6 • Feb. 12 - 25, 2016 • The Log


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Write to: Log Editorial, 17782 Cowan, Ste. C, Irvine, CA 92614; or email editor@thelog.com.


Letters/Online Comments


Response to ‘boogeyman’ comment


Responding to a letter regarding the “boogeyman” of ethanol harming engines (EPA increases ethanol mandate, Jan. 1 issue). It is well documented that the Brazilian ethanol (sugar cane) is less likely to cause problems (phase separation) like corn based ethanol. I don’t know the exact science behind this but a little research will bear this out. Boat engine manufactures


have warned our EPA they will void engine warranties if they increase ethanol to 15 percent or more here in the USA. Not a petroleum industry boogeyman as asserted.


Dave


Submitted on editor@thelog.com


Setting the record straight on NOAA’s pro- posed national marine sanctuary


The Log previously erroneously reported that a proposed nation- al marine sanctuary off of Santa Barbara and San Luis Obispo counties would restrict boaters and anglers. The proposal for that area – Chumash Heritage


National Marine Sanctuary - was submitted with broad-based community support and did not propose any restrictions or no- access zones for recreational boaters or fishermen. NOAA has not seen anything to date that would contradict the proposal or otherwise warrant such restric- tions. On Oct. 5, 2015, NOAA’s Office of National Marine Sanctuaries added the area nominated as Chumash Heritage National Marine Sanctuary to an inventory of areas that may be considered for future national marine sanc- tuary designation. At this time NOAA has made no decision to move the nomination forward for designation. National marine sanctuaries


are special places in our ocean where biodiversity, economic productivity, and our historical connections are preserved. Many and diverse ocean uses are allowed and promoted within national marine sanctuaries, including recreational boating and fishing. Just take a look at Monterey Bay and Channel Islands national marine sanctuar- ies, which are adjacent to the nominated area, to witness the enjoyment of these protected areas by kayakers, boaters, sport


See COMMENTS page 24 Fast Facts: Fishing Records


California has a rich history of sportfishing. The seven largest catches on record with the state’s Department of Fish and Wildlife were reeled in between the Channel Islands and the U.S.-Mexican border. Below are the largest species caught (300 pounds or heavier), recorded weight, location of catch, and date. Each record catch was reeled in on a lure. The full list of record catches can be viewed at wildlife.ca.gov/Fishing/Records.


Shortfin Mako Shark 1,092 lbs., 0 oz. Anacapa Island Blue Marlin


Thresher Shark Giant Sea Bass White Sturgeon Swordfish


Striped Marlin


692 lbs., 0 oz. 575 lbs., 0 oz.


563 lbs., 8 oz. Anacapa Island 468 lbs., 0 oz. 452 lbs., 8 oz. 339 lbs., 0 oz.


San Pablo Bay Catalina Island Catalina Island


Newport Beach San Diego


July 2010 Aug. 1931 May 2007 Aug. 1968 July 1983 Sept. 2003 July 1985


Source: California Department of Fish and Wildlife


Can I force a yacht broker to release me from a listing agreement?


By David Weil, Esq. Q


I retained a yacht broker in California this summer to sell


my boat under an exclusive list- ing agreement. I selected this particular broker because he was able to provide a slip for my boat that was next to his office, which is in a marina very close to my home. Unfortunately they just informed me that they were los- ing their office lease and that I need to come pick up my boat. They have advised me to list the boat with someone else, but their agreement is still in place and I don’t want to pay two commissions. I plan to report them to the California Yacht Brokers Association, but I am also curious about my legal rights. Can I force them to release me from their listing agreement? Do I have any other legal recourse against them?


broker’s lease problem seems A


I will note at the out- set that our reader’s response to his yacht


a bit harsh. We may not have the entire story, but it appears that the broker lost his lease through no fault of his own. So let’s keep that in mind as we answer his questions. Our reader did not specifi- cally ask about the role of the California Yacht Broker’s Association (CYBA) in a dis- pute, but he plans to “report” the broker to the CYBA so let’s take a look at that process. The CYBA is a private non-


profit trade organization. Their members include licensed yacht brokers and salespersons throughout the state of California, as well as various affiliates in related industries, but membership is entirely voluntary. In California the CYBA is often compared to the California Association of Realtors (CAR). CAR and CYBA are similar in that they are both trade organizations for brokerage professionals, but member- ship in CAR is almost univer- sal for all real estate profes- sionals in California and the organization has hundreds of


thousands of members. By contrast, the CYBA is a very relevant organization within the California yachting com- munity, but it has less than a thousand members so its resources are very limited. The CYBA does have a


Code of Ethics, and the organ- ization will listen to consumer complaints, but only if the broker in question is a mem- ber of their organization. Further, even if they do listen to a consumer complaint about one of their members, they have no authority to fine or otherwise discipline a member other than to expel the member from the organi- zation, and to my knowledge that has never happened. The CYBA does administer an arbitration program which is available for dispute resolu- tion in lieu of conventional lit- igation, but the program is designed to resolve specific monetary disputes between parties involved in a yacht sale transaction. It is not a con- sumer protection or advocacy


On Board With Johnson by J.R. Johnson See ATTORNEY page 24


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