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From: John Owen (no email)
Date: Tue Jul 04 2006 - 10:42:04 EDT
Carl, the answer to our problem is contained in the last line of the reg..."
A commercial fishing boat is expressly excluded from the term "live-aboard
vessel".... You buy an old Mayport shrimper , complete with nets,
outriggers, lights, etc...and anchor anyplace you like ..."so long as it
does not unreasonably obstruct navigation. " - perhaps the anchoring spot
just happens to be right off the latest condo development...!
JohnO
-----Original Message-----
From: trawlers-and-trawlering-bounces+owenjc=
[mailto:trawlers-and-trawlering-bounces+owenjc=bellsouth dot net at lists dot samurai dot c
om]On Behalf Of Carl H. Martin
Sent: Monday, July 03, 2006 5:34 PM
To: Bob; Trawlers & Trawlering
Subject: Re: T&T: Anchoring in Florida
On first reading I was thinking this meant that anyone with a land address
would not be a live aboard and thus anchoring for them could not be
prohibited. How naive. What's worse is that it appears that if you are a
"live-aboard" any municipality can prohibit you from anchoring for any
length
of time.
Tomorrow is the fourth of July & we're all feeling patriotic. It's strange
to
think that some Americans aren't welcome in some parts of their own country
just because they're on a boat.
I'm thinking of making a movie. Two guys cruising the country togeather in
their old wooden trawlers. One paints his red, white & blue. They just
want
to see America but are constantly harassed by wave runners, fisherman &
various local law enforcement agencies telling them to, "keep moving along,
you're not welcome here". Along the way they pick up a crewman that looks
alot like Jack Nicholson. No, make that Rip Torn. At night they sit around
&
drink rum & tell old sailing stories. In the end they're surrounded by a
group of waterfront condo owners in their big Sea Rays that live on lifts &
have no bottom paint who ram them until there's almost no trace left. Just
what's left of a wooden transom with the boat's name on it. "Freedom"
Of course I'd have to work in some sharks & babes to actually sell it.
Carl
A section of a new bill (HB 7175) signed into law this week is titled
Vessel
Mooring Field Regulation. It says:
Section 327.02(15), F.S., prohibits local governments from regulating the
anchoring of non-live aboard vessels in the exercise of rights of
navigation.
Public rights on navigable waters are not restricted to navigation in the
strict sense, but include such incidental rights as are necessary to render
the right of navigation as reasonably available. The incidental rights
include the right of a vessel to anchor If it is a live-aboard vessel or
floating structure,
cities & counties can regulate their anghoring and mooring up to a flat
prohibition.
Section 327.02 defines "live-aboard vessel" to mean:
(a) Any vessel used solely as a residence; or
(b) Any vessel represented as a place of business, a professional or
other
commercial enterprise, or a legal residence.
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