CYBA THE NEWS. California s Most Exciting Boat Show Nears San Diego International Boat Show (SDIBS) June 19-22, Inside This Issue:

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1 THE CYBA Inside This Issue: NEWS March-May 2013 The California Yacht Brokers Association Newsletter California s Most Exciting Boat Show Nears San Diego International Boat Show (SDIBS) June 19-22, 2014 Dean West Once again, San Diego prepares to host their much-anticipated annual boat show. Set to meet the travel, leisure, boating and fishing seasons head-on, the mid-june date assures that families and travelers will be able to attend. Since acquired by the National Marine Manufacturers Assoc. (NMMA), the show has grown in size and significance, quickly becoming one of the most anticipated waterfront events of the year by show attendees and San Diego International Boat Show...Pg 1 Anthony Jackson To Retire...Pg 1 From The President...Pg 2 Editor s Notes...Pg 8 New Membership...Pg 8 Bob Leslie - In Memoriam...Pg 9 Membership Surge...Pg 9 NOAA Whale Advisory...Pg 10 Suzi Green - In Memoriam...Pg 11 San Diego Port Tenants Celebrate 25 Years...Pg 11 The Time Has Finally Come I Think?...Pg 12 Welcome Aboard...Pg 13 Virtual Aids To Navigation For Real Boats?...Pg 14 Invitation To Joint Public Listening Sessions...Pg 15 Board Of Directors Meetings...Pg 16 Monthly Quote...Pg 18 Calendar Of Events...Pg 18 participants alike. To attract a broad spectrum of visitors, and to offer something for each and every attendee, SDIBS will again offer a line-up ranging Just 18 months after pledging to reform a troubled agency, retired U.S. Marine Corps Maj. Gen. Anthony Jackson, 64, announced plans to step down as head of the California Department of Parks and Recreation. Jackson s retirement, effective June 30, caps 40 years of public service, all but four of which he served in the Marines, officials said in a prepared statement Wednesday. I sincerely appreciate General from paddleboards to megayachts. There will be opportunities to try out kayaks and paddleboards, experience a sailing simulator, scuba (cont. on page 4) Anthony Jackson To Retire As California Parks Chief Jackson s service to California and the Department of Parks and Recreation, Natural Resources Secretary John Laird said. He came to the department during its darkest (cont. on page 3)

2 2014 BOARD of DIRECTORS President Dennis Moran O: (949) E: F: (949) C: (714) st Vice President J. R. Means O: (949) E: F: (949) C: (949) nd Vice President Jeff Merrill, CPYB O: (866) E: F: (562) C: (949) Past President Tom Trainor O: (916) E: F: (916) C: (916) Secretary Michael Mik Maquire O: C: F: Treasurer James H. Johnson O: (619) E: F: (619) C: (619) Director Nick Friedman, CPYB O: (310) E: F: (310) C: (310) Director Bob Merritt O: (805) E: F: (805) C: (805) Director Dean A. West O: (619) E: F: (619) C: (619) Executive Director Don Abbott O: (800) E: F: (775) C: (775) Senior Advisor Tom Russell O: E: F: (949) C: (949) PAGE 2 California Yacht Brokers Association March - May 2014 Dennis Moran Summer is here; tax time is over, the days are longer, extending our precious time to spend aboard and thoughts turn to getting out on the water with family and friends. We are the people who make dreams a reality for those who want to experience the pleasures of boating and the market always seems to turn a corner around this time of year. The 17th annual CYBA Yacht Sales & the Law seminar was held on June 11 in Newport Beach at Bahia Corinthian Yacht Club and, by all accounts, was a great program with record attendance of over 80 marine industry professionals. Our returning group of maritime attorneys, Cris Wenthur, Phil Weiss, Ernest Pierucci and David Weill covered topics ranging from LLC vessel transactions to vessel liens to broker disclosure issues. For the first time this year, the attorney panel took questions from the audience which generated significant audience participation. Our sincere thanks to our Presenting Sponsors Oversea Insurance, Trident Funding and The Law Offices of Paul Trusso; Co-sponsors, California Recreation Co., NMMA and Yatco. On another subject, I am happy to report that our most popular member benefits, the new forms database is up and running after months of working on the transition from dated, unstable programming to a state-of-the-art reliable platform offering more user options. We hope to be adding additional functions to the forms package in the near future. Thanks to our friends at Yatco for assisting us in this project. One of the big challenges in our industry is the perception that the cost of boats and boating is increasing and this is really evident when you see some of the MSRP prices on new boats. Recent surveys show that over 80% of boats sold domestically are pre-owned boats. We need to get the message out that our buyers can get real value in a low hour brokerage boat less than 10 years old where they couldn t afford a similar new one. For the first time since the Great Recession, we are finally seeing good high-quality inventory become somewhat scarce. Now is the time to get your reluctant owners to sign that listing. The challenge is getting the seller to listen to your advice about pricing rather than having the boat sit on the market way too long. In closing, I appreciate your continuing support of CYBA through your membership. We are constantly looking at new ways of creating more member benefits for you. In return, I ask all members to reach out to industry colleagues who may not be CYBA members and encourage them to join our association. The more members we have, the more influence we leverage when we are fighting bills introduced in Sacramento or Washington DC that attempt to unreasonably regulate our industry. Here s to a great California summer boating season. Please send any correspondence to: CYBA 4090 S. McCarran Blvd., Suite E Reno, NV 89502

3 Anthony Jackson (cont. from pg. 1) hour, bringing stability and consistency. After almost 40 years of public service, he has more than earned the right to retire to private life. Jackson s position came vacant after Ruth Coleman resigned amid revelations that her department stashed away $54 million in two special funds, even as it was planning to close 70 state parks to meet state budget cuts. Several other staffers at parks headquarters were fired or reassigned following the discovery. After being appointed to the post by Gov. Jerry Brown in November 2012, Jackson said he planned to become a student of the organization putting my own nose to the grindstone, he told a reporter. He gave no indication at the time that his tenure would end so soon. I want to thank Gov. Brown and the dedicated group of professionals at State Parks for the opportunity to return to public service and help earn back the public s trust in one of California s most valuable assets, Jackson said in the statement Wednesday. It has been a challenging, but ultimately fulfilling tenure at California State Parks. Read more here: The CYBA Would Like To Thank Our Law Seminar Sponsors Attention all interested Yacht Brokers and Salespersons: CERTIFIED PROFESSIONAL YACHT BROKER (CPYB) ~ STUDY SESSION AND TESTING ~ Contact Lon Bubeck, Nick Friedman or Dick Angel for next study 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 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, CPYB Flying Cloud Yachts, Long Beach Presenting Sponsors Insurance Agency Co-Sponsors T THE LAW OFFICES OF PAUL S. TRUSSO Nick Friedman San Pedro Yacht Sales You may also respond to 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 California Yacht Brokers Association March - May 2014 PAGE 3

4 California s Most Exciting Boat Show (cont. from pg. 1) dive in the on-site diving pool, and hone operational skills on power and sailboats under the guidance of licensed skippers. There will be professional DIY instruction, as well as an extensive seminar program this year featuring experts expounding on Cruising to Mexico and local sportfishing topics. In addition, top notch food and beverages will be readily available, on the dock and on land. Fiddler s Green s Tiki bar will be afloat, and shoreside there will be food trucks, BBQ and new this year, craft beer at the Anchors & Ales Beer Garden. As appealing as the fun and festivities are, the most important aspect of the show is the opportunity for brokers and dealers to tap in to the NMMA s incredible marketing and show production efforts, and to capitalize on the sales possibilities at this well located, produced and vibrant show, scheduled at the best possible time of the year! It is for this reason that your CYBA has partnered with NMMA in promoting and supporting SDIBS. Your CYBA membership offers you reduced display costs. If you are not able to exhibit, you are encouraged to come down and visit the show, conveniently located across the street from the San Diego Airport. There is plenty of parking, and near-by restaurants, bars, and hotels. Call ahead to the CYBA office to arrange for a free pass. We hope to see you there! PAGE 4 California Yacht Brokers Association March - May 2014

5 JUNE SHERATON HARBOR ISLAND 4 DAYS OF FUN! WELCOME TO THE WATER! See, board and learn. Show features include: On-the-water boat handling clinics, SCUBA pool, paddlesport demos, Sailing Simulator and more. PLUS Fiddler s Green Tiki Bar and Anchors & Ales beer garden. SPECIAL OFFER! $ 5 5 AFTER THURSDAY & FRIDAY ONLY ADMISSION PM Pre-shop, tickets and details at #SDBoatShow California Yacht Brokers Association March - May 2014 PAGE 5

6 So, what s new with YATCO? Well, to be honest EVERYTHING! From our consumer friendly rebranding, to our state of the art hardware, software and internet platforms, YATCO has been developed to lead the yachting industry into the decade ahead! What remains consistent however, is our friendly, caring, and responsive support team that is ALWAYS here to serve your company s best interests! Marketing tools that are second to none. Boat show sales & marketing tools Automated and company branded industry. Life made easy, simply set up your preferences in a couple of clicks Complimentary sub sites and search optimization for your central listings Rich media to include full screen photos, videos, virtual tours and audio Fully customizable PDFs and brochures, branded and non-branded completely up to your liking. Of course everything can be ed right from the system United States Coast Guard vessel & owner searchable database My Marina : Online vessel storage and data tracking to make customer Free and customizable website for your company with Automated high quality customized brochures Over 650,000 registered consumers Worldwide lead generation for your central listings Access to the industry s best yacht and lifestyle photographers, as well as trade and event show companies The most advanced platforms available. Powerful data feed APIs and website plugins One click data feeds to hundreds of sites Lightning fast speeds: State-of-the-art cloud based secure technology with virtual global servers and localized cached memory of photos and media PAGE 6 California Yacht Brokers Association March - May 2014

7 Detailed market intelligence Robust market intelligence: YATCO is the industry s most powerful and accurate database - 100% pure data with zero duplicate and/or bogus listings Ten years of historic listing details, unrivaled in the industry, with $3 Billion average annual yacht sales Sold boats database containing over US$20 Billion in vessel data Activity monitoring and reporting system the ultimate client intelligence tool Boat show vessel location and reporting system has never been easier. Generate contracts & forms directly from the system Data exporting to advertising systems of choice Automated online billing Add/delete users with a few clicks: Multi-level administration and user management. Simple customization! Global setting functionality & privacy controls 24/7 help desk, training & support Dear CYBA Member: We are proud to announce our partnership with the California Yacht Brokers Association (CYBA), and are excited to introduce the all administrative system. YATCO was Founded in the year 2000 by seven professional yacht broker associations known as the International Yacht Council, and For well over a decade, we have served only the best interests of the professional yacht broker and the worldwide yachting community. Today, we are proud to introduce you to our completely rebuilt from the ground up state-of-the-art system, refreshed brand, and our all new advanced tools and technologies that will enable you to stand out as a professional, and market your company with pride, integrity and speed! YATCO is 100% devoted to serving the best interests of our members and the industry at large as we welcome to our community all true professionals who are committed to honesty, integrity, and professionalism. Steven Myers President/CEO California Yacht Brokers Association March - May 2014 PAGE 7

8 Editor s Notes I hope this finds all of you in the yacht selling business a-buzz with activity, and positioned for selling success, as we enter into the summer season. Always know the CYBA is here to assist you in any way we can. The month of June is a very busy starting off with the June 11 Yacht Sales and the Law Seminar that was just hosted in Newport Beach at Bahia Corinthian Yacht Club. This even is one of the CYBA s most important undertakings, and was very well attended by individuals who recognize the importance, significance and value that this gathering offers. I certainly hope that you where one of them. It always bears repeating, that this is without a doubt the best opportunity you have, as a California yacht sales professional, to attend a seminar presented by some of the top maritime attorneys, speaking on real-world legal scenarios affecting our industry. Tom Russell, our Senior Advisor, and Wayne Rodgers, Chair of the Legal Seminar put together a full day of interesting topics and speakers to better prepare and assist you in providing the best possible representation for your clients. It should be further noted, that this seminar, and all others proceeding it, have existed solely for the purpose of keeping you, your firm, and your clients out of trouble! There is absolutely no better way for you to spend a work day, short of closing a deal! The following week, June 19-22, is the NMMA San Diego International Boat Show (SDIBS) across from the airport at Spanish Landing Park. Once again the NMMA and their professional staff have really put together a spectacular show. This organization, for those of you that are not aware, puts on some of the largest shows in the US, such as the Miami International Boat Show, Chicago In-Water Boat Show and New York Boat Show. Boat shows in general, are the best way you have of getting in front of serious, PAGE 8 California Yacht Brokers Association March - May 2014 prospective boat buyers interested in the boating life-style. Remember, you are not selling boats you are selling A Life Style - one that has the ability to create some of the fondest memories a family can ever have. We encourage CYBA participation in this show, and at very least, suggest that you make the effort to check out what is rapidly becoming the best boat show in California. I m still looking for articles of interest for each quarterly issue so please take some time and let me know what might be of interest to you as a reader, or even better, what you might be willing to contribute. Many thanks to those who have contributed in the past, and we look forward to your continued support. I would like to personally extend an open invitation to our readers to attend one of our very successful San Diego Broker Forums, typically held the last Thursday of each month, here in San Diego. If you would like to be placed on the notification list about location and times of the forums please feel free to drop me an . Lastly, keep in mind that ALONG THE WATERFRONT, is a great way for your company to get the word out on changes at your office, whether it be 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 at I ask that you try and keep the article to a couple paragraphs if at all possible. Thank you. Respectfully, James H. Johnson, Editor New CYBA Membership - Second Quarter The CYBA Board would like to welcome aboard the following new members, we look forward to your involvement with your Association. Please feel free to call on any of us in the future should our assistance be needed. Ed Gillespie Denison Yacht Sales, Marina Del Rey, CA Associate Broker (working for a Master Member) Sponsored by: Bob Leslie & Gordon Passey Harvey Ruck Goldreyer The Yacht Exchange, Inc., Marina Del Rey, CA Master Member Sponsored by: Gordon Passey & Charles Etienne Devanneaux Howard Schiebler Protector USA, Inc. Oakland, CA Master Member Sponsored by: John C Beery, Jr. & Norman Davant Douglas Wilsey Tahoe Vista Sports, Inc. Tahoe Vista, CA Master Member Sponsored by: J.R. Means & Jeff Merrill Robert E. Pettingill Pettingill Yachts, Newport Beach, CA Master Member Sponsored by: Dennis Moran & Brian Hovey Mark Washburn Mariner s Yacht and Ship Brokerage Dana Point, CA Associate Salesperson Sponsored by: Michael O Connor & Dick Simon Fredric A. Brown A Team Yacht and Ship, Huntington Beach, CA Master Member Renewal Mark W. Mowery Allied Yacht and Ship, Newport Beach, CA Master Member Sponsored by: Garrett Martin & Brian Hovey Roger O Malley Dominion Marine Yachtworld, Seattle, WA Affiliate Member Sponsored by: J. R. Means & Jeff Merrill Rick Peterson Oceanic Yacht, Sausalito, CA Senior Broker Renewal Jonathan Buckard Allied Marine, Inc., Newport Beach, CA Master Member Sponsored by: Dean A. West & Bob Zarchen

9 Bob Leslie - In Memoriam Bob Leslie was an active boater in Southern California most of his life. He raced Snowbirds, National One Designs and Ocean Racing Boats including his Cal 40 through He also crewed aboard many sailboats in Southern California, Mexican and Honolulu Races and was Chairman (2 years) of the Transpac Race to Honolulu and Tahiti. Bob then switched to powerboats and participated in Offshore Powerboat Racing and Predicted Log Racing. When not racing, Bob served recreational boating in many capacities: Boating Liaison to the Coast Guard, 11th District; was in charge of Rescue and Patrol for Alpha Circle in the 1984 Olympics, and, as Rescue, Medic and Patrol for the America s Cup Challenge Committee in Bob became a Yacht Broker in 1978 and in addition to his Brokerage business, he remained active with Recreational Boating organizations and served as: State President of the California Marine Parks and Harbors Association Chairman of the Southern California Boating Safety Advisory Group President of the National Boating Federation Commodore of SCYA (1972) Commodore of PCYA (1975) Vice President of the Pacific Offshore Powerboat Racing and Marathon Boat Racing Associations Chairman of Long Beach Yacht Club s Congressional Cup President of the California Yacht Brokers Association (CYBA) American Boating Magazine named Bob one of California s Leading Yachtsmen. He was awarded Yachtsman of the Year by PCYA. Bob was also awarded Yachtsman of the Year by the Association of Santa Monica Bay Yacht Clubs (ASMBYC) and, was awarded the Merle B. Parke Annual Merit Award by the California Yacht Brokers Association (CYBA). Bob was a long time member of the California Yacht Club (CYC). Bob s other Public Service included: Chairman of the LAX Airport Area Advisory Committee Member of the Los Angeles County District Attorney s Advisory Committee Grand Trustee, Native Sons of the Golden West Chair of the Charitable Foundation Board Southern California, Native Sons of the Golden West Bob was very active in the Marina del Rey community for many years. For 25 years he was the Executive Vice President of the Marina del Rey Lessees Association establishing their office in He organized and administered their total operations, and maintained close liaison with various federal, state and local agencies as a registered employee lobbyist. A Celebration of Life for Bob Leslie is scheduled for June 25, 2014 at Cal Yacht Club, 4460 Admiralty Way, Marina del Rey, CA at 2:00 p.m. Donations to honor Bob s memory may be sent to the Cleft Palate Fund at Saint John s Health Center Foundation, 2121 Santa Monica Blvd., Santa Monica, CA Many thanks, Uta. CYBA Second Quarter Membership Surge By Jeff Merrill, CPYB We have had a tremendous response to the membership drive promotion welcoming ten (10) new yacht brokers/sales persons and one new affiliate in the last 90 days. CYBA president, Dennis Moran recently sent out an invitation letter to all DBW licensed California Yacht Brokers encouraging them to join our association. In addition to the new member names mentioned in this edition of our membership are available on our newsletter we are currently processing additional applications. downloadable as writeable PDF s. website, and easily A special Thank You to those The new application is easier to fill CYBA broker sponsors and the out and submit and payment is not industry references who have due until applicants are approved. helped to build our ranks. Remember, your CYBA Board The CYBA Board would like of Directors has waived the initiation fee for all of 2014 so it s truly to ask your continued support on this membership drive. If you a great time to join. know someone in our industry Soon another letter will be whom you think should be a CYBA mailed out to all of the DBW member, please ask them to apply licensed sales people soliciting and sign on as their sponsor. If them to join. If you are a broker, your membership has lapsed, you please make sure your sales staff can renew if it has been less than is aware of the advantages of two years since you last paid dues. CYBA membership and encourage Our new applications for (cont. on page 14) California Yacht Brokers Association March - May 2014 PAGE 9

10 Subject: maritime -- Southern California-NOAA Whale Advisory The purpose of this list serve notice is to help the National Oceanic and Atmospheric Administration (NOAA) broadcast advisory concerning populations of endangered whales off the coast of Southern California. NOAA has requested and the California Air Resources Board has agreed to provide outreach through the Maritime List Serve to help broadcast the NOAA advisory to mariners. SOUTHERN CALIFORNIA - WHALES- POINT ARGUELLO TO DANA POINT Endangered blue, humpback, and fin whales can be found in their greatest numbers this time of year between Point Arguello and Dana Point. The following message was recently posted in the Coast Guard s District 11 Local Notice to Mariners to caution vessel traffic and encourage reduced speeds: Vessels transiting the area between Point Arguello and Dana Point, including the Traffic Separation Schemes in the Santa Barbara Channel and San Pedro Channel, from June through November, should exercise caution and reduce speed. These areas contain populations of endangered blue, humpback and fin whales which are federally protected under the Endangered Species Act (16 U.S.C et seq.), the Marine Mammal Protection Act (16 U.S.C et seq.), and the National Marine Sanctuaries Act (16 U.S.C et seq.). Additional information can be found at: Please report any collisions with whales or any observed injured or dead Whales to NOAA at 877-SOS-WHALe ( ) or to the U.S. Coast Guard on VHF Channel 16. NOAA is asking for the public s help in tracking whales. If you see whales, please record the date and location, the number of whales, the species (if known) and a description of the animals. Please to PAGE 10 California Yacht Brokers Association March - May 2014

11 Suzi Green - In Memoriam From Ian Bossenger, current owner of California Yacht Sales: (619) ; For boaters in the San Diego area and the Southern CA marine industry who knew her, our friend and colleague, Suzi Green, former owner of California Yacht Sales will truly be missed. Suzi passed away on April 18, 2014, after a long bout with cancer. Suzi Green led a wonderful life. In an industry run by the old boys club, Suzi Green was not satisfied with an invitation to the party but demanded a seat at the head of the table and everyone s rapt attention. She led her career and her life in the only manner which she could her own. Born in Philadelphia in 1944, Suzi Green was an adventurous young woman who taught physical education just out of school. She succumbed to wanderlust and cruised 20,000 miles through the South Pacific. Her love of adventure and of the sea brought her to San Diego where she was one of the first females to secure a position as a yacht broker. A brilliant and straight-forward business person, it was not long before she opened her own successful yacht brokerage which brought her into contact with friends who will forever treasure her memory and inevitable mark upon their lives. Additionally, running her own business allowed her to pursue other passions, particularly, deep sea fishing. Suzi loved fishing and led friends on Margarita-fueled adventures they will forever cherish. Her first large Marlin hangs on the wall of California Yacht Sales. From her vessel, The Huntress, she caught and released at least twenty others. Suzi met her husband, Barry Vine, a set designer at the Fox Studio, almost ten years ago. The two instantly recognized a shared lust for life and were immediately inseparable. Three years ago Suzi was given six months to live. In December 2013 she crossed the border to attend a yacht broker s Christmas party in San Diego. Suzi held court with each attendant waiting in line to thank her, not one among them untouched. She sat at the head of the table and had everyone s rapt attention. She will not be forgotten. Memorial Services are schedule on May 17th in Rosarito, 2pm. Contact Barry Vine for details. San Diego Port Tenants Celebrate 25 Years CYBA Represented April 24th, the San Diego Port Tenants Association (SDPTA) gathered at the Marriott Marquis downtown San Diego to celebrate a quarter of a century of cooperation among leaseholders and subtenants of the San Diego Unified Port District (SDUPD). Encompassing five waterfront cities, the SDUPD was created by the state Legislature to manage San Diego Bay and surrounding waterfront land on December 18, The Port of San Diego is the fourth largest of the eleven ports in California, and the SDUPD oversees two maritime cargo terminals, two cruise ship terminals, 20 public parks, the Harbor Police Department and the leases of hundreds of tenant and sub (cont. on page 13) From left to right: Brad Engel (Flagship Cruises VP), John Pasha (Pasha Automotive Services Senior VP), Bill Hall (Port Commissioner Emeritus and Port Tenants Chairman), Wayne Darbeau (Port President and CEO), George Palermo (Flagship Cruises President), Jake Engel (Flagship Cruises). California Yacht Brokers Association March - May 2014 PAGE 11

12 The Time Has Finally Come I Think? By: Bill Krauss Mandatory Boater Education Over the last several years, there have been various attempts to pass a mandatory boater education bill in Sacramento. The primary challenge has been that there are people on all sides of this issue. Some think a strict licensing regime is required, while others do not want any form of mandatory licensing or education. This disagreement among the stakeholders has slowed the progress of any bill. This year, there is another attempt to get such a bill passed. SB 941 (Monning) is a balance between these two opposite positions. To strike this balance, the bill requires that boaters must pass an exam, but not complete an extensive boating safety course. Likewise, once the test is passed, the certificate is good for life, which is in contrast to a license that can be suspended or revoked. The bill also has a phase-in period over many years to ensure a smooth transition to complete certification. We are still trying to iron out a few details, such has how to treat rental operations. Rental operators are unique in that a significant financial or time burden could cause customers to simply walk away. We are also working on details related to the start-up costs and where to set the fee cap, but I think those issue will get worked out. So far, there has been broad support and I am not seeing any major hurdles to its passage. Although anything can happen in the legislative process, my reading of the tea leaves is that the time has finally come for a mandatory boater education program. Marina Del Rey TMDL The Los Angeles Regional Water Quality Control Board has just adopted a Total Maximum Daily Load (TMDL) for Marina Del Rey. A TMDL is a regulatory rule that allows the regional water quality PAGE 12 California Yacht Brokers Association March - May 2014 control board to take actions to mitigate the impacts of a particular pollutant when it has exceeded the legal limit, such as copper in this case. Because the copper levels at Marina Del Rey are so high, and has been identified as coming primarily from the antifouling hull paint on boats, the focus of the mandated actions are on the boaters. Vessels hull paints will have to be converted to noncopper alternatives and extensive dredging will be required of the harbor. The costs will run into the millions. Clearly, this is of concern to the boaters in Marina Del Rey, but why should boaters statewide care? Marina Del Rey is just the current, pending TMDL for copper. There are many other TMDLs scheduled in various locations over the next ten years. When the rules for each of these locations are finalized, it will very likely result in impacts to boater in one form or another. The problem started in San Diego Bay many years ago in Shelter Island Yacht Basin, which is currently operating under a copper TMDL. The next TMDL will be for Newport Bay, which is already overdue by several years. Our challenge is that copper is the most effective anti-fouling paint and alternative coatings are not fully developed. That reality is in contrast to laws that require reduced levels of copper in the water. Regardless of the need for an effective anti-fouling paint, if we are not able to stop or alter this action, boaters will be forced to use substandard paint that does not last as long, and be burdened with the very high cost to convert to non-copper paints. One ray of hope is a process that is currently under way at the Department of Pesticide Regulation (DPR). DPR must approve all paint formulations and can mandate that manufacturers reformulate to meet a specific goal. They are now working on a plan to require the reformulation of copper anti-fouling paint to reduce the copper content, yet keep it effective. However, that process will take some time and it remains to be seen if reduced copper in the paint will be enough to stop the various water boards from restricting boating and/or the use of copper. Another bright spot is the potential for a new testing method, which is expected to be approved by the USEPA later this year that looks at actual impacts to the environment, rather than the arbitrary copper content level that is currently used. The current rules have a fixed amount of copper in the water that cannot be exceeded that many believe is much lower than the amount required to actually do harm to the environment. If mitigation measures must aim for this arbitrary, lower level the impact to boating will be that much worse. If the USEPA can expedite the approval of this new test method, then many of these impaired water-bodies will not be forced to take such draconian actions in the attempt to reach this lower number, but can then set the rules based on actual environmental impacts, which should be less restrictive. To that end, we are meetings with the State Water Resources Control Board members to express our concern and working to get members of the Legislature engaged on our behalf with the specific goal of delaying the implementation of the Marina Del Rey TMDL so we can get this new test method in place. Once this new test method is available, it will hopefully guide the process for future TMDLs. Visit Our Website

13 SD Port Tenants (cont. from pg. 11) tenant businesses around San Diego Bay. The SDPTA is a coalition of businesses and industries along the bay, dedicated to enhancing trade, commerce, and tourism, while protecting the environment. Members include representatives of manufacturing, ship building and repair, shipping and trade, energy, marinas, commercial and sports fishermen, the cruise ship industry, yacht clubs, brokerages, boat yards, rail industry, the hospitality industry, and strategic partnerships with the US Navy and Coast Guard. The SDPTA while working closely with the SDUPD, most significantly represents the interests of the private sector, and brings a common voice to discussions with regulatory and political entities such as the SDUPD. Board members Jim Johnson and Dean West were present to meet industry leaders, form important contacts and alliances, and to promote our CYBA partnership in the upcoming San Diego International Boat Show. Attendees among the nearly 1000 guests included US & State representatives, mayors, Port Commissioners, our own Tom Russell (Chief Counsel for the SDUPD), and numerous waterfront executives, business owners, and representatives. The mood was festive, as the successful accomplishments of the group and its members were recounted in a short film. Truly a unique and extraordinary harbor, there is really nowhere else on earth that combines all the elements of nature, recreation, commerce, military, and tourism in as hospitable environment as does San Diego s Big Bay. Our CYBA involvement in this, and like events, is critical to forging alliances and relationships to benefit our members, and the recreational boaters of California. Commenting on the event, Dean West said, It is always in our (CYBA) best interest to be looking outward, and to be grasping the significance of concerns and Sharon Cloward, President of the San Diego Port Tenants Association. Jim Unger, VP Hornblower Cruises and Events. entities that work both for and against our interests. It is a challenging environment that we, as California brokers, have chosen to work in. Sharing our concerns, and our support, with like-minded individuals, organizations and associations will always be to our advantage and success. We couldn t agree more. California Yacht Brokers Association March - May 2014 PAGE 13

14 Virtual Aids To Navigation For Real Boats? For six months now I ve been explaining to people that paper charts are still available, but just not coming out of the Federal printing press. See the previous Log article (May 9-22, 2014) for the details. Most all of my customers agree that paper charts are important, and that electronics are not always reliable for navigation. Now I ve learned that there is a plan under consideration to do away with physical Aids to Navigation (AtoNs) and replace them with virtual AtoNs which would be visible only on electronic charts and AIS displays. The primary reason appears to be the apparent cost savings if physical aids no longer need to be maintained. While these electronic displays are common on large yachts and commercial vessels, they are not common on small craft which make up possibly 90 percent of all vessels operating today. There are also some significant problems with the concept. A little searching on the internet produced reports by several groups indicating that there is a significant security risk. One group, TrendMicro, has conducted a series of tests that show that the virtual AtoNs can be readily hacked to corrupt and/or delete critical information. Another resource even appears to define the data strings that are being used to create these virtual aids. With all the current news about Chinese cyber attacks, and the general issue of data security on line, it seems a bit naïve to assume that a system based on a combination of VHF and internet broadcasts is secure. Then there is the issue of the physical vulnerability of electronic devices on boats: salt water and electrical current don t always play well together. When I worked for TowBoat US, a common reason for getting called out of bed at a very dark hour was some sort of electrical system failure on a small boat. While it may be true that the majority of the large vessels afloat have sophisticated electronic charts and AIS systems, most small craft rely on simpler technology which currently is not capable of displaying virtual information. And there have been a number of textbooks written on the subject of bridge resource management, which means basically using every resource available to navigate safely. The case studies include several where the navigator relied primarily on a digital image, and neglected to look out the window. Remember the harbor pilot in San Francisco who guided the ship into the bridge abutment? What really concerns me is the lack of notice from Government agencies about the whole concept and its implementation. While there was apparently some sort of notice some place, I could not find it on any of the logical web sites, and only found out the public hearing schedule by talking to a friend who had heard something about the whole idea while on the East Coast. And for one of the largest ports in the country, there was nothing planned in the original list of meetings. I now know that there will be a hearing in Long Beach on June 17th from 6pm to 8pm at the Hyatt Regency (200 South Pine Avenue). I intend to be there. Capt. Ann Kinner Owner Seabreeze Books and Charts USCG Licensed Master CYBA Membership Surge (cont. from pg. 9) them to become part of our association. The yacht sales business is our chosen profession and it will benefit all of us if we can enlist more of the other DBW licensed brokers and sales people whom you do business with to join CYBA. We are also looking for any appropriate boating service companies like lenders, insurers, surveyors, ship yards, etc., to join as Affiliate members and show their support for CYBA. Please feel free to me directly if you would like more information or have a colleague you would like to propose for membership, thanks! Jeff Merrill CYBA Membership Chair Dona Jenkins Maritime Document Service, Inc. U.S. Coast Guard Documentation CA State Registration Mexican Fishing Licenses Crew Lists 1050 Rosecrans St., Suite 3, San Diego, CA (619) u Fax (619) Active Member PAGE 14 California Yacht Brokers Association March - May 2014

15 Invitation to Joint Public Listening Sessions Future of Navigation Over the past few decades, the rapid development, reliability, and availability of e- Navigation components such as the Global Positioning System (GPS), Electronic Chart Display and Information Systems (ECDIS) has fundamentally changed mariners reliance on traditional navigation services. In addition, the ability to manage data and information provided to the mariner through Automatic Identification System (AIS), cellular, and other means, has enhanced the interconnectivity between shore side information providers and shipboard users. These technological advances and data flows will help the mariner receive data, transmit data, and generally improve bridge resource management, situational awareness and navigational safety. These fundamental changes have presented the federal government, including the U.S. Coast Guard, U.S. Army Corps of Engineers, and National Oceanic and Atmospheric Administration with an opportunity to once again modernize navigation services to the mariner. These advents in technology compel these Federal agencies to optimize the current aids to navigation, other marine information systems, and marine charting. Therefore, with the objective of developing a portfolio, the development of which is to provide coordinated and timely delivery of navigational information and services to promote safety and efficiency on the MTS, the U.S. Coast Guard, National Oceanic and Atmospheric Administration, and the U.S. Army Corps of Engineers invite you to attend one of our public listening sessions to share your comments regarding your requirements for emerging needs for navigational information and service delivery systems in an enav environment. Location Date Time Venue Honolulu, HI: 19 May Harborview Center Fort Lauderdale, FL: 22 May Embassy Suites Ft Lauderdale, 1100 SE 17 th St Hampton Roads, VA: 22 May Renaissance Hotel and Waterfront Conf Center Boston, MA: 03 Jun Volpe Center, Cambridge, MA Seattle, WA: 03 Jun Seattle Public Library New York, NY: 10 Jun U.S. Customs House Alameda, CA: 10 Jun Oakland Marriot, 1001 Broadway, Oakland, CA Port Huron, MI: 12 Jun Double Tree Hotel Long Beach, CA: 17 Jun Hyatt Regency Long Beach, 200 South Pine Ave. St. Louis, MO: 18 Jun USACE Mel Price Lock Museum For more info, contact LT Jacobsen at / (202) An online survey tool is also being developed to allow anyone with internet access to provide input. California Yacht Brokers Association March - May 2014 PAGE 15

16 CYBA BOARD OF DIRECTORS Meeting Minutes Board of Directors March 12, imeet Video Conference CALL TO ORDER: 9:08, March 12th, Dennis Moran, President IN ATTENDANCE: Dean West, James Johnson, Nick Friedman, Don Abbott (Ex Dir.), Tom Trainor, Jeff Merrill, J.R. Means, Bob Merritt, Mik Maguire GUEST(S): None. APPROVE MINUTES: Motion (Johnson), 2nd (West), approved minutes of 1/18/14. FINANCIAL REPORT: Treasurer Jim Johnson Report from (Abbott), $87,000, plus check from NMMA for Boat Show incentives. CORRESPONDENCE: None. COMMITTEE REPORTS: MEMBERSHIP a. MASTER, ASSOCIATE, SALESPERSON Jeff Merrill, Chair. Mailing to licensed brokers/salespeople (non-members). b. AFFILIATE JR Means, Chair. Confirming the re-instatement policy of within 2 years. After that, re-application. FORMS Nick Friedman, Chair (Nick) New platform working well, small issues only. Acceptance of Vessel form discussed. Tabled for now. Visit by Marinda Isley to Nick Friedman tomorrow and he will discuss the issue of original signatures. BOAT SHOWS Dean West, Chair a. Newport, April 3-6. b. NMMA San Diego, June Docks replaced over 3 years (Tom). c. Discussion of SF Show (Tom, Mik). WEBSITE/MEDIA/PUBLICITY a. NEWSLETTER Jim Johnson, chair. Now, published quarterly. Next schedule, May 15. Inclusion of NMMA shows. b. CYBA WEBSITE - Mik Maguire, Chair. (Don) working through issues. Conf. call with Dennis, Don & webmaster in 1 week. PAGE 16 California Yacht Brokers Association March - May 2014 LEGAL a. LEGISLATIVE - Tom Trainor, Chair. Meeting on 3/13 with discussions regarding copper paint. Legislation and the proposed best business practices regarding the diver vacuum system proposal. Confirmed By-Laws current on website. b. BY-LAWS/ETHICS Dean West, Chair. Plagiarism amendment (Section 29) discussion. Motion to pass Section 29, (West), 2nd (Tom), passed. Send to members with cover letter explaining need. Also send PDF of By-Laws. ARBITRATION Dennis Moran. Recent (3.5 month) case resolved in favor of respondents. Arbitration again proves value. ANNUAL EVENTS a LEGAL SEMINAR Wayne Rodgers, Chair Venue set for Bahia Corinthian Yacht Club on June 11, th annual, notices going out. Rodgers will continue to chair. Need new subjects! (ie: surveyors and missed items ) (West). Emphasize that the board needs to suggest topics. TRADE ASSOCIATION RELATIONSHIPS a. NMMA Dennis Moran. Earlier discussion of support. b. CPYB Lon Bubeck, Chair. No new info. c. OTHER YACHT BROKER ASSOCIATIONS Current Pres. d. MLS PROVIDERS Yachtworld, Yatco Nick Friedman. $2500 YW 2013 sponsorship not renewed in (affiliate member). YW: new California rep, Roger O Malley (Jeff). Nick to ask Miranda about using access to listings through YW and Yatco. NEW BUSINESS: a. Nick Friedman requested confirmation that Initiation Fee is waived for saleperson applicants in OLD BUSINESS: a. Dean West recommends including Past Presidents in Board discussions. (Mik): Application for Ybarra discussion. (Jeff): Going back to him for two familiar member sponsors. ADJOURNED: Motion to adjourn, (West), 2nd (Nick), 10:34 am, March 12. NEXT BOARD MEETING: Wednesday, April 2, CYBA BOARD OF DIRECTORS MEETING MINUTES Bahia Corinthian Yacht Club, Newport Beach, CA CALL TO ORDER: 12:59, May 7, 2014 Dennis Moran,

17 President. ATTENDEES: Dennis Moran, Mik Maguire, J.R. Means, Don Abbott (Executive Director), Jim Johnson, Nick Friedman, Dean West, Bob Merritt. (absent: Jeff Merrill, Tom Trainor). ALSO IN ATTENDANCE: Jeff Long, Wayne Rodgers, Lon Bubeck. RECOGNIZE GUEST(S): None. APPROVE MINUTES: March Meeting: (Motion) Johnson, (Second) West, approved. FINANCIAL REPORT: Jim Johnson, Treasurer: Discussion of revenues good from NMMA shows. CORRESPONDENCE: None. COMMITTEE REPORTS: MEMBERSHIP Mark W. Mowery, Approved, Jonathan Burkard, Approved, Loren Dee, Approved. Mark Andries, Wayne D Anna, To be broadcast to membership for comments. Any objections to be submitted to the board in writing. West presented the By-Laws section referencing member objections. There was a discussion of how FYBA offers a mobile device app and discounts to members. Dennis Moran encouraged Board Members to actively solicit new members. FORMS Nick Friedman, Chair. Update on the forms deletion issue. Change in counter-offer form language. Also, discussion on attorney fees language. Discussion on how to use the counter offer forms (more education). A proposal was presented re: advertising on the website members log-in page. Trident Funding may be the first advertiser. Don Abbott asked that a single login page be used for members only section which would include forms access. b. CYBA Website Don Abbott Website discussion came in at the forms discussion. Site is getting better and info is updated. CYBA now has regained access to for member directory updates and general home page content. LEGAL a. LEGISLATIVE - DBW LIASON Tom Trainor, Chair (absent). Copper Paint issue in flux, monitoring. Handout (Dennis) on the Boater Operator bill #SB941 (update). b. BY-LAWS/ETHICS Dean West, Chair. CYBA should attend future American Boating Council events. Updated Code of Ethics to be distributed to the members. c. ARBITRATION Dennis Moran. None in process. ANNUAL EVENTS a. LEGAL SEMINAR Wayne Rodgers, Chair. Rodgers past out the seminar agenda and it was impressive. Discussion of speakers regarding the boatyard /insurance issue. New maritime attorney panel to take audience questions. TRADE ASSOCIATION RELATIONSHIPS a. NMMA Our relationship with NMMA is very important. Members should attend NMMA. Activities such as Power Lunches. b. NWYB Moran- Matt Maynard, NYBA President will be their liaison to CYBA and Jim Johnson will be CYBA liaison). c. OTHER YACHT BROKER ASSOCIATIONS Jeff Merrill will be CYBA liaison to YBAA. He is currently a YBAA member. ADJOURNED: 3:30 pm, Motion (Johnson), Second (West), Approved. NEXT BOARD MEETING: I-Meet Video Conference 9:00 am July 9, BOAT SHOWS Dean West, Chair Discussion of new features at the upcoming June 19-22, San Diego NMMA show. WEBSITE/MEDIA/PUBLICITY a. NEWSLETTER Jim Johnson. 2nd Quarter Newsletter May 15 deadline. Need more material (especially NorCal). Call your Finance Specialist Today! California Yacht Brokers Association March - May 2014 PAGE 17

18 Monthly Quote When you do the things you need to do when you need to do them, the day will come when you can do the things you want to do when you want to do them. -Zig Ziglar Calendar June June 26 July 9 July 23 July 31 Aug 28 Sept 10 Sept NMMA San Diego International Boat Show Harbor Island San Diego, CA San Diego Brokers/Sales Forum 11:30 am Location Fiddler s Green San Diego, CA CYBA Board Meeting - Check Location TBD NMMA Power Lunch Location TBD San Diego Brokers/Sales Forum 11:30 am Location Pier 32 Marina San Diego, CA San Diego Brokers/Sales Forum 11:30 am Location Fiddler s Green San Diego, CA CYBA Board Meeting - Check Location TBD Lido Yacht Expo Lido Isle Newport Beach, CA

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