Tuesday, February 28, 2017

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ART OF THE TROUT FLY The Dunkeld


I've been following Lyn Smith of Art of the Trout Fly through Instagram for some time now and she passed along her latest video which chronicled her creating 'The Dunkeld".  Such good clean work.



Visit the Art of the Trout Fly website to see more of Lyn's work and considering following along on Facebook, Twitter and Instagram too.

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Monday, February 27, 2017

Torres Straight to Arnhem Land


Wednesday June 30 – Tuesday July 5 2011
Thursday Island in the distance
We were up early to make sure we caught the tide run through the Prince of Wales Channel.  There’s a  great sense of satisfaction that we are at the top of Australia and rounding  Cape York,  passing Thursday Island to clear Torres Straight into the Gulf of Carpentaria. What a ride. 20 knot south easterly, a prevailing east to west current plus a big tidal run saw our GPS Chartplotter show a peak speed over ground of 12.9 knots. Karen was on watch and now officially has high speed of the passage. Not exactly 300mph on the dragstrip but any yachty will tell you – that’s hauling. A sightseeing overnight stop had originally been planned for Thursday Island but, due to its close proximity to PNG, it’s a quarantine zone. If we had landed we would of had to surrender all our fresh food when we got to Darwin. What a pain. The time frame was also still tight so straight on it was.

Booby Island - Gulf of Carpentaria

No sooner did the current spit us out into the Gulf of Carpentaria than the wind started to drop. The strong wind warning had been reissued at 7.00am predicting 25 to 30 knots but by 10.30 we were struggling to get past Booby Island . This little speck in the middle of nowhere features a lighthouse complete with a couple of very nice looking lighthouse keepers houses that would make great B&Bs if they weren’t a thousand kilometres from anywhere. This island was the last land we would see before the Northern Territory, over 300 nautical miles away. By 11.30 the wind was so poor that we resorted to the cast iron topsail (160hp engine). We motored through calm seas for the rest of the day.  
About 9.00pm the wind picked up to 15 knots then kept gaining strength until we had a pretty steady 20 to 22 through the night and into the next day. The swell also rose with the wind with two to three metre waves pushing us across the Gulf. The planned stop at Gove had also got the chop so we headed to pass Cape Wessells on the direct route to Darwin. We reached the Cape just in time to actually sight the land before sunset on Saturday July 2nd and then continued west, and continued west, and continued west, all out of site of land.


Marc relaxing with a book despite 3 metre waves rolling under us

Until now we had been running the boat with Marc, Karen and I on the helm in three hour watches overseen by Colin and Milin. While this means on for 3 hours, off for 6 for us crewmembers, the two owners had been rotating every three hours which must be tough. The  three of us crew have all been feeling sleep deprived as we get used to broken sleep and rough seas but watching how Colin and Milin kept backing up made us feel like absolute wimps.
The good news was that we switched to the five of us doing consecutive watches now as the skipper and Milin were confident we could all do our job. That means more sleep at night. Woo Hoo! Within a day we all felt better for it and were really enjoying the sail again. The wind kept going up and down from about 12 knots to good solid periods over 20 and the seas went up and down accordingly.
We’ve been overflown by Australian Maritime Surveillance aircraft three times so far with them radioing us and confirming our details and destination on each occasion. We didn’t realise we look so much like people smugglers.
After racing across the Gulf and Arnhem Land coast we dropped anchor for a bit of R &R in the shelter of a remote piece of tropical paradise called Oxley Island at 12.30pm on July 4th. We were the only humans around and the cruising guide indicated good fishing and great oysters, plentiful, fat and juicy ready for the taking. What more could we want?


Oxley Island - Arnhem land

Unfortunately Murphy’s Law strikes and after launching the inflatable dingy the outboard refused to run. No amount of effort, encouragement, cursing or tinkering could convince it to start and with nearly 20 knots of south easterly wind still coming over the top of the island, trying to row ashore would of surely resulted in a premature and very uncomfortable trip to Timor. Through the binoculars Karen could actually see the oysters thick on the rocks but the bacon went back in the fridge, the worstershire sauce back on the shelf and the oysters Kilpatrick will have to wait for another night. It also means it’s 13 days since we stepped foot on land.
 Mt Adolphous Island to Oxley Island  - 587 nautical miles – 104.8 hours – average speed 5.71 knots – 4 tuna – no bloody oysters.
Tuesday July 5th
We got away from Oxley Island at 07.30 this morning for a relatively short hop to Port Essington. If we tried to head straight to Darwin we would arrive at Cape Don for the long run across the Van Diemen Gulf to the harbour facing a strong tidal current against us so we spend the night at anchored up and leave on Wednesday and time our run to have that current with us instead. The sail to Port Essington was really pleasant with 14 to 18 knots of wind and a quite mild sea so we arrived just on 3.30pm.


Marc the be-header at work

As always the trolling line was out and just when we were thinking we were going to be out of luck Marc landed a big queen fish as we were entering the anchorage. This put us all in a fishing mood so as soon as the anchor was down we got set.  Marc did his fish beheading trick on the queen fish and Karen turned the rest into fillets and bait. Marc and Karen soon had lines on the bottom to discover what might be around.
Marc has been set on seeing both a shark and a croc on the this trip. He is a Pom so has led a sheltered life.  Rob decided to see whathe could do for him as we were in the heartland of both creatures.  We have one heavy line on board which is really dark and has proved useless for bottom fishing sohe thought he’d try something different with it for sport. On went a big hook attached securely to the whole carcass of the recently sliced and diced queen fish, a recently emptied beer can was taped on the line as a float, the line was wound once over the back rail and out she went to see what we could attract. Rob quickly told Marc to keep an eye on it because it was for entertainment value only as anything big enough to take the bait was definitely going to be too big for us to even think about landing. As usual Karen was first to hook a fish and Rob grabbed the video camera to record her bringing in whatever it was she had and called for Marc to get the landing net. 
So here’s Rob shooting video, Karen over the stern playing tug of war with something big that very much resented the hook in its mouth, Marc leaning over the side, landing net at the ready when the heavy line suddenly goes mad,  the reel bouncing all over the deck between their legs, line streaming out all around and through Karen’s current battle and a sizeable shark is sighted making off with my queen fish offering.  Almost simultaneously both busted off their lines and while laughing our heads off we were left trying to assimilate what had just happened in just a couple of nano seconds, Marc calmly turned from the scene and in a masterpiece of understatement said, “I don’t think the net was going to be much use at all really.” But he can now cross “shark” off his list of experiences this trip.
With the entertainment over we had one more go at adding to our fish stockpiles but to cap off our fishing for lunatics afternoon,  Karen hauled in a 60 centimetre grey shark which we duly got some footage of, retrieved our hook from and then relaunched into the wilds.
 We capped off a fantastic day’s sailing and frivolity with an amazing meal of fresh Tuna steaks in ginger sauce that Milin created. It was without doubt the nicest tuna dish we have ever tasted and was duely washed down with some fine wine while sitting in the cockpit with an absolutely stunning Northern Territory sunset as the backdrop.  Life is good on Nae Hassle.
Oxley Island to Port Essington – 48.3 nautical miles – 8.16 hours – average speed 5.91 knots – 1 Queenfish + shark entertainment.

To stay right up to date with what we’re up to these days and see lots more photos check out and 'like' our Dreamtime Sail Facebook page at Dreamtime Sail on Facebook
If you have only recently discovered our blog and would like to read how it all started, or work through our previous adventures, click the link to go back to our first blog entry. Stuff it. Let's just go sailing anyway.  We hope you enjoy reading the previous posts to catch up on our story.

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Its not about the grouper it wasnt even square Yates v Feds


This Supreme Court case revolves around local commercial fisherman John  Yates. The facts of his original case in many ways no longer matter. Unfortunately for Mr. Yates he is now at the center of a maelstrom about the application of a Federal  law. It's also a sad story. It made Mr. Yates a felon, destroyed his livelihood, and represents a legal overreach that could potentially happen to anyone. Common sense has apparently left the Federal prosecution system.


A short summary of what happened is as follows. Mr Yates and and his crew were fishing for Red Grouper offshore when his vessel was boarded by a Florida Fish & Wildlife officer. The officer had been deputized to operate in Federal waters where the vessel was located. The officer found some of the 1700 pounds of Red Grouper frozen in the hold were undersized. 72 of them to be exact.

I just want to interject a couple of notes here regarding some of Mr. Yates defense arguments. He alleges that the officer did not follow Federal statutes (50 C.F.R. § 622.2) regarding how to measure fish.  I will save you some of the pain of grinding through the document, and now you will know how to measure a fish.

"The straight-line distance from the tip of the snout to the tip of the tail (caudal fin), excluding any caudal filament, while the fish is lying on its side. The mouth of the fish may be closed and/or the tail may be squeezed together to give the greatest overall measurement."

The second argument he tendered is fish when frozen, which is critical in the hot Florida temperatures, are shorter than when thawed. I have talked with local fishermen, and they agree. Not in exactly how much smaller, but all say a frozen bent fish is hard to measure in the first place.

This in the end, is also no longer important either. To continue the story, 72 undersized fish are put in a container and Mr. Yates is ordered to retain them until he reaches port for inspection by the National Marine Fisheries Service. Before returning to port Mr. Yates ordered the crew to dump the fish and replace them with fish of  nearly the correct size. Are you ready?

Most of us have seen The Deadliest Catch on TV. They use a handheld gauge to measure the crab's shell. When you watch them sorting a catch, they can spot the obviously large ones and they go straight to the tank. The questionable ones get measured. I think in every large haul in the quest to get things done quickly occasionally a few that are slightly undersized will get through. I also think the phrase "Close enough for government work" is in play."

When the boat reaches port the container has only 69 slightly undersized fish. Three are missing. A crew member later admits that sequestered fish had been dumped overboard and replaced. This is the real start of the story.

Like the crab fishermen, if you you're caught with undersized fish, you get a penalty. It's a civil matter like a parking ticket. And in this case Mr. Yates was cited and penalized. The matter was put to bed.

Three long years later Mr. Yates was charged by Federal Prosecutors under, hold your breath now, 18 U.S.C. 1519 - DESTRUCTION, ALTERATION, OR FALSIFICATION OF RECORDS IN FEDERAL INVESTIGATIONS AND BANKRUPTCY, TITLE 18 - CRIMES AND CRIMINAL PROCEDURE, CHAPTER 73 - OBSTRUCTION OF JUSTICE, SEC. 1519 - DESTRUCTION, ALTERATION, OR FALSIFICATION OF RECORDS IN FEDERAL INVESTIGATIONS AND BANKRUPTCY, which reads as follows:

"Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both." The highlighted words "Tangible Object," that's the three missing Red Grouper.

This law is more colloquially known as the Sarbanes–Oxley act and or Sarbox. The section of the law above is known as the anti-shredding provision. This was legislation that arose out of the collapse of Enron, Tyco Int'l, Worldcom and others. In simple words the intent of this piece of legislation was to make it illegal to shred or destroy documents, computer records and similar materials that were required for a Federal investigation of a corporation's activities. I don't know about anyone else, but the intent seems clear, and I can't see how at any practical level that it can be construed to now apply to a fisherman and some missing grouper.

Mr. Yates has two other Federal charges added to the above, goes to court, and loses on two of three charges. The judge buys the Federal Prosecutors argument that a "tangible object" as described in the Sarbanes–Oxley act can be a fish. Since a fish is now a tangible object, and it was destroyed by dumping it overboard, Mr Yates loses the case and is sentenced to 30 days in prison. It could have been much worse, the penalty can be up to 20 years in prison. He appeals his conviction and now the Supremes get to decide what a "Tangible Object" really is.

One of the other defences Mr. Yates argues is "Lack of Fair Notice." What this means is there is no way he could have reasonably, or possibly known that his act of discarding the said three grouper was a Federal crime as it was applied to Sarbox. I certainly didn't know this was possible, and I think few if any readers know this either.

This court case and conversation is in part about the subject of "Over criminalization." Today there are over 4500 Federal laws governing criminal behavior. Add to this the about 300,000 criminal Federal regulations. These are estimates because of the difficulty involved in even trying to count them. Mix well, and add a dash of Sarbox out of context. You have just provided Federal Prosecutors with almost limitless ways to make anyone they want a criminal. The application of the Sarbanes–Oxley act anti-shredding provision is the icing on what could be a very onerous cake for the public.

The Government's case is the words "Tangible Object" means anything solid, and would most likely include things not quite so tangible like oxygen gas. The term they apply is "Natural Meaning", and they argue the context in which "Tangible Object" is used in the Sarbox legislation has no bearing. A law is a law, if it looks like a duck....

The defense is saying two things. The application of the Sarbanes–Oxley act was inappropriate, and not the law's purpose or intent, and the use of "Tangible Object" should be placed in context with the other words used in the description like record, document et al. Hard drive, computer disks, thumb drives and the ilk fit the "Tangible Object" context well. Fish, not so much.

My take is if the original writers of the legislation had added fish to the list they would have laughed later about it over a beer, and removed it promptly before anyone saw it. I would suggest to the Justices they should do this and see how well it seems to fit the the intent. Here is what is looks like.

"Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, fish or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction....."

Hmmm... when you do that, fish seems out of context and not inline with the purpose of the act. This doesn't appear to be rocket science!

The real crime here wasn't the undersized grouper, but the unfathomable and unbelievably inane, and bordering on cruelty behavior of the prosecutors who used Federal law, and huge sums of the publics money to pursue this minor infraction in the first place. They must have been too busy working on this case when the bankers and their collective greed caused the near collapse of the US economy and the recession. Few involved with that were ever prosecuted. I guess the ones who made hundreds of millions of dollars peddling bad mortgages wore expensive suits and seemed be be nice folks, unlike a weathered fisherman in Cortez Florida.

"It will be of little avail to the people if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood" James Madison

This is one of the many amicus curiae briefs filed on behalf of Mr. Yates


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Sunday, February 26, 2017

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Saturday, February 25, 2017

Tan dacron head sails for sale


I have two, new and never used, one has not even been removed from its sail bag.



The picture is not of one of those on offer but shows the tan colour of the sails when in the sunlight.


They are suitable for a yacht around 45 to 50 feet long.

Contact me for dimensions and pricing.

Roy


Now posted on Gumtree.

There are two tan dacron sails, never used, one has never even been taken out of its carry bag.

one is a number one yankee and sized Luff x 15mtr Leech x 9.50 mtr, Foot x 8.40 mtrs

Cost R12,000.

The other is smaller and also a yankee cut.

Sized Luff 12 mtrs , Leech 7.6 mtrs, Foot 6.71 mtrs

Cost R8000.

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Friday, February 24, 2017

Design 1005 Andante



Andante was designed and built for Walter N. Rothschild, former president of the Abraham & Straus department store chain. He was the great-grandson of a founder of Abraham & Straus, Abraham Abraham, representing the fourth generation of his family to serve as the company's president. The chain was based in Brooklyn, New York, and once comprised 18 department stores across the New York metropolitan region.

She was constructed of wood by Abeking & Rasmussen of Germany and launched in 1954.

Here's an early magazine article. Please double click for zoom.


Here are the plans.


Principal Dimensions
LOA 64'-0"
LWL 53'-9"
Beam 16'-9"
Draft 5'-2" (board up) 9'-2" (board down)
Displacement 78,500 lbs
Ballast 11,500 lbs
Sail Area 1,609 sq ft

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