# picking up a vacant mooring



## viajero33 (Dec 20, 2010)

I moved to the US from the UK a few years ago and up until last year sailed in the chesepeake and was able to anchor just about anywhere this year I moved up to the New york area and am sailing southern new england waters.


viajero33
8:43 AM
In the UK one can pick up privet moorings if vacant knowing that you may need to leave at a moments notice should the owner return. naturally the ettiquette is always fiercly debated but i'll keep it simple. If they are not yacht club privat or run by a marina can one pick one up?


viajero33
8:47 AM
I recently found myself in the thimble islands off Con. and was nervous about anchoring due to cable areas on the charts and the area was full of vacant moorings that were numbered there was a coast guard mooring availble which I had read was aviable for the public if free but I ended up taking one that was better protected?


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## ParadiseParrot (Oct 6, 2010)

Most of the recent guidebooks should tell you what is going on in the harbour you are in.

The issue with private moorings is knowing "how good they are and if they will handle the weight and windage of your vessel. There are no Standards for moorings. It's all about the harbormaster.

You certainly should assume someone might knock on the hull for payment or ask you to move. Personally I would either pick up an approved mooring or lay my own tackle.

The information for Southern NE and LI is comprehensive and your guide books should be able to tell you including free docks and moorings set out by towns.


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## RobGallagher (Aug 22, 2001)

Parrot makes an important point, knowing that there is appropriate ground tackle is a safety issue. Not just for you, but for the mooring owner.

Under that mooring ball could be anything and if it's not suitable for your boat you could end up dragging it or damaging it, or both.

If, under that ball there happens to be a set up for a small day sailor and you end up hauling it onto the rocks do you plan on sticking around long enough to have it pulled, repaired/replaced, inspected and reset?

I have a private mooring. I don't mind if someone uses it while I'm not around. It's way over sized for my boat and could probably handle just about anything big enough to swing into the next mooring.

I have never come in and found a boat there that didn't have someone aboard for me to ask to move. That would piss me off.

I can't speak for everyone though.


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## GMC (Sep 14, 2009)

There is no standard etiquette, just local; which does make it confusing. If you read the harbormaster rules in some ports in Mass., they will indicate that the Harbormaster will ticket you hundreds of dollars just for hooking up to a private mooring without permission. I don't know if they actually do that, but it is in the regs in a number of harbors. In others, the harbormaster will tell you to just pick up an empty one, or direct you to one available. Some of the regs are on the other side of punitive and indicate that any mooring not in use may be used by others with notice to Harbormaster. Hadley Harbor, you can pick up any of the private moorings as long as you are willing to leave if asked, but other than by word of mouth, it is hard to find that fact out.
Obviously the other issue is the one mentioned above about strength and integrity of what you are attaching yourself to. In New Bedford, the suspicion is that a great number of the private moorings in certain areas are owned, but never used by individuals that keep their boats in trendier places, but want an assurance that they can get on a mooring when a hurricane comes and be protected by the hurricane barrier. Not sure anyone should feel bad about using these (assuming their integrity) as they are taking up anchorage space - but you would sort of have to know the harbor to know this. Anyway, it is all local - which is good and bad. Sail New Bedford


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## Barquito (Dec 5, 2007)

We were basically getting our a** kicked on our delivery of our boat from South Chicago to Milwaukee. We pulled into the Chicago harbor and tied up to an empty mooring for lunch, and to get into dry clothes. After that we felt much better about our trip. I would hope someone would do the same with my mooring in Milwaukee when I am gone.


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## chef2sail (Nov 27, 2007)

There doesnt have to be standard etiquette about mooring balls. If you dont own it, it isnt yours. Public ones are stated. Most come with fees which are meant to be paid.

You may not want to hear the harsh reality of this , but what gives you the right to touch or use someone elses property unless its in an emergency situation just because it either suits your convience or you failure to do due dilligence in your planning. 

A private mooring is not shared property any more than a private boat is. You didnt pay for it, you dont have any right to it. As far as NEw England moorings and town/ municipal moortings. We are cruising there right now. The specifics for each harbor/ area are dilineated. You should follow them. Planning where you will anchor is part of the big boy picture and responsibility of sailing and coming into a harbor or anchorage. Charts are very specific about where there are cable areas that cannot be anchored in. We have just come through the Thimble Islands area of Connecticut and there are plenty of designated fine anchorages. If your nervous about anchoring places...dont sail there as you may be forced to anchor there some day so dont put yourself in that adverse situation.

All of this is moot in an emergency situation of course. Poor planning on your part however does not constitute and emergency.

Dave


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## hellosailor (Apr 11, 2006)

viajero, in NY waters, or even NE waters, bear in mind you are dealing with the descendants of the Pilgrims. Uptight folks with limited ideas of propriety and specific concepts of Property, and you generally are expected not to touch what does not belong to you, because it does belong to someone else.

That would include privately owned moorings. 

Yes, some folks are way more laid back and as long as you are ready to cast off RIGHT NOW not in ten minutes, they may smile and wish you well. But I can tell you that a boat returning home, late six hours because of wx or other problems, expecting to tie up NOW and get ashore NOW, will not be happy to see you on their mooring.

Technically, if you hook into someone's private mooring, that's probably fourth-degree trespass, so yes, our common law and criminal law are both against you as well.

Now, if there's a dockmaster, harbormaster, someone in charge of the area who tells you "Oh just pick up such-and-such, they're gone for the weekend" that's quite common an acceptable.

But simply picking up a mooring? As a native, I'd never do that. Momma raised me right. I don't "borrow" unlocked cars, either.

Of course if you just smile and pass over a bottle of good spirits and apologize for the inconvenience...heck, you might get invited to raft up.


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## TakeFive (Oct 22, 2009)

Well, it looks like I can't resist the temptation to start a classic Sailnet flame war here. So grab some popcorn and sit back! :laugher

I have never taken someone else's private mooring ball, and have no immediate plans to do so, so this is somewhat academic. But I can imagine a non-emergency situation where I might be tempted, so it's worthy of some discussion.

First, I assume that all of you are referring to moorings that have been placed into public-access waters by private citizens. If so, my question then is, what gives someone the right to claim the water that immediately surrounds his Chlorox bottle, old LP tank, or Sur-Moor float? Suppose I pull into a small, protected cove with limited space, intending to anchor, but I find a bunch of moorings that people have left to "claim" their spot? In this hypothetical example I am envisioning a weekender's cove where the owners drop unregistered balls and use them maybe one day a week on average (not for daily mooring). There is no space left for me to anchor because the necessary rode would guarantee that my boat collides with or my rode gets fouled on all these mooring balls.

In this example, what is someone supposed to do? Do these people have a right to "lay claim" on public waters by littering the limited space with a bunch of unlicensed mooring balls? Do I risk fouling my anchor line on their balls by anchoring? Or, since the cove is littered by a bunch of unused balls, do I just grab one? Would it be any more satisfactory for me to just drop my anchor 10 feet away from his ball and claim "his space" without actually using his ball?

This is not a purely hypothetical example. The Delaware River has very few protected coves for anchoring, but there is one cove about an hour's sail away that I may want to try out in the next few weeks. Last time I was there two years ago it was filled with a bunch of unused, unregistered mooring balls (old LP tanks and the like), and although it was not so crowded as to prevent anchoring, it would not take many more to render anchoring unsafe. Right now I don't know what awaits me next time I go back there.

In general, I think some of this bluster over owners' rights to the mooring fails to recognize that the owners of unlicensed moorings are borrowing public waters, and should therefore expect that there may have to be some occasional sharing involved. At the very least, they should allow the "intruder" 10 minutes to leave without an angry scowl of indignation. If they don't want to be inconvenienced by this, perhaps they could post their expected return time on the ball with a request that the ball be vacated prior to this time.

Of course, if the owner is licensing his rights to the water from a regulating authority with a licensed mooring ball, then that's a different story. So my question to all of you much experienced cruisers: Are most of these mooring balls just dropped by owners who are "squatting" on the surrounding space, or are they usually leased from a regulating authority? I think that distinction makes a big difference.


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## JimsCAL (May 23, 2007)

As has been noted, the local rules vary from harbor to harbor. There are places where moorings have been dropped for use primarily on weekends by the owner. One such place is Calf Island near Greenwich CT and local practice is to pick one up and just be prepared to move if the owner shows up. In other harbors the Harbormaster will give you a ticket if you pick up a private mooring. Lloyd Harbor is an example of that. In North Cove in Old Saybrook CT, you are permitted to pick up a mooring that has a streamer on it. It is consider a harbor of refuge and that was arranged so they could get the harbor dredged a number of years ago. So you need to know the local rules.


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## Mirari (Sep 13, 2006)

Intersting topic. I too am amazed at some harbors filled up with rental moorings so that you essentially can't anchor and are forced to pay rental fees and trust your boat to sometimes questionable equipment. I question the legality because essentially these rental mooring owners are claiming federal (public) waters for personal gain. I would love to hear from some legal folks for opinions.


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## ParadiseParrot (Oct 6, 2010)

Unlicensed moorings are impediments to navigation and as such are not owned by anyone but the "owner" if known needs to remove the "trash" at his cost as I have a legal right to anchor in that spot.You cannot Trespass on unowned property.

We have thousand of people "squatting" in MacMansions in Florida as we speak. No trespass because there is no owner. No owner because the bank doesn't want to foreclose and pay property taxes.The squatters cant be removed because there is no trespass. No trespass because no owner.Understand?

You can't own the sea floor in most cases....shellfish beds and some other exceptions do to common law pre-revolution in NE withstanding.

No Licence then its not a mooring its just trash and I can salvage it under some conditions. Then it become my property. Private Moorings are marked. There location and ownership is done under the harbormaster or CG. A soda bottle with a chain on it will not cut it. Now some in NE will scream...They feel entitled...maybe they have gotten away with it for generations...Since the Boat has ALWAYS been there everyone assumes they have a right to.


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## GMC (Sep 14, 2009)

As time progresses, this issue will continue to rear its head. More and more harbors in New England are becoming completely filled with moorings. Each state considers its underwater property rights differently. In Mass. for example, the bottom that your mooring is set on is owned by the residents of the state of Massachusetts. Management of the state's property rights are delegated to the individual towns. Each administer its harbor differently and commonly violate Mass. law in how they do this. For example, believe or not, it is against the law for towns to charge differential rates for residents vs. non-residents. Many harbors have regulation, in print, which clearly violate this. When there was more room in the harbors, there was less analysis of all this. If small harbors effectively close off their harbors to anchoring (violating fed regs, if they receive fed harbor benefits), they may have to grant with their private moorings with the caveat that mooring holders have to share with people who find the mooring empty. Either that, or the harbors need to be cleared of half their moorings to allow for required anchoring. The interesting thing about the moorings, is that people properly argue that the tackle is theirs, but the radius around the mooring is not, but sort of goes along with the mooring. That is an awful lot that the mooring tackle owner receives for what in NE is usually a fee of less than $100.00. Contrary to one of the posters above, I don't think being on someone's mooring is a trespass. If I find your lawnmower on land not owned by you and use it and return it, it is not trespass. It is something, but not trespass. Probably a form of theft. It is clear that mooring holders have rights to their personal property (the tackle), but have acquired no real property rights (that is to the surface their tackle is on, or the surrounding water). Perhaps naive, but we should all probably encourage mooring holders and harbormasters to encourage a system where private mooring holders could clearly mark that they are off their mooring and someone is welcome to use it. The squeeze is very real and getting worse and if everyone puts their hands on their hips and insists upon their rights, we'll end up with less moorings or more expensive moorings and ham handed attempts by authorities to satisfy citizens. 
I have a private mooring and I understand the private property issue, but it is a little different. There are not a lot of analogies I can think of. We're going to start getting people who don't use our tackle, but anchor in radius. What will we have accomplished then? It is getting tight out there.
Greg
Sail New Bedford


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## hellosailor (Apr 11, 2006)

". If so, my question then is, what gives someone the right to claim the water that immediately surrounds his"
Wow, ignorance is bliss. 

No one claims THE WATER around their mooring. However, a mooring is sunk into the bottom and bottomlands are regulated very differently from navigable waters. Sometimes the bottomland was assigned by Crown Patent, and that survives in the US today as private ownership. Sometimes the state or municipality owns the bottomland, and has made arrangements to lease or rent our mooring rights.

How can you... (Edit - Infammatory and Unecessary - tdw) You really have no idea that all land is OWNED in the US? Really, you' better do some research on your own state and theneighboring ones, because the laws vary in all of them. But no one is allowed to claim ownership of navigable waters--and that term is federally defined too.

You might want to read the Coast Pilots as well, because if you just drop anchor in a regulated mooring field, the local watercops AND the Coasties will send you tickets to the policeman's ball.

Why can't I park my car on the White House lawn? Or, on the Capital Mall? No, really....

Why do so many people even think they can just go where they please? And bring a boat with them?


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## TakeFive (Oct 22, 2009)

hellosailor said:


> ...Oh let me guess, you're either sixteen or a communist who's just gotten off the boat? You really have no idea that all land is OWNED in the US?...


Spare me the insults, pal.

It's obvious from my post that I was referring to UNREGULATED mooring balls not having the right to claim the water (or the land under it). My reference to the LP tanks and Chlorox bottles, which you conveniently edited out of your quote, should have given that away.

Then I went on to say, "Of course, if the owner is licensing his rights to the water from a regulating authority with a licensed mooring ball, then that's a different story." This makes it clear that I respect the rights of people who are actually renting licensed balls.

I was just asking a question from my admitted lack of experience. The snarkiness or your response detracts from its usefulness.


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## Flybyknight (Nov 5, 2005)

Take Five makes a good point, and I subscribe to it. Personally I avoid other people's moorings because quite frankly I don't like meeting strangers under those circumstances, and to trust my boat with a stranger's mooring integrity?! Never.
Now, I had a 3 point mooring on the Broadkill river that could easily accommodate a 40 footer in a blow that I would gladly extend to anyone that had an emergency. Who knows, might turn out to making a friend.
dick


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## TomMaine (Dec 21, 2010)

viajero33 said:


> I moved to the US from the UK a few years ago and up until last year sailed in the chesepeake and was able to anchor just about anywhere this year I moved up to the New york area and am sailing southern new england waters.
> 
> viajero33
> 8:43 AM
> ...


Good question, and one you'll get different answers for.

I agree, with you, and will hook up to vacant moorings if I'm staying on it(not leaving the boat), and prepared to leave at a moments notice. (all caveats of mooring size, inspection, etc., as mentioned)

We do this in Maine waters ocassionally if it makes more sense, for any number of reason, than anchoring.

I own a mooring and have at least once returned to someone using it, that did exactly above. I'm glad they did use it, I see no reason to hold huge harbor areas hostage when we're off, when boats need moorage or anchoring space.

Plus, we have many "destination moorings" in our area of Maine. These are set for the purpose of giving boats an easy overnight in prime anchoring areas, even though there is no shore access involved and there is no regulation.

These moorings take up prime anchoring space and I know of many in my sailing grounds, and use them anytime, with no reservations. They're privately owned but I have the same equal privilege to anchor as well.

You sound like a courteous sailor, welcome to the US. Come to Maine, and please use my mooring if I'm gone.


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## TakeFive (Oct 22, 2009)

hellosailor said:


> ...Sometimes the state or municipality owns the bottomland, and has made arrangements to lease or rent our mooring rights.
> 
> How can you...Oh let me guess, you're either sixteen or a communist who's just gotten off the boat?...


Does anyone else see the irony of hellosailor accusing me of failing to recognize the government's right to control the land, and then in the next sentence accusing me of being a communist?  :laugher

I've been laughing over this all night!


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## hellosailor (Apr 11, 2006)

Five, I'm glad you got a good laugh at it as my comment was intended facetiously, not as an insult. I'm just amazed at the naivete that folks continually show about basic property rights and regulations, on or off the water.

And just to keep things clear, I didn't _edit out_ anything from your post. I quoted one piece--but didn't _edit _anything you said.

Whether a mooring ball is a "proper" ball or not often has nothing to do with whether it is legally placed. I know well-regulated fields where the balls are plain white, and do not display the state-mandated blue stripe. "Local custom" often overrides laws, and unless you bring in someone federal--that's the way it goes. Right, wrong, legal or illegal.

Anyone can drop a mooring anywhere. Or a marker or a float. The legalities will vary. If you think you're in public waters and have a right to anchor or moor there, by all means, ignore the floats in the area. Or use them. I do know of lobstermen who'll take a shotgun if you've picked up one of their floats, "proper" or not. And of course if the float is just attached to a cinderblock, well, you may be surprised by morning.


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## RobGallagher (Aug 22, 2001)

This is such an interesting thread. Why? Because it time stamps the reality of conceptual Libertarian-ism (or Republicans posing as Pseudo-Libertarians) and the need for those damn Democrats to put a regulation on everything.

The rivers and streams run red, white and blue with the run off from Olde New England textile mills then those commie EPA Fukcers came along and destroyed the industry. Now it's all woven and dyed in Spain, no Japan, no Taiwan, no Thailand, no S. Korea, no China, no now the cheap labor and lack of regulation is/will be Afghanistan.

Truth is, everyone wants a free place to park a boat and powerwash the old bottom paint over then end of the dock. Real Men Use Lead! My Grandad used a 350 Chevy Block and some galvanized chain, no permit required. Sprayed DDT on his tomato plants. Fukcing bald eagles and their soft shells. Man UP! Benjamin Franklin was right, should have been the turkey.

Yet moorings don't dig up the sea grass or the shell fish. IF GOD WANTED MAN TO PUSS OUT he would not have created cheap steel mushroom moorings ordered to spec and imported by tried and true USA small business owners by the container full. Damn the torpedos full speed ahead.

I waited ten years for my silly mooring "permit". Now everyone wants a piece? FU Biatches, get your own damn piece of state/federal owned underwater mud patch that I claim is mine because I can!

Sailor Jerry fueled rant over and out.

Edit @ 9AM the following morning: I'm leaving this up as a lesson to myself, now I'm off to find the ibuprophen and make coffee.


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## ostara's skipper (Apr 28, 2012)

As a UK citizen and a sailor in the west coast of Scotland can i just point out that the original poster is wrong. the seabed is owned by the Crown and managed by the crown estates. Moorings have to have permission granted either to individuals or clubs etc. They are most certainly not available to be used by anyone who wants to. Most popular sailing areas have visitors moorings available and more are being laid every year. So its not a free for all!


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## Brent Swain (Jan 16, 2012)

In BC, the government told me they dont give water leases for private morings, so anyone is free to use any mooring they please, legally. I certainly do, after giving it a good shot of reverse to check it out. If no one hassles me, I feel obliged to clean the growth off it, and put a coupler of peel and stick reflectors on it, so it can be easily found after dark. The growth is an indicator of how little use it has had.


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## Old Cal Hand (Aug 18, 2012)

Not sure of any local laws, but it seems that anywhere outside shipping channels should be available for anchoring, right?


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## CalebD (Jan 11, 2008)

I wanna park my RV on the lawn of the White House!
I wanna anchor my boat near the U.N. in Manhattan!
I wanna pitch a tent on the sidewalk in NYC and not pay for a very expensive hotel!
I wanna anchor by and explore the Aberdeen Proving Grounds on the Chessy!
I wanna go to the beach behind these rich peoples house so I'll just park in front and walk across their lawn!

The mooring situation is just the tip of the iceberg. Most of the above not so well thought out ideas will get some form of Lawn Enforcement on you in a hurry. 

You don't park your car in a Handicapped spot without the proper decals just because it is closer to where you want to go, do you? 

I am saddened by all the layers of bureaucracy that beach access, anchoring and moorings are governed by. Florida may be a flash point for these kinds of restrictions but it seems to go on nearly everywhere in the US and may vary from harbor to harbor in the north east. 

I think you need to apply the 'reasonability smell test' to most situations regarding picking up a seemingly unused mooring. The first smell test is to check the local regulations as laid out in the Coastal Pilot. The second is if the mooring you choose has very clean pennants then it is likely the owners will return soon. The third is if it is an emergency situation or not. The fourth is how 'lucky' you feel at that moment since you have no idea of what kind of ground tackle is holding the mooring marker. There may be other sniff test criteria but that's all I've got for now.

The most 'reasonable' thing to do is to contact some local authority to inquire where a transient may anchor or pay for a mooring. If there is a lack of local authority (could be a local fisherman or other boater) then you are on your own. If you have a real (or perceived) emergency on your hands you should have a lot more leverage for just grabbing any unused mooring. By grabbing any unused mooring you find you should also be prepared to move quickly and/or paying for the consequences of your actions.

That said, I have grabbed a mooring in Lloyd Harbor (mentioned previously) for an hour or two to watch a Weds. night race. I noticed the local harbor master patrolling the area and was uncomfortable with the idea of spending the night there without an 'invite'. I found a transient mooring for the night inside Huntington Harbor for $35/night that let me sleep more soundly had I stayed where I was not 'allowed' to stay. 

Situational awareness has a lot to do with what is safe, what you can get away with and what is the most prudent way to go.

Paying your own way feels a lot better then pulling the "dock, dine, doze and dash before 6 AM" routine. Anchoring where acceptable is even better as it usually costs a lot less. 

Interesting thread in any case.


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## cmbrossa (Apr 6, 2010)

I have a private mooring buoy adequate for my 22' boat. Once marina fees rose to 50% of the value of the boat annually, it just made sense.

I would be really freaked out if a vacant boat was on my mooring when I came back from wherever. Where would I leave MY boat???

Having said that, many of the nice little sheltered bays in the Gulf Islands are so infested with rarely-used mooring buoys that you can't put a hook down anywhere inside. 

I think that as long as you're prepared to leave with good graces on short notice it shouldn't be a problem.


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## azguy (Jul 17, 2012)

cmbrossa said:


> Having said that, many of the nice little sheltered bays in the Gulf Islands are so infested with rarely-used mooring buoys that you can't put a hook down anywhere inside.
> 
> I think that as long as you're prepared to leave with good graces on short notice it shouldn't be a problem.


This seems like an adult rational approuch. People in general are way to territoral...IMHO


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## chucklesR (Sep 17, 2007)

I've never grabbed a private mooring - but really see no reason not to other than not knowing what's under it. 
The creeks around my house are filled with balls - some of them are 'fake' and the purpose is to keep people from anchoring, so it really is a buyer beware situation. 

Within sight of my pier there are 23 mooring balls, only 5 of which are used on a regular basis, the rest are intended to keep others from either dropping their own ball there - or to keep people from anchoring there (none and mine). 

IF I had a ball and returned from a day sail to find a boat on it I'd just raft off it (if no one was there) and then transfer the pennant to my boat. No big deal. Leave a note saying "enjoy, return my lines when you unhook", and leave a phone number.

If the owner was there I'd honestly see it as a wonderful opportunity to meet someone.


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## copacabana (Oct 1, 2007)

I have two moorings in my sailing area. One of them is in an isolated cove with a beach. It's where I sleep on the weekends if I don't sail too far. I've lost count of the times I've arrived to find a boat on my mooring. I politely ask them to leave so I can use it, but tell them they are welcome to use it when I'm not there. I also take the opportunity to explain how to use it properly. One day I arrived to find 3 big (50ft ish) power boats rafted up on my mooring. I asked them to leave (a bit peeved at this point because of the weight on the mooring) and they had the nerve to complain that I wanted my mooring! They refused to leave, suggesting I grab a free mooring nearby! Powerboaters ....


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## azguy (Jul 17, 2012)

chucklesR said:


> Within sight of my pier there are 23 mooring balls, only 5 of which are used on a regular basis, the rest are intended to keep others from either dropping their own ball there - or to keep people from anchoring there (none and mine).


See, that's just not right, fake balls....lol....


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## chucklesR (Sep 17, 2007)

azguy said:


> See, that's just not right, fake balls....lol....


Seriously, I've watched a guy in a 8 foot pram pull them up and move them around.


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## hellosailor (Apr 11, 2006)

"IF I had a ball and returned from a day sail to find a boat on it I'd just raft off it...No big deal. Leave a note saying "

Chuckles, you must really be slumming it. A true yachstmen always has his mooring steward remain on watch, with a chilled bottle of champagne and the offer of fresh hors d'oeuvres from the galley to entertain you, while you are waiting for them to cast off and return your mooring to you in a prompt manner.

The note of thanks is of course delivered by post, or messenger, along with a dinner invitation, not more than 48 hours afterwards.

Really, you've just got to stop associating with those riffraff in boats, and take up yachting.


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## delite (Nov 2, 2009)

Brent Swain said:


> In BC, the government told me they dont give water leases for private morings, so anyone is free to use any mooring they please, legally. I certainly do, after giving it a good shot of reverse to check it out. If no one hassles me, I feel obliged to clean the growth off it, and put a coupler of peel and stick reflectors on it, so it can be easily found after dark. The growth is an indicator of how little use it has had.


You got some really bad info Brent. You may want to visit these sites to get the real info. Firstly BC does not regulate private moorings, Transport Canada does (http://www.for.gov.bc.ca/land_tenures/documents/policies/private_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

Our mooring in 75 feet of water has a 1000 lb block of concrete attached to 60 feet of 1/2 inch chain and 100 feet of 1 inch rode. I dont care if someone wants to use it when its unoccupied, especially if they do as you do and clean it but if I show up and ask you to leave you will be leaving.


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## Jgbrown (Mar 26, 2012)

That just seems rude.
So I can go put a mooring down and build a field of fakes to keep people from anchoring? 

Bizarre. Infestation would seem to be the right word, I can understand a mooring to store the boat or live on, but moorings to claim parts of the ocean for whenever the owner feels like a visit preventing others from anchoring, then chasing off the other boats and then asking people to move? 

Seems less like parking on a lawn, more like putting cones to block off your favorite parking spot at any mall you might visit, then scolding anyone who parks there... 
Taken to it's logical extreme, what do we do once every nice spot is full of them? Isn't a weekend on the water what anchors are for?

Sent from my SGH-I747M using Tapatalk


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## Faster (Sep 13, 2005)

FWIW the Canadian government is paying attention here.. a friend with a buoy in Degnen bay received a letter last year instructing him that the buoy must be marked in accordance with the regs (posted above by Delite - which he had not done) and be marked with identifying information, which he had.

Whether or not that will lead to removal of 'non complying' buoys remains to be seen. And of course those that fail to mark with name and address obviously won't be getting those letters.....

I suspect there are many buoys, esp in certain areas, that will not comply with the clearance distances.. Degnen with its random currents is a tough spot because boat pull in all directions, not necessarily together...

We've hooked onto the odd 'private' buoy for a lunch stop, but have never spent a night mostly because of having no idea what's on the bottom, or the shape of the tackle. I'd certainly be prepared to leave if the 'owner' showed up...

It would make sense to mark a buoy with a maximum displacement... The parks buoys around here have a 'one boat' rule... but you might see a 60' power boat there one day, and a 25 foot weekender the next.. if it's good enough for the 60 footer why not allow a couple of smaller boats to share on a busy summer day.. esp if both are willing to pay.


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## zboss (Mar 26, 2006)

I own several private moorings in a highly trafficked area. Personally, I don't like it when people pick my moorings up. The reason is that the extra wear and tear is quite extreme. I have three moorings but only use one at a time depending on tides, weather, etc. They are spaced and set accordingly to use in various situations. 

This is leased property (I don't own it) and it covers a 70 foot radius around the mooring ball. While my chain is big enough to hold the queen mary, I have often found very large vessels on the mooring, sometimes they have not picked it up right and the mooring twists around the vessel or rides up under the vessel, for example. This can rip the buoy itself but the bigger problem is the chafe on the pennant. Often, a user will not set it correctly and when I go to use it, it's destroyed. I go through a lot of pennants each year. Sometimes people try just motoring off without letting the pennant go. Sometimes people run over it while leaving. Some steal them! Some get pissed that it's not public and actually try to sink it. The list goes on and on. 

With three moorings, four, five, sometimes 8 a year per mooring... this adds up.

I have certain responsibilities to the government as an lease. For example, I must make sure the mooring is marked and maintained accordingly. I must make people aware that the mooring is private by marking it as such. This is problematic because I need to repaint it several times a year. 

Overall, between the lease cost, the maintenance costs, what I have to pay a diver for inspection, the time I spend painting it, shopping for parts, whatever... I guess $1200 per year per ball.

Besides - just because you are not parked in your driveway doesn't mean that anyone can pull in and park there.

So - no, I don't like it when people use my balls


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## delite (Nov 2, 2009)

Zboss I think many will find it is inappropriate for you to put out 3 moorings for 1 boat in a high traffic area. What circumstances justify this in a high traffic area? Why cant you get by with 1?


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## rockDAWG (Sep 6, 2006)

zboss said:


> So - no, I don't like it when people use my balls


Just long and old thread, so I have not read it yet.

I agree with you. I don't even like other touches my balls, let alone using or licking them. Absolutely NO way.


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## Selkie60 (Apr 24, 2009)

ActiveCaptain is a good way to find the mooring protocol for any particular anchorage.


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## Freank Twist (Jun 26, 2018)

ZBoss You say "just because you are not parked in your driveway doesn't mean that anyone can pull in and park there." That is where you are wrong. It is not your driveway. Your buoys are on public property. Are they also taking up valuable anchoring spots?
Me? I will use empty buoys, try to treat them properly and leave if the owner wants to use it.


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## troy2000 (Apr 7, 2013)

Old thread, but an interesting one. I'm glad it was resurrected so I could read it...


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## midwesterner (Dec 14, 2015)

chef2sail said:


> There doesnt have to be standard etiquette about mooring balls. If you dont own it, it isnt yours.
> 
> You may not want to hear the harsh reality of this , but what gives you the right to touch or use someone elses property unless its in an emergency situation just because it either suits your convience or you failure to do due dilligence in your planning.
> 
> Dave


The OP acknowledged that he understands all of this. He stated that, where he comes from, in the UK, people are okay with sharing their mooring until they need it. Apparently you come from a part of the world where people aren't as kind or neighborly. He was asking how things might be culturally different in the US from what he is used to in the UK.

It really doesn't seem like a lecture was necessary.


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## MikeOReilly (Apr 12, 2010)

Sure, a blast from the past, but still a good topic. 

I would never grab a private mooring unless I had no other better choice. I wouldn’t do it, not b/c I feel it is legally or ethically wrong. It’s b/c I just don’t know what I’m grabbing on to. At 15 tons, our boat needs a stout connection to the bottom. I have no idea what may be attached to that mooring float, so I don’t use them.

I understand the desire and usefulness of having a private mooring. And I understand that in busy areas, a mooring field allows more boats to use the space. 

If I was based in one area, and always came back to the same spot, I’d look into laying a mooring. But what really pisses me off is the tendency for people to drop them such that they block off huge parts of the bay for anchoring.

If you’re going to drop a private mooring, then do so at the edge of the field. Drop it so that it still leaves plenty of space for boats to anchor. Don’t be dyck and drop it in the middle of an anchorage (as I’ve seen done, too many times).


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## SanderO (Jul 12, 2007)

Moorings have been an issue which has bugged for decades. Here's why.

1. Who "owns" the land under the water in any given harbor? Often we seen marked channels for navigation with controlling depth maintained. These channels usually lead to a town dock, fuel dock or private marina or any and all of these.

2. Harbors often have designated anchorages... These are usually furthers from the town dock and facilities. One needs no permit nor does one pay a fee to anchor.

3. Then there are often moorings. These may and often are when there are lots of them... set in a grid designated by the town which claims jurisdiction. They usually set standards for the mooring tackle as well, require a permit which are often limited to "local" residents... people who live in the legal jurisdiction(s) bordering the harbor. Some jurisdictions will offer mooring permits to non residents usually after all town applicants have been awarded.

4. Towns may often have "transient moorings" with fees collected by the harbor master. Often these can be reserved, but they also are available on a first come first serve basis.

5. Towns who offer moorings may or may not have dinghy docks for transient use for sailors to land and tie up for short term to access shore side facilities.

6. Towns may or may not offer dinghy docks for seasonal use for those who need to get to their moored boat.

7. There occasionally will be a privately run launch service. The charges are unregulated. Some seasonal mooring rentals include unlimited use of the renter's launch service on the schedule which it runs.

8. Numerous private interests will be granted multiple moorings in a harbor. This includes marinas, boat yards, yacht clubs and mooring services.

Discussion

Why are private interests given the presumably public waters to use as mooring business for profit which includes discriminating against in some cases: non residents of the town, not members of the yacht club, not customers of a boat yard or marina.

Why are all the free anchoring areas always furthest from shore side facilities?

Who pays for the maintenance of controlled depth channels and markers?

Can a mooring be private property or would it be just the mooring tackle which is placed in public waters?

How is the control of the harbor determined? Do owners of property adjacent to the harbor have mooring rights not granted to those without shore side property? Why? How far from the high water mark do private property rights extend? Who determines this? State, Federal or local law?

Can a jurisdiction be compelled to provide an anchorage or free moorings for transients? Can they by their mooring and anchoring policy effectively block boaters from access to a harbor for anything but transient passage?

Examples:

Huntington, LI. No anchoring, All private and for profit moorings. Several adjacent boat yards, marinas and restaurants with per foot tie up charges... except when taking on fuel or water.

Northport, LI hundreds of private for profit seasonal and daily rental moorings. Town pier free on first come first serve basis. Dingy docks for town residents only. Small dinghy dock for transients. Launches serve only yacht clubs or private mooring business. Anchorage not less than 3/4 mile from town and fuel dock.

Dering Harbor, LI - Moorings are controlled by one marina, one yacht club and one mooring service. Residents can install their own mooring using assigned grid location. Small dinghy dock for transients. No dinghy docks available for long term (over night) use. Anchorage 1/2 mile from town and fuel dock

Newport RI - Designated anchorages, mooring grid controlled by for profit businesses. Private moorings on designated grid location. For profit private launch service for any boat anchored or moored. Multiple fuel and water docks, Multiple marinas and boat yards. For pay dinghy tie up for transients. Multiple bath/shower facilities for boaters. Harbor patrolled and controlled by Harbor master. For profit tie ups for long term dinghies.


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## Minnewaska (Feb 21, 2010)

It is an interesting topic. 

Personally, I’m just not comfortable squatting on someone else’s property, without explicit knowledge that it’s okay. For example, the Portsmouth Yacht Club does say it’s fine to pick up one of their moorings on the Isle of Shoals, but you must vacate, if a member arrives. 

Beyond not knowing anything about the tackle beneath the surface, I just don’t think it’s right to put wear and tear, possibly even chafe, on someone’s personal property, without their permission. I know that over 90% of my sailing friends feel differently. Squatting overnight is almost an accomplishment to some. Arrive late and bail early enough that no one notices. Not my thing.

In fact, I had a delivery skipper do,so, when moving my boat once. He obviously felt good about saving me $30-$40 on one overnight, but in the grand scheme of the costs in a 10 day delivery, it seemed silly to me.

The public property argument is the age old freedom vs. property right thing that gets recycled through anchoring arguments too. The Federal Government owns our coastal waters and the seabed. They have delegated authority to regulate these waters and seabed to the States. In many cases, the States further delegated to local municipalities. 

The people simply don’t own or have an inalienable right to do as they please, any more than they have the right to walk into the White House and demand to sleep in the Lincoln bedroom. There is law that give the right to navigate, but not to do as one pleases.


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## outbound (Dec 3, 2012)

I’ve owned several different mooring in several towns in Massachusetts. Universally you go on a list kept by the harbormaster and wait years. Once you get it you are required to use equipment in compliance with the rules set out by the harbormaster. Your mooring is either placed by a vendor certified by the harbormaster or dove on at your expense to prove compliance. You are required to place a boat on it of a size for which the mooring permission was granted every year and you must own the boat. You are required to maintain the mooring. You pay an annual fee. If you not you lose the mooring. You do not own that spot. The harbormaster can at his/hers discretion place another boat on your mooring.
If I want to pick up a mooring while cruising I ask the local harbormaster for permission. Rental moorings info is available via internet. I prefer to anchor than pick up a mooring as I don’t trust moorings. In New England most open moorings mean paying a yacht club or service and at 35 to 65$ eats up the kitty quickly.


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## outbound (Dec 3, 2012)

Oh should mention nowhere in Massachusetts can you just drop a mooring. Not in a lake or pond nor in saltwater. It will be removed at your expense if you don’t have permission from local government. Only exception is a private pond of less than 100 acres which you own or have permission from the owner.


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## outbound (Dec 3, 2012)

Use Newport frequently. Anchor off ida Lewis. Ride dinghy into sailing center. No money involved.


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## Minnewaska (Feb 21, 2010)

outbound said:


> ....If I want to pick up a mooring while cruising I ask the local harbormaster for permission. .....


Precisely the right way to do it and, more often than not, I find the HMs to be very accommodating.

It's arriving after they leave for the day and departing before get back in the morning that I won't do.

I too prefer anchoring, where it can be done safely. That depends on a lot of factors: sea bed, depths, how crowded, max winds and whether they'll 180 while sleeping.

Surprised you like the Ida Lewis anchorage. I find it to be among the most crowed, plowed up anchorage in the area. Of course the anchorage north of Goat Island, while usually less crowded, has awful holding.


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## SanderO (Jul 12, 2007)

I prefer to anchor because I know the hook is set and the tackle is sized properly. Having said that you can generally get sense of the weight of the mooring by the diameter of the nylon used for the pennants. However many long LOA boats are slipped and so larger private moorings seem to be mostly for boats less than 45'. So a 30' sailboat is likely safe on any mooring with 3/4" pennants... maybe even 5/8". And the size of the loops. Big loops for big heavy boats.

The problem with picking up a "private" mooring aside from not knowing its capacity... is that you'll have to get off it lickity splint when the "owner" shows up... and this means you really shouldn't go ashore leaving no more to re moor or anchor the boat. So maybe you come in late at night and pick up a private mooring. There's a good chance that the owner has gone cruising and will not return early in the morning. Anything is possible.

Picking a mooring when anchoring is a good option is for lazy sailors who are not comfortable with anchoring... or perhaps the anchorage is too far out or away from where they intend to land their dink.

Tens of thousands of boats are on seasonal moorings... and many of the leave for week end or longer cruisers... leaving their mooring unused. It becomes a sort of musical chairs (moorings) as sailors sail to another harbor and pick up a mooring for a sailor who has likewise gone cruising.

I've sailed home to find my mooring occupied. The sailor has always been accommodating and gotten off it ASAP. No biggie.

++++

Some of the problem of the Feds delegating to the states and the states to a local government is that too often people who live land locked... have a boat are ship out of luck in getting a seasonal mooring or being at the end of a long wait list after all the locals are served.


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## MikeOReilly (Apr 12, 2010)

It’s always interesting to compare our different cruising realities. I can probably count on my one hand the number of harbours I’ve come into where there is someone called a Harbour Master available. When I’m talking harbours I mean mostly remote anchorages that are sometimes littered with private moorings from locals.

BTW, the last I checked Canadian law is that any citizen can place a single private mooring without prior approval or any cost. I think the only stipulation is that it can’t impede traffic.


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## MarkofSeaLife (Nov 7, 2010)

In Sydney Harbour the waiting list is years. Rented from private people costs thousands per year.
If someone decided to steal my mooring for a few hours I would cut him loose, beat the crap oytta him and take to his car with a winch handle. 

You socialists wanna get one thing straight if it's mine you die trying to steal it. 

No joke.


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## capecodda (Oct 6, 2009)

In my neighborhood moorings are more valuable than gold. The wait list in most harbors is nearly a lifetime long. I've been on one of them for 20 years, approaching the top; however, I may not live long enough. Out's description of the process is on the money.


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## TomMaine (Dec 21, 2010)

outbound said:


> Use Newport frequently. Anchor off ida Lewis. Ride dinghy into sailing center. No money involved.


You can still do that! I'm headed down that way in a few weeks. Some years ago, we anchored in front of Ida Lewis and had a great few days.


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## capta (Jun 27, 2011)

Quite simply, down here in the Caribbean, no mooring that you haven't set yourself is necessarily going to hold your boat. Even official ones set by park authorities are not set to any standards and maintenance is nearly nonexistent, at least until it breaks.
Generally, if you take a mooring down here, even one you have paid serious money for, and it breaks, allowing your boat to float away or drift onto a reef, it is your responsibility and no one will pay for your damages. The one exception, according to what I've heard, are Darren's moorings in Prickly Bay, where Darren has been known to do the right thing. But, the mooring still failed!
With our mooring next season and our charter schedule, it must be open when we need it. Were someone to be on it and not aboard when I arrived, I'm not exactly sure what I'd do, but I would be a good bit vexed. I usually have about an hour to take my mooring, clear customs and offload my passengers. 
IMO, private means exactly that. You wouldn't want me parking my RV in your driveway without asking, would you?
However, if in the situation I encountered in Aukland NZ, where all the slips in the marina were private and anchoring was *not* possible, I cruised the slips until I found one large enough for the boat (65' gaffer) with the lines in the water and filthy with marine growth. I secured the boat and went to the office and they gave me the owner's phone number. He was having a new boat built and had no need of the slip for some months, so he had no problem with our staying until he needed it. He absolutely refused payment, so we took him and his wife out to dinner one evening.
The same philosophy might be used when seeking a mooring, but you still wouldn't have any idea about whether it would hold your boat safely.


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## outbound (Dec 3, 2012)

Even slips aren’t too reliable some places. Have had dock cleats pull out in wickham key roadtown. Have taken to use cleats supplied and look to use ways to tie to structure as well when forced into a slip. Carry extra firehose chafe gear for that purpose. Have also taken to put the loop on the dock cleat and the figure 8 on the boat. Two reasons. To get out of dodge quickly if the boat next door catches fire and to release boat while on deck if the slip structurally fails. 
Suggestion- don’t throw out lines that have wear in just one spot like a halyard that’s worn where it goes over the masthead pulley. If the rest is strong you have two 65’ dock lines in a pinch 
Rather trust my rocna and chain as others have stated.


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## Maine Sail (Jan 6, 2003)

You guys might want to look into the Submerged Lands Act. This Federal act essentially granted each State full control over the seabed, within the 3 nautical mile limit. So the answer to the question is really one for each State to decide.

Here in Maine the State cedes control to the local municipalities. In areas with limited or no local municipality (lack of a harbor master etc.) the ACOE manages local waters. So yes, in Maine, a mooring can be legally permitted and placed and is not in _Federally controlled waters_ it is in State/local controlled waters.. Each of our moorings has a _legal permit_, requires inspections and must be maintained & serviced to the rule & laws of the town. Our neighborhood is so old we actually have "_deeded mooring rights_", not entirely uncommon in Maine. We still pay a permit to the town, and must follow the laws, but our right to place a mooring in front of the house can't be revoked by the town. In our town once a year any illegally placed moorings are removed, by the harbor master, at the owners expense, (when they can find them). The only reason I know this is because our community has had to deal with waterfront access laws from a legal & liability stand point and I have served on the waterfront committee a number of times over the years..

With that said, a number of weeks ago I placed our boat on our mooring in Falmouth ($250.00 per year permit fee). In the interim 10 days between un-winterizing and placing our boat on it, someone squatted on it. To me this is no big deal, if they take care of it and I am not there and the Harbor Master has been notified a different boat will be on our mooring for a bit. My mooring guy had some service work to do (replacing the top chain) and assumed it was our boat, or a friends, so never paid attention to the name. The boat was described as a "derelict looking" home made_ish_ sailboat. This event occurred before the town docks and Harbor Masters boat went in (town docks destroyed last fall in a Nor' Easter) or I would have had a quick phone call, from the HM, because the boat on the mooring did not match ours.

The squatter boat destroyed two brand new Yale Polydyne mooring pendants & they looked to be chafed/ground by a bob stay or rough chocks. This trespass incident (Harbor Masters definition) will cost me about $500.00 to remedy. I now have $700.00 in new chain, swivel and shackles this year as well as close to $500.00 in the first set of new pendants. I will now have to spend $1000.00 in new pendants, thanks to someone illegally using our _legally permitted mooring_... The damage & technical "trespass" has been reported to the harbor master and if the boat is seen again the owner may be charged with trespass. I can then attempt to recover damages.


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## outbound (Dec 3, 2012)

One of prior moorings was in Plymouth ma. Coming home from Bermuda found someone on my mooring. Plymouth is a harbor of refuge but no recent storms. Called harbormaster. No answer. Called CG. Offending boat was removed and impounded on state pier. Pendant was chafed. We used our dock lines to secure. After some weeks received check to be “made whole” from offending boat’s owner. Was told offending boat was kept at state pier until legalities were dealt with. My harbormaster was hard ass. I had one of the very few moorings that could support a 40-60’ boat in a storm. Harbormaster told me between mine and others he liked to keep at least 2 of these moorings free at all times. He was truly pissed this sport fish picked up this mooring and just left. Apparently they had to use boat name/home harbor to track him down. So the HM threw the book at him.
Lesson is if you do pick up someone’s else’s mooring and you are in violation of local law you maybe in for a sh-t storm.


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## SanderO (Jul 12, 2007)

Maine Sail said:


> .....
> 
> The squatter boat destroyed two brand new Yale Polydyne mooring pendants & they looked to be chafed/ground by a bob stay or rough chocks. This trespass incident (Harbor Masters definition) will cost me about $500.00 to remedy. I now have $700.00 in new chain, swivel and shackles this year as well as close to $500.00 in the first set of new pendants. I will now have to spend $1000.00 in new pendants, thanks to someone illegally using our _legally permitted mooring_... The damage & technical "trespass" has been reported to the harbor master and if the boat is seen again the owner may be charged with trespass. I can then attempt to recover damages.


This is positively awful. What is unfortunate is how inconsiderate "squatters" are. At the very least since they are getting "something for nothing" they could at least take care of what they are using... putting chafe gear on so there is no chafe to the pendents.

Years ago I had a rental mooring in DH. However Michael who built, installed and rented the moorings was on the water daily to make sure everything was copacetic... and of course to assign transients a mooring and collect transient rental fees. As he was on the water before the season began and after it ended it was reassuring to those who had seasonal moorings in the harbor. The yacht club ran a launch and they too were keeping an eye out to what was going on with the moorings. Most seasonal renters are not present during the week, ie not on their boats. Knowing that someone is keeping an eye out is reassuring.

One season I had a seasonal mooring in Sag Harbor. A micro burst can thru and in a few short minutes a boat chafed through its mooring lines and ended up on the stone jetty. Shiva held... but one of her lines was essentially destroyed from chafe! The boat yard called me to tell me to get out to the boat and check. This was the year I installed a very stout bow eye with a very heavy braid on braid line and a mooring compensator. No possibility for chafing. For this to fail the 1/2" stainless steel would have to wear and part. The snap hook was rated for 11,500#.. barely enough for a hurricane. And yes I have had these wear and sail. But the fall back was the 2 slack mooring lines. Those held and the entire mooring was dragged 700 or so feet downwind through the harbor in superstorm Sandy.

Chafe is the enemy of the sailor. Most of the boats I have seen on the beach after a hurricane chafed through their mooring lines.


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