thelog.com
Standing Watch From page 5
included reference to the public comment period closing on April 14. References to an April 12 meeting were not mentioned anywhere in the document. Accordingly anyone who followed
the instructions of the March 4 press release between the day it was pub- lished and April 19 would not have known about the April 12 public meet- ing in Marina del Rey. Specifi c informa- tion about a public meeting was not conspicuously available until April 20. Coast Guard offi cials confi rmed no one attended the April 12 meeting at Burton Chace Park.
Attorney From page 6
to be wrong. So it’s just a notice. The problem with the notice is that it will stay on the boat’s title history until the claimant fi les a “satisfaction of claim of lien” or a judge orders it to be removed. And, if the owner ever wants to sell the boat, the buyer will demand that the notice be removed or satis- fi ed. The law requires the notice to be fi led in good faith, but a fi nding of “bad faith” requires a fi nding - in a lawsuit - of a very high level of fraud. This is a very expensive procedure with no guarantees. So our reader fi nds himself in a diffi - cult position. His mechanic can “cloud” the title of the boat by fi ling the notice and our reader’s only recourse may be to fi le a lawsuit against the mechanic. But the mechanic cannot take posses- sion of the boat or otherwise foreclose on the lien unless he fi les a lawsuit in federal court, which would require at least $30,000 in legal fees. A no-win situ- ation for either side that encourages the parties to open a dialogue and reach a compromise.
David Weil is licensed to practice law in the state of California and as such, some of the information provided in this column may not be applicable in a jurisdiction outside of California. Please note also that no two legal situations are alike, and it is impossible to provide accurate legal advice without knowing all the facts of a particular situation. Therefore, the information provided in this column should not be regarded as individual legal advice, and readers should not act upon this information without seeking the opinion of an attor- ney in their home state.
David Weil is the managing attorney at Weil & Associates (
weilmaritime.com) in Long Beach. He is an adjunct professor of Admiralty Law at Loyola University Law School, a member of the Maritime Law Association of the United States and is former legal counsel to the California Yacht Brokers Association. If you have a maritime law question for Weil, he can be contacted at 562-438-8149 or at
dweil@weilmaritime.com.
Ask your question online at
thelog.com.
“There were fi ve Coast Guard rep-
resentatives at the meeting including personnel from Coast Guard District 11 and Coast Guard Sector L.A./L.B. Waterways Offi ce. Unfortunately, no one from the public came to the meet- ing, so after 30 minutes, we dismissed the offi cial court reporter and after one hour we departed,” Lt. Colleen Patton of the Coast Guard told The Log in an email. No information was revealed of
how much the meeting cost the Coast Guard. She added one public comment was submitted through the Federal Register and would be posted online. “The Coast Guard is currently
fi nalizing the proposed rule for pub-
lication. Pending receipt and review of the one comment to the docket, we intend fi nalize the proposal outlined in the supplemental notice of proposed rulemaking, which reduces the size and amends the shape of the anchorage,” Patton said. The real question, however, is whether boaters knew of this meeting. “I did not know about the meeting. I
don’t think they told anybody about it,” said Mike Leneman, a Marina del Rey boater. Patton acknowledged the meeting notice was published eight days after it occurred because of an administrative delay in Washington, D.C. The federal agency extended the public comment period to April 30 to compensate for
The Log • May 20 - June 2, 2016 • 7
the miscommunication, she added. The Coast Guard indeed did accept additional public comments through April 30. However did the Coast Guard drop the ball in how it handled the noticing of the April 12 public meeting?
Take Action
Contact the Coast Guard for more information or to
provide comments about the Marina del Rey Anchorage Phone: 510-437-5984 Email:
colleen.m.patton@
uscg.mil
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