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From: Dave Kruger <kdruger_at_pacifier.com>
subject: Re: [Paddlewise] Australian state (even more) severely restricts kayaking
Date: Sat, 10 Oct 2009 04:51:20 -0700
Doug Lloyd wrote:

 > 
http://www.legislation.sa.gov.au/lz/c/r/harbors%20and%20navigation%20regulations%202009/current/2009.226.un.pdf
 >> Part five para 13.
 >>
 >> DL

 >>> unprotected waters - beyond 3 nm from most of the sea coast...

In response to Paul's contribution:

 >> I stand corrected - it's worse - only 2 nautical miles.

 >> The regs defined unprotected waters in two places - and I picked the 
wrong definition.

 >> Best Regards Paul Hayward, Auckland, New Zealand

I'm confused here, guys.  Here is what I found on the indicated pages:

Page 17:

 > unprotected waters means waters offshore of a line 2 nautical miles
 > seaward of the low water mark of a coast or of the banks of Lakes
 > Alexandrina and Albert;


Page 22:

 > 13Certain vessels not to be operated in unprotected waters

 > (1) A person must not, without the approval of the CEO, operate?
 > (a) a personal watercraft; or
 > (b) a canoe, kayak or other similar small human-powered vessel (other 
than a rowboat),
 > in unprotected waters.
 > Maximum penalty: $1 250.
 > Expiation fee: $160.

In a different location, I found the definition to mean 5 nautical miles out.

In any case, this is nuts.  It is OK to take a rowboat into "unprotected 
waters," but not a proper sea kayak????

-- 
Dave Kruger
Astoria, OR
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From: Duane Strosaker <strosaker_at_yahoo.com>
subject: Re: [Paddlewise] Australian state (even more) severely restricts kayaking
Date: Sat, 10 Oct 2009 12:40:29 -0700 (PDT)
Paddlewisers,

Down under it is time to paint your kayaks, paddles, and all the rest of your gear ocean camo, remove any reflective tape, and just in case the authorities still spot you, carry smoke to throw up a screen. Also, it's probably best to shift most of your paddling to night time and keep the lights off. Then when you land on the beach at dawn with face paint, act like nothing happened.

Duane
Former Paratrooper
www.rollordrown.com
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From: Paul Hayward <pdh_at_mmcl.co.nz>
subject: RE: [Paddlewise] Australian state (even more) severely restricts kayaking
Date: Sun, 11 Oct 2009 21:59:43 +1300
Duane Strosaker said on Sunday, 11 October
> Down under it is time to paint your kayaks...camo

Duane

...or just rig a small sail.

As I suggested before - sailboats have no size limits or other restrictions,
but small ones are obliged to carry 2 (!) paddles when far enough offshore
(in those selfsame unprotected waters)... so I'd opt for a quick transition
to a sailing canoe - with paddle backup.

Voila !

Best Regards
Paul Hayward, Auckland, New Zealand
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From: Paul Hayward <pdh_at_mmcl.co.nz>
subject: [Paddlewise] Four-stroke sit-on-tops
Date: Sun, 11 Oct 2009 21:59:43 +1300
As we struggle with our local Auckland kayak visibility bylaw (another big
powwow tomorrow), we have been shaking our heads over the trouble in store
for our bureaucratic guardian angels (joking) in satisfying their desire to
keep us safe from harm (by legislating us to be more visible).

If you haven't been paying attention (can't say I blame you) - we had a law
dumped on us that forces us to ensure that we are visible enough to avoid
collisions between other vessels and kayaks. Irrespective of whether the
other skippers are keeping a watch... That extends to night-time - when we
are required to show 2nm all-round bright lights. For a number of reasons -
to do with retention of night vision by kayak-group-members and compliance
with international standards - we have been attempting to get these
regulations thrown out and replaced with a recommended code of conduct.
Anyway - the pros & cons are being thrashed.

All this is aimed at human-powered paddlecraft. Not rowboats (that would
piss off a majority of boat owners) - but paddlecraft. The fact that this
unintentionally included quite a number of giant 80+ man Maori waka (think
US/Canadian West-Coast Indian dug-out canoe on steroids) is a right giggle.
The waka are very tribal, very sacred, very politically-incorrect to insist
be clad in fluro breechcloths, etc. Just a minor oversight...

But what will really stuff things up is the looming surge of cheap 4-stroke
fishing sit-on-tops. These are a cross between an under-powered jetski and a
fisho's dream sit-on-top (with bait wells & electronic dashboards like an
F16). No paddling required, just head for the horizon and hope you have fuel
to get back if the afternoon onshore breeze blows the wrong way. These
things are inexpensive!

Have the US - Canadian - European waters seen an explosion in these things ?
I assume you have all had the boom in fishing kayaks ? 

Best Regards
Paul Hayward, Auckland, New Zealand
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From: Paul Hayward <pdh_at_mmcl.co.nz>
subject: RE: [Paddlewise] Four-stroke sit-on-tops
Date: Tue, 13 Oct 2009 13:21:17 +1300
Erik S. wrote on October 11, 2009 (back-channel)

 

> Any chance you could post names... a bunch of letters from international
paddlers

 

Thanks very much for the offer - and I'm willing to stand up and say that
organising a vocal response from the paddling community _does work_.

 

I am just back from a big powwow with the ARC - our local regional authority
- and we are celebrating success in getting the rule (bylaw) downgraded from
an offense to a recommendation. The wording has also been improved, so that
while not perfect in its application to all paddlesports, it is a lot more
sensible than it was originally.

 

However, the great news is that instead of the bludgeon of a rule or
'offense', a 'recommendation' can now be used as a baseline for authorities
and enthusiasts - to promote 'best practice'. Something that most kayakers
pick up through experience, training or simply thinking (?) about what they
are doing. Common-sense in other words - but you are still at liberty to
ignore it.

 

Returning to Erik's offer of support, our political process began with a
small initiative by a few members of a local kayaking clubs (and ours - at
that time - were even less 'together' than yours are - I'll put money on it
;-). In the space of a few weeks (all we had) of 'viral marketing' - friends
of friends - we had cajoled and motivated some 520 kayakers in the region to
make formal submissions (via email or post). This startled us and startled
the hell out of the local politicians (I'm not sure they thought there were
that many kayakers out there). What continues to amaze me was that given the
option of just 'buying into' a moderately-worded sample submission, to which
they could simply say 'me-too', many were so enthused that they wrote pages.
The printed copies of the submissions form a bound stack some 6" high!
Luckily, it wasn't thought necessary to print many copies of these - and we
have a lot of pulp trees in NZ - so we can still 'live with ourselves' on
the balance of benefit to environmental cost ;-)

 

So, if you suffer a bureaucratic / political attack on your kayaking sanity
- take heart and take the battle to them where they understand it - in the
voice of the electorate. Kindle a flame and you may shed some light on the
silliness and develop some official interest in making it less silly for
both yourself and those who come after...

 

Best Regards

Paul Hayward, Auckland, New Zealand
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From: Craig Jungers <crjungers_at_gmail.com>
subject: Re: [Paddlewise] Four-stroke sit-on-tops
Date: Mon, 12 Oct 2009 17:59:28 -0700
> So, if you suffer a bureaucratic / political attack on your kayaking sanity
> - take heart and take the battle to them where they understand it - in the
> voice of the electorate. Kindle a flame and you may shed some light on the
> silliness and develop some official interest in making it less silly for
> both yourself and those who come after...
>
>
Thanks for this update, Paul. It sounds as though they *do* listen after
all. Good to know.


Craig Jungers
Moses Lake, WA
www.nwkayaking.net
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From: Paul Hayward <pdh_at_mmcl.co.nz>
subject: RE: [Paddlewise] Australian state (even more) severely restricts kayaking
Date: Sun, 11 Oct 2009 21:59:43 +1300
Dave Kruger wrote on Sunday, 11 October 2009
> I'm confused here, guys

Dave 

I do believe it means 2 nm. I know it says at least two different things -
in two different places - but hey, they write the rules ;-)

I used to think it was just me being bad at understanding the writers of
legislation & laws (whatever the country), but I'm more & more thinking that
there just doesn't seem to be any penalty for doing a half-assed job... As I
said to someone on another forum, if I wrote software with as little care &
attention as seems to be employed in writing most laws - I'd be really
hungry.

And yeah, the rowboat thing does seem designed to rub salt into the wounds.
I understand that there are elements of the Australian paddling community
that are less than pleased.

Best Regards
Paul Hayward, Auckland, New Zealand
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