Proposed Marina Rules Worry Boaters
Port of L.A.'s Proposed Marina Rules Worry Boaters
Here is a up date that was published in this Months "The Log" newspaper
http://www.thelog.com/news/newsview.asp?c=230532
WILMINGTON - The Wilmington Boat Owners Association (WBOA) held a special meeting Nov. 16 to discuss a proposed tariff published by the Port of Los Angeles, which would add new requirements for vessels kept at marinas within the port. The tariff has many boaters wondering if the port has a hidden agenda - one that might eventually phase pleasureboats out of the port, WBOA members reported.
The port had announced a Nov. 27 public meeting to review recreational vessel requirements in proposed Tariff Section 21. After reading through the proposed changes, the association called a special meeting to gather consensus about the proposal.
"My biggest concern is that the port is going to have control over what boats can be in slips," said Donna Ethington, president of WBOA. "What we see this doing is giving the port control over how these marinas operate -- and these are private marinas, so we should have the ability to say who is here and who isn't."
The proposed Tariff Section 21 requirements are part of the port's Responsible Marina Program which aims to enhance safety, security and the environment for the 3,700 recreational boaters and 17 marinas at the port, as stated in a Port of Los Angeles press release.
The proposed requirements for boaters at marinas include: an annual recreational vessel berthing permit; maintaining insurance on recreational vessels; meeting criteria for seaworthiness; providing written authorization for liveaboard status and meeting specific environmental standards.
One concern was the port's requirement of meeting criteria for "seaworthiness."
Ethington, who has been receiving e-mails and taking calls from boaters who read the proposed tariff, has been serving as a spokeswoman for the boaters' group.
"We don't understand why all the boats have to run," she said. "Some people come once a year, for others it's a hobby, they come and buff it out and take it out once a year. You can have a car all your life and not drive it."
The proposal read that permittees shall, upon request, demonstrate or allow inspection of their vessel for seaworthiness by marina managers, the executive director or a designee. To be deemed seaworthy, the vessel must be able to operate under its own power, have an operable electrical system, be weatherproof, not be in a state of deterioration, be watertight and be navigable.
If a vessel is determined to be unseaworthy, a notice to repair or remove the vessel will be posted. The permitee will receive a copy of the notice, and will have 30 days to repair or remove the vessel before it is removed or impounded at the permitee's expense.
Many WBOA members, and other local boaters, attended the port's tariff discussion meeting Nov. 27. Capt. John Holmes, deputy executive director for the port, led the tariff discussion, where boaters asked questions about the plan and stated their concerns.
The port's criteria for "seaworthiness" was a major topic for discussion, and many boaters asked for a clearer definition.
"It is written in the tariff," Capt. Holmes said. "We can get into a lengthy discussion about it."
But many still had questions such as: Does the boat have to be sinking, leaking fuel or missing a door to be deemed unseaworthy? Does a vessel have to be able to go out in the open ocean or just the harbor?
Capt. Holmes accepted the comments and agreed to look into the definition of seaworthiness. He also sought to clear up the main focus of the tariff.
"The sole purpose of this tariff is to give us, the port, a vehicle for when those marina operators and boat owners don't fulfill their responsibilities," Capt. Holmes explained. "At present time, the harbor police can't enforce a lease between a marina operator and a boat owner. This tariff allows the harbor police to act if someone does not fulfill their obligation."
He added: "I have to have the ability to come in and say 'your boat is sinking at the docks, and there is something that has to be done.'"
Other boaters questioned why the port was speaking with them rather than the 17 marina leaseholders.
"If I go through the marina operator, it's a whole different process: It's lengthy, I will have to go through real estate and leases. This tariff is an avenue that I can go to directly," Capt. Holmes explained.
"I can hold them (marina operators) accountable by going through a long, lengthy process to try and take their lease away; or I can use a tool that I have, such as the tariff, and use it judiciously -- and go (directly) to an individual and say 'your boat is not in good condition,'" Capt. Holmes said.
Many boaters asked why the tariff echoed existing marina lease provisions, calling the tariff another level of bureaucracy.
"If all this stuff is in the lease, why do they need to put it in a tariff? Are they going to go back and amend the leases?" Ethington wondered.
"If the port has the power to not permit 4,500 boats in this harbor, then maybe that is a way to get rid of all the marinas," she added. "Get rid of one boat at a time, and then don't allow marina owners to rent their slip; and what marina can stay open when half their slips are empty?"
For those who were unable to attend the meeting, another one will be scheduled. The tariff must be approved by both the Los Angeles City Council and the Board of Harbor Commissioners. No date has been set for those hearings.*