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Name:
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Capt M Brooks
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Subject:
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3 Lakes Law Information
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Date:
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6/12/2013 12:45:03 AM
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When someone asks us a question and does so in a civil manner, we will go above and beyond to answer that question. It's important to us that information flows quickly and correctly to the public. Sometimes there is an issue that arises where no matter what we do or say, half the people with a stake in that issue are going to be unhappy. This is the case with this particular law, except that at one time or another it seems that everyone involved has been unhappy.
We do our best to apply the law fairly and equally. No one has received undue consideration or special favor on this or any other matter that we deal with on Lake Martin or on any other lake in the District. From shut-off switch enforcement to registration requirements to BUI activities to the enforcement of the 3 Lakes Law, no one is above the law and to us it doesn't matter what a person does for a living, how big a house he has or how much money he makes. By writing this here I'm not defending our activities or our stance on this or any other subject, I am stating a FACT. We apply the law in good faith and we apply it equally to all involved.
One of the major issues we had in attempting to apply this law dealt with the measurement of a boat's length. From Day 1 everyone with an interest in the law was confused about how length was determined, what was and was not included in that measurement and how we were going to possibly attempt to measure all of the affected boats. There was a lot of misinformation spread around, at times it seemed deliberately. In order to clarify the measurement of a vessel for the purposes of enforcing this law, the Commissioner of the Department of Conservation and Natural Resources promulgated a regulation that spelled the measurement process out. We as officers are bound by that regulation and it's how we determine a boat's length when applying this law.
In a nutshell, we measure a boat in a straight line from the tip of the bow to the lowest point of the transom, excluding sheer, bowsprits, swim platforms, motor mounts and outdrives. We will drop a plumb bob from the bow and a plumb bob from the lowest point of the transom and measure the straight line distance between the two.
If there is a boat in question the owner can contact us at the District 3 office. We will come out and measure that boat according to the regulation. By this regulated method of measurement, some boats that are sold as X-feet in length will come in at a shorter length. If the boat is found to be less than the 30'6" maximum, then it is allowable. This has nothing to do with the Grandfathering process.
Needless to say, this process is a headache for the boat dealer, boat owner and Marine Police. A great number of people have chosen to trade down to a smaller boat rather than deal with the process. Over the years that I have been here the law has had consequences: there are not as many of the "go-fast" types of boats on Lake Martin, the really large "off-shore" boat types have gone and as the grandfathered cabin cruisers age there will be less and less of them.
Another thing to keep in mind is that if we do stop a boat that we determine is prohibited, by law we must issue a written warning on a first offense and in some situations the boat owner has 90-days to attempt to bring his boat into compliance with the law.
If you see a boat that you think is outside of the law, it doesn't mean we aren't doing what we can to enforce the law. Even as diligent as we are with BUI enforcement, there are still plenty of BUIs made on Lake Martin. There will never be 100% compliance with any law. If there was, there would be no need for any law enforcement anywhere.
I hope this answers some of your questions. If any of you have any follow-up questions you can feel free to E-mail me at:
matt.brooks@dcnr.alabama.gov
Or call me at:
(256) 329-2268
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