-
The California Yacht Brokers Association Newsletter
THETHE
NEWSCYBACYBA
NEWSMay-July 2012
Inside This Issue:
(cont. on page 5)
THE CYBA HAS A NEW ADDRESS!!! Please send any correspondence
to
CYBA • 4090 S. McCarran Blvd., Suite E • Reno, NV 89502
As California Goes, So Goes Other Boating Programs?
As California Goes
.............................................................Page
1Board Of Directors
.............................................................Page
2From The President
...........................................................Page
2Duty To Disclose
.................................................................Page
2Investigation And Audit Of State Parks
........................Page 3Along The
Waterfront........................................................Page
4Editor’s Notes
.....................................................................Page
4Shelter Island Boat Festival
.............................................Page 6Proposed New
Membership............................................Page
6Requirements To Enter
Mexico.......................................Page 8Board Of
Directors Meeting ............................................Page
9Effort To Overturn No-Fishing Zones In CA ...............Page
10RBOC Supports Legistlature’s Decision ......................Page
14NMMA Disappointed In U.S. Court Of Appeals ........Page 14Monthly
Quote
.................................................................Page
16Calendar Of Events
..........................................................Page
16
As California goes, so goes other boating programs?
There’s no other way to look at it: boating in California has
taken a huge hit. And it should sound an alarm in other states
where boating programs funded solely by boaters could be raided and
diverted.
Earlier this month, the De-partment of Boating and Water-ways,
dubbed Cal Boating, died. It was officially folded into the Parks
& Recreation Department, ending years of successful fight-ing
by boating interests against such proposals dating back to
Govs. Pete Wilson (1992 and ’96) and Arnold Schwarzenegger (’03
and ’09). But under current Gov. Jerry Brown, the boating families
in California have finally lost.
“It was a model user-pay, user-benefit program,” says Dave
Geoffroy, former executive direc-tor of the Southern California
Ma-rine Association and now execu-tive director of the new NMMA
West. “This clearly jeopardizes many programs and services that
California’s boaters received and willingly paid for. No
general-fund monies were involved. It was strictly that boaters
paid for what they received.”
The administration claims that the demise of Cal Boating is to
“cut costs and reduce redun-dancies in government agencies.” Why
does that remind me of the lipstick-on-a-pig thing? How about an
agenda that diverts the $69 million California boaters provide
annually in their registra-tion fees and gas tax on boat fuel to
support an under funded parks system? The fact is these funds will
now be included in Parks & Recreation’s budget and nothing will
prevent the funds from being
diverted to non-boating uses.Until now, at least, Cal Boat-
ing has successfully provided funds for general boating
activi-ties, boating safety programs, law enforcement, and
facilities con-struction and improvements. The very real fear is
that the integra-tion with Parks’ funds will result in a loss of
services to Cal boat-ers.
Is there any bright spot here? That depends on how you look at
it. Assemblywoman Joan Buchan-an, D-San Ramon, sponsored and passed
A.B. 737 that preserves the old Boating Department’s commission and
also requires that one seat on the Parks and Recreation Commission
must be for a representative of California’s boaters. However,
under the new law, the boating commissioners have no more authority
to de-cide how boating funds are used throughout the state.
Sadly, California’s financial woes aren’t unlike those of many
other states. Moreover, in the many states where there are also
dedicated funds for boating, it
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PAGE 2 California Yacht Brokers Association • May-July 2012
2012 BOARD of DIRECTORSPresident
Tom TrainorO: (916) 777-6559
E: [email protected]: (916) 777-6365C: (916) 798-8667
1st Vice PresidentDennis Moran
O: (949) 642-5735E: [email protected]
F: (949) 642-9884C: (714) 299-1286
2nd Vice PresidentRon Gullan
O: (619) 224-2349E: [email protected]
F: (619) 224-4692C: (619) 518-2349
SecretaryAnita Mays, CPYBO: (855) 825-5974
E: [email protected]: (877) 270-5891C: (949)
533-6812
TreasurerJames H. JohnsonO: (619) 222-0626
E: [email protected]: (619) 222-1695C: (619)
784-9002
DirectorDick Angel
O: (510) 331-7000E: [email protected]
F: (510) 538-9100
DirectorNick Friedman, CPYB
O: (310) 547-4416E: [email protected]
F: (310) 547-4258C: (310) 748-5409
DirectorDean A. West
O: (619) 590-1999E: [email protected]
F: (619) 447-8655C: (619) 417-9378
Executive DirectorDon Abbott
O: (800) 878-7886E: [email protected]
F: (775) 353-5111C: (775) 745-6565
Legal AdvisorTom Russell
O: 949-854-6000E: [email protected]
F: (949) 854-6001C: (949) 244-6230
(cont. on next page)
The summer sales season is in full swing. I hope everyone is
taking advantage of all the hard work done this past winter and
spring to create sales. It is time to make hay while the sun is
shining.
Those of you reading this newsletter and have not been involved
in the CYBA, please take the time to talk with one of our Board
Members or Committee Heads about the CYBA. Remem-ber, this is your
organization, and for its continued success we need members to get
involved.
Despite all the hard work, we were unable to stop the governor
from completing his reorganiza-tion plans and the Department of
Boating and Waterways is now part of the Department of Parks and
Recreation. Please take the time to read the report from Bill
Krauss, our CYBA Legislative Advo-cate. He details many changes in
Sacramento and always provides helpful insights on many of today’s
issues.
The Southern California Legal Seminar was held June 13th at BCYC
in Newport Beach. The at-tendance this year was the best
we have had for many years and Tom Russell and Wayne Rodgers did
an outstanding job organiz-ing the seminar. Our speakers covered a
wide array of topics and I want to personally thank all who
participated. For those who attended, I know you came away with a
vast amount of information. If you missed this one, seek out
someone who did attend and get some of the details. You missed one
of our best seminars.
One of the topics discussed at the seminar was the topic of
YACHTWORLD’S Private Label Search (PLS). The Department of Boating
and Waterways has taken a legal position that this program violates
the Harbors and Naviga-tion Code. If you are using this program,
you are in violation of California Boating Law. If you have any
questions, contact Fahim or Marinda in the Enforcement Unit of the
Department of Boating and Waterways.
Last but not least, the topics of Cashier’s Checks, Wires, ACH
Transfers, and Personal check
“Duty to Disclose” = Concerning the sale of goods, such as
vessels/yachts, Brokers have a duty to disclose known and suspected
material facts, including defects and deficiencies in the
property.
Failing to close known, hidden and/or suspected defects to the
property in the listing and sale process can expose brokers to
legal liability.
Duty to Disclose
-
California Yacht Brokers Association • May-July 2012 PAGE 3
From The President… (cont. from pg. 2)
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direct deposits were all discussed. The best method of payment
is a wire. All the other options can have problems. Suffice to say,
be careful out there in the world of financial transactions. The
crooks are getting better all the time!!!
Investigation and Audit of State Parks and Recreation Department
Launched in Response to Budget Irregularities and Fiscal
Mismanagement
Governor Accepts Resignation of Parks Director and Orders
Resources Secretary to Conduct Sweeping Review
of Parks Management
SACRAMENTO - At the request of Governor Edmund G. Brown Jr., the
state Attorney General’s Office is investigating the circumstances
surrounding significant budgetary irregularities at the California
Department of Parks and Recreation dating back to at least 2000.
Governor Brown has also directed the state Department of Finance to
conduct a comprehensive audit of Parks’ fiscal controls and the
California Natural Resources Agency Secretary John Laird to conduct
a sweeping review of Parks’ management.
A preliminary investigation into Parks’ finances has revealed
that for at least 12 years the department underreported tens of
millions of dollars to the state Department of Finance. As a
result, the Department of Finance was not aware that the State
Parks and Recreation Fund and the Off Highway Vehicle Fund held
$20,378,000 and $33,492,000 respectively above their official, most
recently reported balances. The underreporting occurred over the
course of two prior gubernatorial administrations.
Call your FinanceSpecialist Today!
949-363-0483
ScottLoans.com
-
PAGE 4 California Yacht Brokers Association • May-July 2012
ALONG THE WATERFRONT
could be all too easy for administrations and/or law-makers to
attempt to divert boater’s money to more general uses. It’s
paramount, then, that the industry, including state and local
marine trade associations as well as boat clubs and owner
organizations, stand ready to defend their user-pay, user-benefit
pro-grams. Don’t doubt for a moment what happened in California
could easily be coming to a state near you.
Norm Schultz
It’s hard to believe that the summer is more than half over. I
hope all of you who are reading this month’s newsletter have been
enjoying some time out on the water with your family and friends.
It seems that no sooner than summer gets here – it’s coming to an
end. But one of the nice things about California is that we are
fortunate enough to be able to enjoy boating as a year round
activity, unlike so many other parts of the United States that will
be preparing to put their boats away in the next 30 days for the
upcoming winter.
As most of you know, the DBW has been absorbed into the DPR
(Department of Parks & Recreation). No sooner than that was
done, and news breaks of some accounting irregularities at the DPR,
which now has the Governor ordering an internal investigation. The
DBW “Cash Cow” is about to be MILKED! The Department is primarily
funded through boating registration fees and gasoline taxes on boat
fuel, generating about $69 million a year. These funds will now be
included in Parks and Recreation’s budget and could be allocated
for non-boating-related issues. This certainly doesn’t bode well
for what we in the yachting industry may have to look forward to.
It does however, speak to the commitment that each and every one of
us will have to make to insure that we, as stewards of high
standards of business practice, continue to carefully monitor our
practices, as well as those of our associates, as we deal with the
public. Now more than ever it will be incumbent on all us who are
in the sales area of this industry, from this
point forward, to hold ourselves and those who we do business
with to maintain those stellar standards that the CYBA has espoused
since 1975, insuring that the buying and selling public is treated
with good sound business practices.
The comments made by the Editor should not be construed as
representing the Board of Directors or this Association.
Since the last newsletter Southern California has had a boat
show and a first time Shelter Island Boat Festival. The boat show
was held July 26-29th at the Harbor Island Sheraton Hotel and
Cancer Survivor Park. This was the first show for the NMMA since
merging with the SCMA. Those that participated saw four days of
good traffic from the public, and I understand there were several
transactions put together and a number of good leads eminated from
the show. This is a show that you will want to watch and certainly
consider being a part of in the future as I feel it will only get
better and bigger. The Shelter Island Boat Festival was held on
August 4th & 5th and from what I saw, and feed back from those
who where directly involved with the festival, it was a good
weekend of traffic. (More on that in the newsletter).
The “ALONG THE WATERFRONT” section in the newsletter is getting
great response. Remember this is a great way for your company to
get the word out on changes at your office whether it is new
personnel, new product-line, or even a new or relocated office.
These are all newsworthy topics, and I hope you will take a moment
of your time and allow your newsletter to work for you – please
submit articles to me via email at [email protected] . I ask
that you try and keep the article to a couple paragraphs if at all
possible. Thank you.
Respectfully James H. JohnsonEditor
Russ Cornelius, broker of record at Ensign International Yacht
Brokerage, announced that he has brought Jack Buckley on board to
manage Ensign Yachts. Jack comes to Ensign Yachts
well-credentialed. He is a current member and past president of
California Yacht Broker Association (CYBA) and is qualified as a
Certified Professional
Editor’s Notes
Jack Buckley Joins Ensign Yachts as Broker/Manager
Yacht Broker (CPYB) by the National Yacht Broker Certification
Program. He has been successful selling hundreds of yachts and
managing brokerages in San Diego for over 12 years.
Ensign Yachts is located at 1450 Harbor Island Drive in Cabrillo
Marina on Harbor Island in San Diego.
As California Goes… (cont. from pg. 1)
Visit Our Website www.cyba.info
-
California Yacht Brokers Association • May-July 2012 PAGE 5
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• www.californiayachts.com has links to each brokers web
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PAGE 6 California Yacht Brokers Association • May-July 2012
Shelter Island Boat FestivalOn Aug 4 & 5th the first of what
is sure to become
a regular event in San Diego and known as the Shelter Island
Boat Festival was truly a community event that showcased the area’s
finest yachts and Shelter Island’s rich maritime culture. Held at
Nielson Beaumont Boat Yard on Shelter Island Drive a two-day event
packed with boat exhibits, maritime vendors, and Harbor Police Boat
tours and on water demos. Along with all to see and do attendees at
the festival had the opportunity enjoy live entertainment from
local musicians and mouthwatering for prepared by local restaurants
– All for FREE.
That’s right no admission and high pressure sales – just open
relaxed atmosphere that seemed to work well considering the
comments below.
“We have had more viable ‘bites’ here from actual boat buyers
than we have seen in months” Drisoll, Naya and Mike
“The feel of this event is far from a boat show. It is a
community event that involves people who are actually interested in
buying boats” Blue Pacific
“You guys did an amazing job putting this together, it exceeded
my expectations. I got a great spot and look forward to doing this
next year.” Wayne Jones, Selene
“This is great; the docks are full of people. Great turn out,
very attentive staff. We will bring more boats next year.” Peter,
Marine Max
”I enjoyed taking part in the “Festival” this past weekend and I
hope it can grow and become an annual event. It was great to meet
…the…crew at JK3 and I look forward to developing a mutually
beneficial relationship with… them.” David Spiegel
“We came all the way from the bay area to be a part of this
event. We have had so many people genuinely interested in what we
have to offer. The event was also very fun. We look forward to
coming back next year.” Wayne Moors, Pacific Marine
Manufacturing
“This is great. We have seen a lot of traffic. We are glad we
are here. It is a small event and feels exclusive. Nicely done.”
Lonnie, Richards and Lynch
“We are happy to be here we have some very interested people.
When they come back 2 days in a row you know.” MacDonald Yachts
“We got a great spot and are happy to be part of this community
event.” Fairline Yachts
”This is such an amazing event, haven’t seen anything like this
in the area before.”
”Free Food! Free paddle boarding! Great boats! Wish this was
every weekend!”
”I just moved here from AZ. What an experience I feel so welcome
into this community. This is why I moved here.”
”We came all the way from AZ to be here. We are boaters and
looking to buy. We are subscribers to The Log and knew if this
event was featured there it would be worth it.”
“Read about this in The Log this morning, I am very excited to
be here.”
“We were here yesterday and are back today. This is a great
event. Fun for the family and great for viewing boats. Not
overwhelming like a typical boat show.”
August - September Proposed New Member(s)Mr. Jeff Merrill
Pacific Asian Enterprises PAE / Nordhavn SWAssociate Member
Sponsored by:Kenzie Lobacz of Dream Catcher Yachts
& Dan Streech of PAE
-
California Yacht Brokers Association • May-July 2012 PAGE 7
YFS
POWER & SAILPOWER & SAILCelebrating 25 Years
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San Diego Sunroad Marina Boat ShowSunroad Resort Marina
San Diego, CAJanuary 26-29, 2012
www.bigbayboatshow.com
Northern California Boat Fest
Marina Village Yacht HarborAlameda, CA
March 1-4, 2012BoatFestival.blogspot.com
56th Los AngelesBoat Show
L.A. Convention Center,South Hall, Los Angeles, CA
February 9-12, 2012LosAngelesBoatShow.com
63’ Hatteras Raised Pilothouse Motoryacht 2001Available at
Richard Boland Yachts
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YFS
POWER & SAILPOWER & SAILApril 2012 • VOL.
24.11Celebrating 24 Years
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Pacific Powerboat ExpoApril 12-15, 2012 - Jack London Square
Port of Oakland, CAwww.ncma.com
39th Annual Newport Boat ShowApril 19-22, 2012 - Lido Marina
Village
Newport Beach, CAwww.newportinwaterboatshow.com
2012 90’ Ocean Alexander MotoryachtOffered by Ocean Alexander
& Tiara YachtsNewport Beach, CA - (949) 515-7700Seattle, WA -
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YFS
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12th Annual Dana Point HarborBoat Show
Dana Point Harbor, CAMay 31-June 3, 2012
www.danaboatshow.com
Orange County Boat & RV FestivalNewport Beach at the Dunes
Resort
Newport Beach, CAJune 14-17, 2012
www.orangecountyboatshow.com
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-
PAGE 8 California Yacht Brokers Association • May-July 2012
Dona JenkinsMaritime Document Service, Inc.
U.S. Coast Guard Documentation | CA State RegistrationMexican
Fishing Licenses | Crew Lists
1050 Rosecrans St., Suite 3, San Diego, CA 92106(619) 223-2279 u
Fax (619) 223-1002
[email protected] | www.donajenkins.com
Active Member
IMMEDIATE OPENINGfor experienced salesperson.
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Email resume to:[email protected]
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Consulate General of Mexico in San DiegoPress Release #
06/2012March 12th, 2012Contact: Alberto DiazTel. 619308-9924Cel.
619-649-5364Email: [email protected]
In order to respond to recent requests for in-formation
regarding the procedures to be followed, and the permits to be
obtained by foreign tourists entering Mexican waters for sport
fishing activities, the Consulate General of Mexico in San Diego
com-municates the following:
• There is no visa or new immigration require-ment for sport
fishing purposes. U.S. citizens, perma-nent residents of the United
States, and foreigners who carry any type of valid U.S. visa do not
require a Mexican visa to enter the country as tourists for a
period of up to 180 days.
• According to current regulations, US citizens that wish to
enter Mexico for any purpose, including sport fishing, must: (i)
present themselves before migration authorities in a port open for
international transit of persons. Ensenada is presently the nearest
Mexican seaport to San Diego that offers this ser-vice; (ii) fill
out the Multiple Migratory Form (FMM); (iii) present a valid
Passport or any other valid form of government issued id; and make
the tourist im-migration rights payment of $294 (Two hundred and
ninety four Mexican pesos)
• Mexican law considers the possible participa-tion of consignee
agencies. Their function is to sup-port all administrative
procedures, such as gathering information, filling out forms and
payment of fees. The hiring of the aforementioned services for
recre-ational or sport fishing vessels for private use is not
mandatory. Fees charged by consignee agencies are not part of the
government rates applicable to the issuance of various permits.
• It is also required for every person that intends to enter
Mexico for sport fishing activities to obtain the individual sport
fishing permit, issued by the National Commission of Aquaculture
and Fisheries (CONAPESCA). This permit may be processed at:
http://e5cinco.conapesca.gob.mx. Fees as of Janu-ary 2012 are:
• 1 day $110 Mexican pesos• 1 week $276 Mexican pesos• 1 year
$553 Mexican pesos• Excursion $787 Mexican pesos• Commercial
recreational or sport vessels, Mexi-
can or foreign-registered, that will make use of any Mexican
port must obtain a permit for the provision
Requirements To Enter Mexico For Recreational Sportfishing
Activities
(cont. on page 16)
-
California Yacht Brokers Association • May-July 2012 PAGE 9
DATE: June 12, 2012 6:15p.m.
VENUE: Bahia Corinthian Yacht Club CALL TO ORDER: President, Tom
Trainor ATTENDING DIRECTORS:Tom Trainor, PresidentDennis Moran, 1st
Vice PresidentRon Gullen, 2nd Vice PresidentJim Johnson,
TreasurerAnita Mays, SecretaryNick Friedman, DirectorDean West,
Director
ALSO IN ATTENDANCE:Don Abbott, Executive Director Tom Russell,
Legal AdvisorJack Buckley, Past PresidentJeff Long, Past
PresidentWayne Rodgers, Past PresidentMorrie Kirk, Past
President
GUESTS: Steve Myers ABSENT:Dick Angel, Director MINUTES: The
Minutes from the meeting on April 26, 2012 were approved and moved
to accept by Ron Gullan and seconded by Nick Friedman, motion
carried.
FINANCIAL: Jim JohnsonCredit cards for tickets to the Law
Seminar have not been recorded as of yet. We have $36,000 in bank
which is about $4500 ahead.
CORRESPONDENCE: None
PRESENTATIONS: None
COMMITTEE REPORTS
LEGAL: Tom Russell Good amount of reservations for tomorrow’s
Law Seminar. Tom to find out more details about Yachtco.com
IYC: Jim Johnson, Dean West, Terie Salinas None
ARBITRATION: Dennis Moran, Guy Newmark, Bob Leslie, Dick Angel,
Jeff Long, and Jim JohnsonNone
LEGISLATION: Dick Angel, Bob Leslie, & Tom Trainor
CYBA Board of Director’s Meeting MinutesThe Little Hoover
Commission is pending. DBAW may survive. Bill Krause to give update
at Law Seminar. AB1963 – died. SB263-tabled. AB2443 - ?
SOCIAL/PUBLICITY: Guy Newmark, Don Abbott, Anita MaysNone
MEMBERSHIP COMMITTEE: Terie Salinas, Jack Buckley, Miquel
Corelli, Dean West, Jim Johnson, Ron Gullan, Don Abbott
Salesperson – Kenneth Daniels w/Richards and LynchMotion to
approve – Jim JohnsonSeconded – Dean WestApproved by majority
vote.
FORMS COMMITTEE: Nick Friedman, Dick Angel, Terie Salinas, Jack
Buckley, Anita Mays, Don Abbott, Ron Gullan
Per Tom Trainor – OK with DBW – emails are acceptable for
updates to Listing Agreement for 1. Change of price 2. An
Extension. Can also do initials next to the actual change on the
Agreement.
Updates to Forms per Nick Friedman – Purchase Agreement:
Regarding Paragraph 4 – there is now a time standard for each part
of the process. Listing Agreement: Adding a line for a minimum
commission that will only appear if you check it. Also making all
forms available in blank format. The committee is also reviewing
the possibility of permission levels and updating international
address entry.
Tom Russell to check if can be added to Broker/Salesperson
Agreement – listings belong to the broker.
ETHICS AND BYLAWS COMMITTEE: Dean West, Lon Bubeck, Ron
Whitelaw, Guy Newmark, Bob Leslie, Morrie Kirk, Dick Angel, Jeff
LongNone
INTERNET AND MEDIA COMMITTEE: Jim Johnson, Dean West, Don
AbbottNone
NEWSLETTER: Jim Johnson It has been decided that the Newsletter
will be issued 4 times per year (quarterly). 17 Members currently
receive it by regular mail. Everyone else receives it by email.
Next deadline 7/16.
(cont. on page 12)
-
PAGE 10 California Yacht Brokers Association • May-July 2012
Legal Effort to Overturn No-Fishing Zones in California
ContinuesCoastside Fishing Club Files Opening Brief as Part of Its
Appeal Against Unfavorable Ruling
Sacramento, CA – June 20, 2012 – With the recent adoption of
marine protected areas in Cali-fornia’s northern region, a vast
network of no-fishing zones along California’s coastal waters is
now in place. However, the legal status surrounding how these
no-fishing zones were established remains a question. Coastside
Fishing Club, a member of the Partnership for Sustainable Oceans
(PSO) which represents the recreational fishing and boating
community, has announced that legal efforts against the Marine Life
Protection Act (MLPA) process, which established the no-fishing
zones, continues. Coastside recently filed an opening brief in its
appeal of an October 2011, ruling that upheld the regulations
created through the MLPA process.
“While anti-fishing groups have celebrated the adoption of MLPA
regulations throughout the
state, we remain confident that these regulations were enacted
without legal authority,” said Coastside Fishing Club’s President
Rick Ross. “We are hopeful that through this appeal, the serious
flaws in the MLPA process will be recognized by the court and,
subsequently, overturned.”
Coastside Fishing Club, along with United Anglers of Southern
California and California citizen Robert Fletcher, filed a lawsuit
in January 2011, against the California Fish and Game Commission to
invalidate regulations established through the MLPA process. The
lawsuit cites a lack of statutory au-thority for the California
Fish and Game Commission to adopt the closure regulations. The
Commis-sion relies on a statute that was enacted as part of the
Marine Managed Areas Improvement Act. This Act has certain
prerequisites to regulatory action, which the Commission admittedly
did not satisfy.
Despite this, a judge in the San Diego Superior Court ruled
against Coastside Fishing Club in October 2011, upholding the MLPA
regulations. After a careful review, Coastside concluded that the
ruling is inconsistent with the mandates of the law as established
by the legislature, and initiated the appeal process. A ruling from
the appellate court is expected by year’s end.
“The legal effort against the MLPA is our best chance to stop
these burdensome closures from continuing to negatively impact
California’s fishing community,” said Ali Hussainy, president of
BDOutdoors.com. “The best way for anglers to help fight for their
fishing rights in California is to visit www.SaveCAFishing.org and
make a contribution. All anglers need to stand together and fight
for our right to fish before it’s too late.”
Along with the PSO, BDOutdoors launched www.SaveCAFishing.org to
raise awareness of the legal challenge against the flawed MLPA
process and to provide an opportunity for all anglers, boaters and
anyone interested in fair legal process to contribute to the
effort. Under the “Donate” section of the site, individuals can
contribute $5.00 or more a month on a recurring basis, or make a
one-time donation. All proceeds will directly support legal action
to keep California’s healthy and abundant coastal waters open to
recreational fishing.
-
California Yacht Brokers Association • May-July 2012 PAGE 11
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PAGE 12 California Yacht Brokers Association • May-July 2012
Attention all interestedYacht Brokers and Salespersons:
CERTIFIED PROFESSIONALYACHT BROKER (CPYB)
~ STUDY SESSION AND TESTING ~
Contact Lon Bubeck, Nick Friedmanor Dick Angel for nextstudy
session & exam.
The CYBA is conducting a study session, immediately followed by
the examination, for all those interested in becoming Certified
Professional Yacht Brokers. This will be our first available
session,
in response to the great interest in this worthy program.
If you have a desire to take your business and personal
accomplishment up to the next level, you owe it to yourself and
your clients to earn the CPYB designation. Join a growing number
of the best and brightest brokers nationwide in increasing your
knowledge, professionalism, and ethical standards as they relate
to your chosen profession.
For complete information, including study materials,
applications, and required qualifications, please visit the
National Yacht Broker Certification website at www.cpyb.net. There
you will find all the
forms you need in a downloadable format.
If you have any questions, please contact one of the CYBA’s
Members on the Certification
Advisory Council:
Lon Bubeck, CPYBFlying Cloud Yachts, Long Beach
[email protected]
Nick FriedmanSan Pedro Yacht Sales
[email protected]
Dick AngelMarineMax of California
[email protected]
You may also respond to [email protected] or contact any CYBA Board
Member. The National Yacht Broker Certification office needs time
to process your application and to perform your
background check.
Brokers wishing to attend the study session, but who are not
testing, are welcome. However you must reserve a space! Seating
is limited!
NOTE: This session is for CYBA Members only. If you are not yet
a Member, and would like to join, contact the CYBA office
immediately @ 800-875-2922.
CPYB/CAC: Lon Bubeck, Nick Freidman, and Dick AngelPer Nick
Friedman - CAC is restructuring to 2 people plus an alternate. $150
Recertification Renewal. $450 if not an Association Member and the
dues are more.
Yachtworld is a key sponsor for CPYB. They gave them $20,000
this year and together they will co-produce Yachtworld University.
10 re-certification credits for anyone that attends. Committee will
look at for next meeting the possibility of CYBA sponsoring the
University along with them. LEGAL SEMINAR: Wayne Rodgers, Tom
RussellA very interesting agenda for the Seminar tomorrow. A
special thank you to Wayne Rodgers, Tom Russell, Dennis Moran, Dean
West, and Don Abbott for working together to make this year’s
seminar one of our best! This will be the best attendance we have
seen in over 5 years.
A special Thank you to our Legal Seminar Sponsors:Trident
Funding 949-475-0760Twin Rivers Marine Insurance
800-259-5701Southern California Marine Association
714-633-7581Bellport Newport Shipyard 949-723-6800
AFFILIATE PARTNERSHIP: Anita MaysNone
UNFINISHED BUSINESS: A motion was made to accept the new member
application that was presented today with the following change: 2
signatures required. Motion made by Dean West Second Ron Gullan
Motion passed.
NEW BUSINESS:
NEXT MEETINGS:9/5 Mega10/3 Long Beach 1 p.m.11/7 Mega12/5
Mega1/9 Long Beach 1 p.m.All mega Meetings are at 9:00 a.m.
Meeting Adjourned 7:34 p.m. Nick Friedman motioned to adjourn
meeting and seconded by Dean West
Respectfully recorded and submitted by,Anita Mays,Secretary
Board Meeting… (cont. from pg. 8)
-
California Yacht Brokers Association • May-July 2012 PAGE 13
The waiT is over. beTa Live Now!Check out some of our new
features:n MY MariNa™ feature helps organize and man-
age all of your clients and searches in one place online
n New custom PDF configurator with previews, photo quantity
options and customization
n broker control panel for quick site navigation
n Enter listings quickly and easily with “duplicate data”
feature
n batch upload of photos allowing immediate upload of unlimited
photos at once
n Optional “Open Listing” search exclusively for brokers (Not
for consumers)
n 55% reduction of clicks
n Click and drag photo technology for easy creation and
management of listings
n automatic updates anytime a vessel comes to market, price
change alerts and client searches
n Automated reporting and monitoring of listings to ensure the
most accurate and pure yacht for sale database in the world
n Live market statistics, charts and graphs
n Responsive online help desk and issue tracking
n Automated billing and account management
n Strategically designed navigation experience
n User tips and video tutorials (Summer 2012)
n 100% developed and maintained in the Usa
n Latest technological standards, protocols and security
THE ALL NEW YACHT COUNCIL
The Official Search Engine of the Yachting Industry.
The all new
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PAGE 14 California Yacht Brokers Association • May-July 2012
RBOC Supports Legislature's Decision to Audit State Parks
August 8Sacramento [August 8] – the boater advocacy or-
ganization Recreational Boaters of California [RBOC] is
supporting the decision of the Joint Legislative Audit Committee
[JLAC] this afternoon to accept the bipartisan request of Assembly
Members Beth Gaines and Paul Fong, and Senator Noreen Evans, to
conduct a comprehensive audit of the finances of the state
Department of Parks and Recreation [State Parks].
This action follows numerous accounts revealing that State Parks
management staff took advantage of a costly vacation buyout, and
that State Parks had $54 million in surplus money hidden for more
than a decade.
Stated RBOC President Cleve Hardaker: “the Legislature has taken
prudent action to initiate an independent audit of State Parks
vacation buyouts and hidden surplus funds. This audit will
investigate how the funds were generated, where they have been
hidden, how they have accumulated, and how the state can take
corrective action to rectify this sit-uation and prevent similar
actions in the future. The State Auditor will begin this process
immediately.”
Continued Hardaker: “The allegations of finan-cial mismanagement
at State Parks are of great con-cern. California’s boaters provide
significant funding to State Parks through park entrance fees as
well as fuel tax dollars totaling close to $30 million per year. It
is essential that boaters have confidence that the funds we pay the
state are used wisely and effec-tively. We are optimistic that this
audit will provide the transparency and accountability that are
essen-tial if we are able to reestablish boater confidence and
trust in State Parks.”
With this action by the JLAC, the State Auditor will conduct an
audit that will begin immediately. While an audit of this scope
typically takes an ex-pected seven months [2,900 hours] to
complete, the State Auditor will attempt to re-allocate resourc-es
to expedite the effort.
The state Department of Parks and Recreation has expressed its
support for the audit and its com-mitment to fully cooperate.
Jerry Desmond, Jr.Director of Government RelationsRecreational
Boaters of Californiawww.RBOC.org
DESMOND & DESMOND925 L Street, Suite 220Sacramento, CA
95814p 916.441.4166f 916.441.3520e
[email protected]
WASHINGTON, D.C. - August 17, 2012 - The Na-tional Marine
Manufacturers Association (NMMA) announced it is disappointed in
the decision today by the U.S. Court of Appeals for the D.C.
Circuit to dismiss on procedural grounds the recreational boating
industry's challenge of the Environmental Protection Agency's (EPA)
decision to allow E15 into the U.S. fuel supply. The Engine
Products Group, a coalition of organizations that includes NMMA,
sought to block the EPA decision. Other coalition members include
the Outdoor Power Equipment Institute (OPEl), the Alliance of
Automobile Manu-facturers (AAM) and the Association of Global
Auto-makers, Inc. (Global Automakers).
This decision puts the potentially dangerous E15 at gas pumps
across the country, a troubling scenario for American boaters and
the recreational boating industry.
While this decision is a setback it does not speak to the
underlying merits of the case - whether EPA was in fact correct in
its interpretation of the Clean Air Act to allow for a partial
waiver in the first case. In his dissent, Judge Kavanaugh, who
presided over the case, found that "EPA ran roughshod over the
relative statutory limits" and is "flatly contrary to the plain
text of the statute." NMMA is confident that were the Court to rule
on the merits of the case that it would find that EPA has
overstepped its authority for a partial waiver of E15. As a result,
NMMA is cur-rently evaluating further litigation options.
Late in 2011, the EPA approved the use of E15 for a subset of
on-highway motor vehicles ( model years 2001-2006). Earlier that
same year, the EPA approved the use of E15 for model year 2007 and
newer vehicles as part of its response to a waiver petition filed
in the spring of 2009 by pro-ethanol-lobby group Growth Energy.
The partial waiver excluded marine engines and other non-road
engines such as snowmobiles, lawn and garden equipment, the NMMA
has been con-cerned that the waiver will lead to widespread
mis-fueling by consumers. Recently, NMMA at its own cost
distributed labels for the marine industry to warn against fueling
marine engines with E15. EPA also refused to mandate that if a
facility sells E15 it would also offer E10 or EOfuel for the
nation's estimated 13 million registered power boat owners or the
hundreds of millions of owners of gasoline powered equipment.
"NMMA will continue to evaluate and address
NMMA Disappointed in U.S. Court of Appeals Decision to Dismiss
Boating Industry Concerns about E15
(cont. on page 16)
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California Yacht Brokers Association • May-July 2012 PAGE 15
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CalendarAug 30 San Diego Brokers/Sales Forum – 11:30 am Pier 32
Marina – National City, CA
Sept 05 CYBA Board Meeting – 9:00 am Web-Cam Broadcast – Check
CYBA.info Sept 12-16 Seattle Boat Boats Afloat Lake Union –
Seattle, WA
Sept 27-30 Lido Yacht Expo Lido Peninsula – Newport Beach,
CA
Oct 03 CYBA Board Meeting – 9:00 am Web-Cam Broadcast – Check
CYBA.info
Monthly Quote“A goal is an enemy to be conquered with a battle
strategy and the commitment of a warrior.
There is no success in giving up.” -Tom Garriga
policy to protect boaters from misfueling and prod-uct failures
associated with incompatible fuels and will take the necessary
actions to ensure compatible fuels remain available and
affordable," said NMMA President Thom Dammrich. "EPA has failed in
each regard and approved E15 in violation of its clear statutory
requirements."
Media Contact: Ellen Hopkins at [email protected] or
312.946.6249
About NMMA: National Marine Manufacturers Association (NMMA) is
the leading association rep-
resenting the recreational boating industry in North America.
NMMA member companies produce more than 80 percent of the boats,
engines, trailers, ac-cessories and gear used by boaters and
anglers throughout the U.S. and Canada. The association is
dedicated to industry growth through programs in public policy
advocacy, market statistics and re-search, product quality
assurance and promotion of the boating lifestyle. For more
information visit www.nmma.org. Contact: Ellen Hopkins
312.946.6249
NMMA Disappointed… (cont. from pg. 14)
of tourism services. This is issued by the Secretariat of
Communications and Transportation (SCT) and must be requested in
advance to the corresponding Port Captain's Office. This
requirement is not appli-cable to private vessels that engage in
sport fishing in Mexican waters.
• The Secretariat of the Navy (SEMAR) is empow-ered to carry out
inspections in local and foreign vessels navigating Mexican
territorial waters in order
Oct 25 San Diego Brokers/ Sales Forum – 11:30 am Fiddlers Green
Restaurant – San Diego, CA
Oct 18-21 44th Annual Long Beach Boat Show Rainbow Harbor – Long
Beach, CA
Oct 25-29 Ft. Lauderdale Boat Show Ft Lauderdale, FL
Nov 07 CYBA Board Meeting – 9:00 am Web-Cam Broadcast – Check
CYBA.info
Recreational Sportfishing… (cont. from pg. 8)
to ensure compliance of applicable regulations.The promotion of
tourism to our country is one
of the high priorities of the Mexican government. In-formation
will be provided in a timely manner about new measures to be taken
to facilitate the entrance of foreign tourist to our territory,
including those tourists that wish to do sport fishing in Mexican
ter-ritorial waters.