are in effect or when members of the crew are sick.
The reason most often cited by the eight or so residents who spoke in
favor
of the restriction was the visual intrusion associated with vessels
anchored
near their expensive waterfront homes. Also cited were theft,
trespass,
and
pollution. Dr. Morris Sunshine, Chairman of the Miami Beach Marine
Authority, an advisory group on marine matters, testified before
Commissioners that the Commander of the Miami Beach Marine Patrol was
questioned by the Authority and could not cite a single case of theft
attributable to the cruising community. The Commissioners ignored Dr.
Sunshine's request to firmly instruct the City Manager to start
planning
to
install a mooring field and to designate a legal anchoring area.
In contrast to cities like Vero Beach, Florida where forward-looking
leaders
implemented well-thought-out plans that cleaned up derelict boats from
the
harbor, accommodated seasonal boaters, and brought revenue to the city
and
local businesses, the Miami Beach leadership's plan is to spend $1.75
million over the next two years to enforce a legally questionable
ordinance
that chases legitimate boaters and their business away while leaving
the
real problems behind.
After last year's hurricane season, the Florida Legislature is being
pressured to allow marina operators to force boat owners out of the
marinas
during major storms. Therefore, it makes far more sense to spend money
to
provide a harbor with safe, heavy-duty moorings that will protect
residents'
boats during hurricanes in the summer, and accommodate transient boats
year
round. The City can then prohibit anchoring elsewhere, protecting the
seabed and eliminating derelict boats, if it so chooses. It's ironic
that
a
city that spends millions each year to attract tourists, and hosts the
largest boat show in the U.S., is trying to pass a law that will chase
a
large and responsible group of boaters out of local waters.
This ordinance is full of holes and could be defeated by a coalition of
boaters who are losing their rights, local businesses whose profits
will
suffer, and residents who will bear the $1.75 million enforcement price
tag
that benefits a handful of Miami Beach's wealthiest residents. Local
regulators rely on the assumption that sailors have little interest in
waging political/legal battles; so in addition to local action, we must
also
address this issue through the state legislature and courts.
The marine industry is one of Florida's largest - it's time for
businesses
to realize that they must persuade lawmakers in Tallahassee to protect
boaters' right of access to safe haven before there are no boaters left
to
buy their products. The two primary marine trade associations that may
be
able to achieve a workable solution to this situation are listed below.
WHAT YOU CAN DO
Write or e-mail the people or associations below. Tell them about your
boating habits - where you cruise, how much you spend, what your safety
issues are, that you're a member of SSCA and what clean wake cruising
means.
You will also find links to other representatives of the marine
industry
and
to your Florida legislators on the Seven Seas Cruising Association
website,
www.SSCA.org. Tell anybody you think might be affected - other
boaters,
merchants, local law enforcement agencies, community leaders - and
direct
them to the same resources.
. Visit www.SSCA.org for links to representatives of the marine
industry
as
well as information about the organization itself.
. Attend the May 18 meeting at Miami Beach City Hall, 1700 Convention
Center
Drive, Miami Beach FL, 33139
. Follow movement of the bill at www.miamibeachfl.gov.
. Find your legislators at www.myFlorida.com.
. Email or write to:
Mayor David Dermer:
City Staff Attorney Gary Held:
City Manager Jorge Gonzalez:
Commissioners:
Matti Bower:
Jose Smith:
Saul Gross:
Richard Steinberg:
Simon Cruz:
Luis Garcia:
. National Marine Manufactures Association (NMMA), Thom Dammrich,
President
200 Randolph Drive, Suite 5100, Chicago, IL 60601-6528
(312) 946-6200, (312) 946-0401-fax; www.nmma.org and
www.discoverboating.com
The NMMA sponsors the annual Miami Boat Show, held simultaneously in
three
venues in Miami Beach and two venues in Miami. Relocating even one of
the
sites out of Miami Beach and into Miami would send a significant
economic
message.
. Marine Industries Association of South Florida, 2312 S Andrews Blvd,
Ft
Lauderdale, FL 33316
(954) 524-2733, www.miasf.org
MIASF is a marine trade association lobby group.


Richard Blackford
Vice President, at the direction of the SSCA Board of Directors

If you stop for a minute to think about it, this is not a very bad thing for
cruisers since a "72 hour" ordinance covering all of Miami Beach waters is
practically unenforceable. The law will give local law enforcement a way to
roust boaters who are trying to squat permanently in one spot. But how are
they going to keep track of a cruiser waiting to cross the Gulf Stream who
can move from spot to spot every couple of days while waiting for a weather
window? I am against this kind of anti cruiser legislation, but I don't see
this particular ordinance as much of a threat. If it were 24 hour limit,
then it would be more of a problem.


"krj" wrote in message
. ..
Miami Beach 72-hour Anchoring Ordinance

On April 20, 2005 cruising sailors suffered another blow to their
anchoring
rights when the Mayor and City Commissioners of Miami Beach, Florida
unanimously passed a bill prohibiting anchoring within city limits for
periods longer than 72 hours. The last hurdle before the bill becomes law
is a second public reading that will take place on Wednesday, May 18, 2005
at a public hearing in Commission Chambers at Miami Beach City Hall.
Miami Beach has become a favorite staging and provisioning location for a
large percentage of the estimated 100,000 boaters bound for the Bahamas,
in
addition to boats headed for the Caribbean and Florida Keys each year.
Businesses in Miami Beach that serve the cruising community were not
consulted regarding the economic impact of the action. However, one
commissioner was somehow able to determine that "the amount of money spent
[by these boaters] was miniscule."
For cruising boats crossing the often turbulent Gulf Stream, concerns are
larger than where to provision. While another commissioner claimed with
authority that "72 hours was sufficient" time to wait for weather, those
of
us who have made the crossing know that small craft warnings are often
posted for weeks at a time during the winter months, making the passage
dangerous for many. This extremely brief window will undoubtedly create a
situation that will force captains to decide between harassment and fines
or
subjecting their boats and crews to seas neither were meant to handle.
Fortunately, there is an exception to the 72-hour limit during periods
when
hurricane warnings are in effect or when members of the crew are sick.
The reason most often cited by the eight or so residents who spoke in
favor
of the restriction was the visual intrusion associated with vessels
anchored
near their expensive waterfront homes. Also cited were theft, trespass,
and
pollution. Dr. Morris Sunshine, Chairman of the Miami Beach Marine
Authority, an advisory group on marine matters, testified before
Commissioners that the Commander of the Miami Beach Marine Patrol was
questioned by the Authority and could not cite a single case of theft
attributable to the cruising community. The Commissioners ignored Dr.
Sunshine's request to firmly instruct the City Manager to start planning
to
install a mooring field and to designate a legal anchoring area.
In contrast to cities like Vero Beach, Florida where forward-looking
leaders
implemented well-thought-out plans that cleaned up derelict boats from the
harbor, accommodated seasonal boaters, and brought revenue to the city and
local businesses, the Miami Beach leadership's plan is to spend $1.75
million over the next two years to enforce a legally questionable
ordinance
that chases legitimate boaters and their business away while leaving the
real problems behind.
After last year's hurricane season, the Florida Legislature is being
pressured to allow marina operators to force boat owners out of the
marinas
during major storms. Therefore, it makes far more sense to spend money to
provide a harbor with safe, heavy-duty moorings that will protect
residents'
boats during hurricanes in the summer, and accommodate transient boats
year
round. The City can then prohibit anchoring elsewhere, protecting the
seabed and eliminating derelict boats, if it so chooses. It's ironic that
a
city that spends millions each year to attract tourists, and hosts the
largest boat show in the U.S., is trying to pass a law that will chase a
large and responsible group of boaters out of local waters.
This ordinance is full of holes and could be defeated by a coalition of
boaters who are losing their rights, local businesses whose profits will
suffer, and residents who will bear the $1.75 million enforcement price
tag
that benefits a handful of Miami Beach's wealthiest residents. Local
regulators rely on the assumption that sailors have little interest in
waging political/legal battles; so in addition to local action, we must
also
address this issue through the state legislature and courts.
The marine industry is one of Florida's largest - it's time for businesses
to realize that they must persuade lawmakers in Tallahassee to protect
boaters' right of access to safe haven before there are no boaters left to
buy their products. The two primary marine trade associations that may be
able to achieve a workable solution to this situation are listed below.
WHAT YOU CAN DO
Write or e-mail the people or associations below. Tell them about your
boating habits - where you cruise, how much you spend, what your safety
issues are, that you're a member of SSCA and what clean wake cruising
means.
You will also find links to other representatives of the marine industry
and
to your Florida legislators on the Seven Seas Cruising Association
website,
www.SSCA.org. Tell anybody you think might be affected - other boaters,
merchants, local law enforcement agencies, community leaders - and direct
them to the same resources.
. Visit www.SSCA.org for links to representatives of the marine industry
as
well as information about the organization itself.
. Attend the May 18 meeting at Miami Beach City Hall, 1700 Convention
Center
Drive, Miami Beach FL, 33139
. Follow movement of the bill at www.miamibeachfl.gov.
. Find your legislators at www.myFlorida.com.
. Email or write to:
Mayor David Dermer:
City Staff Attorney Gary Held:
City Manager Jorge Gonzalez:
Commissioners:
Matti Bower:
Jose Smith:
Saul Gross:
Richard Steinberg:
Simon Cruz:
Luis Garcia:
. National Marine Manufactures Association (NMMA), Thom Dammrich,
President
200 Randolph Drive, Suite 5100, Chicago, IL 60601-6528
(312) 946-6200, (312) 946-0401-fax; www.nmma.org and
www.discoverboating.com
The NMMA sponsors the annual Miami Boat Show, held simultaneously in three
venues in Miami Beach and two venues in Miami. Relocating even one of the
sites out of Miami Beach and into Miami would send a significant economic
message.
. Marine Industries Association of South Florida, 2312 S Andrews Blvd, Ft
Lauderdale, FL 33316
(954) 524-2733, www.miasf.org
MIASF is a marine trade association lobby group.


Richard Blackford
Vice President, at the direction of the SSCA Board of Directors

"Jack Painter" wrote in message
news:OdVbe.47$qV3.34@lakeread04...

"Doug Dotson" wrote

Stick to spreading misinformation on radio issues Jack. Leave cruising
issues
to cruisers.

Doug


It's true that your claimed expertise with amateur radio left you
nonetheless very confused on a few marine radio issues. I have also
cruised
Florida, by sail and power. Exactly what form of "cruiser" are you taking
a
position for this time Doug?

What are the choices?

When was the last time you wanted to anchor
inside the city limits of any (U.S.) city you visited for more than 72
hours?

Last weekend.

That describes the kind of boat-bums that the legislation was designed to
prevent, and whatever else you may be, I'll bet you stayed overnight at
nice
marinas when transiting areas like Miami Beach, if you stopped there at
all.

Rarely stay at marinas. Miami Beach isn;t high on my list of places to
visit anyway.

But then maybe that's not the issue at all. Maybe you just can't resist
another dig at me, like the last one you took which I never responded to.

Didn;t take much this time did it?

Jack

"Jack Painter" wrote in message
news:1JTbe.39$qV3.13@lakeread04...
Who wants to be cruising somewhere you're not wanted?
Stay somewhere else. All hundred thousand cruisers don't make a
molehill
compared to the taxes paid by Miami Beach residents, it's their city,
leave
them alone!

Jack

"krj" wrote in message
. ..
Miami Beach 72-hour Anchoring Ordinance

On April 20, 2005 cruising sailors suffered another blow to their
anchoring
rights when the Mayor and City Commissioners of Miami Beach, Florida
unanimously passed a bill prohibiting anchoring within city limits for
periods longer than 72 hours. The last hurdle before the bill becomes
law
is a second public reading that will take place on Wednesday, May 18,
2005
at a public hearing in Commission Chambers at Miami Beach City Hall.
Miami Beach has become a favorite staging and provisioning location
for
a
large percentage of the estimated 100,000 boaters bound for the
Bahamas,
in
addition to boats headed for the Caribbean and Florida Keys each year.
Businesses in Miami Beach that serve the cruising community were not
consulted regarding the economic impact of the action. However, one
commissioner was somehow able to determine that "the amount of money
spent
[by these boaters] was miniscule."
For cruising boats crossing the often turbulent Gulf Stream, concerns
are
larger than where to provision. While another commissioner claimed
with
authority that "72 hours was sufficient" time to wait for weather,
those
of
us who have made the crossing know that small craft warnings are often
posted for weeks at a time during the winter months, making the
passage
dangerous for many. This extremely brief window will undoubtedly
create
a
situation that will force captains to decide between harassment and
fines
or
subjecting their boats and crews to seas neither were meant to handle.
Fortunately, there is an exception to the 72-hour limit during periods
when
hurricane warnings are in effect or when members of the crew are sick.
The reason most often cited by the eight or so residents who spoke in
favor
of the restriction was the visual intrusion associated with vessels
anchored
near their expensive waterfront homes. Also cited were theft,
trespass,
and
pollution. Dr. Morris Sunshine, Chairman of the Miami Beach Marine
Authority, an advisory group on marine matters, testified before
Commissioners that the Commander of the Miami Beach Marine Patrol was
questioned by the Authority and could not cite a single case of theft
attributable to the cruising community. The Commissioners ignored Dr.
Sunshine's request to firmly instruct the City Manager to start
planning
to
install a mooring field and to designate a legal anchoring area.
In contrast to cities like Vero Beach, Florida where forward-looking
leaders
implemented well-thought-out plans that cleaned up derelict boats from
the
harbor, accommodated seasonal boaters, and brought revenue to the city
and
local businesses, the Miami Beach leadership's plan is to spend $1.75
million over the next two years to enforce a legally questionable
ordinance
that chases legitimate boaters and their business away while leaving
the
real problems behind.
After last year's hurricane season, the Florida Legislature is being
pressured to allow marina operators to force boat owners out of the
marinas
during major storms. Therefore, it makes far more sense to spend
money
to
provide a harbor with safe, heavy-duty moorings that will protect
residents'
boats during hurricanes in the summer, and accommodate transient boats
year
round. The City can then prohibit anchoring elsewhere, protecting the
seabed and eliminating derelict boats, if it so chooses. It's ironic
that
a
city that spends millions each year to attract tourists, and hosts the
largest boat show in the U.S., is trying to pass a law that will chase
a
large and responsible group of boaters out of local waters.
This ordinance is full of holes and could be defeated by a coalition
of
boaters who are losing their rights, local businesses whose profits
will
suffer, and residents who will bear the $1.75 million enforcement
price
tag
that benefits a handful of Miami Beach's wealthiest residents. Local
regulators rely on the assumption that sailors have little interest in
waging political/legal battles; so in addition to local action, we
must
also
address this issue through the state legislature and courts.
The marine industry is one of Florida's largest - it's time for
businesses
to realize that they must persuade lawmakers in Tallahassee to protect
boaters' right of access to safe haven before there are no boaters
left
to
buy their products. The two primary marine trade associations that
may
be
able to achieve a workable solution to this situation are listed
below.
WHAT YOU CAN DO
Write or e-mail the people or associations below. Tell them about
your
boating habits - where you cruise, how much you spend, what your
safety
issues are, that you're a member of SSCA and what clean wake cruising
means.
You will also find links to other representatives of the marine
industry
and
to your Florida legislators on the Seven Seas Cruising Association
website,
www.SSCA.org. Tell anybody you think might be affected - other
boaters,
merchants, local law enforcement agencies, community leaders - and
direct
them to the same resources.
. Visit www.SSCA.org for links to representatives of the marine
industry
as
well as information about the organization itself.
. Attend the May 18 meeting at Miami Beach City Hall, 1700 Convention
Center
Drive, Miami Beach FL, 33139
. Follow movement of the bill at www.miamibeachfl.gov.
. Find your legislators at www.myFlorida.com.
. Email or write to:
Mayor David Dermer:
City Staff Attorney Gary Held:
City Manager Jorge Gonzalez:
Commissioners:
Matti Bower:
Jose Smith:
Saul Gross:
Richard Steinberg:
Simon Cruz:
Luis Garcia:
. National Marine Manufactures Association (NMMA), Thom Dammrich,
President
200 Randolph Drive, Suite 5100, Chicago, IL 60601-6528
(312) 946-6200, (312) 946-0401-fax; www.nmma.org and
www.discoverboating.com
The NMMA sponsors the annual Miami Boat Show, held simultaneously in
three
venues in Miami Beach and two venues in Miami. Relocating even one of
the
sites out of Miami Beach and into Miami would send a significant
economic
message.
. Marine Industries Association of South Florida, 2312 S Andrews Blvd,
Ft
Lauderdale, FL 33316
(954) 524-2733, www.miasf.org
MIASF is a marine trade association lobby group.


Richard Blackford
Vice President, at the direction of the SSCA Board of Directors

tkranz wrote:
If you stop for a minute to think about it, this is not a very bad thing for
cruisers since a "72 hour" ordinance covering all of Miami Beach waters is
practically unenforceable. The law will give local law enforcement a way to
roust boaters who are trying to squat permanently in one spot. But how are
they going to keep track of a cruiser waiting to cross the Gulf Stream who
can move from spot to spot every couple of days while waiting for a weather
window? I am against this kind of anti cruiser legislation, but I don't see
this particular ordinance as much of a threat. If it were 24 hour limit,
then it would be more of a problem.


"krj" wrote in message
. ..

Miami Beach 72-hour Anchoring Ordinance

On April 20, 2005 cruising sailors suffered another blow to their

anchoring

rights when the Mayor and City Commissioners of Miami Beach, Florida
unanimously passed a bill prohibiting anchoring within city limits for
periods longer than 72 hours. The last hurdle before the bill becomes law
is a second public reading that will take place on Wednesday, May 18, 2005
at a public hearing in Commission Chambers at Miami Beach City Hall.
Miami Beach has become a favorite staging and provisioning location for a
large percentage of the estimated 100,000 boaters bound for the Bahamas,

in

addition to boats headed for the Caribbean and Florida Keys each year.
Businesses in Miami Beach that serve the cruising community were not
consulted regarding the economic impact of the action. However, one
commissioner was somehow able to determine that "the amount of money spent
[by these boaters] was miniscule."
For cruising boats crossing the often turbulent Gulf Stream, concerns are
larger than where to provision. While another commissioner claimed with
authority that "72 hours was sufficient" time to wait for weather, those

of

us who have made the crossing know that small craft warnings are often
posted for weeks at a time during the winter months, making the passage
dangerous for many. This extremely brief window will undoubtedly create a
situation that will force captains to decide between harassment and fines

or

subjecting their boats and crews to seas neither were meant to handle.
Fortunately, there is an exception to the 72-hour limit during periods

when

hurricane warnings are in effect or when members of the crew are sick.
The reason most often cited by the eight or so residents who spoke in

favor

of the restriction was the visual intrusion associated with vessels

anchored

near their expensive waterfront homes. Also cited were theft, trespass,

and

pollution. Dr. Morris Sunshine, Chairman of the Miami Beach Marine
Authority, an advisory group on marine matters, testified before
Commissioners that the Commander of the Miami Beach Marine Patrol was
questioned by the Authority and could not cite a single case of theft
attributable to the cruising community. The Commissioners ignored Dr.
Sunshine's request to firmly instruct the City Manager to start planning

to

install a mooring field and to designate a legal anchoring area.
In contrast to cities like Vero Beach, Florida where forward-looking

leaders

implemented well-thought-out plans that cleaned up derelict boats from the
harbor, accommodated seasonal boaters, and brought revenue to the city and
local businesses, the Miami Beach leadership's plan is to spend $1.75
million over the next two years to enforce a legally questionable

ordinance

that chases legitimate boaters and their business away while leaving the
real problems behind.
After last year's hurricane season, the Florida Legislature is being
pressured to allow marina operators to force boat owners out of the

marinas

during major storms. Therefore, it makes far more sense to spend money to
provide a harbor with safe, heavy-duty moorings that will protect

residents'

boats during hurricanes in the summer, and accommodate transient boats

year

round. The City can then prohibit anchoring elsewhere, protecting the
seabed and eliminating derelict boats, if it so chooses. It's ironic that

a

city that spends millions each year to attract tourists, and hosts the
largest boat show in the U.S., is trying to pass a law that will chase a
large and responsible group of boaters out of local waters.
This ordinance is full of holes and could be defeated by a coalition of
boaters who are losing their rights, local businesses whose profits will
suffer, and residents who will bear the $1.75 million enforcement price

tag

that benefits a handful of Miami Beach's wealthiest residents. Local
regulators rely on the assumption that sailors have little interest in
waging political/legal battles; so in addition to local action, we must

also

address this issue through the state legislature and courts.
The marine industry is one of Florida's largest - it's time for businesses
to realize that they must persuade lawmakers in Tallahassee to protect
boaters' right of access to safe haven before there are no boaters left to
buy their products. The two primary marine trade associations that may be
able to achieve a workable solution to this situation are listed below.
WHAT YOU CAN DO
Write or e-mail the people or associations below. Tell them about your
boating habits - where you cruise, how much you spend, what your safety
issues are, that you're a member of SSCA and what clean wake cruising

means.

You will also find links to other representatives of the marine industry

and

to your Florida legislators on the Seven Seas Cruising Association

website,

www.SSCA.org. Tell anybody you think might be affected - other boaters,
merchants, local law enforcement agencies, community leaders - and direct
them to the same resources.
. Visit www.SSCA.org for links to representatives of the marine industry

as

well as information about the organization itself.
. Attend the May 18 meeting at Miami Beach City Hall, 1700 Convention

Center

Drive, Miami Beach FL, 33139
. Follow movement of the bill at www.miamibeachfl.gov.
. Find your legislators at www.myFlorida.com.
. Email or write to:
Mayor David Dermer:
City Staff Attorney Gary Held:
City Manager Jorge Gonzalez:
Commissioners:
Matti Bower:
Jose Smith:
Saul Gross:
Richard Steinberg:
Simon Cruz:
Luis Garcia:
. National Marine Manufactures Association (NMMA), Thom Dammrich,

President

200 Randolph Drive, Suite 5100, Chicago, IL 60601-6528
(312) 946-6200, (312) 946-0401-fax; www.nmma.org and

www.discoverboating.com

The NMMA sponsors the annual Miami Boat Show, held simultaneously in three
venues in Miami Beach and two venues in Miami. Relocating even one of the
sites out of Miami Beach and into Miami would send a significant economic
message.
. Marine Industries Association of South Florida, 2312 S Andrews Blvd, Ft
Lauderdale, FL 33316
(954) 524-2733, www.miasf.org
MIASF is a marine trade association lobby group.


Richard Blackford
Vice President, at the direction of the SSCA Board of Directors



It will be enforceable because the marine patrol will keep a list of the
boat names and they patrol all the available anchoring areas. Boat name
shows up on the list on the fourth day, citation. Quite often in the
fall and winter you have to wait for a week or more for a good weather
window. While waiting, a lot of cruisers avail themselves of the local
restaurants, re-provisioning, nightlife, etc. The local merchants had no
input to this ordinance. Just another case of big money buying favors again.
krj

The same thing was tried at North Lake Worth a few years
back. Turns out that enforcing such a law is generally in violation
of maritime law. Boat US and a bunch of boater/lawyers pitched
in a got it shot down. I suspect that this situation will be resolved
in much the same manner.


"tkranz" wrote in message
...
If you stop for a minute to think about it, this is not a very bad thing
for
cruisers since a "72 hour" ordinance covering all of Miami Beach waters is
practically unenforceable. The law will give local law enforcement a way
to
roust boaters who are trying to squat permanently in one spot. But how
are
they going to keep track of a cruiser waiting to cross the Gulf Stream who
can move from spot to spot every couple of days while waiting for a
weather
window? I am against this kind of anti cruiser legislation, but I don't
see
this particular ordinance as much of a threat. If it were 24 hour limit,
then it would be more of a problem.


"krj" wrote in message
. ..
Miami Beach 72-hour Anchoring Ordinance

On April 20, 2005 cruising sailors suffered another blow to their
anchoring
rights when the Mayor and City Commissioners of Miami Beach, Florida
unanimously passed a bill prohibiting anchoring within city limits for
periods longer than 72 hours. The last hurdle before the bill becomes
law
is a second public reading that will take place on Wednesday, May 18,
2005
at a public hearing in Commission Chambers at Miami Beach City Hall.
Miami Beach has become a favorite staging and provisioning location for a
large percentage of the estimated 100,000 boaters bound for the Bahamas,
in
addition to boats headed for the Caribbean and Florida Keys each year.
Businesses in Miami Beach that serve the cruising community were not
consulted regarding the economic impact of the action. However, one
commissioner was somehow able to determine that "the amount of money
spent
[by these boaters] was miniscule."
For cruising boats crossing the often turbulent Gulf Stream, concerns are
larger than where to provision. While another commissioner claimed with
authority that "72 hours was sufficient" time to wait for weather, those
of
us who have made the crossing know that small craft warnings are often
posted for weeks at a time during the winter months, making the passage
dangerous for many. This extremely brief window will undoubtedly create
a
situation that will force captains to decide between harassment and fines
or
subjecting their boats and crews to seas neither were meant to handle.
Fortunately, there is an exception to the 72-hour limit during periods
when
hurricane warnings are in effect or when members of the crew are sick.
The reason most often cited by the eight or so residents who spoke in
favor
of the restriction was the visual intrusion associated with vessels
anchored
near their expensive waterfront homes. Also cited were theft, trespass,
and
pollution. Dr. Morris Sunshine, Chairman of the Miami Beach Marine
Authority, an advisory group on marine matters, testified before
Commissioners that the Commander of the Miami Beach Marine Patrol was
questioned by the Authority and could not cite a single case of theft
attributable to the cruising community. The Commissioners ignored Dr.
Sunshine's request to firmly instruct the City Manager to start planning
to
install a mooring field and to designate a legal anchoring area.
In contrast to cities like Vero Beach, Florida where forward-looking
leaders
implemented well-thought-out plans that cleaned up derelict boats from
the
harbor, accommodated seasonal boaters, and brought revenue to the city
and
local businesses, the Miami Beach leadership's plan is to spend $1.75
million over the next two years to enforce a legally questionable
ordinance
that chases legitimate boaters and their business away while leaving the
real problems behind.
After last year's hurricane season, the Florida Legislature is being
pressured to allow marina operators to force boat owners out of the
marinas
during major storms. Therefore, it makes far more sense to spend money
to
provide a harbor with safe, heavy-duty moorings that will protect
residents'
boats during hurricanes in the summer, and accommodate transient boats
year
round. The City can then prohibit anchoring elsewhere, protecting the
seabed and eliminating derelict boats, if it so chooses. It's ironic
that
a
city that spends millions each year to attract tourists, and hosts the
largest boat show in the U.S., is trying to pass a law that will chase a
large and responsible group of boaters out of local waters.
This ordinance is full of holes and could be defeated by a coalition of
boaters who are losing their rights, local businesses whose profits will
suffer, and residents who will bear the $1.75 million enforcement price
tag
that benefits a handful of Miami Beach's wealthiest residents. Local
regulators rely on the assumption that sailors have little interest in
waging political/legal battles; so in addition to local action, we must
also
address this issue through the state legislature and courts.
The marine industry is one of Florida's largest - it's time for
businesses
to realize that they must persuade lawmakers in Tallahassee to protect
boaters' right of access to safe haven before there are no boaters left
to
buy their products. The two primary marine trade associations that may
be
able to achieve a workable solution to this situation are listed below.
WHAT YOU CAN DO
Write or e-mail the people or associations below. Tell them about your
boating habits - where you cruise, how much you spend, what your safety
issues are, that you're a member of SSCA and what clean wake cruising
means.
You will also find links to other representatives of the marine industry
and
to your Florida legislators on the Seven Seas Cruising Association
website,
www.SSCA.org. Tell anybody you think might be affected - other boaters,
merchants, local law enforcement agencies, community leaders - and direct
them to the same resources.
. Visit www.SSCA.org for links to representatives of the marine industry
as
well as information about the organization itself.
. Attend the May 18 meeting at Miami Beach City Hall, 1700 Convention
Center
Drive, Miami Beach FL, 33139
. Follow movement of the bill at www.miamibeachfl.gov.
. Find your legislators at www.myFlorida.com.
. Email or write to:
Mayor David Dermer:
City Staff Attorney Gary Held:
City Manager Jorge Gonzalez:
Commissioners:
Matti Bower:
Jose Smith:
Saul Gross:
Richard Steinberg:
Simon Cruz:
Luis Garcia:
. National Marine Manufactures Association (NMMA), Thom Dammrich,
President
200 Randolph Drive, Suite 5100, Chicago, IL 60601-6528
(312) 946-6200, (312) 946-0401-fax; www.nmma.org and
www.discoverboating.com
The NMMA sponsors the annual Miami Boat Show, held simultaneously in
three
venues in Miami Beach and two venues in Miami. Relocating even one of
the
sites out of Miami Beach and into Miami would send a significant economic
message.
. Marine Industries Association of South Florida, 2312 S Andrews Blvd, Ft
Lauderdale, FL 33316
(954) 524-2733, www.miasf.org
MIASF is a marine trade association lobby group.


Richard Blackford
Vice President, at the direction of the SSCA Board of Directors

"Doug Dotson" dougdotson@NOSPAMcablespeedNOSPAMcom wrote in message ...
The same thing was tried at North Lake Worth a few years
back. Turns out that enforcing such a law is generally in violation
of maritime law. Boat US and a bunch of boater/lawyers pitched
in a got it shot down. I suspect that this situation will be resolved
in much the same manner.

You are correct. In order for a violation to be valid there has to be
proof that a vessel was there *continuously* for 72 or more hours.
All one needs do is claim to have gone sailing and moved (even it if is
only a boatlength or two) and re-anchored and have a couple witnesses
testify to it. Unless the authorities can prove that a vessel did not move
(running a video tape 24/3) then you're not guilty. Remember, one is
innocent until proven guilty and the proving of guilt is very difficult,
if not impossible.

That's what shot down the anchoring ordinances in West Palm.

CN

"Dave" wrote
dougdotson@NOSPAMcablespeedNOSPAMcom said:

Turns out that enforcing such a law is generally in violation
of maritime law.

And the sea lawyer puts on his wig and argues to the court.

Roger that. City property is just what it says it is, city property. What
isn't city property in Miami Beach, FL, is already regulated by federal
authority.

Jack

[Code of Federal Regulations]
[Title 33, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR110.188]

[Page 396-397]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION

PART 110--ANCHORAGE REGULATIONS--Table of Contents

Subpart B--Anchorage Grounds

Sec. 110.188 Atlantic Ocean off Miami and Miami Beach, Fla.

(a) The anchorage grounds. The area to the eastward of a line
bearing 12 deg. (N. 12 deg. E.) through a point X, which is 1\1/2\
nautical miles due east of the intersection of the Miami Beach shore
line with the north jetty; to the northward of a line bearing 102 deg.
(S. 78 deg. E.) and intersecting the 12 deg. line at a point A, one-half
nautical mile north of the said point X; and to the southward of a line
bearing 102 deg. (S. 78 deg. E.) and intersecting the 12 deg. line at a
point B, 2\1/2\ nautical miles north of the said point X. The northern
and southern extremities of the 12 deg. line are marked by spar buoys.
The entire anchorage area lies north of the entrance channel to Miami
Harbor.
(b) The rules and regulations. (1) Except in cases of great
emergency, no vessel shall be anchored in the Atlantic Ocean in the
vicinity of the entrances to the approach channels leading to the cities
of Miami Beach and Miami, Fla., outside of the anchorage area hereby
defined and established--that is, they shall not anchor shoreward of the
line first named nor southward of the second nor northward of the third
line--but may anchor as far to the eastward as may be desired.
(2) Any vessel anchoring under circumstances of great emergency
outside of the anchorage area shall be shifted to new berths within the
area immediately after the emergency ceases.
(3) All vessels shall lie at anchor with as short a cable as
conditions will permit.
(4) A vessel upon being notified to move into the anchorage limits
or to shift its position on the anchorage ground must get under way at
once or signal for a tug, and must change position as directed with
reasonable promptness.
(5) Whenever the maritime or commercial interests of the United
States so require, the Captain of the Port, U.S. Coast Guard, Miami,
Fla., is hereby empowered to shift the position of any vessel anchored
on the anchorage ground or outside thereof, or of any vessel moored or
anchored so as to impede or obstruct vessel movements or obstruct or
interfere with range lights.
(6) Vessels carrying explosives shall be anchored only under a
written permit issued by the Captain of the Port and at such point as he
may direct.
(7) Vessels carrying explosives shall be at all times in charge of a
competent person, and must display by day a red flag, of not less than
16 square feet, at the masthead, or not less than 10 feet above the
upper deck if the vessel has no mast; at night a red light shall be
displayed in the positions specified for the red flag.
(8) Nothing in this paragraph shall be construed as relieving the
owner or person in charge of any vessel from the penalties of the law
for obstructing navigation, or for obstructing or interfering with range
lights, or for not complying with the navigation laws in regard to
lights, fog signals, or other aids to navigation, or for otherwise
violating law.
(9) All vessels desiring to use the Anchorage must notify the Coast
Guard Captain of the Port, via the Biscayne Bay Pilots on VHF-FM Channel
12 or 16.
(10) All vessels anchored within the anchorage area shall maintain a
24-hour bridge watch by an English speaking licensed deck officer
monitoring

[[Page 397]]

VHF-FM Channel 16. This individual shall perform frequent checks of the
vessel's position to ensure the vessel is not dragging anchor.
(11) Vessels experiencing casualties such as a main propulsion, main
steering or anchoring equipment malfunction or which are planning to
perform main propulsion engine repairs or maintenance, shall immediately
notify the Coast Guard Captain of the Port via the Coast Guard Group
Miami on VHF-FM Channel 16.
(12) The Coast Guard Captain of the Port may close the anchorage
area and direct vessels to depart the anchorage during periods of
adverse weather or at other times as deemed necessary in the interest of
port safety.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD07-99-002, 64
FR 22554, Apr. 27, 1999]