Town of Wellfleet, MA - Wellfleet Marina Mooring Regulations

2003 MOORING REGULATIONS

THESE REGULATIONS SHALL SUPERSEDE ALL PREVIOUS REGULATIONS

The Town Of Wellfleet mooring regulations have been established in order to provide the most efficient and optimum utilization of the Harbor, to provide for the safety of moored and berthed vessels, protect the environment and water quality, and to provide space for all users of the Harbor. This shall be done by controlling the placement of moorings, establishing standards for mooring tackle, provide for the safe disposal of oil and septic waste, and by establishing regular systematic mooring inspections.

It shall be the responsibility of the applicant/boat owner to ensure compliance with the law and these regulations.

These regulations/specifications are the minimum and boaters can exceed same except where it would be unsafe or hazardous to do so. Each boater is encouraged to contact their own specialist in such matters for advice as may relate to the particulars of their vessel and location. While the Town has made reasonable attempts to develop specifications believed proper, they are not a guaranty or assurance of a safe mooring, safety or assistance. Due to weather, use, and other factors over which the Town has no control, ultimate responsibility and liability rests on the individual boat owner.

For a chart of the Town Mooring Basin and the Federal Anchorage, see Appendix A

a. Any person wishing to moor a vessel in the Wellfleet Harbor mooring basin or Wellfleet waterways must first obtain permission from the Harbormaster to place and maintain such a mooring. Mooring assignments will be fair and equitable and open to all and assigned on a first come first served basis.

b. All moorings must be registered with the Harbormaster Department. All applications for moorings in the Town of Wellfleet must be submitted in writing on an approved form from the Harbormaster Department.

c. No Town of Wellfleet mooring basin permit applicant, excluding those in the Federal Anchorage, shall hold a permitted mooring and a slip lease agreement for the same vessel in the same year. Slip agreements will not be provided to vessels with a mooring permit.

d. All mooring permits are issued for the use of the vessel indicated on the permit. The use of the mooring by any other vessel is prohibited and will be grounds for the revocation of the mooring permit. Mooring permits are issued based on one boat per mooring

e. Moorings assigned to a service company or corporations are to be used for the mooring of the company’s boats only and for no other purpose. Any deviation will result in the loss of said moorings.f. Commercial vessels are vessels used to make a profit or to provide a livelihood or means of employment for the applicant. (Charter boats, shell fishing boats and skiffs used to make a living are considered commercial.)

g. Falsifying information on a mooring permit application or failure to submit a fully completed mooring permit application shall be cause for denial or revocation of such application.

h. A one-year grace period shall be allowed for an unused mooring, provided the application fee is paid.

i. Vessel owners are required to submit the following documentation with new applications or renewal applications when applicable.

i). Copy of the state registration or documentation of the vessel.

ii). Completed mooring application.

Individual mooring permits in the Town of Wellfleet mooring basin are transferable within the immediate family, immediate family being applicant/boat owner, his or her spouse, and children.

Individual mooring permits in the federal anchorage are transferable to the applicant/boat owner and his or her spouse. Transfer to children, siblings, or a parent is not allowed.

Any person wishing to view or copy The Town Of Wellfleet Marina Rules and Regulations, Mooring Regulations, Slip and Mooring holders, Slip and Mooring Waiting Lists, Marina Fee Schedules, and The Town of Wellfleet Harbor Management Plan may do so at The Town of Wellfleet Marina Harbormasters Office, Town Pier, Wellfleet Massachusetts.

4. MOORING SPECIFICATIONS:

a. All moorings shall meet the minimum standards before placement. These standards are set for normal weather conditions. In case of gale winds, hurricanes, or extreme tides it is the mooring owners responsibility to ensure certain precautions are taken. (See Storm Precautions.) The Town of Wellfleet realizes that mooring loads are variable, that it is impossible to say all boats of equal length require the same size mooring and such standards cannot be applied to all boats. The Harbormaster reserves the right to require a boat owner to increase the minimum mooring standard for any vessel should the Harbormaster feel the minimum standard would be inadequate for the vessel because of unusual design, but not limited to excessive weight, windage, or draft.

All moorings minimum size:

Length of vessel Mushroom mooring Chain size Line size

14’- 16’ #75 5/16” 1/2”17’- 19’ #100 5/16” 1/2”20’- 25’ #150 3/8” 5/8”26’- 30’ #200 1/2” 5/8” 31’- 40’ #250 1/2” 3/4”All moorings must be mushroom anchors.All pennants shall be made of non-floating line.

Pennant length shall be two times the free board at the bow plus the distance to the mooring cleat.

Pennants shall have proper chafing gear so as to cover an area one foot either side of the bow chocks.

Total length of chain and line shall be three times the depth at mean high water. The length of the chain should be a minimum of six feet and a maximum of ten feet.

All chains, shackles, shackle pins, line, thimbles, swivels, buoys and pennants shall be in good condition and of proper size.

If the mushroom anchor is exposed at low water, the anchor must be completely buried with the shaft in a horizontal position.

Moorings found to be inadequate to the Town of Wellfleet specifications shall be corrected immediately. Responsibility and liability for corrective action rests on the individual boat owner.

k. Mooring buoys shall be inflated, formed, molded, or fabricated from white Styrofoam, rubber, plastic or fiberglass. Each buoy shall be white with a one-inch horizontal blue stripe. The first three (3) letters of the permit holders last name, three inches high, in a contrasting color shall be visible at all times.

Each permitted mooring shall have attached on the mooring buoy, above the waterline and visible at all times, a numbered annual mooring tag issued by the Harbormaster Department.

Each vessel for which a mooring permit has been issued shall have attached on the stern in a visible location, an annual sticker issued by the Harbormaster Department. The sticker shall display the mooring permit number, vessel registration or documentation number, make, length, color and owners name.

7. CANOES AND BOATS IN GREAT PONDS:

a. No boats, kayaks, or canoes may be left on or moored off of public landings at any great pond in the Town of Wellfleet with the exception of Gull Pond Landing.

All boats, kayaks, and canoes at Gull Pond must have a Town of Wellfleet boat sticker as described in these regulations. (See Section 6. Boat Stickers.)

Any boat, kayak, or canoe left or moored at Gull Pond without a boat sticker or at any other great pond will be confiscated by the Town and if unclaimed after six months from the date of confiscation will be sold at auction.

d. Any boat, kayak, or canoe left on a public landing at any great pond other than Gull Pond will be confiscated by the Town and if unclaimed after six months from the date of confiscation will be sold at auction.

Confiscated boats, kayaks, or canoes may be claimed by their owners

i. After proper identification and

ii. At the convenience of the Harbormaster or Beach Administrator and

iii. Only during regular business hours,

· Monday through Friday

The owner must pay all fines and storage fees before any confiscated vessel can be returned to the owner.

Fines: $15.00 per vessel

Storage fees: $5.00 per diem with a maximum storage fee of $150.00

8. PLACEMENT OF MOORINGS IN THE TOWN OF WELLFLEET/CORPS OF ENGINEERS MOORING BASIN:

No mooring shall be placed, altered or shifted except under the direction of the Harbormaster. The Harbormaster may relocate permitted moorings if in his opinion it is warranted due to congestion, to ease navigation, or as a measure of public safety.

Renewal applicants will be reassigned their previous positions.

New moorings are assigned on a “move up” policy, based on date of application, physical characteristics of the boat and purpose of the boat. (Commercial or recreational.) The Harbormaster Department shall maintain a mooring waiting list providing for the fair and equitable distribution of mooring assignments open to all and assigned on a first come first served basis. Persons who are making applications for a different vessel from that of previous years will not automatically be granted space. When a person increases boat size beyond capability of the mooring space an effort will be made to affect a switch in mooring space, but there will be no guaranty this can be done. When there is a decrease in boat size, steps will be taken to affect a switch to assure best overall use of the mooring basin.

The Town of Wellfleet is under no obligation to provide any applicant specialized space. The Harbormaster Department will do its best to accommodate within the framework of available space and physical situation prevailing at any given time.

All moorings shall be removed at the end of the boating season except those with commercial uses.

All mooring permits are issued for the use of the vessel indicated on the permit. The use of the mooring by any other vessel is prohibited and will be grounds for revocation of the mooring permit. Mooring permits are issued based on one boat per mooring.

Individual mooring permits in the federal anchorage are transferable to the applicant/boat owner and his or her spouse. Transfer to children is not allowed.

The Harbormaster, at his discretion, will make every effort to provide a mooring position of similar characteristics in the Town anchorage to any bona-fide commercial vessel that is transferred to children and loses the position within the federal anchorage.

9. PLACEMENT OF MOORINGS IN WELLFLEET WATERWAYS:

No mooring shall be placed within 200 feet of mean high water of a public recreational beach.

No mooring shall be placed within 100 feet of the nearest edge of a marked channel or federal channel.

No mooring shall be placed less than 50 feet from the nearest adjacent mooring.

No mooring shall be placed on any private property of other than that of the applicant if objected to by the owner of said property.

If the mushroom anchor is exposed at low water, the anchor must be completely buried with the shaft in a horizontal position.

No mooring shall be located so that a boat lying on it shall be less than 50 feet to a licensed shellfish area (grant) designated by the Shellfish Constable. This restriction shall not apply to moorings permitted to the licensee of a grant and placed within or adjacent to said grant.

All moorings shall be removed at the end of the boating season except those with a commercial use. Permitted moorings may be removed at the seasons end by the Harbormaster Department at the owner’s expense.No mooring shall be placed within the federal channel or close enough to interfere with channel passage.

10. TRANSIENT MOORINGS:

The Town of Wellfleet shall maintain fifteen transient moorings available for use from May 15 to October 15. They shall be used for transient vessels only and in the following manner.

- Fifteen moorings are to be placed on the northern end of the dredged basin.

- Three shall be #500 mushroom anchors with a maximum vessel length of 55 feet.

- Three shall be #300 mushroom anchors with a maximum vessel length of 32 feet.

- Nine shall be #200 mushroom anchors with a maximum vessel length of 25 feet.

- All transient buoys shall be marked “TRANSIENT” and numbered. g. Reservations and assignment of transient moorings shall be made by the Harbormaster Department depending on availability and on a first come first served basis. Reservations shall be made by mail or in person and include the first nights rental fee as a non-refundable deposit. The Harbormaster Department shall maintain a radio watch on channel 09 VHF to book daily transient rentals. Temporary transient moorings (not to exceed five hours) shall be allowed when available for a fee.

- A transient mooring log shall be maintained by the Harbormaster Department.

- Transient moorings are to be rented for a period not to exceed thirty consecutive days in a season.

- A fee shall be charged for the use of transient moorings. (See fee schedule.)

- The Town of Wellfleet accepts no responsibility for the safety of transient moorings during periods of extreme weather including but not limited to gale winds, hurricanes and extreme high water.

11. MOORING OF RAFTS, FLOATS AND BARGES:

Rafts, floats, barges, and vessels whose sole use is for shellfish propagation may be granted permission to moor in the vicinity (not more than 50 feet) or on the owners shellfish grant after obtaining a Floats and Rafts permit at no cost from the Harbormaster Department.

Rafts, floats, barges and vessels whose sole use is for shellfish propagation shall be moored according to specifications of the Town of Wellfleet mooring regulations, and to any special conditions as may be required by the Harbormaster.

Rafts, floats, barges and vessels whose sole use is for shellfish propagation shall have the owners name or grant number affixed to one side of the vessel, above the water line with three inch letters and numbers.

Rafts, floats, barges and vessels whose sole use is for shellfish propagation moored within 100 feet of the nearest edge of a marked channel shall display at night a 360 degree white anchor light.

Rafts, floats, barges and vessels whose sole use is for shellfish propagation moored in the waters of Wellfleet whose size exceeds 100 square feet shall display at night a 360 degree white anchor light.

Winter storage on Town property or Town landings of rafts, floats, barges and all other equipment used for the purpose of shellfish propagation is prohibited without the permission of the Harbormaster.

Rafts, floats, and barges will not be permitted in the Federal Anchorage or channel.

12. MOORING INSPECTIONS:

Before a mooring permit, mooring tag or boat sticker is issued; the mooring owner must submit his/her mooring for an out of the water inspection by the Harbormaster Department.

Each year the mooring buoy, pennant, chafing gear, chain, line and connecting hardware must be inspected visually by the Harbormaster Department prior to placement of the permitted mooring.

If, as a result of such inspection, in the opinion of the Harbormaster, any link of chain, shackle, swivel or any other piece of mooring gear has become damaged or worn, it shall be replaced. Failure to replace worn or damaged pieces shall be grounds for revocation of mooring permit.

The Town of Wellfleet assumes no responsibility or liability for inspected moorings that fail.

13. TERMINATION OF USE:

Upon termination of use each season all non-commercial mooring owners must remove the mooring from the waters of Wellfleet at his/her expense.

No vessel shall anchor in the waters of Wellfleet for a period of greater than one (1) week without notifying the Harbormaster Department.

No anchoring is allowed in the Town of Wellfleet mooring basin.

At the discretion of the Harbormaster, a mooring owner may request permission to leave the mooring vacant for a period of not more than one mooring year. The mooring owner is required to apply and pay for the mooring permit for that period. Failure to make such application and pay the fee shall result in the forfeiture of said mooring location. Any subsequent mooring permit application shall be considered a new mooring and shall be subject to constraints of such.

The Harbormaster Department, Town of Wellfleet Police Department and any other official whom the Board of Selectmen may designate shall enforce these rules and regulations.

M.G.L. c. 102, section 28 Penalties: Provides in part that violations of sections 17-27 or a refusal or neglect to obey the lawful orders of a Harbormaster, or resisting a Harbormaster who is carrying out his duties, are punishable by a fine of up to $50.00 and the offender is liable in tort to any person suffering damage thereby.

b. Non-criminal disposition: As an alternative to initiating criminal proceedings as described above, the enforcing agent may dispose of a violation of these regulations pursuant to the following procedure. Whoever violates any provisions of these rules and regulations may in the discretion of the Harbormaster or Assistant Harbormaster be penalized by a non-criminal complaint pursuant to the provisions of M.G.L. c. 40, section 21D. Whoever violates any regulations as stated above shall be subject to a fine of $25.00 for each separate offense. A violation of each specific regulation shall be deemed a separate offense. And each day on which a violation occurs or continues shall be deemed a separate offense, and subject to the penalties stated therein.

18. STORM PRECAUTIONS:

Hurricane season usually lasts from mid August through October. Besides high winds, you can expect higher than normal tidal conditions, rough seas in protected areas and a tidal surge of 10 feet or greater.

Plan and be prepared to make storm plans with your boatyard or mooring contractor, enabling them to do one or more of the following in the event of a storm; haul your vessel, add lines, move your vessel to a more protected area, etc.

Take your boat out of the water if at all possible and place well above high water taking into account extreme tidal conditions and storm surge. Remember, haul out areas and ramps will be extremely busy.

If you can’t haul your vessel: You should remove from your boat:

· All sails, roller furlings, etc.

· All dodgers, Biminis and enclosures.

· Antennas and electronics.

· All non-permanent equipment (deck chairs, rafts, boxes, etc.)

· Ships papers and valuables.

· Portable fuel tanks. (Gas, propane.)

ii. Pump out excess water from bilge and drain water tanks.

iii. Make sure batteries are charged; pump switches and intakes are not jammed and are working freely.

Secure windows, hatches, seacock's and fuel lines to engine and cooking appliances. Make your boat as watertight as possible.

Ultimate responsibility is that of the boat owner.

19. PUMP OUT INFORMATION:

The Harbormaster Department requests your assistance in enhancing water quality and protecting our natural resources. All boaters with Marine Sanitation Devices on board shall use pump out facilities to purge their holding tanks. The Town of Wellfleet Marina will maintain a pump out cart and a pump out boat to provide service to the mooring basin. Boaters may obtain information on pump outs and marine wastes by contacting the Harbormaster Department at 508-349-0320.