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| Name: |
Pier Pressure
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| Subject: |
New law, look out everyone.
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Date:
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2/4/2009 2:25:56 PM
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The Commissioner is establishing laws without vote or input from the masses. Who knows what we can expect next?
By authority vested in me as Commissioner of Conservation and Natural Resources of the State of Alabama as provided for by §33-5-62, Code of Alabama 1975, I do hereby establish, proclaim and promulgate the following regulation, which has the force and effect of law:
Section 1. Rule 220¬-6¬-.60, entitled "Speed Restrictions” is hereby adopted, to read as follows:
“220¬-6¬-.60 Speed Restrictions
(a) Except as provided in paragraph (b), no person shall operate any “vessel” (as defined in §33-5-3, Code of Alabama 1975) or tow a person or persons on water skis, an aquaplane, a surfboard, or any similar device on the “waters of this state” (as defined in §33-5-3, Code of Alabama 1975) at a speed greater than 60 miles per hour during daylight hours or 40 miles per hour at night or during inclement weather, or greater than idle speed within 50 feet of any vessel which is moored, anchored, or adrift, or greater than idle speed within 75 feet of any wharf, dock, pier, piling, person in the water, or shoreline adjacent to a full-time or part-time residence, public park, public beach, public swimming area, marina, restaurant, or other public use area.
(b) In the “waters of this state” where the distance from shoreline to shoreline or bank to bank is less than or equal to 200 feet, no person shall operate any “vessel” at a speed greater than 40 miles per hour.
( c) This regulation shall not be interpreted to prohibit any person from initiating or terminating water skiing from any wharf, dock, or pier nor shall it be interpreted to prohibit the immediate return of a tow vessel to a downed water skier. The above restrictions shall not apply to ocean-going ships or to tugboats or other powered vessels which are assisting ocean-going ships during transit or during docking or undocking maneuvers, or to the operation of vessels on the Intracoastal Waterway.
(d) Nothing in this regulation shall be construed to exempt any person from compliance with all other safety laws and regulations or other requirements of law for the operation of vessels.
(e) Any person violating any of the provisions of this regulation shall be punished as provided by §33-5-62, Code of Alabama 1975.”
Section 2. This regulation shall become effective on the 36th day after adoption and filing with the Legislative Reference Service.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of my office to be affixed in the City of Montgomery on this the ________ day of _______________________, 2008. _________________________________________ M. Barnett Lawley, Commissioner Department of Conservation and Natural Resources
HERE ARE THE MEMBERS TO CONTACT AND VOICE YOUR DISPLEASURE!
Members
Contact Address
Term Expires
Dan L. Moultrie, Chairman
PO Box 188
Verbena, AL 36091
March 28, 2009
Louis W. Coles
6207 County Rd 625
Enterprise, AL 36330
March 28, 2009
George Harbin
1177 Elliott Rd
Gadsden, AL 35904-6910
May 20, 2011
Bill Hatley
639 Estate Dr
Gulf Shores, AL 36542
May 20, 2011
Johnny M. Johnson
1018 54th Street East
Tuscaloosa, AL 35405
March 28, 2009
W. Grant Lynch
PO Box 777
Talladega, AL 35161
May 9, 2013
Dr. A. Wayne May
188 County Rd 203
Eutaw, AL 35462
March 28, 2009
Raymond Jones, Jr.
401 Franklin St
Huntsville, AL 35801
May 9, 2013
Ross M. Self
10419 Highway 180 W
Gulf Shores, AL 36542
March 28, 2009
Dr. Warren Strickland
930 Franklin Street
Huntsville, AL 35801
May 20, 2011
Ex-officio Members
Bob Riley, Governor
Gaines Smith, Director, Alabama Cooperative Extension Service Ron Sparks, Commissioner, Department of Agriculture and Industries Ex-officio Secretary of the Board M. Barnett Lawley, Commissioner, Department of Conservation and Natural Resources
********************************************************************************************************************************************************
Send individual cc copies of the letter to the Advisory Board to the following selected contacts at DCNR:
Mr. M. Barnett Lawley
Commissioner of Conservation
Mr. M. N. Pugh
Director, Wildlife and Freshwater Fisheries Division
John T. Jenkins
Chief, Enforcement Division
Capt. Bob Huffaker
Chief of Operations
Marine Police Division
Alabama Department of Conservation and Natural Resources
64 North Union Street
Montgomery, Alabama 36130
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| Name: |
Pier Pressure
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| Subject: |
New law, look out everyone.
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Date:
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2/4/2009 2:29:09 PM
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By authority vested in me as Commissioner of Conservation and Natural Resources of the State of Alabama as provided for by §33-5-62, Code of Alabama 1975, I do hereby establish, proclaim and promulgate the following regulation, which has the force and effect of law:
Section 1. Rule 220¬-6¬-.60, entitled "Speed Restrictions” is hereby adopted, to read as follows:
“220¬-6¬-.60 Speed Restrictions
(a) Except as provided in paragraph (b), no person shall operate any “vessel” (as defined in §33-5-3, Code of Alabama 1975) or tow a person or persons on water skis, an aquaplane, a surfboard, or any similar device on the “waters of this state” (as defined in §33-5-3, Code of Alabama 1975) at a speed greater than 60 miles per hour during daylight hours or 40 miles per hour at night or during inclement weather, or greater than idle speed within 50 feet of any vessel which is moored, anchored, or adrift, or greater than idle speed within 75 feet of any wharf, dock, pier, piling, person in the water, or shoreline adjacent to a full-time or part-time residence, public park, public beach, public swimming area, marina, restaurant, or other public use area.
(b) In the “waters of this state” where the distance from shoreline to shoreline or bank to bank is less than or equal to 200 feet, no person shall operate any “vessel” at a speed greater than 40 miles per hour.
( c) This regulation shall not be interpreted to prohibit any person from initiating or terminating water skiing from any wharf, dock, or pier nor shall it be interpreted to prohibit the immediate return of a tow vessel to a downed water skier. The above restrictions shall not apply to ocean-going ships or to tugboats or other powered vessels which are assisting ocean-going ships during transit or during docking or undocking maneuvers, or to the operation of vessels on the Intracoastal Waterway.
(d) Nothing in this regulation shall be construed to exempt any person from compliance with all other safety laws and regulations or other requirements of law for the operation of vessels.
(e) Any person violating any of the provisions of this regulation shall be punished as provided by §33-5-62, Code of Alabama 1975.”
Section 2. This regulation shall become effective on the 36th day after adoption and filing with the Legislative Reference Service.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of my office to be affixed in the City of Montgomery on this the ________ day of _______________________, 2008. _________________________________________ M. Barnett Lawley, Commissioner Department of Conservation and Natural Resources
HERE ARE THE MEMBERS TO CONTACT AND VOICE YOUR DISPLEASURE!
Members
Contact Address
Term Expires
Dan L. Moultrie, Chairman
PO Box 188
Verbena, AL 36091
March 28, 2009
Louis W. Coles
6207 County Rd 625
Enterprise, AL 36330
March 28, 2009
George Harbin
1177 Elliott Rd
Gadsden, AL 35904-6910
May 20, 2011
Bill Hatley
639 Estate Dr
Gulf Shores, AL 36542
May 20, 2011
Johnny M. Johnson
1018 54th Street East
Tuscaloosa, AL 35405
March 28, 2009
W. Grant Lynch
PO Box 777
Talladega, AL 35161
May 9, 2013
Dr. A. Wayne May
188 County Rd 203
Eutaw, AL 35462
March 28, 2009
Raymond Jones, Jr.
401 Franklin St
Huntsville, AL 35801
May 9, 2013
Ross M. Self
10419 Highway 180 W
Gulf Shores, AL 36542
March 28, 2009
Dr. Warren Strickland
930 Franklin Street
Huntsville, AL 35801
May 20, 2011
Ex-officio Members
Bob Riley, Governor
Gaines Smith, Director, Alabama Cooperative Extension Service Ron Sparks, Commissioner, Department of Agriculture and Industries Ex-officio Secretary of the Board M. Barnett Lawley, Commissioner, Department of Conservation and Natural Resources
********************************************************************************************************************************************************
Send individual cc copies of the letter to the Advisory Board to the following selected contacts at DCNR:
Mr. M. Barnett Lawley
Commissioner of Conservation
Mr. M. N. Pugh
Director, Wildlife and Freshwater Fisheries Division
John T. Jenkins
Chief, Enforcement Division
Capt. Bob Huffaker
Chief of Operations
Marine Police Division
Alabama Department of Conservation and Natural Resources
64 North Union Street
Montgomery, Alabama 36130
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| Name: |
jalcz
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| Subject: |
About time!!!
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Date:
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2/4/2009 2:37:24 PM
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And thanks for the contact info; I will get started right now, only I will be thanking them for looking out for the rest of us, and telling them what a great law I think this is.
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| Name: |
wix
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| Subject: |
New law.
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Date:
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2/4/2009 2:48:43 PM
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YEA!! Now we've got 'em by the short hairs.
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| Name: |
Pier Pressure
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| Subject: |
New law.
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Date:
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2/4/2009 2:55:11 PM
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I can't wait to see the enforcement... Bass boats, PWC, etc. Now NO boats go over 60. Better brief that at the tournaments...
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| Name: |
mckaygmc
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| Subject: |
New law.
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Date:
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2/4/2009 4:12:19 PM
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Why didn't they do this INSTEAD of the "big Boat Ban"?
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| Name: |
Samdog
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| Subject: |
New law, look out everyone.
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Date:
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2/4/2009 4:13:19 PM
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This part seems too restrictive for Lake Martin.
"or greater than idle speed within 75 feet of any wharf, dock, pier, piling, "
Besides, this is another Ala law that is unenforceable.
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| Name: |
Pier Pressure
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| Subject: |
New law, look out everyone.
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Date:
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2/4/2009 4:17:11 PM
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Nope, it is enforceable. Most Marine Police have hand held radars now... It's my understanding that they were "donated" to the department.
I don't have a problem with speed limit based on location. But to put a limit on the entire state? How many miles and miles of Alabama river does this cover where there are no houses, no other boats, and view for miles ahead? Just doesn't make sense to me.
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| Name: |
Pier Pressure
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| Subject: |
New law.
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Date:
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2/4/2009 4:56:09 PM
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My guess is that this law is the result of the recent deaths that have occurred. Makes sense, but to believe that someone driving less than 40mph at night, while intoxicated will be less likely to kill someone is crazy.
Driving too fast for the environment was a direct contributing factor for the Lady who hit the pier on a PWC.
The "Big Boat Ban" however had zero statistical or scientific facts associated with it. It was pure legislation by interest groups (developers). Wonder how well that multi-billion dollar investment rates today? Senator Dial was not re-elected, and I guarentee that multi-billion investor has backed out. So we are left with what remains. Rediculous legislation which will be imposed forever, and a developer who most likely has dried up and gone away.
Once again, localized speed limits (even associated with entire bodies of water) make more sense than a blanket statement state-wide.
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| Name: |
Samdog
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| Subject: |
New law, look out everyone.
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Date:
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2/4/2009 5:14:26 PM
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My neighbor leaves his dock and goes past mine at above idle speed on his Waverunner. It will happen everyday 100s of times all over the lake. Many areas of the lake are not wide enough to stay 75' away. UNENFORCEABLE
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| Name: |
Maverick
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| Subject: |
New law, look out everyone.
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Date:
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2/4/2009 5:22:49 PM
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Hummmm -- Who suggested such about 3 years ago (speed limit on the lake) and how many folks said such could not be done or would never happen!!!
Would all you ney sayers now like to retract your comments that a speed limit on the lake would never happen.
Below is a link to a post I made back on 4-14-2006 if anyone would like to now eat CROW !!!
LOL.
URL: Boat Ban Editorial Dated 4-14-2006
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| Name: |
Swimmer27
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| Subject: |
New law, look out everyone.
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Date:
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2/4/2009 5:54:55 PM
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That whole thread was a good read Mav. Feeling a little psychic that day were ya?
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| Name: |
CAT BOAT
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| Subject: |
Somebody else has gotta......
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Date:
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2/4/2009 6:08:27 PM
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Someone else has to fight this one. The last one gave me Heart surgery.
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| Name: |
Swimmer27
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| Subject: |
Somebody else has gotta......
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Date:
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2/4/2009 6:26:18 PM
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If you win your appeal then the same law can be applied to this one to have it struck down also I would hope.
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| Name: |
Pier Pressure
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| Subject: |
New law, look out everyone.
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Date:
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2/4/2009 6:37:33 PM
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May just be a new way to drum up revenue. I am sure that Marine Police are mostly a "burden" on their budget, versus the Highway Patrol or other agencies whose budgets are suplimented with fines...?
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| Name: |
mckaygmc
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| Subject: |
Somebody else has gotta......
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Date:
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2/4/2009 7:29:56 PM
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I also asked why not a speed limit instead of a ban. At that time i was living in Georgia and I stated that is how they control things there. I was told there aren't enough police to enforce it.
The thing is, I see ALOT more enforcment here than I did there {Georgia}. I don't know what the fine is. But, apearently it is substantial enough that very few people break it.
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| Name: |
Webmaster
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| Subject: |
New law, look out everyone.
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Date:
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2/5/2009 10:40:59 AM
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Pier Pressure,
This is actually really good information and needs to go on the news section of all Alabama lakes.
1) How well known is this?
2) When did this first appear?
3) What is the status (has it gone under a vote yet)?
This would be of particular interest to the people on the Tennessee River because there is so much open water there and there is more interstate transient activity. Not to mention more go-fast boats than any other waterway except the coast.
Many people don't know that Lake Guntersville has a history of holding the world's water speed record of 285.213 MPH (Jet turbine of course).
Bruce
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| Name: |
solvacc
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| Subject: |
About time!!! +1
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Date:
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2/5/2009 12:41:21 PM
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This is what the big boat ban should've started with. Its about time someone recognized how dangerous it can be on the lake. These are common sense laws...and I would go even further by restricting night time speed to 25mph or less. You should never be traveling so fast that you can not stop your boat within your range of visibility IMHO.
Good on them...if its true.
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| Name: |
Pier Pressure
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| Subject: |
Hoax? Not exactly!
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Date:
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2/5/2009 4:37:28 PM
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Ok, I posted something that was in "Draft" format. This does not make it a hoax, nor should it be dismissed.
If the public isn't aware of what goes on behind these closed doors then we cannot make our voices heard. Aparently this stirred up enough attention to let it die for now.
I am not against common sense, enforceable laws. Blanketing the entire state with one speed limits is like setting speed limit of 35mph on all roads. Makes perfect sense in certain situations, makes no sense in others.
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