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  #31  
Old 12-26-2012
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Re: Mooring bouys

Quote:
Originally Posted by Brent Swain View Post
When your ball threatens to foul my anchor, and leaves inadequate swinging room to avoid it, I will use it anytime I please,. If some one comes back in daylight, in god weather, and wants his mooring back I will leave and find anther .At 3 am. I will not.
Who do you ask if there is no phone number on it and no payphone for miles?
I think (and hope) you might be confusing legal, licensed/permit moorings with something else.

I was on a waiting list for 10 years, I spent a couple of thousand dollars on the equipment and installation. I spend more on inspections and new penants every year.

If I come back and want my gear back, you are moving. You might not think you are, but you are. If you really wanted to be a wanker about it, I'll just dinghy over and cut my own penant. I'd eat the $$.

That being said, as I posted earlier, if my mooring is empty I don't care if someone borrows it and I'll even pick up another empty mooring or go unload at the dock rather than have them move right away if it's convenient for me to do so. But that would be up to me.
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  #32  
Old 12-26-2012
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Re: Mooring bouys

If I were kayaking in your mooring field and saw your unoccupied boat, would you mind if I boarded her and relaxed in your cockpit for a while? I wouldn't be hurting anything! That's what I might tell you if you came by and took offense.

Of course, I wouldn't do that, but what's the difference when someone uses a private mooring without permission?

Chef2sail has it right.
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  #33  
Old 12-26-2012
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Re: Mooring bouys

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Originally Posted by fallard View Post
If I were kayaking in your mooring field and saw your unoccupied boat, would you mind if I boarded her and relaxed in your cockpit for a while? I wouldn't be hurting anything! That's what I might tell you if you came by and took offense.

Of course, I wouldn't do that, but what's the difference when someone uses a private mooring without permission?

Chef2sail has it right.
I don't make a habit of using other people moorings, yet I can't say I have never done it. In the couple times I have, it's been for a short time, I never left the boat and I expected to be gone in a flash if needed.

Some people get a tweeked about others pulling their front tires into a driveway while making a three point turn around. They will put up signs or line their driveway with orange cones. Never seemed to bother me if someone turns around on what probably amounts to an easement of public land anyway. I guess it's personal preference.

And actually Fallard, if you where kayaking through my mooring field I'd tell you where the beer is hidden

At least where I live, I can't rent, sell, or even will my mooring permit. When I die I guess my next of kin can haul that old mushroom anchor and chain up and sell it for scrap if they wanted. In the mean time I'm just borrowing a bit of public property for what amounts to a tiny sliver of time on the face of the cosmic clock.

Life's to short to sweat it. But again, be ready to high tale it if I get home and want to tie up.
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  #34  
Old 12-27-2012
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Re: Mooring bouys

It is not frowned upon to pick up a mooring willing to risk its integrity and prepared to move if the owner returns. It should be sort of an unplanned option when things don't work out the way you intended. If the transient moorings are all full, there is really no room in the anchorage, the weather or someone's health made an unscheduled stop necessary, etc. I have never felt that sailors or power boaters abuse mooring rights anywhere I have had my gear down. If you pull into a Downeast harbor, like Cutler, which is along a fairly remote stretch of the coast, asking someone at the dock about moorings has always resulted in a fisherman letting me know which moorings will hold my boat and who is out fishing for a few days, with a very welcoming, "glad it is getting some use", attitude. An offer to pay is out of the question. I have never needed a mooring in Portland and can imagine things are a bit different. Destinations like Northeast Harbor get so much traffic it is understood that you have a plan. Emergencies are always accommodated.

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Last edited by downeast450; 12-27-2012 at 06:29 AM.
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Old 12-27-2012
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Re: Mooring bouys

Quote:
Originally Posted by Brent Swain View Post
When your ball threatens to foul my anchor, and leaves inadequate swinging room to avoid it, I will use it anytime I please,. If some one comes back in daylight, in god weather, and wants his mooring back I will leave and find anther .At 3 am. I will not.
Who do you ask if there is no phone number on it and no payphone for miles?
Sure you would, big man. I bet you put your tail between your legs the moment you find that was a fishing or lobstermans mooring you are squatting on.

You would learn it was theirs at 3am with them standing over your bunk. They make their own rules and set their own punishments for violating them.
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  #36  
Old 12-27-2012
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Re: Mooring bouys

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Originally Posted by Minnewaska View Post
Sure you would, big man. I bet you put your tail between your legs the moment you find that was a fishing or lobstermans mooring you are squatting on.

You would learn it was theirs at 3am with them standing over your bunk. They make their own rules and set their own punishments for violating them.
I'd pay to see that one... People have been arrested for illegal tress pass for what amounts to stealing the use of a mooring. Have also been prosecuted for theft of services when marina's who use these moorings get boaters who don't pay.. These instances are pretty rare and usually precipitated by attitudes like are shown above...

In the US the States have the rights to the submerged shore land waters and the State gives the power to each town with waterfront to manage it. The Submerged Land Act of 1953 gave the States control of their coastal waters and seabeds. This means it gets complicated when you have 50 states and thousands of towns who manage moorings and their use.

Here in Maine nearly everything is done with moorings. If I had to put a number on it I'd guess that more than 90% of the boats on this coast reside on moorings most all of which are permitted by local towns. Where towns don't manage it they pass the buck to the ACOE for permitting.

With 3000 islands on the coast of Maine we have entire towns who depend on moorings as the lifeblood of their connection to the mainland. Take one of these moorings and pull "attitude" and you're likely to wind up with a few grams of lead in you. Islanders have shot folks for much less.....

Many harbors in the NE have waiting lists and steep annual fees (Falmouth, ME the largest mooring field is $250.00 per year for non-resident + your own gear). I've been on the wait list for Rye Harbor since I was 11 when my mother let both of our family moorings go over a "divorce" pissing match. Unfortunately one of them was MINE, not my fathers... I doubt I will ever get that mooring back in my lifetime. The fees for these moorings are on-top of an annual or bi-annual inspection and mandatory winterization of your gear. It costs me $450.00 per year, on average, to keep my mooring up to snuff in Falmouth and I already own the gear.

The mooring in-front of our home conveyed with "rights" on the deed to our home. We have the "right" to have and keep this mooring as long as we want. This type of stuff is commonplace here in Maine a coast where moorings mean livelihoods and more. We also own to the MLW mark not the MHW mark and this is part of our State constitution. It has been challenged twice and both times failed. This means the beach in front of our home is private to the mean low water making it truly private not just quasi private... Each State does it differently. Maine is quite unique in waterfront dealings..

On top of all that in Falmouth you can non sublet or let someone else use your mooring ball. The harbor master checks regularly. So if a transient grabs my mooring while I am away there is a good chance you'll see an all black RIB with twin 250 HP motors and blue lights coming to pay you a visit before I even get back..


Course you can always do what I did when we lived over in Harpswell and had trouble with people grabbing our ball when we were off sailing.

20 LB MUSHROOM - CAUTION OLD CHAIN



That stopped just about everyone from grabbing our ball...
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Last edited by Maine Sail; 12-27-2012 at 08:14 AM.
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  #37  
Old 12-27-2012
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Re: Mooring bouys

Quote:
Originally Posted by Brent Swain View Post
When your ball threatens to foul my anchor, and leaves inadequate swinging room to avoid it, I will use it anytime I please,. If some one comes back in daylight, in god weather, and wants his mooring back I will leave and find anther .At 3 am. I will not.
Who do you ask if there is no phone number on it and no payphone for miles?
LOL...you should avoid RI sailing with that attitude, you will be fast asleep as you drift away
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Re: Mooring bouys

I was at the Isle Au Haut in Maine a couple of summers back and the transient moorings all had bottles tied to them, where the cruising guide said you were to leave $20. Mine did not have a bottle, so we went ashore to try to find who to pay. The store was closed and there was not a soul near the docks.

I went back to the mooring, tied my own gatorade bottle to the mooring and left the $20 inside.

I've been on moorings over my lifetime, where no one ever came to collect the fee. In every instance, I made an effort to find them and only left without paying, if that effort failed.
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  #39  
Old 12-27-2012
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Re: Mooring bouys

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Originally Posted by Maine Sail View Post
This means the beach in front of our home is private to the mean low water making it truly private not just quasi private... Each State does it differently. Maine is quite unique in waterfront dealings.
I don't think that's quite right. My understanding is that the public is granted an easement to the area between low and high water mark (intertidal land) for certain activities. (I had an occasion to research this issue in another state and reviewed some cases from Maine.)
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Re: Mooring bouys

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Originally Posted by caberg View Post
I don't think that's quite right. My understanding is that the public is granted an easement to the area between low and high water mark (intertidal land) for certain activities. (I had an occasion to research this issue in another state and reviewed some cases from Maine.)
Yes for fishing, fowling & navigation, however in most cases you'd need to reach the intertidal zone by boat or be trespassing to get your access.. The use of the intertidal zone does not convey for sunbathing or general beach/intertidal zone use unless you are navigating, duck/bird hunting or fishing, clamming, worm digging etc....

In 1989, the Maine Supreme Court upheld the lower court ruling and found that:

In Maine, public rights in privately owned tidelands are limited only to those specifically enumerated in the 1647 Colonial Ordinance; that is, fishing, fowling, and navigation.
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