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SCUTTLEBUTT 2612 – June 6, 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.

Despite efforts to simplify the Racing Rules of Sailing, it still remains an
intimidating book. Can more be done? Glenn McCarthy thinks so, or at least
believes the rules pertaining to starting line penalties can be refined.
Glenn’s work with US SAILING and the Lake Michigan Sail Racing Federation
have kept him close to the sport, and here he provides the ‘buttheads with a
closed book rule quiz, with the questions pertaining to the use of the
following starting flags:

1) The X-Flag "Individual Recall"
Part A - Does it involve being over: just the starting line; over the
starting line or the extensions of the starting line; or, the triangle of
the starting line and the first mark?
Part B - Does it apply: at the start gun; or, beginning 1 minute before the

2) The I-Flag "Round-an-end rule"
Part A - Does it involve being over: just the starting line; over the
starting line or the extensions of the starting line; or, the triangle of
the starting line and the first mark?
Part B - Does it apply: at the start gun; or, beginning 1 minute before the

3) The Z-Flag, "20% Penalty Rule"
Part A - Does it involve being over: just the starting line; over the
starting line or the extensions of the starting line; or, the triangle of
the starting line and the first mark?
Part B - Does it apply: at the start gun; or, beginning 1 minute before the

4) The Black Flag Rule, "Death rule"
Part A - Does it involve being over: just the starting line; over the
starting line or the extensions of the starting line; or, the triangle of
the starting line and the first mark?
Part B - Does it apply: at the start gun; or, beginning 1 minute before the

Quiz answers:

The terms of the next America's Cup were again in the hands of a U.S. court
on Thursday after lawyers for defender Alinghi and challenger BMW Oracle
argued before a five-judge appeals panel at the New York State Supreme
Court. At issue was whether BMW Oracle was a valid challenger of record and
decision for the America's Cup to be held in March 2009. Once again,
Scuttlebutt legal analyst Cory Friedman provides his commentary on the day:

* (June 5, 2008) Barry Ostrager, Societe Nautique de Geneve’s (SNG) lead
counsel from Simpson Thacher & Bartlett, has been on a bit of a roll lately.
That roll may have ended in the Appellate Division, First Department, of the
Supreme Court of the State of New York this afternoon. Although occasionally
dramatic, oral argument is almost always overrated and often deceptive.
Appeals are decided on the briefs and, unless a lawyer does something
incredibly dumb, oral argument seldom makes any difference. Judges hearing a
long calendar may not even remember what lawyers say.

A prima donna on the bench can ask difficult questions just to show off or
battle with another member of the panel. Occasionally, judges will hammer a
lawyer because they know they have to rule in the lawyer’s favor, despite
their contrary personal feelings about the case. Sometimes, however, a panel
will hammer a lawyer because it just does not like his or her position. The
judge’s body language and tone is usually the tip off. That is what it
looked like for Barry Ostrager’s time at the podium. He was hammered. It was
not friendly. -- Read on:

Marseille, France (June 4, 2008) It is the format for the six events that
comprise the 2008 Audi MedCup Circuit to include a schedule of
windward/leeward courses of 4 to 18 miles with one coastal race with a
distance between 30 to 50 miles. For the City of Marseille Trophy regatta,
today was the coastal race, with the course including a mid-finish line
where the positions are recorded as a single race score, and a final finish
line which provide each boat with a second race score for the day. Despite
the longer legs in the race, the story for the third day of the event was to
avoid collisions and catastrophes, of which there were many.

An initial weather leg ended badly for Matador (ARG), CxG Caixa Galicia
(ESP) and Mutua Madrileña (CHI) which all sustained damage and had to retire
following several incidents at the first weather mark. The next to incur
significant disadvantage was the Terry Hutchinson-driven Quantum team, which
was dealt with two blown kites on the long run, forcing them to sail most of
the downwind leg with a small kite. While Platoon powered by Team Germany,
steered by triple Olympic gold medallist and double America"s Cup Winner
Jochen Schuemann (GER) emerged unscathed from a dramatic and exciting
coastal race to take the best of the points available, winning both sections
of the race, it was the continued charge of the Reichel/Pugh-designed
sisterships, USA-17 and Artemis, that punched their way to the front of the
fleet, both earning a second and a third to remain on top of the
leaderboard. Inshore races on Friday and Saturday will conclude the event.
-- Complete report:

Provisional Results (top 10 of 14)
1. USA-17 (6, 5, 1, 1, 3, 3, 2 - 21)
2. Artemis, SWE (12, 1, 2, 2, 3, 2, 3 - 25)
3. Bribón, ESP (4, 4, 4, 5, 5, 4, 5 - 31)
4. Platoon by Team Germany, GER (7, 9, 5, 3, 6, 1, 1 - 32)
5. Matador, ARG (2, 2, 7, 7, 12, 6, 6 - 42)
6. Quantum Racing, USA (3, 6, 12, 6, 1, 10, 7 - 45)
7. El Desafío, ESP (11, 10, 9, 8, 8, 5, 4 - 55)
8. Audi by Q8, ITA (8, 7, 8, 13, 9, 6, 8 - 59)
9. Mean Machine, MON (1, 14, 3, 9, 4, 15, 15 - 61)
10. CxG Caixa Galicia, ESP (9, 11, 6, 4, 2, 15, 15 - 62)
Complete results:

Melges Performance Sailboats are spreading worldwide and we see solid
evidence of this with 100+ boats racing in the Melges 24 World Championship.
One of the secrets to success is the venues that the Melges boats race in.
The Melges 24 circuit goes worldwide featuring spectacular venues, and so
does the Melges 32. Regatta participation is growing. The Melges 20 will
feature the same type of sailing. Race to

by David Hagler US Sailing Judge, Crownsville, MD
In Issue 2611, the article regarding the MedCup made the following
statement: "For the second race, Artemis turned in another steady score of
third, but it was starting line confusion for USA-17 that would result in a
protest against the race committee." As a widely read newsletter for racing
sailors, I wanted to correct the specific statement: "protest against the
race committee". This is an incorrect statement and is uttered by racing
sailors much more often than should be the case.

A boat may only protest another or request redress. In the case of a sailor
not protesting another boat, they are by default requesting redress. (Please
see RRS 60.1). It is too common to hear competitors claim they are going to
'protest the race committee'. In short - it is not possible to protest the
race committee. (However, it is possible to protest another boat if the R/C
is on that boat, though the protest would be against the boat and not the
R/C, but that is another issue altogether.)

In an effort to raise awareness, I am requesting that in the future you make
a more accurate statement when a competitor seeks redress from the race
committee as is the case in OCS or other situations that involve the race

=> Curmudgeon’s Comment: Our bad. The daily MedCup report was distributed to
us Wednesday prior to the facts of the case being known and the jury’s
ruling. When we saw that USA-17 received a redress award, we called France
and got the information, but in our effort to write an updated report we
deservedly earned a red flag from Judge Hagler. Penalty acknowledged - turns

Porto Cervo, Italy (June 5, 2008) - What a difference a day makes, as the
114 competitors from 16 nations found out on the fifth day of the Volvo
Melges 24 World Championship. With the fleet now split into Gold and Silver
groups, the Race Committee was able to run races seven through nine on both
courses. The skies were somewhat overcast but there was a great sailing wind
from the north west that varied in strength from the low teens up to high
20s for brief periods. The weather challenges combined with the strength of
this fleet made for a real “snakes and ladders” day as the overall results

Only two boats came out of the day with three top ten scores – Nicola Celon,
sailing ITA638 Marchingenio for Giorgio Marchi who scored 3, 8, 6, and Luca
Bursic, sailing ITA730 Etabeta for Paolo Testolin, who scored 5, 4, 5. As a
result they have moved into fifth and seventh place respectively. In the
overall standings Lorenzo Bressani, helming Lorenzo Santini’s ITA757 Uka Uka
Racing, has taken the lead. His day opened with a mediocre 14th, but he made
up for this by following it with two wins and now counts 24 points and is
holding an eight point lead with three races remaining on Friday. -- Event

CALENDAR OF MAJOR EVENTS (Sponsored by West Marine)
Here are a few of the events that are coming up:
June 6-8 - Beneteau 36.7 Great Lakes Championship - Vermilion, OH, USA
June 6 - Regata de Amigos - Galveston to Veracruz, MEX - Seabrook, TX, USA
June 7 - Delta Ditch Run - Richmond, CA, USA
View all the events at

* The J/24 Class celebrates its 30th Anniversary year with the World
Championship event in the Gulf of Arzachena, Cannigione, Sardinia, off the
coast of Italy. Seventy-six teams from 16 countries will be competing from
Monday, June 9th through Friday, June 13th, with two-time defending World
Champion Maurico Santa Cruz (BRA) seeking his third title, a feat only
accomplished by 6-time champ Ken Read (USA). Representing North America are
Pete Ramsdale (BER), Trevor Boyce (BER), Pablo Carvajal (MEX), Jorge Xavier
Murrieta (MEX), Mike Ingham (USA), Mark Hillman (USA), Sonny Gibson (USA),
and Keith Whittemore (USA). --

Brian Kelly, 53, longtime Long Island sailor and sailmaker died Tuesday
morning, June 3, 2008 after a courageous battle with cancer. Brian, who grew
up on the Sound, has been involved in sailing his whole life. He spent many
years with the Doyle Sails group, before opening his Port Washington, NY
Quantum Sails loft 10 years ago. Brian was never happier than when he was
sailing, and his love for the sport came across in almost every conversation
he had. Brian had participated in all of the major sailing events on the
East Coast and the Caribbean, and for those who were fortunate to have known
Brian, saw him as a good man with a good heart. He will be truly missed.

Services are this weekend, with visitation hours on Friday, June 6th on
2-4pm and 7-9pm at the Whitting Funeral Home, 300 Glen Cove Ave., Glen Head,
NY, 11545. Brian’s funeral service will be 10am Saturday, June 7th at Christ
Church, Oyster Bay, NY, with interment at St. Patrick's Cemetery, Old
Brookville, NY. Contributions may be made to Cancer Care, 20 Cross Ways Park
North, Woodbury, NY, 11797.

What do you get by attending thousands of regattas and having countless
support boats on the water? Twenty years of commitment to the sport. Just
like last year, this summer finds a record number of junior sailors being
coached from a RIBCRAFT RIB, thousands of marks will set from a RIBCRAFT
RIB, and tens of thousands of races will be watched from a RIBCRAFT RIB.
Providing the optimal platform for setting marks, coaching, or just watching
races, RIBCRAFT is at the center of every great sailing community.

Some of the random photos from the sport received this week at Scuttlebutt
include TP 52 collisions in the Med, a rooftop Yngling, the 100-foot super
maxi ICAP Leopard setting a new transatlantic mark for a monohull yacht with
power-assisted winches, the new 69-foot Reichel/Pugh Bella Mente tuning up
in Newport, RI, Boston College taking a celebratory splash after the Team
Race Nationals win, launching the new Open 60’ “DCNS” for French Skipper
Marc Thiercelin, a severely marked up boat with sponsor logos, and a slide
show of really sweet images of Volvo Ocean Race entry Ericsson two boat
testing in Lanzarote, Canary Islands.

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 Lee Morrison: It’s great to see US Sailing and Dave Perry put the
Appeals Book on-line (Scuttlebutt 2610). Utilizing technology (in this case,
the internet) to benefit members is a great way to provide value and
encourage membership. How about taking it one step further? The UK-Halsey
sailmakers “Sailing Rules Quiz” is a great on-line
( tool allowing visualization of
how the rules work. I, for one, would appreciate seeing at least some of the
Appeals (as applicable for Part 2 interpretations) animated and would find
it more enticing to study than reading text.

* From Butch Ulmer: (re, story in #2610) New Rule 18 isn't the only rule
change coming in 2009, and despite the good intentions of the rule writers,
I think the pace of these changes is confusing a lot of sailors and may be
doing more harm than good.

UK-Halsey developed our animated rules quizzes to help people understand the
rules and I often spend an hour or two at yacht clubs discussing the
situations portrayed in these quizzes. In the course of an evening, I hear
terms like "mast abeam", "overtaking boat" and "room & opportunity" all the
time while the "two-length zone" is just now starting to become part of the
average sailor's lexicon. In seven months time, the "two-length zone" is
scheduled to join "mast abeam" in racing rule history.

I think that the average sailor takes longer to get familiar with the rules
than is commonly thought and in my opinion, that time frame is considerably
longer than four years. Also, I think that a race conducted under rules that
more contestants understand will be better than one conducted under improved
rules that few contestants understand.

I suggest that we extend the time between rule changes to six and perhaps
even eight years and that doing so will bear fruit on the race course.

* From Amy Smith Linton, Tampa, FL: (re, warning signals to alert marine
life of an approaching fast sailboat) It seems like a good idea at first,
though I wonder if it's not like trying to hold back the tide. What I mean
is that there's just a certain amount of random stuff in the world. Like
nature. A woman on the beach over here recently got jabbed in the face by a
pelican as it dove into the water. A 3-foot leopard ray jumped into the path
of a speeding boat and lambasted one of the passengers. A buddy of mine had
the tip of his toe bit off by a kingfish. Random nature encounters. We could
take simple precautions to ensure that it never happens again, but imagine
the collateral cost.
For instance, why not make a sort of nautical deer-whistler for our boats?
We'd have to consider the trade-off of the number of collisions against the
increased undersea racket. Sonar has been implicated in marine mammal
strandings, so imagine what a fleet of boats armed with underwater warning
devices might do. Ah my aching head! Would it compare with the rude drone of
jet-skis, the hum of a sodium streetlight, or the rumble of a power-plant?
And all to help prevent the one-in-a-million chance of a bad collision with
a frolicking or basking sea-creature.

Maybe we should work on a detection-and-avoidance technology to help steer
around basking sea-life instead? What kooky pie-in-the-sky talk! Darned old
wildlife should stay out of OUR way, even though we are traveling offshore
at a good clip in fiberglass. Regardless the innovations and precautions,
even that infinitesimal chance of colliding with a flying sea-lion makes me
more interested in going sailing. Think what a story it would be...

* From Craig Dymock: (re, story in #2611 about transatlantic record)
Bah-Humbug! And a Merry Christmas to you Mr Scrooge! Is Elaine Bunting the
ultimate killjoy? If a very wealthy individual wants to sail his extremely
fast and beautiful boat across the Atlantic to break some ancient record,
what does it matter that he needs to run his engine to power his winches? A
boat that size would probably be running a generator 24/7 anyway. If a
record is there to be broken, why not try and break it? It might not be the
greenest or fastest record, but do we always have to pour cold water on
anyone who has a go? Well done Mike Slade and his crew!!

* From Richard Goldsmith: Elaine you fell for it. The engine is run to power
the DVD player and recharge the Ipod’s. Then there’s staying connected to
the satellite for the Blogs and keeping up the face book entry’s, Googling
“Gulf Stream” and such when off watch. Oh and occasionally a winch. Congrats
to Sherlock, Stanbridge, Thomas, Monson, Clouds and the boys.

Elaine you should congratulate Mike Slade on coming up with a novel way of
going carbon neutral ..ish saving CO2 on shipping and airfares for boat and
crew. He took the “greener option”, less carbon emissions all round.
(subject to the number of blown sails) very well done guys. I know Chris
would be smiling up above.

A lawyer is a person who writes a 10,000 word document and calls it a

Special thanks to Melges Performance Sailboats and Ribcraft RIBs.

A complete list of preferred suppliers is at