6 • May 6 - 19, 2016 • The Log


thelog.com


Have an opinion about something you read in The Log?


Write to: The Log Editorial, 18475 Bandilier Circle Fountain Valley, CA 92708-7000; or email editor@thelog.com.


Letters/Online Comments


viable, the restrictions would be lifted. Over time, the state estab-


California Marine Life Protection Act: The ultimate bait and switch There is no question that the passage of the Marine Life Protection Act (MLPA) has been the most controversial environ- mental issue California’s angling community has ever faced. It signaled the state’s shift from a shared philosophy of conserving California’s natural resources to outright protectionism, with little regard to the interests of outdoor recreation, tourism and all of their economic benefi ts. As the MLPA established the


framework for Marine Protected Areas (MPAs), the state promised California anglers that areas designated as off-limits to com- mercial and recreational fi shing may one day be open to fi shing. In fact, they were very specifi c in their promises. Scientifi c assess- ments would be conducted every fi ve years, and as fi sh populations were assessed as sustainably


lished many MPAs along California’s coastline, totaling over 850 square miles. As new MPAs were introduced, the angling community not only challenged the merits of closing some prime fi shing spots, but the process by which they were selected. The locations and boundaries were not set by a presumably objec- tive government agency, rather, a private organization who’s fund- ing was fueled by environmental groups, many of which shared an anti-fi shing agenda. As the plans came before


the California Fish and Game Commission, the science or lack thereof was challenged, but to no avail. Even with considerable restrictions on the amount and manner of take already in place, commissioners simply assured anglers that timely assessments would be conducted and such drastic action would only lead to more plentiful fi shing in the years to come. That was then and not now.


Deadlines to conduct these assessments have come and gone, and so apparently have assurances that the state can


See COMMENTS page 19


Ask a Maritime Attorney Did boatyard violate California’s vessel


repair law? By David Weil, Esq.


Q


I bought a used 44-foot sailing yacht and brought it to a boatyard


in the San Francisco Bay area for service. The yard gave me an estimate for the work, and I told them repeatedly not to exceed the estimate without calling me. They never said a word to me during the course of the project, but when I picked up the boat they presented me with an invoice that exceeded the estimate by more than 30 percent. I happened to com- plain about the over-charging to the manager of another yard and he told me that California law limits the amount a boat- yard can charge for a project to 10 percent above the estimate. Is this accurate?


whether the boat is registered in California through the Department of Motor Vehicles


A By Parimal M. Rohit


There are about three-dozen ports up and down the California Coast. But did you know who settled these harbors before European settlers came along? Below is a sampling of California’s ports and their respective Native American inhabitants:


Avalon Harbor


Oceanside Harbor Port of Long Beach Port of Los Angeles Port of Hueneme


Santa Barbara Harbor Ventura Harbor


Sources: World Port Source


Gabrielino/Tongva Luiseno Tongva


Tongva/Chumash Chumash


Port of San Luis Harbor Chumash Redondo Beach Harbor Chowinga Port of San Diego


Kumeyaay Chumash Chumash


The Tongva tribe inhabited the Port of Long Beach well before it became a destination for commercial vessels and recreational boaters.


Fast Facts – Original inhabitants of California’s harbors


The answer to our reader’s ques- tion depends upon


or documented with the U.S. Coast Guard. The vessel repair laws for


California registered vessels are set forth in various sections of the California Harbors and Navigation Code, distinguish- ing between repair estimates and the establishment of a lien against a boat to secure pay- ment for the services. The guidelines for issuing


repair estimates for California registered vessels are set forth in the code at sections 410 through 418. These guidelines require a written estimate and written invoice, set forth the required elements of the estimates and invoices, and provide a procedure for issuing the paperwork when a prob- lem needs to be diagnosed prior to the commencement of the actual repairs. Liens against California


registered vessels are estab- lished under the “Boaters Lien Law” are set forth at section 500 and related sections of the Harbors and Navigation Code.


It provides the legal framework for a lien against a California registered vessel; it provides a procedure for the sale of the vessel through the DMV, and sets forth certain limitations which restrict the amount of the underlying claim. As suggested by our reader,


those restrictions include section 502(c), which limits the amount of a lien so that it cannot exceed the original estimate by more than 10 percent. Section 502(b) further limits the amount of a lien to $1,500.00 if a lender is iden- tifi ed as the “Legal Owner” of the vessel, unless the lien claimant has written autho- rization from the lender to exceed that amount. Notably, the restrictions on the lien do not restrict the ser- vice provider’s claim against the boat owner personally. The purpose of a lien is to pledge the boat as collateral for pay- ment of the amount claimed, but a limit on the lien amount See ATTORNEY page 48


On Board With Johnson by J.R. Johnson


Jay Field photo


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72