June 2002 Newsletter
*-_-*-----Back on De'
Hill-----*-_-*
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******----Easy To Understand Help and Tips for
Boaters----******
From Wayne
Weber*************** http://www.brokeboats.com
Volume # 342************************* June 30,
2002
Delivered almost every
month************* Just under the
wire
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Howdy and Thanks for Inviting
Me
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Well......If
the internet mailman doesn't get tired feet or make a
wrong turn, then
you'll get this months issue just before June runs
outta
days!
I've got some news, an invatation, fine print 101, some old
stuff, a
manatee update, prop-guard poll results, and a couple other
things, but the one item you may be most interested in is the first
one
concerning insurance!
For all the US boaters out there; have a happy 4th
of July
weekend, and check around your area because there are many
fireworks shows that are best viewed when relaxing on the water.
Use care
after dark this weekend as it seems there's always a
couple skippers out
there that may have had one too many
beverages during the show, and of
course those that forgot to
check their running lights before setting
out.
Respect your waterways and......Don't forget to bring your litter
home with you (and maybe a little more! )
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BOAT INSURANCE OPTIONS
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There are many
options when it comes to insuring your
boat,motor, and trailer.
You may
not even be aware that many automobile policies don't
cover your boat when
being towed.
No auto policy covers your boat once it is in the
water!
Full coverage policies are available with deductible costs to you
ranging from 100 to 1000 bucks per incident.
These policies usually cover
fire, theft, accidents or collision, and
damage to other property and
people.
What most folks don't know is that they are usually covered when
hitting an unseen or unknown underwater object.
This means if you hit a
stump or other submerged object that
causes damage to your motor or boat,
the required repairs are
also covered.
These type of repairs can often
cost well in excess of $1000.00 on
up to complete engine
replacement.
I have seen a discarded plastic ice bag wrap around the
water
intake on outboard motors operating at high speed and cause
complete powerhead failure due to lack of cooling.
Of course, a good full
coverage policy covers this problem also.
If you don't already have a
seperate boat policy then I'm adding
three sites below to get free quotes
online. All three sites are
secure and have a privacy policy in place you
can look over
before you submit your information and getting a quote is free
with
no obligations.
Watercraft insurance is not as expensive as you
may think
because they know you don't use your boat every day, so check
one or more of them out.
If you already have insurance; you might save a
few dollars with
these folks below !
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BoatUS
offers boat insurance with low rates: Click below & enter
your boat and
motor information etc. to get a free quote on any
type of BOAT insurance.
<a href=" http://www.qksrv.net/click-976190-7064309
">Click!</a>
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Net
Quote insurance: For a free quote click below and chose the
little box
"more" and then on the left chose "boat" and enter the
information
requested.
<a href=" http://www.qksrv.net/click-976190-155725
">Click!</a>
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4
insurance.com: All you have to do is click below then select
"Watercraft"
then enter your zip code, area code, and state to get
a free
quote.
<a href=" http://www.qksrv.net/click-976190-2678065
">Click!</a>
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PIRATES FOUND GUILTY
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The six "pirates"
accused of murdering America's Cup sailor Sir
Peter Blake have been found
guilty in a Brazilian court, according
to a Thursday, 20 June report of The
New Zealand Herald.
The 23-year-old man who confessed to shooting Blake,
Ricardo
Colares Tavares, was sentenced to 36 years and 9 months, while
the other five received various sentences of at least 26 years 8
months,
according to the newspaper.
However, under Brazilian law, no one can
serve more than 30
years in prison at a time, added the report.
New
Zealand Embassy First Secretary Jeff Langley told the
newspaper all six also
were found guilty of armed robbery.
The newspaper stated they have five
days to decide whether to
appeal the sentence.
The judge last week
disallowed defense claims that Blake's
killer, Tavares, was mentally ill
when he shot him, reported the
newspaper.
Blake, 53, was shot dead
on 5 December last year by pirates who
boarded his sailing vessel,
Seamaster, anchored at the mouth of
the Amazon River in Brazil's northern
state of Amapa. (See
BIIOnline article America's Cup sailor killed by
pirates.
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RESULTS- Prop Guards - Pros and Cons
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PROP GUARDS
We received several responses from our readers on the topic of
prop
guards, featured in last month's issue.
The overall attitude was that
prop guards are seen as generally
useful and practical for all of the
logical reasons.
However, how would you respond if prop guards became
mandatory for use on all vessels?
-------------------------
(Results
of poll from Marine
Leins.com)
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Atlantic crossing accomplished on a
Sea-Doo
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Alvaro
de Marichalar y Saenz de Tejada, 41, son of the Spanish
Countess de Ripalda,
completed a 117 day journey across the
Atlantic Ocean on a Bombardier
Sea-Doo watercraft on Saturday,
22 June, reported the Miami
Herald.
Marichalar, who used the voyage to raise awareness about drug
addiction, averaged approximately 12 hours a day on the
Sea-Doo and
slept on a support vessel.
Through the four-month journey Marichalar
did not step on land
until he arrived in Miami on
Saturday.
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GHOST FLEET
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Fleet of ships
that few people even know exists is anchored off
the American East Coast
state of Virginia (USA). That's because
the ships, some more than 150 meters
long and as tall as twelve
story buildings, are huddled together in the
waters near a military
base and largely hidden from view unless you are on
the water. It
is a floating grave yard for retired U.S. merchant ships
There's no
easy way to get rid of those ships, which are a potential
environmental nightmare. Tied together with thick wire cables, the
ancient flotilla creaks and groans with old age.
The 100 ships
anchored here once carried cargo, missiles, and
rescue equipment,
helicopters, satellite-tracking devices and
troops around the globe. This is
the James River Reserve Fleet,
commonly known as the Ghost Fleet. The ships,
retired navy and
merchant vessels, are rusted and corroded and slowly
deteriorating.
Congress has mandated that the Maritime
Administration, the
government agency that has custody of the James River
Reserve Fleet, dispose of the Ghost Fleet by 2006, but has not yet
appropriated the money to do the job. Discharges of oil from the
James
River Reserve have the potential to cause hundreds of
thousands to millions
of dollars in environmental damage,
depending on the severity of the
discharge. This wasn't a
problem prior to 1995, because the United States
recycled its
retired ships abroad. But new health, safety and environmental
laws that require the removal of PCBs from the merchant fleet put
an end
to overseas scrapping. It costs even more, $2.7 million, to
dismantle and
dispose of a single vessel.
One alternative has been to turn the
ships into artificial reefs.
Unfortunately not all ships in the Ghost Fleet
are candidates for
artificial reefs. Even if they were, the cost, although
less than
scrapping, is still $1 million for each ship.
For
more information visit: VOANews.com
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Why not use
em to store some of that useless government
paperwork and those extra 300
dollar toilet seats!
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READ THE FINE PRINT
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Insurance Pitfalls By Nicholas Walsh, Attorney at Law
The challenge with
your maritime insurance policy is to make
sure your business's claim falls
within the contract you sign.
Here's a few ways to make sure you get the
coverage you
thought you had.
A few days after I broke my leg, I got the
nicest call from an
insurance adjuster. She asked me, in the kindest way,
how I was
feeling (not great), what I was up to when I fell (walking the
dog),
and whether, by the way, the injury had anything to do with my
employment (no). Having satisfied itself that the injury wasn't
compensable under workers' compensation-a common
exclusion in health
insurance policies-the company paid the
claim.
When an insurance company
gets a claim, it sets about
determining if it can avoid paying it. There's
nothing wrong with
that; insurance is a contract between the insured and the
carrier,
and if the claim doesn't fall within the contract, the company
shouldn't pay. Insurance companies answer to their shareholders,
and
humanitarian concerns play little role in the decision to honor
a claim.
The challenge is to make sure your business's claim falls within
the
contract. Here's a few ways to make sure you get the
coverage you thought
you had.
1. Read the Policy Endorsements and Warranties. Endorsements
and warranties are attachments or paragraphs that modify the
policy.
"Endorsements" are generally used on auto, home,
business and life-type
polices, while "warranties" are usually
seen in marine insurance, but
they're essentially the same thing.
On the marine side, a typical warranty
is a geographic or
calendar limitation. For example, your policy covers the
boat from
various perils of the sea, but a warranty attached to the policy
says coverage exists only from Eastport to Cape Cod to 100
miles
offshore, or requires the boat to be hauled by November 1.
Violate any
warranty and your coverage is gone, at least until you
are again in
compliance with the warranty.
A Captain Warranty is common in commercial
boat policies. This
warranty identifies the master of the ship, and requires
as a
condition of coverage that the insurance company approve any
master. The insurer of a Hawaiian longliner declined coverage
because
the insurer had not approved the captain who was on
board when the boat
sank. There was no proof that any other
captain-such as the one the company
had approved-could have
prevented the sinking, yet the court had little
difficulty in letting the
insurance company off the hook. There wasn't even
a trial. Marine
insurers have a hard time assessing risk, the court said,
and they
are entitled to strict enforcement of their warranties. Bottom
line:
read and comply with your endorsements and warranties.
2. Keep
Your Agent in the Loop. Let's say you are going to do
something a little
different: rent boats, sell reconditioned
outboards, or teach new boat
owners how to operate.
First, read your policy and make sure what you want
to do won't
void your coverage. Second, and perhaps more importantly, give
your agent a call. Tell him or her exactly what you're up to and
make
sure coverage will exist. For example, if you've always
rented boats but now
you're going to give lessons before the
rental, tell your agent. If the
agent says no problem, write or e-mail
the agent confirming the
conversation. Remember, often an
inexpensive special endorsement can cover
new operations, but
it's up to you to tell the agent what you need covered.
If running a boat is part of your operation, give your agent the
details. You will get an endorsement or policy protecting the
business
against a Jones Act or similar claim. The policy or
endorsement may well
restrict, perhaps by name, the persons
who can run the boat. A similar
exclusion may state how many
employees can be on the boat at any time. Read
these
exclusions carefully.
3. Don't Lie to the Carrier. If you lie on
the insurance application,
alter a vessel survey, or otherwise lie to the
carrier, don't expect to
be covered.
4. Take Care of Your Physical
Plant. If your boat sinks because a
seacock rusts away, or the boat shed
collapses because the sills
rotted, you may be out of luck. Policies do not
generally protect
against loss due to normal deterioration and wear and
tear.
Check with a lawyer if you're denied on this basis.
5. Know your
theft coverage. Theft of cash or valuables is often
not covered under the
standard business policy. Many marine
policies claim to protect against
"assailing thieves," in their quaint
and ancient language, but the policy
may not cover a crook
making off with the electronics. Don't count on
coverage for
electronics, cash, or valuables unless you have specifically
asked your agent for it. This is one to watch out for.
If you are denied
coverage, go to a lawyer who knows insurance
coverage. Many times a good
argument can be made that
coverage exists, and the legal work to make the
case-or to
confirm that the denial is correct-is cheap compared with the
loss.
-Nicholas (Nico) Walsh is a maritime and business attorney at
111 Commercial Street in Portland, Maine. A former commercial
fisherman,
merchant mariner, and Coast Guard officer, he has
served waterfront
businesses since 1988. 207-772-2191, or
sealaw@gwi.net.
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I can relate to some of what Nico is
discussing because in 1989,
after hurricane Hugo rolled through our area; a
large oak tree fell
on my small boat parked on a concrete pad next to
my house
always ready to go fishing in an instant!
The center console was
crushed along with the motor cover but I
didn't worry as I had a good
home-owner's policy.
When the adjuster arrived we spent an hour inside and
out of the
house surveying the damage and when we rounded the far side
of the house I pointed at the boat and asked what he thought it
would
take to fix it. Was I shocked when he said the only time
homeowner's covers
a boat is if it was parked inside a garage!
What was so terrible is that on
the other side of the house was an
empty garage; I'll know better next
time.
Thank goodness the house broke the fall of the tree because the
same tree crashed through two bedrooms and the hall,(I told you
it was a
big tree!) of course that was covered.
Moral of the story: Read the fine
print and if a storm's
approaching; put you boat in the garage, not the lawn
mower!
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GOTTA LOVE THOSE MANATEES
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Following the
Manatee Population Ecology and Management
Workshop, which ended on Thursday,
4 April, US federal and
state officials still are faced with questions and
decisions about
manatees' status and future.
The conference, which
drew about 100 people, offered new
science and updated information about the
population, according
to a Friday, 5 April report in the Orlando Sentinel.
State and federal officials will decide individually whether the
manatee should continue to be classified as an endangered
species, aid
the report.
In addition, the US Fish and Wildlife Service will decide if
there is
a number or percentage of death that is acceptable, while
allowing the manatee population to thrive and be healthy.
David
Hankla, field supervisor for the federal agency, told the
newspaper that the
conference did not provide a lot of answers -
in fact, the agency now has
more questions.
"No one has drawn the overall picture. That will fall
back on us,"
he added.
Some studies presented at the conference show
that manatees
are surviving at a high rate, while others noted the rate of
death by
boats has been on the rise, said the newspaper.
The growing
debate in Florida over the impact of recreational
boating on manatees has
been moved by the US federal
government into the court of public opinion,
reported Florida
Today on Saturday, 22 June.
The US Fish &
Wildlife Service has been gathering public
comments on the issue to help it
draft a new plan to protect the
endangered mammal, which may include
limiting boat speeds
and the number of docks and marinas in manatee
habitats, said
the newspaper.
The deadline for public comment is
Tuesday, 25 June, it reported.
Chuck Underwood, a spokesman for the US
Fish & Wildlife
Service, told the newspaper that the economic impact
also would
be studied.
"It's going to outline under what conditions
certain activities may
occur," Underwood told Florida Today. "Those kinds of
decisions haven't been made yet."
Plan to address issues
The
forthcoming plan could also limit the number of manatees
permitted to be
"killed, harmed or harassed" in a given area over
a pre-determined time
period, reported the newspaper.
Specifically, noted Florida Today, the
Fish & Wildlife Service is
seeking public input to determine what
regulations should be
included in the manatee protection plan, how those
rules would
impact manatee and human populations, what will be the
possible social and economic impact, how to lessen impact of
harmful
watercraft activities on manatees, and how to gauge the
result of incidental
take on manatees.
The need for a plan to deal with the various issues
regarding
manatees was established in a legal settlement from January
2001 with the Save the Manatee Club and other environmental
groups in
which has Service agreeing to establish a manatee
refuge system and a limit
to manatee killings, said the
newspaper.
"This is pretty wide open,"
Underwood told Florida Today. "We're
not wanting to restrict anybody in what
they propose to us."
Opposing sides weigh in
The Marine Mammal
Protection Act of 1972 and the Endangered
Species Act of 1973 both forbid
the "killing, injuring or harassing --
of listed species, without specific
authorization," said the
newspaper.
Sandra Clinger, regional
coordinator for Save the Manatee Club,
reported to Florida Today that the
killing of manatees has been
ongoing.
"The Fish and Wildlife Service
was supposed to address this a
long time ago," she said to the newspaper,
"They've never done
it."
Tom McGill, a Merritt Island resident suing
the state and federal
government to prevent new manatee slow zones in
Brevard
County, told the newspaper, "They go out and ask people for all
kinds of input, but they know what they want to do already."
Comments on the manatee issue may be directed to Stefanie
Barrett,
Jacksonville Field Office, 6620 Southpoint Drive, Suite
310, Jacksonville,
Florida, 32216-0958.
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Hey, are all of
you tired of hearing about Manatees? They've
regulated, discussed,
restricted, debated, appointed, polled,
studied, comissioned, and gathered
enough comments to build a
seperate Bay just for the Manatees :-)
So if
you just gotta make a comment on the endangered or
maybe not endangered
Manatees send your thoughts here:
manatee@brokeboats.com
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NEW MESSAGE BOARD FOR ALL
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Here's an
invitation from Capt. Joe to drop by and share your
comments and knowledge
with some new boating friends.
Capt. Joseph G. Berta,
CMS
Master Marine Surveyor
Marine Support On Line
www.marinesupportonline.com
Hi
Guys!
We have recently launched this Web Board for Boaters in
Ontario.
{"What he really means is that all boaters are welcome;
trust me
folks"},WW
I'm counting on you to help us get it off the
ground.
It is free for anyone to use, (cost me money to host it)
but it should
be fun and informative, so help out by getting on and adding
something you have to say.
Just click the following and enjoy
the ride:
http://pub78.ezboard.com/bontarioboatersforum
Thanks,
Capt.
Joe
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NEW OUTBOARD DEALERS
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New Tohatsu
Outboards dealers in the US and the
Caribbean
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http://www.tohatsu.com/
Allen's
Marine - Pascagoula, Missouri
Big "A" Performance - Decatur,
Tennessee
Blue Water Ships Store - Foley, Alabama
Boats-N-More -
Moore, Oklahoma
Fiberglass Unlimited - Victoria, Texas
Garage Ely-
Mayaguez, Puerto Rico
Green Mountain Marina - Rockingham,
Vermont
Green's Outboard & Machine Shop - Lufkin, Texas
J
& B Boat Shop - Ashdown, Arizona
Like Nu Boats - Bristow,
Oklahoma
Orange Beach Sailing Center - Orange Beach,
Alabama
Quivira Garage - Edwardsville, Kansas
Sailboat Supply -
St. Croix, Virgin Islands
Scotty's RV & Marine Mobile Service -
Crescent City, California
Tanglewood Marine - Amarillo,
Texas
Windward Leeward Watersports, Inc. - Oranjestad,
Aruba
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New Nissan
Marine dealers in the US and Canada
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http://www.nissanmarine.com/
Blue
Water Ships Store - Kemah, Texas
Boat & Motor Superstore - Tampa,
Florida
C & C Enterprises - Woodville, Texas
C.A.S. Power
Marine Ltd. - Cambridge, Ontario
Four Seasons Storage & Repair - Fort
Frances, Ontario
Green Lake Marina, Inc. - Green Lake,
Wisconsin
Harris Marine & Tire, Inc. - Kingston,
Tennessee
Northwest Recreation - Duluth, Minnesota
Onboard Corp. -
Shorewood, Minnesota
Pace Marine, Inc. - Pace, Florida
Sailnet -
St. Petersburg, Florida
Sailing World Inc. - Fox Lake,
Illinois
Scott's Marine - Brazil, Indiana
The Boat Place, Inc. -
Belleville, Illinois
Waters Sales & Service - Fairlee,
Vermont
Weather Mark LLC - Buford,
Georgia
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Drop on by and say hi if
one is near you, and tell em Broke Boats
sent you over there for the
introductury sale! :-)
A new dealer should have some "new dealer programs"
that
allow them to give you a better discount than any other time.
As a
general rule most new dealers will bend over backwards to
make and KEEP a
new customer so if you're looking for a new
motor it might be a good time to
look into one.
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Whoops, Maybe You Can Help
Me
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If you read the last
issue then you know I've had a couple PC
crashes without a decent backup in
place lately.
Well; I stumbled through it okay and retreived most of my
data, but
as yet, can't seem to find any of the newsletters I wrote before
November, 2001. If any of you older subscribers still have a copy
of any
"Back on De' Hill" newsletters before November,2001;
would you please send
em to me at wayne@brokeboats.com
I'd like to put them on the website for others to read and I'll keep a
back-up copy this time...I promise.
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Did you get yours yet?
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Why not show
your support for Broke Boats.com by ordering your
floating buoy keychain?
They have a waterproof compartment to store your registration or
mad
money in too.
Get one now at:
<a href=" http://www.brokeboats.com/keychain.html
">Click!</a>
I appreciate your support; it makes it easier to
keep new and
updated information available to my fellow boating
friends.
Thanks,
Wayne
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Fair Winds for now, but remember: * STAY SAFE AFLOAT
*
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Feel free to foward
this newsletter to anyone you think would
enjoy the read.
If you
received this newsletter from a friend all you have to do to
get your very
own copy each month is to simply sign up by
clicking right here: http://www.brokeboats.com/subscribe.html
Hey, for that matter, feel free to print it out and tack it up on the
bulletin board at your local marina, launch ramp, hardware store,
pool
hall, golf course, grocery store, laundromat, Sears, K-mart,
gas station,
town hall, movie theater, 7-11, or company bulletin
board........
Just
don't tack it up at the post office,
they might think it's a wanted
poster !
***************************
++++++++++++++++++++++++++++++++++++
As always, I respect
your privacy here and on my website.
Your personal and contact information
will never be shared with a
third party without your
permission.
Remember, any time you tire of my rambling here just send me an
E-mail and tell me to quit sending this information-packed
newsletter to
your inbox each month........Or..........
Just hit the delete button 12 times
a year!
++++++++++++++++++++++++++++++++++++
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