Mooring bouys - Page 12 - SailNet Community
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post #111 of 162 Old 12-29-2012
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Re: Mooring bouys

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Originally Posted by Minnewaska View Post
I know this is a hypothetical, but that would just make you a real jackwad.

In your scenario, you're not happy that Chef got to place a mooring, but presumably he hasn't violated any laws or regs. You're just not happy he beat you to it, so you go picking a fight. The civil approach is to see if the owner of the seabed (municipality) is willing to change the rules. If not, leave the moorings alone.
The point I hope to make with this hypothetical is, given the mooring regulations as I believe they stand in Maryland, the guy occupying precious swing room would be wiser to share, and to share happily and publicly.

Sure, on strict legal principles it's wrong for someone to to pick up and use his private property. But it's equally true that the mooring owner has appropriated public space for his own use. And on strict legal grounds, the Jackwad also has options.
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post #112 of 162 Old 12-29-2012
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Re: Mooring bouys

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Sure, on strict legal principles it's wrong for someone to to pick up and use his private property. But it's equally true that the mooring owner has appropriated public space for his own use. And on strict legal grounds, the Jackwad also has options.
In our area legally placed moorings are allocated by the Harbormaster. The space is not "appropriated" by the mooring owner.

If there is a Town Harbor Plan in effect--at least here in CT--the Harbormaster (a creature of the State of CT)--is required to observe the Harbor Plan. The point of the Harbor Plan is like that of a Zoning Plan--to provide a set of considered policies in the public interest. An approved Harbor Plan has the force of an ordinance, where applicable.

The Harbor Plan allocates areas for commercial and private moorings and identifies a policy for assigning mooring permits, including a posted waiting list when the mooring field(s) are full. This means that moorings are allocated with consideration of the conditions of the mooring area and the type of boat on a first-come, first served basis.

This process works something like parking on a public street, but the difference is that the person who got there first not only occupies it at the time, but retains it on a reserved basis.

The intent is to provide for a safe, orderly anchorage tailored for boat swing and moderate storm conditions by the use of mooring tackle that is more substantial than typical cruising anchors.

In our area, we expect transients to use the designated transient anchorages--not the mooring fields, unless you are picking up an authorized rental mooring. Private moorings are not for rent.
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post #113 of 162 Old 12-29-2012
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Re: Mooring bouys

A question from a novice? I understand that when anchoring, you respect the previously anchored boat, first come. Does a vacant bouy get the same respect?
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post #114 of 162 Old 12-29-2012
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Re: Mooring bouys

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A question from a novice? I understand that when anchoring, you respect the previously anchored boat, first come. Does a vacant bouy get the same respect?
Do you really want to foul a mooring buoy with your rudder, prop shaft, ... ?

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post #115 of 162 Old 12-29-2012
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Re: Mooring bouys

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A question from a novice? I understand that when anchoring, you respect the previously anchored boat, first come. Does a vacant bouy get the same respect?
Yes


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post #116 of 162 Old 12-30-2012
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Re: Mooring bouys

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..... And on strict legal grounds, the Jackwad also has options.
What would those strict legal grounds be? Strict would imply you can cite something that references this?


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post #117 of 162 Old 12-30-2012
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Re: Mooring bouys

I understand that people are frustrated over moorings being in place where they would prefer to anchor, or perhaps used to anchor. I don't love the fact that there is a housing development in the woods I used to hike in as a kid. But I don't get to walk through their backyards, pitch a tent and stay the night any longer and I don't suggest that I should.

One of our neighbors owned thousands of acres of land that he knew was commonly used like public property, but we technically had no claim to it. He just permitted our use of it until he decided to develop it. I will bet that most often these coveted anchorages are actually owned by a municipality you don't live in and one could argue that anchoring should only be available to their residents?? It would be ironic if that was the outcome of pushing on this too hard, wouldn't it?


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post #118 of 162 Old 12-30-2012
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Re: Mooring bouys

I'm not really clear about the laws concerning "ownership" of the seabed. Is it federal law? State law? Local law? Who actually has the legal right to claim bottom rights? To issue permits for things like fish farms, or weir nets, or docks that intrude on waterways?

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post #119 of 162 Old 12-30-2012
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Re: Mooring bouys

This thread gives me the impression that venturing west of Portland, ME will include a contentious dimension I would rather not deal with. It can't be as big a problem as it seems from these replies? Can it? We plan our trips with care and don't find ourselves in difficulty when looking for a place to park. We haven't made it to the Jersey shore yet or into the Chesapeake Bay. Our anchors and gear are quite capable. We can't bring the space to deploy them along with us. The next trip we make to the Westerd may be inland to Lake Superior. Who needs a crowded anchorage full of ignorant, resentful boaters?

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post #120 of 162 Old 12-30-2012
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Re: Mooring bouys

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Originally Posted by smurphny View Post
I'm not really clear about the laws concerning "ownership" of the seabed. Is it federal law? State law? Local law? Who actually has the legal right to claim bottom rights? To issue permits for things like fish farms, or weir nets, or docks that intrude on waterways?
Federal Law. The Submerged Lands Act of 1953 gave the rights to navigable waters out to three miles from shore to the individual States. Each State then handles that differently, but I believe most then pass ownership to the local municipality.


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