Posted by Brendon Baillod on June 06, 19100 at 21:31:45:
In Reply to: Re: Whitefish Pt. (MI) posted by Tim on June 06, 19100 at 10:33:15:
Tim,
Buoys in Michigan's State Underwater Preserve System are placed seasonally under the authority of the State Government by the various Underwater Preserve Committes. The preserves are authorized by State law to do this and all necessary permissions were obtained for these seasonal moorings nearly a decade ago when most of the preserves were established. In fact, the Coast Guard donated the hull of their lost cutter, the Mesquite to be sunk in one of the preserves for the use of sport divers. It is now buoyed annually by the local preserve committee. Individual volunteers who place buoys on wrecks designated within the preserves are not individually liable for the buoys, the Michigan Underwater Preserve Council and the local preserve committees are. The designated wreck moorings within the preserves are known to and approved by the Coast Guard. As such, the question of individual liability doesn't apply in this case. Conversely, if an individual decides to take it upon themselves to buoy a wreck outside of a sanctioned preserve without getting Coast Guard approval for the mooring, they are then individually liable. The difference between these two cases is pretty clear.
: : In response to the question of liability for buoys
: : and not wanting to be held liable, stated at the
: : end of this post: These buoys are in state sanctioned underwater preserves. The Coast Guard knows about them and approves of them. There is no individual liability (duh!). The reason they are late getting out is because the preserves are volunteer, uncompensated committees. They are certainly underfunded (if they are funded at all) and often lack sufficient volunteers and resources to get the buoys out. Some preserves have more manpower and resources than others and can get the buoys out sooner than other.
: : : : Thanks for the report. I don't know what's going on with the "dive industry" in Michigan. I here the Straits are still not buoyed. The charter companies are losing a ton of money because nobody wants to take some initiative. I'd do it myself if I had a boat. I have volunteered to do the diving for both Whitefish and the Straits but no one has called. I have a freind in the Soo who fills tanks. His name is Steve Frederick and his number is 906 632 3068. You'll have to make an appointment, but he's easily available.
: : : : Mike
: : : : Kinross Michigan
: : : Maybe it is because nobody wants the liability of placeing a menace to navigation (ie bouy) without a Coast Guard permit think about it do you want to be held liable Tim
: The person that places a bouy or any other fixed floating object on a navigable waterway without a permit and a Coast Guard notice to mariners is fully 100 percent responsible for any damage to any vessel caused by these bouys.preserve or not.check out the law before you give out to much more bad info Tim