July 2005


Article Sums Up Dispute Over Inati Anchorage

      There's a bad smell in Inati bay and it's not coming from the low tide. The Bellingham Yacht Club is trying to take over the entire bay for their own exclusive use. For thirty years they have leased the shoreline around the bay from the Lummi Island Land Company and allowed us all to use it. We thank them for that. Now they have given us non-BYC members the heave-ho, and claim not only the land they are leasing, but the anchorage or bottom lands as well.
      The BYC have stated that the property owner has documents, dated before Washington was a state, showing ownership that includes the anchorage. However, no one will come forward with any proof to uphold their claim. A number of us concerned citizens and boaters have researched this, and found nothing in these documents that would support the BYC or Lummi Island Land Company's Claim of ownership of the bottom lands in Inati Bay. In fact quite the opposite appears to be true. The historical land patent, though very impressive, does not include the bay. The Whatcom County Assessors records show that taxes have been paid only on the Second class Tide Lands (between the high and low water marks), and not the whole bay. In fact those tide lands were not purchased until 1950. Why would they purchase the tide lands if they already believed they owned the entire bay? There is no record of the Lummi Island Land Co. ever buying or otherwise owning the bottomlands of Inati Bay.
      It is extremely unusual for a private party to own bottomlands in this state. They are owned by the Department of Natural Resources. The Bellingham Yacht Club needs to remove the signs claiming the anchorage is private. Until they can prove otherwise, this bay belongs to the people of the State of Washington, and is open for anyone to anchor.

Dave Walker
Bellingham, WA.

      We've received quite a few comments on this unfortunate situation. A group has been formed called the "Boaters for Inati Bay Public Anchorage (BIBPA)" to dispute the claim by Bellingham Yacht Club that they have the right to close the moorage to the public. We certainly don't have the expertise to comment too much on this, but Tom Knight of BIBPA forwarded us an article that appeared in the Whatcom Independent concerning the Inati situation which gives a good summary of what's going on. Because of the importance of this issue, declaring a public anchorage to be privately owned, John Servais of the Whatcom Independent is allowing the article "Inati Bay Anchoring Disputed", by Sara L. Geballe, to be reprinted. This overview of the situation is well worth reading. The article, appears on page 30 (print publication), courtesy of the Whatcom Independent.


Learning to Take the Edge Off - Thanks for the Books

To: Jo and Carl, (authors of the Gunkholing Books)

      Hi there! I don't know if you remember me, but I talked to you Thursday. I was the blonde woman who was very excited to realize just who you were!
      I just wanted to thank you for writing such wonderful books. My fiance owns a 40 foot sailboat that we just recently moved from Shilshole up to Anacortes Marina. (We live in Mukilteo and most of our boating always takes us up north, and it's a cheaper marina too, so it made sense- and not that much longer a drive). But we LOVE gunkholing around in the San Juans, and I don't know how we would of made it around there without the help of your San Juans Gunkholing book!
      I'm taking the sailing class because since I met Jeff three years ago, we've been going out on the boat (which is named "Jo", coincidently!), I have never really taken to the sailing part of it. It very much makes me nervous, so much boat weight being powered by just wind and some sails, yeesh, and the heeling over too, I can't hardly handle it. I'm not normally such a chicken, but it makes me very on edge. So I decided maybe if I took a few sailing courses I might be able to gain an appreciation for it, and hopefully more understanding and knowledge will lessen my apprehension, etc. And so far I DO adore learning on these little boats! So different, yet the same! Hopefully soon enough I won't be begging Jeff to just "motor around" like I tend to do. If you can imagine! Keep your fingers crossed for me.
      So, I just wanted to write and say thanks for writing those books. There is a LOT of work that must go into them. You've been a great help to us, and made our adventures even more fun!!

Thank you,
Elizabeth

      Instead of "being on edge" you'll have an edge, having improved your skills on the "little boats". When you get back on the 40-footer, sure, everything will be bigger, but it will seem like everything is in slow motion compared to the dinghies. You've really opened the window to a lot more enjoyment of your boat.


Northwest Boats in the Marquesas

      We lay at anchor in Hakahau Bay, Ua Pou Island in the Marquesas. The tall rocky spires that rise from the island, the lush vegetation and the sweet smell of flowers make this a wonderful spot. We have been in the Iles Marquises for 5 weeks. It is time to move on, there are many other islands to explore before this season ends.
      We thought that you and your readers might be interested in the number of Puget Sound sailboats that are in the Marquesas this year. We do not think the list is exhaustive, but these are boats whose crews we have seen and talked to while in these islands. The Pacific Northwest is very well represented. Seattle area boats have included Calliope, Indra, GemBrit, Valhalla, Serenity, Sea Fire, Rhianon, Velocity, Ventana, Mico Verde, Fleetwood and Promise.
      There are not as many Canadian boats in the Marquesas as there were in Mexico, but those we have seen are Gloria Maris, Armani, R Factor, Citation, Gavia Artica and Peregrinata.
      In the anchorage at Taiohae Bay, Nuku Hiva last Friday, there were 46 boats anchored representing 11 countries, six from Seattle. Many of your readers dream of sailing to distant lands, we hope that this will be a note of encouragement that cruising dreams can come true!

We are living the dream,

Tom and Jane Bradley
S/V Promise (Port Orchard, WA)


Powering Through the Fleet

      To the crew of the large American power boat "Duchess", which left Ganges Harbour on the morning of May 21st, and powered past 122 boats competing in the Annual Round Saltspring Race. Well done guys! You weren't about to give way to a little San Juan 24, even if he was in a race! "Make the little buggar tack, and get out of our way", eh?

Peter Bell
"Tui"
San Juan 24
Cobble Hill, B.C.

      Don't blame you for being furious, we've all been there. Unfortunately, being in a race doesn't really give you any particular rights, but being under sail does. And, of course, there's the unwritten law of courtesy which is one not known, or at least recognized, by all.


Concerns Over Marine Preservation Wording

      I thought you'd be interested in the following NOAA press release on their recent Marine Protected Areas Federal advisory committee recommendations for the creation of a national MPA system.
      Environmental Defense marine ecologist Dr. Rod Fujita was one of several environmentalists on the advisory committee. He focused on stewardship and effectiveness language, and on preventing backsliding on existing MPAs (e.g., North Western Hawaiian Islands). During the final (and critical) debate on the report, Rod led the charge to prevent Freedom to Fish Act language, which would guarantee access to MPAs unless it could be proven that a specific activity is harmful—difficult to prove in the oceans.
      Rod also played a key role in crafting the compromise language that was adopted by consensus: appropriate access to MPAs is to be allowed, consistent with the MPA's goals and objectives.
      The following comment can be attributed to Environmental Defense marine ecologist Dr. Rod Fujita:
"The report is a breakthrough in the highly polarized national debate on Marine Protected Areas. Its members rose above partisan concerns to reach common ground on major areas of contention, including access to Marine Protected Areas, the nature of processes to develop MPAs and implement them effectively and the major goals and objectives of a National MPA system."

Kathleen Goldstein
Environmental Defense

The following is a highly condensed version of the release. For full content visit the recommended websites at the end. FEDERAL ADVISORY COMMITTEE DELIVERS MARINE PROTECTED AREA RECOMMENDATIONS TO COMMERCE AND INTERIOR DEPARTMENTS The Marine Protected Areas Federal Advisory Committee delivered its first set of recommendations for the creation of a national system of marine protected areas to the Department of Commerce and the Department of the Interior today. The report, which is consistent with the Administration's U.S. Ocean Action Plan, recommends processes to establish a national system of marine protected areas (MPAs) built upon existing sites and new areas that meet specific criteria. The committee states that the system's goal should be "to enhance effective stewardship, lasting protection, and sustainable use of the nation's natural and cultural marine resources with due consideration of the interests of and implications for all who use and care about our marine environment." The committee recommendations include:

  • Primary responsibility for the creation and management of MPAs must lie with existing legal, statutory, and legislative authorities to the extent feasible.
  • The public, user groups, tribes and state and local governments must be integral parts of the nomination, planning, implementation, evaluation and adaptive management process.
  • There must be awareness of and respect for the sovereignty of states, territories, tribes and local jurisdictions. International commitments must also be respected.
  • Incentives for participation and cooperation by government agencies and by existing and future stakeholders must be provided. Incentives might include training, technical assistance, or funding to offset the costs of participating in the national system.
"I'm glad to see that the advisory committee emphasizes the need to involve the public, user groups, tribes, state and local governments in establishing and managing marine protected areas," said Assistant Secretary Watson. "I know that a lot of wisdom resides outside the Washington Beltway. It's right to invite these citizen stewards—folks who live near the oceans and Great Lakes, earn their living with these resources, or recreate in coastal areas—to work with us to protect and conserve our marine resources for future generations."
      Over the course of two years, the federal advisory panel has invited diverse MPA stakeholder groups to address the committee on issues of concern. These groups included representatives from fishery management councils, tribal and cultural panelists, recreational fishermen, scientists, as well as federal and state MPA program officials. Committee meetings were held in various regions to ensure broad public comments.
      The Committee's report is available on www.MPA.gov. Transcripts, presentations, and other documents from past meetings also are posted on the Web site.

On the Web:
Department of Commerce: http://www.doc.gov
NOAA: http://www.noaa.gov
Department of the Interior: http://www.doi.gov
Marine Protected Areas Center: http://www.MPA.gov


      Striking a balance between protecting the ecology and commercial concerns at the same time is a monumental task, to say the least. Not being one to trust the present administration to do the right thing regarding any environmental issues, I can understand that some of the wording is disturbing. Of course, the above release paints a rosy picture of cooperation, but, as NOAA is an agency of the U.S. Department of Commerce, the committee is chaired by an economist, and the report has to pass through the Secretary of Commerce and Secretary of the Interior (we've seen how they safeguard our forests), I don't doubt commercial concerns will carry considerable weight over recreational use or conservation.


Sailing "Addiction" is Spreading

      Below is the history of the May boat name of the month that the owner (Mark Cloutier) put together. Thanks for the great coverage of the PSSR and Southern Straits.

Tony

      Thank you for your interest in the "Addiction" sailing program. The story, quite simply is that my daughters, while visiting me in Bermuda, witnessed my great excitement at the arrival in Bermuda of our Lindenberg 28 (the fifth sailboat they've witnessed their father go crazy about). The Lindenberg was sitting on a cradle on deck of the containership MV Oleander as she steamed past our house enroute to the Port of Hamilton. The girls watched (with great amusement) as I ran around the house looking for camera and binoculars, all the while shouting stuff like "isn't she coolÉisn't she beautiful" (sounds like a Stevie Wonder song). At any rate, one of my daughters, all of whom had grown up with their father's love of all things sailing, said" Dad, that is really your addiction isn't it". Later that night over dinner and much discussion, it was decided the boat would be called "Addiction".
      The sailing addiction program is now four boats: an Etchells (Bermuda), the Lindenberg 28 (Bermuda), a J105 (Bermuda and eastern U.S.) and the Farr 47 in your photograph which we are thrilled to be campaigning in the Pacific Northwest. Please understand we are not making light of other serious "issues" that people face. Rather we feel we are making a bold statement about how we are "hooked "on the many wonderful feelings and experiences that occur when you blend the beautiful motion created by the magic of wind, water, sails, fins, and hull form with the camaraderie and common purpose of a great racing crew!
      Our program is about having a safe, fun, and memorable experience for all involved (2005 Southern straits sure hit that target!). We are serious about racing, but, not at the expense of safety , enjoyment , or camaraderie. We are also committed to offering the sailboat racing experience to others, and especially junior sailors where we compete, hopefully doing our small part to see them get "hooked" on the sailing experience, as opposed to other forms of "mischief". Once again, thanks for your interest, please visit our growing website at:

www.sailingaddiction.com

Mark B. Cloutier

      I think you're preaching to the choir here. Sharing the "many wonderful feelings and experiences that occur when you blend the beautiful motion created by the magic of wind, water, sails, fins, and hull form with the camaraderie and common purpose of a great racing crew!" is a very special experience.


A Rare and Collectable 48° North North

      Am I the only person to notice that the April issue as well as the May issue, are both labeled " Volume XXIII, Number 9" ? Does that mean that May is now a collectors issue ?

Gordon Pollock
Bellingham

      They're all collectors items. Thanks for noticing. Obviously we didn't. Put it with your Beenie Babies, they'll be worth dollars some day. Actually it's a Beatles thing, "number 9...number 9..."


Looking for Boat Partnership Agreement

      Does anyone have a boat partnership agreement that I can look at?
      I have one friend that has had a partnership for 22 years. In the last few years they changed to a LLC (limited liability partnership)
      This is expensive as in California you have an $800 a year tax bill plus corporate tax return. Is there a better way? He mentioned a co-tenancy general partnership could work. I would love to see these documents if anyone has a sample that has been prepared.
      I have lots of other suggestions on how to run it from my friends who have experience that I will pass on to interested parties.

Thanks
Lee -- lprimus@pacbell.net


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