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GUEST EDITORIAL: JOHN ROUSMANIERE
The crux of the debate over the America's Cup concerns one paragraph in the cup's basic rules, called the deed of gift because the document was handed over to the New York Yacht Club with the cup by the owners of the yacht America. The paragraph breaks down into four sections. The first two lay out the qualifications for a challenging yacht club. The third section defines the type of boat, and the fourth insists that this be a race between yacht clubs representing different countries and boats built in those countries. Throughout you see that the crucial actor is the yacht club, not an individual. This is a hard thing for individualists of the modern era to fully appreciate, but the key element is the yacht club, not the boat's owner or sailors.

The original deed of gift of 1852, drafted by George L. Schuyler of the New York Yacht Club (and one of the owners of the yacht America), said that the yacht club must be "organized." This means that the challenge cannot come from an individual but from an organization. A yacht club holds the cup, and a yacht club from another country challenges for the cup. Yacht clubs as we know them today were quite rare back then. Some clubs then were extensions of their commodores' personalities, others were nothing more than a yacht that the owner rented out to clients. But the New York Yacht Club was something very different. The club was more important than its members, and this was what the donors expected of America's Cup's qualifiers.

So "organized" sets a high standard. The challenger has to be an entity with a history, a structure, some continuity from year to year, a scheduled event, and the other elements that are commonly understood to be part of a true organization. The language saying that a yacht club must be "incorporated, patented, or licensed" was added in the second deed of gift in 1881, probably to give it legal precision. Still, there is room for disagreement, as today's dispute testifies. The Royal New Zealand Yacht Squadron (which has been racing for the cup for 20 years) is not "incorporated, patented, or licensed by the legislature, admiralty, or other executive department" — but it surely is organized and not operating at the whim of an individual.

The second qualifier in the first section of this paragraph is that the challenging yacht club (a) has to run an annual regatta that (b) takes place on salt water, either the ocean or "an arm of the sea," like a bay or a river estuary. The first, (a), is a screening test. If the club runs an annual regatta, it's an organized yacht club. If it does not have an annual regatta, it is not one, at least under the meaning of the deed. The deed does not say what size or type boats must be sailed in that regatta, only generally where the race must take place.

The "arm of the sea" provision was added in 1881 to keep away a stubborn Canadian challenger who came down to New York from fresh-water Lake Ontario. This sailor, named Cuthbert. challenged in 1876 from a yacht club in Toronto and did poorly. He then insisted on returning in 1881 with a new boat from a small club that he may have helped found, and he did poorly again. When Captain Cuthbert announced that he would challenge a third time in the same boat in 1882, George Schuyler (knowing that the New York Yacht Club would have to accept the challenge) amended the deed to discourage him from challenging. He added the "arm of the sea" provision, which did not apply to American lakes, and he also produced a new rule barring a losing boat from returning until two years had elapsed.

The main point was that this was to be an event for ocean-going yachts. This provision was expanded 20 years ago, making Lake Michigan "an arm of the sea" to allow a challenge from Chicago. That yacht club could have satisfied the original provision just as Alinghi has, by holding its annual regatta on salt water.

So this paragraph lays out the qualifications for a challenger. A challenge must come from an organized yacht club that holds an annual regatta that must be on salt water. It's that simple. It seems that the importance of these points may not have been fully grasped by the Alinghi group and the Spanish yacht club whose challenge they first accepted. Perhaps in their rush to reach a desired goal (which may be worthwhile), they were a little careless, even cavalier, in following the steps laid out in the deed of gift. So it is that on Monday, a judge and a great many high-priced lawyers will gather in a New York courtroom to argue about the meaning of Schuyler's clear words.

* Editor: John noted that he is not advising either side on this conflict.

FUXIA CHALLENGE DELAYS ANNOUNCEMENT OF YACHT CLUB PARTNER
The board of "Fuxia Challenge", the planned Italian all female team for the America's Cup, which was announced in May, (See earlier BYM News story) has said it has decided to delay the announcement of its official yacht club partner, which had been scheduled for October 30. The decision is linked to ACM statements, regarding the new rules, and doubts about the 2009 date for the competition.

Alberto Morici, who is in charge of operations at Fuxia Challenge is quoted as saying. "With due respect to the sponsors we are negotiating with, we have decided to wait for the verdict of the New York Supreme Court. At the moment, we have in mind a certain budget, but going from 2009 to 2010 would necessarily result in a rise in costs. For reason of soundness and transparency, we have had to share the uncertainty with all our prospective partners as we don't want to look foolish, nor come to the end of the competition with poor liquid assets. The basis of the endeavour is linked to strict business logics; this is our way of doing things and the way we want to behave throughout this edition of the America's Cup and the following one. To date, we have honoured all our commitments and we are communicating much more than other teams already enrolled to the next edition. Fuxia Challenge is a brand already and there are several companies, in different areas that are making bids to exploit this in different ways. This confirms the excellence of the project and the interest in it is increasing day by day. The following weeks and AC Management's announcements regarding the date of the competition are going to be decisive."

Fuxia says that it will not now meet with yacht clubs that have expressed an interest until after the Court hearing, on October 22, but will do so in the following week, in the form of a summit. It then expects to make an announcement within a month.

Fuxia now says that it is a London based challenge.

BYM News: www.bymnews.com/news/newsDetails.php?id=16715

EARLS COURT: PUTTING THE 'SHOW' BACK INTO BOAT SHOW
From 1-9 December, the revamped Earls Court opens its doors to sailors, Christmas shoppers and show-goers visiting London. There's music and fashion shows, Riva, a spa for the footsore, the original special events Guinness bar, the National Maritime Museum's Hall of Fame, dozens of drams from the Whyte & Mackay family, acres of chandlery and boats! From a 'boat in a bag' to Gipsy Moth IV, a display of yachts on the pool and headline musical entertainment! The all-new Whyte & Mackay Earls Court Boat Show: you can't beat boating in the heart of London!

www.earlscourtboatshow.com

CLIPPER 07-08: DURBAN 2010 AND BEYOND WINS RACE 2 INTO SALVADOR
Salvador, Bahia: Durban 2010 and Beyond has won the second race of the Clipper 07-08 Round the World Yacht Race from La Rochelle to Salvador da Bahia. Crossing the finish line at 15:45 UTC the South African team has gained the maximum ten points by winning the first ocean crossing of the Clipper 07-08 Race. The result has moved them to the top of the overall leader board from their fifth place position at the end of Race 1.

Originally sixth across start line in La Rochelle on 23 September and ninth heading out into the Bay of Biscay at the start of Race 2, Durban 2010 and Beyond has demonstrated that ocean racing is about long term planning and tactics and not short term gains.

During the first of the three transatlantic crossings of the Clipper 07-08 Race Durban 2010 and Beyond has faced the wrath of gale force winds in the Bay of Biscay and the frustrations of no wind in the Doldrums. It was the team's tactical decision to stay west of the Canary Islands that enabled the South Africans to move to the head of the fleet when the lead boats chose to cut through the islands and sailed into a wind hole.

* Scotland with style Clipper crossed the finish line at 2015 local time (2315 GMT) on Tuesday to take second place in Race 2 of the Clipper 07-08 Round the World Yacht Race from La Rochelle to Salvador, Brazil. Having taken advantage of Nova Scotia's tack away from the Bahian coast yesterday the Scottish team managed to overtake the Canadians and in doing so achieved their second podium position of Clipper 07-08. The nine points they have gained by coming second brings Glasgow: Scotland with style Clipper's overall total to 13, making them joint leaders with Durban: 2010 and Beyond, who won into Salvador earlier today when they crossed the finish line at 1245 local time (1545 GMT).

* With the podium positions settled and the top three boats, Durban 2010 and Beyond, Glasgow: Scotland with style and Nova Scotia all moored up at the Terminal Maritimo da Bahia in Salvador, the battles on the water remain intense as each boat aims to get the maximum points left up for grabs to ensure a higher position on the overall leader board.

The finish in Liverpool, European Capital of Culture in 2008, seems a long way away but even one extra point gained now can mean the difference between a final podium position. This is most evident with New York who a few days ago were over a hundred miles behind but now they have successfully hunted down Jamaica and look like they are on the chase for Qingdao who at 0600 GMT this morning were only 16 miles ahead of Jerry Crew and his team.

On 24 October the fleet will depart from Salvador for Race 3 to Durban where the pressure will be on Durban 2010 and Beyond to win into their home port.

www.clipperroundtheworld.com

* Photos of the finish in Bahia in the Eurobutt Gallery: www.scuttlebutteurope.com/component/option,com_wrapper/Itemid,30/

BIG WIND AND BIG WAVE SHAKEDOWN
Malta has been famed for demonstrable acts of bravery over the centuries and none more so than when she is under siege. Whilst the aggressor today was only the wind, gusting up to 45 knots, there was a definite sense on the bridge of the Royal Malta Yacht Club this morning that the competitors in today's coastal race forerunner to the Rolex Middle Sea Race were under assault. In keeping with the bravery exhibited by this island in the past, five yachts chose not to be put off by the conditions and to take on the sea and wind.

Principal Race Officer David Farrugia made it clear at the beginning of the week that, despite the prevailing strong winds, if the situation permitted he would hold the scheduled coastal races for anyone keen enough to test themselves and their boat. No race was held yesterday, because of a standing wave blockading the entrance to Marsamxett Harbour. Today was still windy, but without the potentially treacherous wave. The course took the yachts from the start line off the RMYC westwards along the northern coast of Malta around Comino, the small island that lies between the 'mainland' and Gozo, and then back to finish off the Royal Malta Yacht Club.

The five sailors were Amindzhanov Temur's Nord Star and Oleg Evdokimenko's Vikesha both from Russia, local Maltese legend Arthur Podesta with Elusive Medbank, Felix Scheder-Biechin's Vineta from Germany and Sven Niklaus' Tai Shan from Switzerland.Vineta was first home whilst Elusive won on handicap - first blood to the local boats in advance of the Rolex Middle Sea Race which starts from Marsamxett Harbour, Malta, on Saturday 20th.

www.rolexmiddlesearace.com

COMPLETE FREIGHT REGATTA SUPPORT
Complete Freight continues to help the Open 60's and 40's with the run up to the forthcoming TJV and Barcelona race. Complete Freight has become an essential pre-regatta partner for many teams organizing transport solutions for all types of cargo. Teams can draw on a depth of knowledge in all areas of transport, from airfreight, urgent spares, customs and transport of containers to the start line of events. Working with Logistics Support in Brazil Complete Freight is also organizing the return shipping to Northern Europe of many of the competitors of the TJV. For further information contact Complete Freight on This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

www.completefreight.com

BRIAN THOMPSON AND WILL OXLEY COMPLETE TJV QUALIFIER ABOARD PINDAR
Brian Thompson and Will Oxley, co-skippers of new state-of-the-art Open 60 Pindar last night completed their 1000 mile qualifying sail for the Transat Jacques Vabre race. The team is now making last minute preparations before delivering the boat to Le Havre, for the start of the double-handed transatlantic yacht race, which begins on Saturday 3rd November.

Thompson, who was recently appointed full time skipper, and Oxley, his co-skipper for the transatlantic race, will be competing aboard Pindar, owned by British print and electronic media company Pindar; prolific supporters of British sailing. The team, which was announced last month, began its qualifying sail from Gosport, the Team Pindar base, early on Thursday morning. The duo sailed southwest to round Ushant island, on the northwest tip of France and then continued south to the Spanish coast, before returning to the Solent via Ushant.

The 2007 Transat Jacques Vabre is Open 60 Pindar's debut offshore race. Team Pindar also has a second entry in the race, Pindar 40, skippered by Jo Royle and Alexia Barrier, the only all-female entry in the Class 40 fleet. The race starts on the 3rd November from Le Havre, France, and finishes in Salvador de Bahia, Brazil, approximately two weeks later.

www.pindar.com/teampindar

VOLVO MUSTO OPTIMIST END OF SEASON CHAMPIONSHIPS
The 300 young Optimist sailors at the Volvo Musto Optimist End of Season Championships had a tricky two days on the water. This Championship is the last selection event of the year for the sailors, so it's the final opportunity for them to shine.

The Volvo Musto Inland, National and End of Seasons Championships are all ranking events used to help in the selection of the top Optimist sailors, who form the National Squad for Great Britain. These sailors represent the UK at International events such as the Optimist Worlds, the Europeans Championships and the French Nationals.

The End of Season Championships also counts in the selection process for the Intermediate, Development and Zone Optimist squads. These squads, supported by the RYA, provide the sailors with expert training during the winter months.

Over the two day event held at Weymouth & Portland National Sailing Academy, the Main fleet of 243 sailors had five races in the light and shifty conditions experienced inside Portland Harbour. Dutch Optimist sailor Jolbert Van Dijk won the event with four first places and dropped his only bad result of a 27th place. Th

Callum Ellis (14) from Burghfield Sailing Club, Reading, Berkshire was the first Brit in second place, only seven points behind the Dutch sailor. "I had a great time here and surprised myself with my performance, so I am very happy at the end of this year of racing."

It was visiting sailor Guillaume Pirouelle, one of the 17 strong French contingent, who took third place pushing second Brit David Grant (13) from Restronguet Sailing Club, in Cornwall into fourth position. Fifth position went to Ben Robinson (14) from West Kirby Yacht Club, followed by Tim Gratton (13) in sixth, first girl Annabel Vose (13) in seventh and Tom Britz (13) eighth all with equal points of 22. Other highest placed visitors included Sam Vandormael (14) a sailor from Belgium in 19th place, Alexander Rumball(13) from Ireland in 24th place and a team from Guernsey led by Zoe Parkinson (13) in 64th.

The young sailors were joined on Sunday afternoon, by Team Volvo for life member Paul Goodison. Paul, has recently been recommended by the RYA to the British Olympic Association to compete at the 2008 Olympic Games. Goodison met the sailors as they came back in from racing, answering their questions about his Olympic experiences, staying for the awards ceremony to present the prizes to the top sailors. The surprise guest of the afternoon was double gold medallist and Team Volvo for life member, Ben Ainslie, who popped down to the academy to sail his single-handed dinghy, the Finn. He also met the Optimist sailors and signed many a buoyancy aid and rash vest.

Goodison commented, "It is great to see so many kids getting into sailing at such a young age and learning to race well. They are all so enthusiastic and some seem to take it very seriously. We are probably watching future Olympians sailing here in these fleets." -- Sophie Luther

www.optimistsailing.org.uk

60' MONOHULL IMOCA CLASS RECRUITS A TECHNICAL MANAGER
As part of her ongoing development, the IMOCA class association is looking to recruit a technical manager to reinforce its existing team.

Under the responsibility of the executive Director, the technical manager will assist the chief measurer in the daily technical tasks of the class. Amongst these tasks will be editing the rule texts in both French and English. Establishing regular contacts with IMOCA teams and applying on site measurement controls onboard IMOCA boats.

The candidate must have very good technical maritime knowledge and ideally benefits from some offshore racing experience. He/She must have a very good level of technical French and English (spoken/written).

The Job will be based in Brittany, France and will include regular travel in France and abroad, including on departures and arrivals of IMOCA races.

In order to apply, candidates must send a curriculum Vitae stating their motivation, availability and financial expectations to IMOCA class at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

LETTERS TO THE EDITOR - This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Letters are limited to 350 words. No personal attacks are permitted. We do require your name but your email address will not be published without your permission.

* From Rob Martin, re: oldest sailor: By coincidence I came across this in our local sailing mag Oct 2007

Fritz von Klemperer: Turning 90, sails actively, racing his Hunter on Midmar dam in Natal South Africa,he holds a Guinness Book Of Records weight lifting record for his age at 75, attends gym and attempted another world record at 80 years of age but has not been recognized as he did not have suitably qualified judges.

This old gentleman looks very sprightly and makes youngsters like me at 62 look a bit jaded, he is not the oldest sailor in the World but he appears to be one of the fittest!

FEATURED BROKERAGE
1990 Dehler 36, 54,950 GBP, lying Southampton UK.

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Complete listing details and seller contact information at www.yachtsandcruisers.com/boat/Dehler/17783/

THE LAST WORD
I find television very educating. Every time somebody turns on the set, I go into the other room and read a book. -- Groucho Marx

OC Events, www.ocevents.org , organisers of two major IMOCA 60 oceanic events, the new double-handed Barcelona World Race 2007, and the original solo transocean race, The Transat 2008 (ex-OSTAR) plus the Extreme 40 Sailing Series for The iShares Cup.

www.YachtsandCruisers.com the new place to buy and sell prestige boats, the website has been designed to showcase high-end boats. People looking to buy prestige boats will be able to easily navigate their way around the site quickly. The portfolio of thousands of boats can be viewed by category, make, location and price. Alternatively the 'Advanced Search' facility will benefit those buyers who have a specific boat in mind.

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