Edd, Just so you know, you only own the tackle, not the actual “mooring” or space underwater in which your gear is located. As I understand the law, if it is a navigable waterway, ultimately the Army Corps of Engineers has final jurisdiction.
Is the mooring field in any way regulated by the town, city, or county in which the mooring is located? I’m assuming there’s no harbormaster or else that would have been your first call. In most municipalities having public mooring fields, you likely pay a waterways fee or some other fee to a regulating authority, especially if you own your mooring tackle. Sometimes the State EPA has some oversight of waterway use. New York State Marine Police would be the next option if the city has no regulatory options for the harbor. If you get no satisfaction from them, you can simply remove the boat from the mooring and let Mother Nature sort it out. Lastly, you could call the Coast Guard and claim that there was a derelict vessel adrift and you prevented damaging other boats by putting it on your mooring. Then ask them to retrieve it.. Do you pull out your mooring tackle at the end of the season to prevent damage from freezing etc? If you replace your top gear with a winter stick, I would do that at your soonest possible time to prevent mooring poachers from latching on to your mooring moving forward. Chuck Gilchrest S/V Half Magic 1983 Landfall 35 Pandaram, MA From: CnC-List [mailto:[email protected]] On Behalf Of Edd Schillay via CnC-List Sent: Thursday, November 9, 2017 11:42 AM To: Edd Schillay via CnC-List <[email protected]> Cc: Edd Schillay <[email protected]> Subject: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List? Listers, Looking for some advice/experience on this non-C&C issue: As most of you know, I hauled the Enterprise for the winter about a month ago. The company that winterizes moorings has informed me this morning that a boat (no mast) has been on my mooring for a few weeks now (without my permission or knowledge.) The mooring is owned by me. Same with the mooring ball and gear. There is nothing that is attached to this mystery boat that can be considered club owned or public domain. I have reached out to the club to see if they know anything about it, but no response. My club is very loose when it comes to people’s property and rights. Anyone have any suggestions on what my next steps would be? TowBoat US doesn’t seem to want to touch it. Do I call the police? What would they do? What can I do? I’m under the impression that this falls under theft and trespassing. Any thoughts? All the best, Edd Edd M. Schillay Starship Enterprise C&C 37+ | Sail No: NCC-1701-B City Island, NY Starship Enterprise's Captain's Log <http://enterpriseb.blogspot.com/>
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