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post #132 of Old 10-23-2012
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Re: Opposition to liveaboards

Originally Posted by Brent Swain View Post
The seabed is public property. Fisheries have told me they dont give out water leases for private moorings, period. Thus their moorings are on property we all own and they have no legal right to exclude us nor claim ownership of what is a public space by putting a mooring on it.
A cruising lawyer has told me they have no legal right to exclude anyone from a mooring .
You may want to check that again Brent. A simple search of the DFO sight certainly suggests otherwise. Here is info taken from the site:

You may proceed with your mooring project without a DFO review when you meet the following conditions:

the project does not involve the installation or operation of a structure fixed to the bottom (for example, permanent navigational beacon, boat mooring bolted to the substrate), and
you incorporate the Measures to Protect Fish and Fish Habitat when Placing Moorings listed below in this Operational Statement.

Now being allowed to proceed without approval certainly suggest ownership of the mooring. Depending on what boat you tried to tie to mine you may find yourself with a problem.
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