Any Maritime Lawyers here?

[David Morton]

Maritime Lawyers?

I have some questions, following a recent experience anchoring on my annual Maine coast cruise, concerning the legalities of mooring placement and ownership.
There seems to me a disturbing trend of the appearance of moorings, placed by individuals or private clubs, in many of the most pristine and valued public anchorages along the coast, far from the club’s home port. Recently my buddy picked up one of these moorings in Hell’s Half Acre, a small and lovely anchorage in Merchant Row, near Stonington, ME. I chose to drop my anchor in what was limited space, between that mooring and another empty, unidentified mooring. Just before dusk, a Hinckley sailed up to my friend’s boat and declared the mooring the property of his Mt Desert Yacht Club and demanded he vacate and yield the mooring to himself. My friend complied easy enough, but I was pretty annoyed.

Firstly, what is the legal status of these moorings? Seems to me, without authorization from the appropriate registry, whether it be local harbormaster, state, or fed, these moorings have no rights and are essentially “abandoned” items on someone else’s property. Can someone just drop a mooring anywhere and claim ownership rights, not only to the bottom beneath, but the swing radius of his rode? Not only do these moorings make claim to valued public space, but most sailors would feel obligated to allow swing room at the time of dropping the hook, even for an unoccupied mooring, should someone come later and pick it up for the night. Often this severely limits the options in what is often small, shallow, narrow anchorages. I know of several jurisdictions along the coast that are now removing these moorings as illegal trespassing, so I believe my annoyance is shared by many.

Secondly, forgetting the illegality, what do you think is the proper etiquette? Would you kick off another sailor if you showed up and someone had picked up your club’s unregistered mooring? Should my friend have given up his space so readily? (Given the Hinckley owner was elderly and polite I probably would have done the same, but we are talking principle here).

What say you all?

David

[Jim Walsh]

This document may provide some help. It has a lot of resources and contact info.
http://maineharbormasters.org/Harbor%20Management.htm
Your level of frustration is evident, I would have been similarly effected under those circumstances. I've read in the past that Maine is now rife with "squatters" moorings. It's a sad situation.

[CD_Sailor]

... what is the legal status of these moorings? Seems to me, without authorization from the appropriate registry, whether it be local harbormaster, state, or fed, these moorings have no rights and are essentially “abandoned” items on someone else’s property. Can someone just drop a mooring anywhere and claim ownership rights, not only to the bottom beneath, but the swing radius of his rode? ...

A deceptively complicated question with no easy solution in view.

Where you are in Casco Bay, the region is relatively "developed" in the maritime sense, and I suspect that local harbormasters are on top of this subject. However further east where it tends to be less crowded, the question is not susceptible to a simple answer. I would be very surprised to learn that any coordinated set of rules or regulations apply. In some jurisdictions local authorities can pull any mooring they deem "abandoned" and be done with it. In other jurisdictions authorities have limited private moorings to one per "home front" (strange as that may seem). Nothing rigid at all about this.

Yes, these moorings often clog up the best spaces in some of the best anchorages, but the reason for that is clear: these are just good spots. In my experience this has been going on along the Maine coast for much longer than the 30 plus years I have been visiting. I don't suspect it will change. Note that this is not the case when these free-lance moorings interfere with lobster fishing professionals.

Aside from space considerations, I am always a bit surprised to see strangers pick up an unknown mooring and make the tacit assumption that it is safe. Aside from size considerations, I would deem it foolhardy to rely un unknown gear in any situation where weather could become an issue. In fact it used to be (and I hope it still is) very bad form to pick up such a mooring and then leave the boat unattended even for very short periods of time. In such cases the boat should always be attended by someone capable of moving it and setting an anchor safely. Just common sense (and courtesy).

Finally, in practical terms using such well placed moorings in controlled conditions (reasonable weather, occupied boat, etc.) might just be the simplest answer. An unmarked mooring in a sweet location is a very tempting target.

[Joe CD MS 300]

My understanding was that the Corps of Engineers control the placement of moorings in areas that are not under the jurisdiction of a harbor master. I read through the regulations link quick but did not notice a reference to that. Maybe need to give it a better read. I believe that Perry Creek (also a prime location) has several moorings that are not of adjacent land owners.

[Maine Sail]

David,

I would strongly suggest you start locally with your own town. Harpswell (and I am a former resident) is one of the worst offenders for allowing "place holder" or "squatter moorings". Quahog bay is becoming infested and the Goslings are a mess riddled with "place holder" moorings. Now even Little Whaleboat is getting loaded with "place hoders". The practice of setting place holders is the epitome of selfish arrogance.

If you can't get your own town to stop the practice, and PLEASE DO TRY, as a card carrying tax payer, you will have little success elsewhere along the coat where the mooring permits by harbor masters are even less stringent.

I have no problem when local residents, riparians or islanders place a "storm mooring" for use during storms as long as they allow cruisers to use it when they are not using it. Perry Creek would be a good example of locals placing storm moorings. Sadly many of those moorings in Perry Creek are not storm moorings and they are "place holders"...