GL: (no subject)

[Dan & Peggy B.]

I am not sure how you can feel Federal law 'trumps' State law when State and
Local authorities can make take a Federal law and take it one step further to
be more restrictive.  It would seem State and Local law 'trumps' Federal law.
State and Local law cannot be less restrictive than Federal law.

dan

  ----- Original Message -----
  From: Peter Brownell
  To: great-loop@lists.samurai.com
  Sent: Monday, April 09, 2007 2:29 PM
  Subject: GL: (no subject)


  Hi All,

  Don't want to beat a dead horse but someone asked for the cite for the
  Vermont state statutes regarding discharge requirements for Lake
  Champlain.

  The cite is 23 VSA Chapter 29 Section 3306 (e).  One can view the
  contents of the Vermont statutes at:

  http://www.leg.state.vt.us/statutes/statutes2.htm Interesting to note
  that the title of Chapter 29 is "Snowmobiles, Motorboats, and
  Watersports"  Shows you where the legislative priorities are in Vermont
  :-)

  Also to further beat another dead horse, we all grew up believing that
  federal regulations trump state laws.  This is true if they conflict (you
  generally can't pass a state law that supersedes a federal law) but if
  they do not conflict, you have to follow BOTH federal and state
  regulations and laws.

  For instance, there is no federal requirement to carry an anchor (though
  we all can't imagine going out without one).  New York statute at NAV
  Section 40.3 , however, does requires that "every mechanically propelled
  vessel"  must carry an anchor (note - there is no minimum horsepower
  specified).  Thus if you have your inflatable with a three horsepower
  engine on the New York side of Lake Champlain, you will need to carry an
  anchor.  Never heard of anyone actually g etting fined but there was a
  period where New York State authorities were handing out warnings to
  people in dingys without anchors (I carry one now).

  Again, I hope that anyone planning their great-loop route will come
  through Lake Champlain and up the Richelieu to the St Lawrence and over
  to Montreal etc.  It is an incredible trip and a wonderful experience.
  Some of the best boating in the northeastern United States in our humble
  opinion.  Hope to see you here on the lake this summer.

  Best
  Peter & Linda
  :-)-------------------------
  Peter Brownell, MV Destiny
  Lake Champlain, Vermont
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