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Random Quote: If we don't catch fish - you don't come back!
Lets say for example - as a developer - you excavate a marina out of land you own and flood it with water to create a marina.
Then a customer comes along and rents a slip in that Marina.
Is the waters of the marina 'public waters'?
Do the public have a right to sail around the marina for a looksee - fish in the marina etc as tho it is "public waters"?
Can you kick someone else OUT of your slip if it IS "public waters"?
Why shold you have to pay rent on something that is "public waters"?
Can I set up a private fee charging system, on a public carparking area????
Reason I ask is this.
Kevla Cats in a slip in said Marina.
Waiting on marine transport department to decide whether they will allow it into survey!. License comes up due for renewal - & I know from experience it can't be licensed as a recreational vessel AND a commercial charter vessel at the same time, it has to be one or the other.
Sooo, I figure - the boats in the slip - I'm paying rent - it's not being used, it's the same as if I had it on it's trailer parked in my back yard right?
Well the transport department inspector has nothing better to do that cruise around the marina checking out who's boat license has run out...anmd issues a $200 infrigement niotice for having an "unlicensed boat in a public waterway".
Stuff me drunk - the reason it ain't licensed is because Transport can't decide which license it has to have!
It's in a private bloody slip, to my way of thinking - if I'm paying rent on the bloody slip!!
Will transport department be driving around the neighborhood spying in your backyard to likewise charge you if your trailer boat is not being used but runs out of license?????
Talk about a harbour nazi!
So - whats the consensus?, is your paid for slip - 'public waters' or not?
At what point do the govt OWN the water in the hole you dug in your own property to make into a marina? How does your slip you paid for become "public waters"?
Well, Trouty, maybe instead of trashing OUR country's president with reckless abandon, you ought to pay more attention to what's going in your own neck of the woods.
From what I remember of real estate law, It comes down to what rights are onwed regarding the land under to docks. Here in the Florida there are some bodies of water that ownership extends out under the surface. There are some (like at the beach) where ownership of the land stops at the high water line (can't remember if it a 500 year line or annual). If you marina owns only to their seawalls then it is public waters and they actually don'e even own the docks (unless the land under the docks is leased from the gov't or state).
So lets take this logical conclusions discussion further.
Your tied up in your slip at the marina...sitting about on the boat - havin a few beers with your neigbours from their boats.
You have say 4 life preservers onboard, and one too many beers under your belt.
A couple of your neighbours come over to your boat (along with you and your good wife & deck hand, and NOW suddenly you have 5 people on your boat (and a couple sitting on the finger dock).
Can coastguard now boardyour boat - charge you for having more passengers on your boat in public waters than life preservers AND being DUI while in conrol of a boat in public waters?????
Could make amess of a "sesible decision to "stay at the dock" for a BBQ and few beers with the neighbours instead of risking life and limb at sea on a day when the forecast wasn't too good - couldn't it!
Do the :"right thing" and stay in dock - but end up in jail (or with a hefty fine) for your trouble!
I mean - the wife was there to drive you home safely in the car so you decided to party a little and have a few more beers than usual - now suddenly your a felon?
Public waters remember!
Soo - what do we think about your slip being pubglic waters now??? Is it right or wrong????
Isn't having your boat in a slip you pay to rent the same as having your boat on a trailer in your back yard?
In the same scenario above....but on your traiuler in your back yard, you probably couldn't be charged with being DUI in charge of a boat and having too many passengers for life preserves aboard...but If a slips "public waters" then all bets are off!
If the slips not public waters - then the Marine Transport inspectors can't fine me for having an unlicensed vessel in public waters because the license ran out and they hadn't got around to deciding which license it needed to have! IMHO
Well, here in Virginia, if your car registration runs out, and you have the car at your house, you can still get a ticket. I recall police doing the same thing. When I lived in a town home the police would come through the community on a regular basis and do just that...and yes they got me once. But if they see it at your house they can do the same thing. Not sure if this is comparable, but I feel your pain.
Well, Trouty, maybe instead of trashing OUR country's president with reckless abandon, you ought to pay more attention to what's going in your own neck of the woods.
- I reckon YOUR el presidente - has got hold of my Prime Minister (His self described deputy sherrif of the south pacific) and said "now look here Johnny mah boy, that trouty dude a yours from downunder is creatin havoc down dere in Floridaaaahhh in the boatin community at THT - and I wants you to bring to bear the full force of your government agencies to silence the fat lil bugger, ya hear??!!!
Yup yup yup - we call our Prime Minister "Bonzai!"
Bonzai?
Yeah - a miniature Shrub!!!!
I'm damn sure he's getting his orders direct from G Dubya hisself!! he he he!
Here at least -if your riding a horse and drunk - you can get dome for DUI.
But - if the hosrtse is pissed as well - he gets off scottt free!
Same thing - lose your drivers license for DUI, so you take a bicycle to the pub and ride it home full of wobbly sandles juice, and your done again DUI.
Heck the cops got a guy here the other day for riding a bicycle along on the footpath while talking to someone on his mobile phone! I'm surprised they didn;t get him for no seatbelts as well!
I think if "your in control of the vessel" (drifting, anchored or berthed in a slip) then your it!
Something tells me this harbour Nazi has overstepped his powers - i just want to see what others think!
Now if you were having your cocktails while tied to the dock and somehow your boat started taking on water. You reach for your flare gun and shoot and somehow the fireball lands in the nazi boat. Is that a problem? Are you guilty of SAUI (shooting - Sorry, I will learn to watch my language -s under the influence)?
I think you're on to us Trouty. We here in the U.S. of A. sent some covert operatives down under to destroy your country's economy, beginning with boating. All of this can be found at http://www.insanerantingsofaussieconspiracytheories.com They are monitoring every keystroke on your computer too. You should immediately cut the line to your modem. Then to protect yourself, completely cover your head with aluminum foil. No, make that a plastic bag.
Wait for further instructions
To offer a somewhat serious reply to your original question, in the states it depends on the state and/or local laws. In Texas, for example, any water that has public access to it is public water. So if you have a lake and you own all the shoreline, then it's a private lake but if there is a public boat ramp on it on public land, then it's no longer private. Make sense? In the case of a marina, well it connects to navigable public waterways so the water in it is public as well, meaning that if someone wants to look around or fish in there then you really can't do anything about it. As far as the slip is concerned, in Texas you're paying for access to the private dock and a place to tie your boat up. If it's a lift slip then you're paying for that as well but you are not paying for the water around that dock that your boat sits in.
I think that your ticket is clearly a stretch but if your laws are written the same as ours then it will probably stand. If it were in a lift though, I think you'd clearly be in the right since the boat wouldn't actually be in the water.
I don't know the answer to the DUI and Coast Guard issues. In Texas you can't get a BUI (we have a seperate offense for boating) in a boat at the dock, you have to actually be operating it. The CG can certainly board a docked boat but I'm not sure if the requirements for life jackets and such would be the same as if the boat wasn't docked. They probably are.
If you shot your smart mouth out at the* Aussie "natzi" the way you shot your mouth trash about my Country's President you deserve anything your loud mouth gets ya!
there must be some sort of special law or easement that covers this matter --(something similar to the faa law/regulation that allows planes to fly in the airspace over your property).....
for example, in maryland, i am almost positive that the property line is the median tide line....regardless, even if i'm wrong on that my dock extends beyond that....am i trespassing on the state??? no....if i am they sure don't enforce it on me or anyone else....maybe when a dock permit is approved that is considered to be the states permission to enter on their property and the docks that were there before permits were just grandfathered in.....i dunno. interesting topic...i'm sure someone will eventually come on here with an answer.
someone who owns/operates a marina should know the specific property rights and the laws pertaining to this issue....
Trouty,
Assuming this is a legitimate question, will take your bait now, knowing that I will reget it later.
I am an engineer and not a lawyer, but this seems simple to me, unless you are smokin waaacky taaabaky.
Landowners and governments own land, and govenments own an regulate bodies of water.
Your land rights end at the middle of the river channel, mean high tide, etc., and gives you the right to conduct your business in a lawfull manner on land. If you are acting up, the law has a right to come on your land, your boat or your space craft to arrest or fine you, and yet your property rights are still intact.
When you dig or build a marina, you first ask permission to extend or change your property line that butts up against your water neighbor or the government. If they say ok, you can do anything lawful that you want on land or on seawhile you pay your taxes.
So, whether you have your boat in the water or on land you have to abide by the law of the land, including paying yearly fees, as long as you are within the boundries of your country which extend 12-200 miles offshore. If you want to use a body of water, you can apply for a concession or lease for that body of water, but you still have to abide by territorial or federal law.
I realize from some of your past remarks on KevelCats, Marine Surveys and endless other topics that you are a tornado tizzy at the moment, but I would pay the fine.
And remember, don't try firing a shot at this inspector while you are jumping into the air to claim that while in the air, you are not in Australia.
Your Marina Slip is "public waters"? 
to destroy your country's economy, beginning with boating. All of this can be found at 
