Pensacola Fishing Forum banner

1 - 20 of 20 Posts

·
Registered
Joined
·
637 Posts
Discussion Starter #1
Do we have any legal types on here that can answer a question that has come up at my work, I have been lookling in the safety study guide for florida boating license and even looked Coast Guard regs and the CFR part 33 Federal Boating Regs.
I posted about Destin pass being a madhouse going in and out of the harbor to open water.

That said a friend of mine at work say's he does not think he has to follow the channel or that the channel markers as they are not part of the Federal Navigation Rules and the regs do not say he has to follow a channel between open water and a harbor or port.

Failing to follow navigation rules is a violation. Failure of the Federal Navigation Rules is also a violation of Florida law.

Just need the CFR page and paragraph if able or a reference.
 

·
Registered
Joined
·
1,091 Posts
Markers

non commercial traffic IE pleasure boats are required to operate in a safe manor while entering or leaving a port and be mindful of their wake. The nav. channel markers are set forth to act as an AID to navigation not the same as a double yellow line in the middle of the highway or a stoplight. Remember even though it seldom happens down here storms move sandbars sometimes they totally displace a entire buoy set. I have seen Carolina beach sea buoy sitting high and dry on more than one occasion with people sunbathing beside it.
 

·
Registered
Joined
·
637 Posts
Discussion Starter #6
Trying to find if a channel into or out of port or harbor is to be folllowed under stand it is to mark deeper water for larger boats , the boating regs are not clear as to should shall may or is it a free for all to go where they want. Coming or going to open designated water ?
I always follow channel markers in the pass or intercoastal. A friend at work says it is not required.
Trying to find the reg in cfr 33 or florida law?
 

·
Registered
Joined
·
637 Posts
Discussion Starter #7
Required to be followed or not to follow or is it just recomended.
Trying to find the reg that covers this.
 

·
Registered
Joined
·
965 Posts
As far as I know, you are definitely not required to operate inside marked navigable channels. The bouys and the channel are simply aids to navigation.
 

·
Registered
Joined
·
9,747 Posts
Aids to navigation is what the buoys are. No requirement at all to stay anywhere. They are there to mark navigational waters and many more things like wrecks, restricted waters and so on. Learn what they mean. Each buoy has a meaning.
 

·
Registered
Joined
·
543 Posts
So to answer your question, no you don't. Your buddy at work is right.

Basic navigational rules still apply whether inside or outside of the channel markers. There are the written rules, and there are the actual rules. Such as the bigger boat has the right of way over the smaller boat. The drunker boat operator has the right of way over the sober boat operator. The Destin or Orange Beach charter boat has right of way over all of the above and all other boats on the water. They also have right of way over airplanes, trucks, cars, wagon trains, and dog sleds. Basically, if it moves, the Destin and orange beach charter boats will claim right of way. If you break any of the above rules, you can expect to get a good cussing on the radio, or have a meth lab reject come out on the back deck and start talking trash to you.
 

·
Registered
Joined
·
637 Posts
Discussion Starter #12
All I see within the cfr part33 and coast guard regs is should, shall or may be followed for navigation on inland waters and the intercoastal so I guess it is up to each individual to determine what safe operation is and use the channel or not..
thanks guys
I was taught to follow the channel markers and to stay to the far right and in between, wondered why so many others did not.thought it would be clear as mud in the boating regs guess not.
tight lines
 

·
Registered
Joined
·
965 Posts
So to answer your question, no you don't. Your buddy at work is right.

Basic navigational rules still apply whether inside or outside of the channel markers. There are the written rules, and there are the actual rules. Such as the bigger boat has the right of way over the smaller boat. The drunker boat operator has the right of way over the sober boat operator. The Destin or Orange Beach charter boat has right of way over all of the above and all other boats on the water. They also have right of way over airplanes, trucks, cars, wagon trains, and dog sleds. Basically, if it moves, the Destin and orange beach charter boats will claim right of way. If you break any of the above rules, you can expect to get a good cussing on the radio, or have a meth lab reject come out on the back deck and start talking trash to you.
:lol: And heaven forbid you be sitting on the public spot that said charter boat wants to stop on. We all know how that goes. :whistling:
 

·
Registered
Joined
·
543 Posts
Following the channel markers is a good idea, especially if you are in an unfamiliar area. If you aren't familiar with an area, it is better to stay in the channel then try to cut through a jetty and sink a boat, or end up 50 yards up on a 6" sandbar cause you ran between two sand islands at 40 mph just cause there was water there. But you don't have to stay in a marked channel. Not sure where that idea comes from.
 

·
VIP of the PFF
Joined
·
8,498 Posts
They are just an aid. If we all stayed in the channel markers we couldn't get to our fishing holes. Now an information buoy may tell you to stay in the channel or not to enter an area. These are different from your average channel markers.
 

·
Registered
Joined
·
2,064 Posts
Thanks to our Bay and Sound being fairly deep, most of us with shallow draft boats can run about anywhere we want with the exception of land points that produce sand bars. I think we all have been running along on plane and see depth numbers wig out on the bottom machine, look at the water and think, "Damn its shallow as Hell" or have actually run aground or drug a prop. look at the skegs on most outboards and the paint is gone.
Now head East or West out of Pensacola Bay and you will learn real fast to stay in the Red and Green markers or Buoys. You can go from a bunch of water to no water real fast! :yes:
 

·
Registered
Joined
·
1,346 Posts
Rules of the Road apply even outside a marked channel............of course probably 1/2 the people dont know what the rules are anyway. Just be vigilant and have fun.
 

·
Registered
Joined
·
637 Posts
Discussion Starter #18
Thanks all for your replies. The USCG Boat regs and the CFR Regs are full of Shall Should or May. Nothing seems to be mandatory. Basic Navigation rules are just that. As in very Basic, or who has the right of way.

I was taught when I started boating to follow the channels, red, right, return and in narrow channels to stay to the right so as not to empede on other traffic. It has worked for me so far. Just wondered why so many others did not.

Tight lines..
 

·
Registered
Joined
·
3,777 Posts
Channel markers as "described" to me by an attorney, the Alabama Marine Police, and the state of Alabama is to be used as "aides to navigation only". When we wrecked my boat in Perdido Pass 6 or 7 years ago, the light on the marker was not working. Seems as if I was the 6th boat that year to hit the rocks with a 36 footer hitting the very next night. Anyways, he contacted me (captain of the 36) and told me he was filing suit after learning of all the other incidents. Needless to say, it didn't go very far but the lights on the markers did get fixed. Just a personal experience.
 
  • Like
Reactions: knot @ Work

·
Registered
Joined
·
1,213 Posts
Thanks all for your replies. The USCG Boat regs and the CFR Regs are full of Shall Should or May. Nothing seems to be mandatory. Basic Navigation rules are just that. As in very Basic, or who has the right of way.

I was taught when I started boating to follow the channels, red, right, return and in narrow channels to stay to the right so as not to empede on other traffic. It has worked for me so far. Just wondered why so many others did not.

Tight lines..

The use of "shall" makes something mandatory.


Sent from my iPhone using Tapatalk
 
1 - 20 of 20 Posts
Top