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IT'S COME TO THIS...
New York, 20 October 2007 - Negotiations to resolve the next America's Cup protocol ended today after the defender, Alinghi, rejected a resolution proposed by the Golden Gate Yacht Club. Alinghi also made it clear they would not disclose the new rule governing the size and design of the boats to be used in the next event.

"GGYC is very disappointed by this outcome," spokesman Tom Ehman said. "On Wednesday we forwarded a settlement proposal to the defender. On Thursday the current challengers confirmed in a letter to Alinghi that they supported our proposal in principle and that a settlement was, to use their words, 'incredibly close.'

"The other challengers have been very helpful the past few days. We appreciate their support. They, too, clearly felt we had a good basis for an agreement."

"This is a simple question of transparency. But the defender has refused this. And in their latest letter, rejecting our offer, they have simply ignored our most recent request. In this light it lacks credibility for them to blame anyone other than themselves for the ongoing delay and any decision to postpone the next event."

Ehman said the American club had repeatedly asked to see the rule. This had been denied without explanation, other than an indication from the challengers that Alinghi head Ernesto Bertarelli was personally opposed to it.

"We cannot understand why the defender insists it will only disclose the rule after we have committed to the next event. This amounts to asking us to buy the rule sight-unseen, which no one in our position would find acceptable.

"In previous America's Cups the design and other rules have always been agreed by mutual consent well in advance of the event, not dictated by the defender."

"It's quite simple," Ehman said. "Show us the rule and we can get this fixed. But unfortunately all we are getting back is legalistic correspondence that dodges this central point and seeks to shift responsibility.

"Three weeks ago we began to suspect the defender was not serious about settling this when GGYC offered a list of ten prominent people as possible mediators. The defender rejected all, and declined to forward any others - thus ending any possibility of mediation as had been suggested by New York Supreme Court Justice Herman Cahn.

"For several weeks now the defender has been talking about delaying the event. We and the five current challengers remain firm in our belief that the event could and should take place in Valencia in 2009.

"Alinghi's letter today now makes it perfectly clear to all that Alinghi - not GGYC or the other challengers - has kept this matter in court, with the resulting inevitable uncertainty and delay," Ehman said.

For more information please see visit the GGYC website: www.ggyc.com

And Alinghi responds:

Valencia 21 October: Over the past few months Alinghi, Defender of the 33rd America's Cup, has been engaged in dialogue with BMW Oracle Racing (BOR) at various levels in an attempt to find a solution to the law suit filed by the Golden Gate Yacht Club (GGYC) against the Societe Nautique de Genève (SNG). BMW Oracle, through Russell Coutts, has repeatedly shifted the discussion frame by adding new demands each time Alinghi moved to resolve the issues raised. Nonetheless, the last communication to BOR from Alinghi before their press release was an invitation to a private meeting in New York before the hearing to try and resolve the issue once and for all. This morning they confirmed their attendance at this meeting.

The Societe Nautique de Genève (SNG) and Alinghi have done much to try to convince BOR to drop their law suit; the SNG instigated a Protocol review with the entered Challengers and, with the Challenger of Record, Club Náutico Espanol de Vela, agreed a number of amendments to satisfy the GGYC and BMW Oracle's claims. At this point, Russell Coutts requested via the Challengers group, reassurance that Alinghi would not have a head start in designing their new boat and advised at least two challengers BOR would settle if Alinghi could prove it did not have a design advantage.

Alinghi responded by asking the entered Challengers to set the displacement, a fundamental parametre, for the new class. The Challengers did so, and were satisfied that this would negate any design head start. For BOR it still was not enough and they then wanted to analyse the displacement parametre in light of the full rules, not trusting the Challenger's designers, who confirmed the parametre was crucial enough to provide the expected guarantees.

To the dismay of Alinghi and the Challengers, BOR, through Russell, sent a letter on 18th October to Alinghi with a further nine issues to be satisfied, including new points not previously raised. Several of these were completely against the fundamentals of the programme agreed by all legitimately entered Challengers and the cost cutting strategy presiding over the 33rd America's Cup.

With regard to the rules disclosure, Grant Simmer, Alinghi design team coordinator, says: "Alinghi is working with the Challengers to develop the new class rule. This was started on the 15 September and the Challengers have stated that they are happy with this process. There are several key issues still being debated but we are working towards issuing the rule on 31 October. If BOR chooses to enter they will be welcomed into this process."

Brad Butterworth, Alinghi team skipper, adds his positive comments on the situation: "We are driven by the vision to create a bigger and better event for everyone in 2009 with new boats but reduced costs and increased competition. Some may say we were too ambitious but since then we have undertaken a raft of measures to try and find a solution to this issue. We have consulted on the design of the new class, we have amended the Protocol and we have allowed the challengers to pick the displacement of the boat, as we were led to believe this was the last remaining issue for BMW Oracle. Despite not yet having issued the new class rule, they know a lot about the concept, plus they had the chance to agree the displacement. I firmly believe that there is still time left to agree a solution with BMW Oracle and for them to drop their law suit and join the other Challengers to help us make this an even greater event than the last. The last communication that we sent to them before their press release of last night was an invitation to a private meeting in New York on Monday morning before the hearing to have one last go at finding an agreement, something we still hope to do for the better of the event, the challengers and us."

COURSE RECORD UNDER THREAT AS SMALL YACHTS SEEK SHELTER
The 28th Rolex Middle Sea Race looked to be mirroring almost exactly its British cousin, the Rolex Fastnet, as retirement after retirement is phoned into the Royal Malta Yacht Club Race Control, whilst the front-runner makes record-breaking progress towards the finish. After a relatively benign start yesterday, the trouble began as yachts began to reach to the Sicilian coast. At 1600 today some twenty-two yachts had retired including four of the big ones - Titan 12 (USA), Valkyrie (CAN), Whisper (IRL) and Ourdream (GBR) - leaving thirty-five still racing.

Race leader Rambler (USA) has been eating up the miles over the 24-hours since reaching Capo Passero shortly after 1700 on Saturday evening. George David's 90-foot supermaxi with Ken Read as skipper belied her name and strode up the eastern seaboard of Sicily, springing out of the Strait of Messina at 0100 on Sunday morning. Rounding Stromboli at 0435, she has made reasonable progress across the top of Sicily and was just north of Favignana at 1600, making 19-knots. The forecast frontal system looks set to blow the big white supermaxi home at speed with winds from the northwest topping out at 40-45-knots. There is the probability of a confused sea state that may slow her up a little, but short of gear failure or breakage she could reach the finish at around 0900 on Monday. If so she would have smashed the existing course record. But she needs to finish before such predictions become meaningful.

The smaller, slower yachts encountered very difficult conditions as they made their way up Sicily towards the Strait of Messina. Sonke Stein, owner of the Ker 11.3 Kerisma, packed it in at around 0300 on Sunday morning, "basically we were not having fun anymore. We looked at each other and said let's head for port. We're currently nicely tied up in Syracuse, along with a number of others, and are enjoying a good fish lunch." Kerisma did not encounter really tough winds, but found the sea state and visibility the biggest problem, "we're a very light boat and even though the winds were about 25-knots it was the confused seas and rain that really hurt us. The seas were very difficult and heavier boats were probably at an advantage. Big waves from nowhere would stop us completely. We hit some serious walls,! had problems with lobster pots and could not slow ourselves down enough." Stein was quite sure their decision was one of prudent seamanship, "we're not a professionally crewed maxi and there is no need for us to fall into believing we should continue running after them. We had decided before setting out that we would keep reviewing whether to continue or not. We made a good seaman-like decision."

Robert McNeill's Zephyrus IV established the current Course Record of 64 hours 49 minutes and 57 seconds in 2000. In order to beat this record the first boat must be home by about 0400 on Tuesday 23rd October.

www.rolexmiddlesearace.com

MALTA'S GRAND HARBOUR MARINA TO HOST MIDDLE SEA RACE FLEET
Grand Harbour Marina is to host the fleet ahead of the Middle Sea Race run by the Royal Malta Yacht Club in association with the RORC, starting on 20th October.

This Camper & Nicholsons marina provides top class facilities and berthing for vessels up to 100m. and is just 15 minutes from an international airport, providing private jet facilities.

The beautiful island of Malta has a mild winter climate and provides lower tax rates and cost of living for resident crew and their families.

For further information, visit
www.cnmarinas.com
www.ghm.com.mt

TWO WEEKS. TWO DAYS?
Exactly two weeks ago, 89 solo racers were leaving Funchal in Madeira archipelago, heading for Brazil and Salvador de Bahia. 3,100 nautical miles separated Funchal from Salvador.

The man that leads the fleet since the day after the start, Yves Le Blevec, already sailed over 2,450 miles. He might have seen today - to starboard - the small island of Fernando do Noronha, Brazilian territories in the heart of the Ocean, 540km Northeast from Recife. Actual shows its' skipper experience. Yves is the co-winner of the Trophee Jules Verne.

500 miles separate Le Blevec from Salvador de Bahia. 2 days on board and he will be back on dry land with a comfortable advance on the pursuers group 0 the race direction evaluated it at about 80 miles because David Sineau's (Bretagne Lapins) positioning beacon didn't run smoothly this morning. The distance between Yves and the other two hunters Nick Brennan (Rafiki) and Ronan Deshayes (PCO Technologies) is 125 and 127 miles extended.

Behind Le Blevec 23 boats are now sailing in the South hemisphere. But the expected trade winds aren't showing and the sailors have to deal with a light Southeast flux. Consequently, most of the competitors chose to head for East, and there should be variation in the general ranking on the back of those that kept on sailing west from the direct path. As for Clayton Burkhalter (Team Acadia) that suffered the lost of two places in the last 24 hours in favour of Francois Salabert (Areas Assurances) 9th, and Peter Laureyssens (Ecover) 10th. The Slovenian Kristian Hajnsek (Adria Mobil) has also been dethroned from the 6th rank by the amazing Yann Riou that faultlessly sailed during the last hours.

Don't forget about those are still blocked in the Pot au Noir... It was unmoving this morning, and spoiling an important group of Minis: Series boats like Mathieu Girolet (Roi du matelas), Jelmer Bouw (van Uden), David Le Carrou (Le Treport), and Dominique Barthel (Conseil general de l'Isere); but also protos as Yannick Allain (Centifolia-Chaveta) or Sebastien Picault (Groupe Royer). Much farther, it was the same punishment for Thomas Coubes (petit Citron vert) and Remi Daudin (Deolen).

Top ten positions at 21 Oct 17:00
1. Yves le Blevec, Actual, Proto, 413.45 nm to finish
2. Ronan Deshayes, Pco technologies, Proto, 133.44 nm to leader
3. Nicholas Brennan, Rafiki, Proto, 142.22
4. Fabien Despres, Soitec, Proto, 174.88
5. Yann Riou, Cameleon, Proto, 211.79
6. Adrien Hardy, Brossard, Proto, 232.38
7. François Salabert, Proto, 246.01
8. Clayton Burkhalter, Acadia, Proto, 262.55
9. Peter Laureyssens, Ecover, Proto, 272.47
10. Andraz Mihelin, Adria Mobil Too, Proto, 283.67

www.transat650.org

HANS DETMAR WAGNER CUP - INTERNATIONAL DRAGON CLASS
Torbole, Lake Garda, Italy: No surprice after the last race for the first three positions: first Hosch before Ocker and Braun, all three from Germany. Again good Northern wind even if not so strong as yesterday.

Torbole sul Garda, Sunday 21 October 2007 - The firt place of the last regatta organized by Circolo Vela Torbole, as expected, was taken by Vincent Hosch. Ocker and Braun tried hard but they could not beat Hosch, at least this time!

Today the races began just before 10 am with a good wind of 6 mt/sec (about 20 Km/h). The first race was won by GER 993, skipper Stephan Link, before HUN 50, skipper Noel Nedbhl, third GER 992, skipper Hannes Braun. Vincent Hosch was 17. (discarded), Ocker 10. and Braun 3. confirming the third place already hold yesterday.

The Peler, Northern wind, blew regularly for the whole first race, even if at the end it decreased. Barbara Botti, President of the Committee, could work at best in all the 7 races and we could see a regatta in perfect conditions.

Top three final results after 7 races, before protests and with one discard:

1.Hosch-Liebner-Mayier, GER, 15 points
2. Ocker-Grosser-Davies, GER, 24
3. Braun-Dennecke-Abele, GER, 29

circolovelatorbole.com

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

MICK BUTLER AND SUSAN ETHERINGTON - HOBIE 16 WORLD CHAMPIONS
Suva, Fiji Islands: The last day of racing and there's an air of quiet tension down at the boat park. The sailors are intent on rigging their allocated boats and it's not a time to talk to them. It is announced that the Race Committee are out there, the wind is filling and that the sailors should get ready for sailing.

There's a rush to sign the boats in, then a trickle and then an announcement for the stragglers to hurry and sign.

The Race Committee gets a steady wind at 7 -8 kts, but there's one of those rain squalls again and it's the waiting game again. They start the race with the wind east north east then it shifts 20degrees to the north. Those who go to the left make a good choice. The smart award goes to the ones who go north upwind and south down wind. Their decision is reflected in their finishing position.

The second race is about to get under way when the wind shifts to the left and stops. The skies darken, the lightening flashes and the thunder rolls. For about ten minutes the wind blows strongly from the west. The committee moves the start line but can't get a race started and send the boats ashore.

At four o'clock it is obvious that the wind is not coming back today. The contest is over and we have a winner - Mick Butler And Susan Etherington from Australia.

Top ten final places:
1. Mick Butler / Susan Etherington, AUS, 31 points
2. Christophe Renaud / Alban Rossollin, FRA, 44
3. Cam Owen / Susan Ferris, AUS, 62
4. David Kruyt / Janine Kruyt, NGR, 66
5 Peter Bates / Juliet Bates, AUS, 71
6. Jerome Le Gal / Enrick Obert, FRA, 76
7. Julien Villion / Romain Petit, FRA, 77
8. Ulf Hahn / Anke Delius, GER, 81
9. Damrongsak Vongtim / Sakda Vongtim, THA, 83
10. Francisco Figueroa / Jolliam Berrios, PUR, 83

www.hobieworlds.com

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 John Rousmaniere: Thanks to J. Joseph Bainton for his kind words about my piece concerning the dispute over the legitimacy of the challenging Spanish yacht club. To understand a rule or a law, there's nothing so helpful as appreciating why and how to was written in the first place. To answer his question, the rule that the boat be constructed in the country of the challenge is fundamental to the cup and may not be eliminated through mutual consent. Throughout America's Cup history, every challenger, every defender has been constructed in the nation of the yacht club it represents. Alinghi's hull was built in Switzerland, just as the yacht America's hull was built in the USA.

And to people who have pointed out that the Royal New Zealand Yacht Squadron qualifies as a challenger -- I agree 100 percent because it is 100 percent organized. It is one of the world's great yacht clubs.

* From John Harwood-Bee: Somebody must be on extremely tenuous ground if they are attempting to justify part of the new AC protocol by challenging the validity of the RNZYS. To compare a one hundred year old legitimate institution with a hurredly assembled 'Micky Mouse' circus created only for the benefit of the defender helps demonstrate the very thin ice this farce is skating on. There is an expression that should have been heeded long before the behind the scenes machinations caused the current trauma.

' If it 'aint broke, don't fix it'

FEATURED BROKERAGE
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THE LAST WORD
He was a seaman, but he was a wanderer, too, while most seamen lead, if one may so express it, a sedentary life. Their minds are of the stay-at-home order, and their home is always with them - the ship; and so is their country - the sea. -- Joseph Conrad

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.

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