Mys Terry wrote:
On Thu, 01 Jun 2006 14:02:32 -0400, Jeff wrote:
....
That section, of course, says absolutely nothing about charging for
anchorage behind a federal breakwater. So you were blowing smoke out your
ass again.


A few points to be considered:

Where are you premitted to anchor, and where are you not permitted to
anchor in navigable waters?

Who can legally prohibit anchoring in navigable waters?

If the Federal government has jurisdiction over navigable waters and
has not made a prohibition, you can anchor in any navigable waters in
the United States without charge.

That means that the only way you could charge someone to stay in
navigable waters within Federal breakwaters would be to rent them a
mooring or slip. Unfortunately, the Federal government says you can't
do those things, because to install moorings or dockage they would be
in violation of... 33 U.S.C. § 403. Obstruction of navigable waters
generally; wharves;piers, etc.; excavations and filling in

Oh, MY!!!


So you're claiming that all of the marinas and mooring fields in
Inland Waters are illegal??? Oh, MY!!!!

In reality, all this says is that the Feds have to approve any such
projects. Try, for example, to anchor in Scituate MA. Navigable
waters, breakwater built and maintained by the Feds, who recently paid
for major dredging. No anchoring permitted, but you can rent a mooring.




No, I'm claiming that New Harbor is presently designated as
restricted. As it stands right now, the town cannot do what it wants.

New Harbor? I thought we were talking about Old Harbor. They are
different places; you would know if you had ever been there. And the
restriction listed on the chart near New Harbor are "local ordinances"
not Federal restrictions. In fact, I've found no mention of
restrictions on Block Island in 33CFR or the Coast Pilot.


Wheter or not they can get Federal permits for any or all of what they
want to do is a matter of pure conjecture. The Harbormaster has
already personnally run afoul of the Corps of Engineers in another
matter. They probably are going to look at this VERY carefully. That
might take a while. How long are you planning to live?

Pretty pathetic backpedal here. Obviously any waterfront changes
require a passel of approvals. This is quite different from your
claim that its completely illegal to charge in any navigable water.

Personally, I don't care one way or t'other - I never much cared for
Block - the Vineyard is more to my liking.