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SCUTTLEBUTT 2548 – March 7, 2008

Scuttlebutt is a digest of major sailing news, commentary, opinions,
features and dock talk . . . with a North American focus. Scuttlebutt is
published each weekday with the support of its sponsors.

by Bob Fisher
Auckland, New Zealand (March 6, 2008) -- The America's Cup, currently, is
little better than a war zone and Emirates Team New Zealand fired two
missiles into the battlefield yesterday. The Kiwis entered two actions into
the New York State Supreme Court in an effort to bring the defenders of the
157-years old trophy into line.

The Societe Nautique de Geneve, Team Alinghi and its owner Ernesto
Bertarelli, together with the organising America's Cup Management, are
jointly and severally charged with breach of contract in not organising an
event in 2009, as contracted with the New Zealand team, and perhaps more
pertinently, of a breach of trust in endeavouring to organise a one-sided
competition under the rules and regulations it announced with the connivance
of the Spanish yacht club that was subsequently disqualified as a

The event is already in court following Judge Herman Cahn's decision to
disqualify the bogus Spanish club because the Swiss submitted further papers
that have delayed the settlement order. The Kiwis had a contract with AC
Management for an event in 2009, but already ACM has declared that this will
not occur. Emirates Team New Zealand seeks damages as per its contract, in
excess of US$12 millions. -- Read on:

* Radio NZ aired a 7-minute report about ETNZ's lawsuits against Alinghi,
which includes an interview with syndicate head Grant Dalton:

* (Valencia 6 March 2008) Statement from Lucien Masmejan, Alinghi legal
"We are disappointed to learn of this legal action by Emirates Team New
Zealand, given their previous public acceptance and commitment to the
competition. These actions are totally without merit, wildly miss the
target, and will be defended rigorously. We share the sailing community’s
frustration in the delays affecting the America’s Cup but Alinghi, as
trustee, is duty bound to defend its position in the current legal action
and to preserve the integrity of the America’s Cup. We have repeatedly made
it clear that Alinghi welcomes a swift court resolution and wants to get the
action back on the water as soon as possible."

by Cory E. Friedman, America’s Cup Legal Analyst
(March 6, 2008) The second front has been opened – and the third. As widely
reported, Team New Zealand Limited, (“TNZ”) (Emirates seems to be MIA),
filed two complaints against Societe Nautique de Geneve (SNG), Team Alinghi,
S.A., AC Management, S.A. and Ernesto Bertarelli. The first is a
straightforward breach of fiduciary duty/breach of contract complaint filed
in the Commercial Division of the New York State Supreme Court, New York
County. TNZ requests that it be assigned to Justice Cahn. In keeping with
the selection of David Boies of Boies, Schiller & Flexner, LLP, one of the
most aggressive quality US law firms, as counsel for TNZ, the second, filed
in the US District Court for the Southern District of New York (literally a
short stone’s throw behind the Supreme Court building) and assigned to US
District Judge Pauley, is an anti-trust case which lies somewhere near the
outer limits of US anti-trust law.

We have already seen Justice Cahn in action. I appeared before Judge Pauley
soon after he became a judge and found him to be an excellent, no nonsense
judge (who quickly ruled in my favor – full disclosure.) Unlike the pending
GGYC v. SNG case before Justice Cahn, which should have been history by
now -- if the keel yacht issue had not been allowed to drift off course --
neither of TNZ’s cases is amenable to a prompt resolution. Indeed, all of
the appeals in GGYC v. SNG will probably be resolved before either case gets
anywhere near resolution, so don’t hold your breath.

The state court case is pretty straightforward. It alleges that SNG (and the
other defendants) engaged in self dealing and breached a fiduciary duty to
TNZ by cooking up the CNEV challenge in order to fix the 33rd Cup in SNG’s
favor and wound up injuring TNZ by postponing the Cup because SNG was caught
by GGYC (Oracle), which cuts off TNZ’s income, especially from sponsors, but
not its expenses. The breach of contract claim is a little more
intriguing. -- Read on:

Yachting NZ has decided there will be no New Zealand Olympic entries in the
Yngling or women's 470 classes. Yachting New Zealand's Olympic selectors
insist the pregnancy of one of its sailors had no impact on her
non-selection for the Beijing games. Yngling skipper Sharon Ferris and crew
Raynor Smeal and Olivia Powrie have not been given the Olympic nomination
despite qualifying the class and reaching the medal round at the recent
world championships in Miami recently, finishing ninth.

Olympic selector Rod Davis says it was a tough call but they do not feel the
crew would be medal contenders and the overall results just did not cut it.
Davis says Ferris' pregnancy was not a factor, as the criteria is
performance based. Ferris is due to have a baby in two months. Yachting New
Zealand has also decided against nominating a women's 470 team. --

“They are the actors in this movie, I am just the director. There is only
space for a few personalities in this event and I want to concentrate on
building the profiles of the people who actually race these boats around the
globe.” -- Newly appointed Volvo Ocean Race CEO Knut Frostad. --

* Volvo Cars has unveiled their special edition Volvo Ocean Race range of
vehicles, which includes three models: the Volvo V70, Volvo XC70 and Volvo
XC90 in exterior colors of either ocean blue or electric silver. For the
Volvo Ocean Race in 2001-02, 4,500 special edition vehicles were sold. For
the 2005-06 race, sales increased to 8,600 and the company expects to reach
9,000 sales for 2008-09. The cars will be in dealerships in June this year.

Perhaps you’d be excited about the mix of shoreside seminars and on the
water training. Maybe the onboard coach would be an attraction. Or the video
review. The six days of training and racing might be enticing. But the
closer, the reason you should attend the North U/ Offshore Sailing School
Performance Race Week, is the fun. Come to Florida April 6 – 12 for the fun,
and as a bonus, go home as a winning racer. or

Miami Beach, Fla. (March 6, 2008) – Vincenzo Onorato has skippered
Mascalzone Latino to victory in the last two Farr 40 World Championships.
With the 2008 Worlds one month away, the Italian team seems to be rounding
into top form. Onorato had a brilliant opening day at Acura Miami Grand
Prix, winning both races to take the early lead in the deep, talented and
highly-competitive Farr 40 class. British America’s Cup veteran Adrian Stead
called tactics aboard Mascalzone Latino, which made a great move at the
leeward gate to take control of Race 1 then caught a favorable wind shift in
Race 2.

Michael Illbruck and John Kostecki have sailed together for nearly two
decades in a series of different grand prix designs, even partnering to win
the Volvo Ocean Race in 2001-2002. Illbruck, from Munich, Germany, recently
jumped into the up-and-coming Melges 32 class and has enlisted Kostecki’s
services in order to get up to speed. Illbruck has named all his boats Pinta
and the latest placed seventh in Key West. Less than two months later,
Illbruck and crew showed vastly improved boat-handling in starting Acura
Miami Grand Prix with a second and third.

Principal Race Officer Dave Brennan and Event Director Peter Craig delayed
the start of racing by about an hour for a 8-10 knot southeasterly to
develop for Race 1, building to 14-16 knots for Race 2. Provisional results
after 2 races:

Farr 40 (28 entries)
1, Mascalzone Latino, Vincenzo Onorato, Napoli, Italy, 1-1=2
2, Barking Mad, James Richardson, Newport, R.I., 2-2=4
3, Nerone, Massimo Mezzaroma, Punta Ala, Italy, 7-4=11

Melges 32 (20 entries)
1, Pinta, Michael Illbruck, Munich, Germany, 2-3=5
2, New Wave, Mike Carroll/Marty Kullman, Clearwater, Fla., 6-1=7
3, Star, Jeff Ecklund, Ft. Lauderdale, Fla., 5-2=7

IRC 1 (6 entries)
1, Flash Glove, J/V 52, Colm Barrington, Dublin, Ireland, 1-2=3
2, Numbers, J/V 66, Daniel Meyers, Newport, R.I., 3-1=4
3, Windquest, TP52, Doug DeVos, Holland, Mich., 2-5=7

IRC 2 (6 entries)
1, Teamwork, J/122, Robin Team, Beaufort, N.C., 1-1=2
2, Bandit, Swan 42, Andy Fisher, Newport, R.I., 4-2=6
3, Thin Ice, Aerodyne 38, Stuart Hebb, 2-5=7
Event website:

* Starting Thursday night, Jobson Sailing will be hosting the Acura Miami
Grand Prix video reports which will run through Sunday night. --

Miami, FL (March 6, 2008) After racing was cancelled on Wednesday, the
schedule was to begin an hour earlier on Thursday, but competitors were kept
ashore under postponement as the race committee studied the glassy bay, the
skies, and weather forecasts. With thunderstorms and winds bouncing down
from all around the compass expected, racing was abandoned for the day
before noon. Having now lost the fourth and fifth days due to either too
much or too little wind, Friday will be the final day of racing, and strong
winds and possible thunderstorms are in the forecast.

Current results (top 10 of 118)
1. GBR, Iain Percy/ Andrew Simpson, 3-14-3, 20
2. BRA, Lars Grael/ Marcelo Jordao, 7-1-16, 24 points
3. POR, Afonso Domingos/ Bernardo Santos, 12-9-7, 28
4. BRA, Alan Adler/ Ronald Seifert, 2-19-8, 29
5. IRL, Peter O'Leary/ Stephen Milne, 14-15-1, 30
6. ITA, Diego Negri/ Luigi Viale, 16-7-12, 35
7. ITA, Alberto Barovier/ Nando Colaninno, 23-4-9, 36
8. BRA, Robert Scheidt / Bruno Prada, 4-12-21, 37
9. USA, Augie Diaz/ Phil Trinter, 9-3-29, 41
10. SUI, Flavio Marazzi/ Enrico De Maria, 15-21-5, 41.0001
Full results:

Fortunately for true explorers in search of solitude, at least one great
adventure, sometimes called the Arctic Grail, remains - transiting the
Northwest Passage, the sea route that connects the Atlantic and Pacific
oceans along the northern coast of North America. Last summer, two San
Rafael, CA residents - Doug Finley and Chris Parkman - successfully
transited the passage as part of the six-person crew of Cloud Nine, a
57-foot Bowman ketch owned and skippered by Roger Swanson and his wife,
Gaynelle Templin, of Minnesota.

Seeking a trade route, early explorers from the time of the Vikings searched
for an open, ice-free passage through Canada's far northern islands. Henry
Hudson and Captain James Cook failed to find it. The first to succeed was
Roald Amundsen in 1906. "Some people who were looking for it have never been
found again," Finley said. "It is sobering. The biggest danger is to be
frozen in and crushed by pack ice." On July 19, Finley, Parkman, and the
rest of the Cloud Nine crew began their attempt on the Arctic Grail from
Halifax in the Canadian province of Nova Scotia. – Jan Pehrson, Marin
Independent Journal, read on:

Some have compared sailing the O'pen BIC to free-riding on a snowboard or
skis..... Fast, exciting, easy, and quick set up. Freestyle? Crash 'N Burn?
That's part of the fun. Check it out at Less than 1% of skiers or
snowboarders ever compete. It's all about blasting around on modern gear
with your buds. Isn't it time our sport took action to boost junior
participation and offer inexpensive alternatives that are modern and cool?
For more information on Fleet Pricing, Dealer Inquiries, Industry Insider
Offers, or our June Mid-West Demo Tour contact
Bailing Is Cancelled!

* An obituary for Albert G. Van Metre, Sr., known in racing circles for his
Annapolis-based yacht, Running Tide, and his support of the Hospice Cup
Regatta that has raised $8 million, can be found at

* (March 6, 2008) In his attempt to be the first to establish a baseline
record for the Antarctica Cup, Fedor Konyukhov has noted extreme iceberg
presence as he closes to within 1,000 miles of Cape Horn in the South
Atlantic, which has forced the Antarctica Cup organisers to close a section
of the Racetrack for which competitors are to follow. Designed as the only
non-stop race event to remain in the Southern Hemisphere and to
circumnavigate Antarctica by passing the three most notorious capes on the
planet (Cape Leeuwin, Cape Horn, Cape Agulhuss). --

* Corona Del Mar, CA -- A powerhouse lineup of 40 boats is set for Balboa
Yacht Club's biennial race from Corona del Mar to Cabo San Lucas starting
March 28 and 29. The entries include Dennis Conner’s Farr 60, Stars &
Stripes and 13 boats that sailed the Transpacific Yacht Race to Hawaii last
summer, led by Overall Winner Tom Garnier’s J/125, Reinrag2 and Doug Baker’s
Magnitude 80, first overall in Division 1 on corrected handicap time, which
also last week set a new race record for the San Diego to Vallarta race. The
race is being conducted under PHRF, ORR and IRC handicap systems. --

* St. Maarten, N.A. (March 6, 2008) -- In staunch easterly winds of
25-knots, forty-seven boats in seven classes answered the call in the second
running of the Budget Marine Commodore’s Cup, the prelude to the 28th St.
Maarten Heineken Regatta, the annual three-day Caribbean sailing carnival
which begins Friday with a series of point-to-point races to Philipsburg.
The forecast calls for continued steady breeze. --

Some of the random photos from the sport received this week at Scuttlebutt
include a destroyed J/80, a record-breaking windsurfer, an iceberg filled
racetrack, some sweet silver, Bill Hardesty and his winning Etchells team, a
pretty sunrise off Cabo San Lucas, classic San Francisco settings, and kids
and adults battling in Naples Sabots . If you have images you would like to
share, send them to the Scuttlebutt editor. Here are this week’s photos:

Letters selected for publication must include the writer's name, and may be
edited for clarity or simplicity (letters shall be no longer than 250
words). You only get one letter per subject, so give it your best shot,
don't whine if others disagree, and save your bashing and personal attacks
for elsewhere. As an alternative, a more open environment for discussion is
available on the Scuttlebutt Forum.

-- Scuttlebutt Letters:
-- Scuttlebutt Forum:

* From Ian Duff: One option with which team racers are intimately familiar
and which is open to other sailors stuck in a difficult situation like
described in the Rules Quiz in ‘Butt 2545 and in Hank Evans letter "...get
into a box canyon from which a collision is the only exit..." is to simply
stop, or at least slow down, and no longer be trapped. What a concept. No
shouting, just taking responsibility for putting oneself in an untenable

Why does using stored energy to move canting keels not get the same
treatment as using stored energy for other purposes on a racing sailboat,
like motoring out to the starting line, or to trim sails? What's the
difference between running an engine to cant the keel or to spin the
propellor? Canting keels are an extraordinary development, and should be
encouraged, but the rules should be fair. Perhaps canters should be classed
by themselves, or for that matter, perhaps racing yachts that require the
use of stored energy should be grouped together.

* From Jos Spijkerman: Exceptions in RRS 19.2 only apply at marks. Because
the finish mark is also a committee boat in this scenario, this looks like
dangerous situation. However, leeward can see this coming.

If we want this to be a situation where the leeward boat can ask for room to
tack, we have to accept another exception to an exception in the rulebook.
It's complicated enough as it is, don't you think? Furthermore it is also
unnecessary, as leeward can shoot the mark, and windward is the keep clear
boat. Additionally, leeward is entitled to room under rule 18.2(a). She's
only not entitled to room to tack.

If the leeward boat crosses the line with her hull (or any other part of
equipment in normal position), she has finished; she doesn't have to clear
the line going forward, she can just as easily go back and clear the line
that way.

* From Peter Huston: To help sort out the mess at the weather mark (when
using a gate), why not have a downwind start, sail to a leeward gate, then
upwind. By the time the fleet gets to the weather mark, it will be
reasonably well sorted out.

* From Grant Wharington: (edited to the 250-word limit) After my ground
breaking 30 m canting keel yacht was launched in late 2003, complying with
the 10deg static heel rule that was in place at that time for racing in
Australia, we were clearly ahead of the IRC rule makers with this type of
boat as most regattas in 2004 we won line honours and overall IRC. At that
time we rated 1.610 tcc, however, after 4 years of incremental increases in
our handicap due to improved performance of newer boats of similar type, our
tcc is now 1.750! Our IRC wins today are few and far between.

Due to a similar small group of owners beating their drum in Australia, most
regattas are separating divisions based on size and canting or non-canting
boats. Fortunately the major trophy for the biggest race of the year - the
Rolex Sydney to Hobart race - is the boat with the lowest corrected time.
This has only once been won by a canting or water ballasted boat in
conditions that arguably should suit movable ballasted boats i.e stronger
winds with large reaching component.

The every dog has its day approach needs to be taken onboard by ALL owners.
Does anybody really think that it is possible to have a single number rating
system (which we all wanted due to the complexity of IMS) that will
accurately handicap windward/ leeward and offshore courses in 5 to 50 knots
of wind? Please be serious and not show your ignorance!

This is simply a rating issue; leave it up to those who administer the
rules. If anything we need less class separation and a greater focus on
overall winners so our sport is not fragmented ever further than it already

* From Jock (Jocko) Allpress: I was fortunate to sail with many great
sailors on "the black boat" - Running Tide - from 1972 to 1976 and I will
fondly remember Al for a long time in his tennis whites, hanging on to the

* From Paul Jacobs, Saunderstown, RI: Once and for earth year
contains 365.242375... days! Unfortunately this is an irrational number
(i.e. a number that CANNOT be expresses as the ratio of two integers) and
some people have a problem with irrational numbers. The Gregorian calendar
uses the rule that every year contains 365 days, then we add one "leap" day
every four years (365 + 1/4 = 365.25 days per year, which is closer), then
we do NOT add a leap year for every century (365 +1/4 - 0.01 = 365.24 days
per year, which is closer still), but we DO add a leap day every fourth
century perfectly divisible by 400 (365 + 1/4 - 1/100 +1/400 =
365.2425...which is closer still. Unfortunately, this is still "off" by
0.000125... days per year, or about one day in 8000 years. This does not
sound like much until you multiply 0.000125.. by 24 x 3600 = 86,400 seconds
per day and discover the error is about 10.8 seconds per year! Atomic clocks
can measure time, and GPS systems (and old celestial navigators!) require
time to accuracies MUCH better than this. – Much more, read on:

=> Curmudgeon’s Comment: Among Paul’s credentials is having taught
Scuttlebutt founder Tom Leweck how to navigate, and thus we will close the
Leap Year thread with Paul’s offering here, which is quite entertaining if
you click through to the rest of it. Feel free to add your comments to his
Forum post, and with Daylight Savings Time now upon us (see below), perhaps
this is an able segue to the next discussion of time and space.

The dates for when Daylight Savings Time begins are far from universal, and
depend solely on where you stand. For the bulk of the ‘buttheads – at least
for those in the US and most of Canada – it begins on the second Sunday in
March… which is this weekend. For those in Mexico, Bermuda, St. Johns,
Bahamas, Turks and Caicos, it is the first Sunday in April. For the European
Union, it’s the last Sunday in March. However, if you are in the Southern
Hemisphere, all this talk of when it begins is likely discouraging, as extra
daylight to the north means that colder months are coming soon to the south.

Every year, back comes Spring, with nasty little birds yapping their fool
heads off and the ground all mucked up with plants.

Special thanks to North U and O'pen BIC.

A complete list of preferred suppliers is at