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  #41  
Old 12-27-2012
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Re: Mooring bouys

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Originally Posted by Maine Sail View Post
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.....
How do you navigate on the intertidal zone? Portage?
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  #42  
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Re: Mooring bouys

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Originally Posted by Maine Sail View Post
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.
Wells Beach if I recall correctly.
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Re: Mooring bouys

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Originally Posted by Minnewaska View Post
How do you navigate on the intertidal zone? Portage?
Well, if the tide is in, by boat. If the tide is out, you can land by boat and walk across it.
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  #44  
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Re: Mooring bouys

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Originally Posted by Minnewaska View Post
How do you navigate on the intertidal zone? Portage?

It means drying out a boat, getting there by boat for clamming, worm digging etc. or by shuttling people to and fro an island and ferrying them to the beach. It can also mean pulling up on a beach to enact a repair to your boat...
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Re: Mooring bouys

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Originally Posted by caberg View Post
Well, if the tide is in, by boat. If the tide is out, you can land by boat and walk across it.
I understand when the tide is in, as you would have the right to float over their land. However, if its out, I can't see that walking is navigating, unless you are carrying your boat. Perhaps it was only intended to cover the land while flooded and does not contemplate that you would be out of your boat for any of these activities?
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Re: Mooring bouys

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Wells Beach if I recall correctly.
Yes that was the "Moody Beach" case... At the same time that was going on our neighborhood was in a similar case, which was subsequently dropped when the Moody case was handed down..

Like I said Maine is unique in its water front dealings....
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Re: Mooring bouys

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Originally Posted by Minnewaska View Post
I understand when the tide is in, as you would have the right to float over their land. However, if its out, I can't see that walking is navigating, unless you are carrying your boat. Perhaps it was only intended to cover the land while flooded and does not contemplate that you would be out of your boat for any of these activities?
I think the case specifically references landing a boat (when the tide is out) and walking in the intertidal area, so either "navigating" isn't read so narrowly, or walking is considered incidental and necessary to the allowable uses.
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Re: Mooring bouys

My mooring buoy has my phone number on it. I am happy to loan it out if you ASK, but if I find you on there and I need it you are leaving pronto. The PRIVATE and COQUINA and my number are a clue it is not yours. I spent over $1,000 on the gear and it is not a public utility.
So far in Maryland most people only have ONE mooring. Apparently New England has people putting them everywhere they go and taking up all the room - not sure what I would think about that. Our bigger issue is moorings that appear to be owned by no one and are of uncertain maintenance at best. We have some near mine that have not been used in at least half a decade and I wouldn't trust to hold an Optimist. I may do some SCUBA inspection and see about removing the obviously dangerous ones.
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Re: Mooring bouys

BC does not regulate private moorings, Transport Canada does (http://www.for.gov.bc.ca/land_tenure...te_moorage.pdf point 1 on page 4)

Here is what Transport Canada has to say:
7.1 The placement of a single point mooring buoy by a proponent will not require the submission of an application for approval under the provisions of the NWPA (Navigable Waterways Protection Act) subject to meeting the criteria specified in Annex “A"

Annex A
The placement of a single mooring buoy meeting the following criteria will not require further review by the Navigable Waters Protection Program and the project may proceed.

The mooring buoy must be:

Secured by a single anchor line,
Marked as per An Owners’ Guide to Private Buoys 8.4

The mooring buoy including swing area must be:
Placed no less than 20 meters from any existing docks, boathouses, swim platforms, other mooring buoy or other structure located within limits of waterway,

Placed at least 50 meters from any public launch ramp, marina, known navigation channel

AND:
Where free swinging moorings are utilized, they shall require a circular area having a radius equal to three (3) times the length of the vessel
Moored vessels must comply with the Collision Regulations.

Mooring Buoys - Transport Canada

In other words private moorings are legal in BC and you have no right to make use of them.
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Re: Mooring bouys

before getting into a private mooring situation, research the moorings and comply with rulings made for boats using these moorings.
in san diego, rafting is a punishable offense--punishment is eviction from mooring. all moorings are sdmc operated and owned by sd port authority. many are rough water mooorings. not cool to raft--makes damage. is also most uncool to just pick up a mooring in sd--they are occupied and have a long wait list.
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