The "rights & rules" of using a private mooring?

R

RussR

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Growing up in the Long Island Sound area, private moorings could always be "borrowed" if vacant, as long as you realized you must immediately vacate if the owner came for it. In places like Hamburg Cove, probably 80%+ of the boats there are "borrowing" someone's mooring. I've always heard that this was acceptable & that in particular, "harbors of refuge" & in harbors dredged with federal money, this was the law.

In recent years, I've been harassed by yacht club launches, the threat of having the Harbor Police sent out after me, etc., for even tying up to a private mooring for a quick lunch. Kids in unmarked boats have come up looking for $30.00, saying it's their mooring. Have the "rules" been changed by local yacht clubs, private marinas, local Harbor Commissions? Can these organizations change the "rules" if there are federal regulations? While the owner of the mooring has spent money on it, it's "parked" on "our" property.

Are there federal regulations on use of moorings, or is it more local regulations, local customs and/or what yacht clubs & private mooring holders can get away with?

Russ
 
I agree with the concept of private property. No one should tie up at a private mooring with permission. Many places have "community moorings" that may cost a bit but that's what they are for. Using someone's mooring without permission is trespassing, there's no other way to consider it.
 
The treaties are only valid in international waters - well beyond where you'll find a mooring. And Maritime law is federal law per the constitution.
 
Moorings are typically under the control of the local community. They issue the regulations and authorizations, once the concept of the field has been approved by other jurisdictions. The issue of international treaties is of no consequence because we are talking US boats in US waters. The bottom line here is that the mooring is property. If it's not your property, stay off of it.

As far as anchoring is concerned, if you were too close to the mooring, you should have moved. The guy may be ready to call it a day and shouldn't have to worry about an anchored vessel hitting his boat. No one here, hopefully, would use someone else's slip or dock, or anchor in a manner that would prevent the owner from entering his slip or dock. The same applies to moorings.

It's this type of disrespectful behavior that is causing many communties to ban anchoring in their waters and install moorings that they can rent.
 
Russ, I would guess that the marina's right to rent your slip was clearly established in the contract you signed. Personally, I'd find a different marina. Do you get some of the revenue generated by the rental?

I don't buy the arguement that this is something other than a simple question of respect for the property of others. You all can rationalize that there is some sort of conspiracy among the big boat owners and the local politicians but many mooring fields are controlled by marinas. There is also no inherent "right" to anchor your boat wherever you please. A seasonal mooring can rent for $1,500 a season, not to mention the cost of installation if it's a new one. I just can't understand anyone's arguement that, somehow, these are public property. Under that theory, it would be OK for someone to park in my driveway if my car is not there or to move into my home if I'm away on vacation.

There is a very strong maritime tradition that is quickly disappearing. That is the tradition of respect and concern for your fellow mariners. Unfortunately, we have far too many boat owners and too few mariners out there. Hopefully, we can convert some of our boat owner readers into mariners - captains who will place safety ahead of speed, who will honor (and learn) the rules of the road and who will treat other mariners with respect, including respect for their property.
 
John, and how would you feel if you got there and the boat tied to your mooring was unoccupied? However, the issue here is one of respecting other's property, whether it's a million dollar boat or a ten dollar rake. As far as moorings are concerned, based on my experience watching people anchor, or try to, I'd rather not have it damaged. The first time your boat lets go in a storm, you may change your mind about public use.
 
John, obviously you have no problem with someone using your mooring. However, others do. Therefore, unless there's a sign on it that says, "Howdy, stranger, tie up if you like," no one should tie up to a private mooring without permission. Personally, my biggest concern would not be the use of the mooring but mishandling of the lines, some idiot powering back while attached or doing something else that would weaken it. After the next Nor'easter, it would be nice if the boat was still there.
 
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