Squatter On Your Mooring Ball ( Canada )

[Mike OReilly]

Originally Posted by markpierce

Wondering ... Do you have legal title, recorded? Can one go to the public records and find that you have ownership? Can one just plunk a heavy weight in public waters tied to a float and claim exclusive rights to that space with its associated float? What rules apply to your harbor? Do you have a lease with the local government, whatever?

As I read the legislation (Anchorage Regulations under the Canada Shipping Act), as long as you comply with the regs (as Elysium has done), you can place a single mooring pretty much anywhere. It is yours if you mark it properly, and otherwise comply with the law and regs. No license or lease is required.

[familycruisers]

Maryland has similar mooring laws. I would have handled it just as the OP did for the most part. If the boat doesn't get moved I think I'd pass "my problem" on the the closest neighbouring vacant ball. (sorry in advance neighbor! )

[epistosaurus]

Originally Posted by rockbottom

Lhim to leave. There is no such thing as an unregistered cell phone in canada unless he/she used false?/.

Thats not quite true. In Ontario you can walk into any 7-11 store pay cash and get a cell phone, which only requires some id numbers they give you at the store to register and get running. Done it couple of times.

[Capt Phil]

Congratulations on finding a solution to your problem without resorting to my ultimate resolution, Elysium. I recall teaching sailing on Cal 20's out of Tsehum Harbor for Les Alfreds' Gib Set Sailing School back in the 60's and it is not a large harbor. I can imagine how crowded it must be getting 50 years later. If some one pulled the same caper in Avalon Harbor on Catalina Island, I'm pretty sure the Harbor Patrol would use my solution but do it in broad daylight. The mooring balls in the 50-60 foot range are going for around $100K each so they are a big investment. Tight lines and straight shootin' to ya... cheers, Capt Phil

[Canibul]

and I'm sure many of us had solutions in mind that we would never have put in writing, much less posted on a public forum.

It's always important to first define the mission.

[tager]

I didn't read the whole thread, but I read the first page and... you guys are disgusting, I am ashamed to be a member of this community. No single person suggested just talking to the guy? How hard would it be to treat the owner of the "near derelict" vessel like a human being? Sure it may be hard to get ahold of him, but that is the best thing to do! Why waste the time of the police or the harbormaster when you could handle the situation peacefully yourself?

The whole first page was "Shoot the guy" "Call the cops" and "Call the harbormaster" etc.

Why not... "Talk to the guy!"

It would work, it would not waste tax dollars, it would be the fastest way. Somebody is going to have to track the owner down and talk to him, it may as well be you!

[hummingway]

Originally Posted by tager

I didn't read the whole thread, but I read the first page and... you guys are disgusting, I am ashamed to be a member of this community. No single person suggested just talking to the guy? How hard would it be to treat the owner of the "near derelict" vessel like a human being? Sure it may be hard to get ahold of him, but that is the best thing to do! Why waste the time of the police or the harbormaster when you could handle the situation peacefully yourself?

The whole first page was "Shoot the guy" "Call the cops" and "Call the harbormaster" etc.

Why not... "Talk to the guy!"

It would work, it would not waste tax dollars, it would be the fastest way. Somebody is going to have to track the owner down and talk to him, it may as well be you!

I guess you didn't read the thread very carefully.

[Elysium]

Originally Posted by markpierce

Wondering ... Do you have legal title, recorded? Can one go to the public records and find that you have ownership? Can one just plunk a heavy weight in public waters tied to a float and claim exclusive rights to that space with its associated float? What rules apply to your harbor? Do you have a lease with the local government, whatever?

I think these questions have all been answered now markpierce... No, I did not file for a foreshore lease. It is only required if I had more than one ball, or a few other non-relevant criteria. The RCMP said it would only give me one more feather, so to speak, but was not required to deal with this situation. I have not been able to find the cost of foreshore lease on the Transport Canada (a federal agency) website, so might just fire them an email. If it is cheap, then why not. When last I spoke with a TC rep, they said it ran on a 50yr lease.
I don't think the Public Records office would not be involved in something like a foreshore.
Tsehum harbour has 'some' extra criteria around placement of the mooring. They have designated a Navigable Channel, where you cannot anchor, moor or leave crab trap floats. Outside of this you need to follow the rules mentioned in the link I provided earlier.
I have attached a map and the TC policy to this post. Hopefully the upload works.....

[Elysium]

Originally Posted by tager

Why not... "Talk to the guy!"

Tager...as mentioned in the first post this was tried. The only link I had to an owner was the cell phone.....which has no voicemail and has yet to be turned on. I also polled other local liveaboards and they had assumed it was my boat. No one knew who the owner was...until I contacted the authorities.

[rockbottom]

Originally Posted by hummingway

I guess you didn't read the thread very carefully.

I read it carefully and think most your advise is disgusting, afraid to talk to the guy is what i read and your looking for a buffer to solve your problems. Perhaps you have turned it into a "landlord and tenant matter" and watch how quick the RCMP back off when legal aid gets involved.

[Cavalier MK2]

Interesting thread. I have had people try to use my mooring without permission so I just keep a dinghy or project on it when I'm away. It is always best to go by the book to protect yourself from over reaction or legal action. If the owner is aboard starting a conversation, learning about them and either asking them to leave or charging them for the time is very effective. If nobody is there treat the boat as you would hope yours would be treated and re-anchor or if a outboard tie it to shore on a soft beach. Notifying authorities can be effective, in many areas in WA your Sheriff handles shore patrol issues. A friendly call with the boats registration and location it has been safely moved to can help the absentee owner "remember" his boat and quietly retrieve it. We've had a mooring in the same place for decades on a bay outside city limits in front of our residence- I'd be interested to learn what agency in WA to register it with. We work with the other residents when accomodating other moorings or recovering old ones. Our locations are GPS located and stored with the local salvage diver who handles out maintenance. We use "ecology" concrete blocks of a design of mine that permits the renewal of all metal components without having to remove or renew the blocks. Currently new concrete anchors are not allowed which is unfortunate as they support marine growth and don't rust into the surrounding waters.Most people lose interest in keeping their mooring active after a couple of years as the realities of a not great anchorage with a long dinghy haul over tide flats or rocks become apparent. I do think coping with these things in a neighborhood way makes sense as we watch out for each others boats and docks. I think it isn't right to drop a mooring in a vacation spot unless you have the land to go with it. Boat ownership is a lot of work and keeping it safely moored takes more. If people have boats but limited time trailerables or marinas make the most sense. In salt water anything on a unmaintained mooring is only going to be there for a few years.

[Elysium]

All, just to be extra clear here, and in the hopes of stemming some of the aggression in the Post - This is not a 'convenience' mooring in the harbour. My marina slip comes up for renewal March 31, and I will not be signing up for another year. As mentioned, I cannot afford it.
That particular scenario certainly would be unfair in a crowded, sought-after harbour.

[Cheechako]

Originally Posted by delmarrey

In the USA one has to get a permit from the Harbor Master and the mooring has to approved. Which is fairly easy up here in the PNW but the farther South you go the harder it gets.

>>>> Mooring Fees Comparison for southern California 2010

South Beach Harbor: Rules & Regulations

I thought I read that the Coast Guard had to approve moorings in navigable waters?... is that old info? or only outside city limits?

[tager]

As posted in line one of my post: I did not read the whole thread! Calling a cell phone does not constitute talking to a person. I was thinking of actually talking to the person. Sure there is footwork involved, but you gotta do what you gotta do. Would you rather waste the time of the police on something so petty? You can call a cell phone, you can call the police, and you can post in a forum, but can you talk to an actual person?

[sailorboy1]

Kind of like the person who put their boat on a mooring labeled private and with a phone on it calling the person who owns the mooring before putting their boat on it and leaving?

Come on tager go read the begainning. It is not really reasonable to spend ones time chasing down some a-hole to be nicer to them than they were to you.