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eneumeier

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Everything posted by eneumeier

  1. I am thinking of doing the Blackburn again, I did it twice, years ago, and wonder who else might be there on July 21, 2018. Liz
  2. I also have not seen Gene in ages, but I think of him often when I paddle the Nordkapp he sold me a few years back. He will be missed by I lot of people. Liz
  3. It was a perfect day. Thanks for posting this trip! Liz
  4. Sunday at 10 AM works for me. Let's hope the forecast holds. Liz
  5. I can do Sat. or Sun. anytime, or late afternoon-Sunset Friday. Liz
  6. I'd love to get out on the weekend. BTW, this appears under "past trips". Liz
  7. I am stunned by this news. Jed was a newbie when he joined NSPN. Too sad. Liz
  8. Unfortunately my portable gas grill is broken and I couldn't get it working. Liz here
  9. Yong, want some Thai basil from my garden to add to that? I will bring a portable gas grill - others are welcome to grill on it Friday night. Liz
  10. I fully support Operation Paddle Smart and think it is great that the Coast Guard is checking for pfds and whistles. (I do wish the data separated canoes and rec kayaks from sea kayaks.) My surprise, and hence research, was about the demand to see an ID. NSPN used to publish two safety brochures, one for recreational paddling and the other for ocean kayaking, that were distributed at REI and elsewhere. I have attempted to upload them here. Liz Ocean Safety Brochure no ACA 2011 version.pdf Recreational Safety Brochure no ACA 2011 version.pdf
  11. I did this a few years ago. It was fun and our help was appreciated. Sorry I can't do it this year. Liz
  12. Conditions do look great. See whoever can make it! The weather temp may get down to near 60 on our return. Liz
  13. I can attest that area is one of the top places in the world to kayak! Liz
  14. Weird system. No wind and barely a sprinkle in Lanesville, Gloucester.
  15. About a month ago 2 of our law-abiding members were stopped while paddling in Gloucester Harbor and asked to show identification. The "stoppers" then completed a two-copy form on each "stoppee", kept one and gave the other to the "stoppee" with instructions to carry it in case they were stopped again. I was curious about the authority to ask for a show of ID, since no one is required to carry an ID while paddling a kayak, as you are while driving a car. Today, I finally had time to phone the Gloucester harbormaster (a former CG guy) and we had a good chat. The relevant Federal statute is 14 USC 89(a) and it reads; The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the U.S. has jurisdiction, for the prevention, detection, and suppression of violations of the laws of the U.S. For such purposes, commissioned, warrant, and petty officers, may at anytime, go aboard any vessel subject to the jurisdiction or to the operation of any law of the U.S., address inquiries to those on board, examine the ship's documents and papers, and examine, inspect, and search the vessel, and use all necessary force to compel compliance. You are required to answer their inquiries and tell them who you are. You are not required to show or to carry an ID. It is always smart to cooperate. Failure to do so can result in a fine of $500. If you want to study up, I found these flashcards: https://www.flashcardmachine.com/uscg-boarding-officer2011.html Lest you think that, under the 4th amendment, they need "probable cause" to stop and question you, this blog has a good explanation as to why that is NOT so. If you can't read it below, go directly here: https://navwaters.com/2012/11/12/the-fourth-amendment-rights-vs-boarding-power-of-the-united-states-coast-guard/ We also talked about the night lighting requirement. He said the white light is supposed to be on, all the time. I said that for kayakers, that is a hazard because it ruins night vision. He said I would not want a boat coming at me at 40 MPH, unable to see me. I said true, but I will be paddling close to shore, where such a boat could not be. He acknowledged the night vision problem for us and I told him I would be paddling in the harbor this Sunday evening. :-) I always carry 2 white lights. Liz The Fourth Amendment Rights vs. Boarding Power of the United States Coast Guard November 12, 2012 By Will Bland “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Amendment IV, U.S. Constitution, ratified 12/15/1791. The Fourth Amendment to the U.S. Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was written in direct response to British general warrants which empowered British law enforcement to search virtually any home, at any time, for any reason, or for no reason at all. The Coast Guard’s primary law enforcement authority is derived from 14 USC 89 (made law in1949) which states in part, “The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of the laws of the United States for such purposes, commissioned, warrant and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operations of any law, of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance . . .” While the Fourth Amendment may protect the citizen, law abiding or not, from the threat of an “unwarranted” search, that protection ceases once the citizen is on a vessel. The Coast Guard has sweeping authority to board any vessel (subject to the jurisdiction of the United States) at any time, any place. It does not require a warrant. It does not require probable cause. Boardings need not be based on a suspicion that a violation already exists aboard the vessel. Their purpose is to prevent violations and the courts have upheld this authority. Also, the Coast Guard has full legal law enforcement power on any land under the control of the United States, as needed to complete any mission. 14 USC 89 has its roots in the Revenue Service Act of 1790 which provided “all collectors, naval officers, surveyors, inspectors and the officers of the revenue cutters . . . to go on board ships in any part of the United States . . . for the purposes of demanding manifests . . . examining and searching the said ships, and the officers shall have free access to the cabin and every other part of the vessel . . .” This statute was passed by the first Congress, the same Congress that enacted the Bill of Rights, including the Fourth Amendment with its guarantees for citizens to be secure against unreasonable searches and seizures. By enacting the Revenue Service Act, the first Congress showed unequivocally that the Coast Guard’s significant law enforcement authorities to board and search a U.S. flag vessel anywhere in the world, as well as vessels intending to call on U.S. ports, were consistent with the Fourth Amendment. U.S. Courts over the last 200 years have consistently validated the right of the Coast Guard to board and inspect vessels, probable cause or not. Plainly stated, when it comes to Coast Guard boarding, you don’t have any rights. As stated by Capt. Rasicott and CDR Cunningham in their article found in Proceedings, Summer 2009; “There are two main ways to board a vessel – either with permission, or without.” Vessel operators should know that to refuse permission for Coast Guard personnel to board may subject them to a penalty of $500. Forcibly resisting is a felony punishable by up to ten years in prison and a $10,000.00 fine. The unfettered search authority by the Coast Guard has its merits, especially in a world where random acts of terrorism are a constant threat and smuggling of illegal drugs into the U.S. is rampant. Supporters also point out that “the government certainly has a vital interest in ensuring vessels on the high seas are safe, seaworthy, and properly documented.” See Constitutional Barriers to Smooth Sailing; 14 U.S.C. 89(a) and the Fourth Amendment by Megan J. Knight. Indiana Law Journal Vol. 72, Issue 2. In her article, Ms. Knight recognizes the inherent conflict between the U.S. citizen’s expected right to privacy and 14 U.S.C. 89, and suggests that these vital interests, however “should not be advanced at the cost of sacrificing the constitutional freedoms of law abiding seafarers.” However, if you are expecting the Courts to reverse decades of decisions finding that 14 U.S.C. 89 searches are not in conflict with the Fourth Amendment, forget about it. In today’s society where everyone is subject to mandatory searches without probable cause every time you board an airliner, enter a government building, state or federal, or major sporting event, the power of the Coast Guard to search any vessel at any time is not going to be fettered. It will take an act of Congress and that will never happen. For excellent in depth analysis of the Fourth Amendment and 14 U.S.C. 89 see also The United States Coast Guard’s Law Enforcement Authority’s under 14 U.S.C 89; Smuggler’s Blues or Boaters’ Nightmare by Greg Shelton, William and Mary Law Review, Vol. 34, Issue 3; and Coast Guard Boardings and Your Fourth Amendment Rights, Part 1 – 3, by Clark Beek 10-12, www.sailfeed.com.
  16. It is about 3 NM to Norman's Woe rock, and another NM to Kettle Island. So figure 6-8 NM, round trip. A bit more if people want to go into Magnolia harbor. Liz
  17. I miss our full moon paddles! Launch from the boat ramp, Gloucester harbor - The Boulevard, AKA the Greasy Pole (toward downtown a bit from the Fisherman's statue) BnB time: 5:30 PM - FIRM! Be ready to paddle or paddle fast to catch up. We need to be near Norman's Woe to see the moonrise over the water Moonrise: 7:17 PM - should be pretty with the sunset behind us (I know the actual full moon is not until Tuesday, but Sunday evening is a better time for this trip.) Proposed route: Paddle out the west side of Gloucester Harbor, toward Magnolia. Return route might be via the east side of the harbor. Sunset: 7:54 PM, Nautical Sunset: 9:08 PM - we should be back around then, so it won't be a really late night Evening low tide: 5:07 PM Evening high tide: 11:30 PM Post interest here. I'm going regardless. :-) Liz
  18. I just learned that the engagement party I need to be at tomorrow is earlier than I thought. Sorry I cannot join you. I had hoped to do both things! Liz
  19. Saturday Partly sunny. Highs in the lower 70s. Northeast winds 10 to 15 mph with gusts up to 30 mph. Saturday Night Mostly clear. Lows in the mid 50s. Northeast winds around 10 mph with gusts up to 20 mph. NE gusts up to 30 mph does not sound promising for the outside of Gerrish.
  20. I'm up for paddling this Saturday. I'll watch this thread for your decision, Cathy. Liz
  21. It was wonderful! Thanks Gary, for reserving, and all for a great time. Liz
  22. No deposit was required. I'll cancel the reservation I made. I was glad to learn that overnight parking is permitted on Granite Pier. If others still want to go, you can simply phone the lighthouse keeper at 508-284-0144. Tell her when you plan to arrive, and how many people. She will phone you back to confirm. You pay, bring cash I think, when you arrive. Liz
  23. Good parking news. I just spoke to the Rockport police. Cars can be left at Granite Pier: park up on top and leave a note on the windshield saying you are staying overnight at Thacher Island. You can launch from the boat ramp, then easily move cars up to park. NOTE: Make sure you do not block the boat ramp while packing your kayaks, as this is a very busy launch spot for boats. Launching from Granite pier shortens the trip to Thacher considerably. So you can set up tents, then paddle where you wish. Do people like this option? Also, I need to know how many people will be camping, for sure, so I can change the reservation #. Please sign up on the calendar if you are going. Liz
  24. Some people are interested in making this a Cape Ann circumnavigation, i.e., the Blackburn route. That can be done from many starting points, as long as the tides work for getting through the Blynman canal. I just spoke with the Gloucester police and overnight parking is not allowed at DunFudgin' (behind the high school) or in the high school lot. He recommended trying Lanes Cove: no signs prohibit overnight parking. If there are only a few cars, that is an option but I would not recommend leaving a lot of cars there overnight because it has heavy use by locals. Also, if people want to launch out of Lanes Cove, I can accommodate 5 cars in my driveway and would be willing to shuttle people. I am slightly less than 1 mile from the cove. I can paddle Saturday, but have to be home by 4 PM and cannot stay overnight. Liz
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