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Chased Off

What is the law when it comes to "posting" and "riparian rights"? The answer may surprise you.

By David G. Brown

June 1, 2006

Q: Some friends of mine and I like to drift down an upstate New York river and fish. We've been doing it for years. Now, there's one stretch of river that's "posted." They're trying to tell us we can't fish on the river anymore. Is this correct?
- Jason Miller, Palmira, NY


A: In a word, "yes." In this situation, the land under the river is owned by someone who doesn't want people hunting or fishing on his property. So, he has "posted" his land. "Posting" gets a bit complicated with navigable waterways. On these rivers you may have the right to drift across the owner's land, but not to fish.
Different states have slightly different interpretations of what are called "riparian rights." In New York, a river is considered navigable if it's capable - in its natural state, and has an ordinary volume of water - of transporting floating logs, or manufactured and agricultural goods to market. It isn't necessary that passage can be made both ways, or that navigation is possible in all 12 months of the year.

QARapids or other temporary obstacles do not destroy a river's navigability in New York. You can portage around such obstacles, and even over private property. However, you must use the shortest and most direct route. Other states have similar provisions in their riparian laws, but check local regulations before you go portaging.
Here's where things get interesting. Even though you can portage around rapids, you can't walk on the bottom of the river or anchor there to fish. In 1997, the New York State Court of Appeals held that the right to navigation does not include fishing, even when navigating through private property. So, while on posted land you'll have to roll 'em up and enjoy the scenery. Fishing is off-limits.
Are you still confused? Contact an attorney who is familiar with riparian rights in your state.

Q: I recently inherited a 1964 outboard motor from my late father. It appears to be in working condition. Can I get parts for this machine? And, can I use unleaded gasoline in it?
- Paul Anderton, Peru, IN

A: First, parts are available. You may have to search a bit for them, but important things like water pump impellers, shaft seals, etc. are still in the pipeline.
Unleaded fuel is just fine for those old kickers. Lead was put in gasoline primarily to protect the valves of 4-stroke engines. By their nature, 2-stroke engines don't have intake and exhaust valves. So, the only thing the lead does in an older outboard is cause spark plugs to foul.

The real problem is engine lube oil. That motor was designed to use the old quart-to-six-gallon oil mixture. And, that was really non-detergent 30-weight oil. You won't find any old-fashioned 2-stroke oil around these days. Stores now stock the high-lubricity blended TC-W3 2-cycle engine oil. Your ol' timer should run fine at a 50-to-1 ratio mixture of fuel to the new 2-stroke oil.

Q :Recently, a marina I frequent hired a new kid to work on the fuel dock. Before I knew what was happening, he pumped several gallons of gasoline into my diesel-powered boat. It wasn't much gasoline, and the tank holds about 150 gallons. Some people say I should go ahead and run the gas through the engine. Others say not to. What should I do?- Art Durthett, Ocean City, NJ

A: Whatever you do, don't start the engine! At least not until you've fixed the problem. Gasoline and diesel fuel come from the same crude, but they're very different products. This is particularly true today with all of the special blends of gasoline required to meet environmental protection requirements. Some of the additives in gasoline may not be compatible with the rubber components of your diesel fuel system. Mixing gasoline in your tank will reduce the lubrication qualities of the diesel fuel. Injector pumps are precision equipment that rely on the lubricity of the diesel fuel to prevent wear. Running gasoline through the pump may result in big-dollar pump repairs.

If that gas/diesel mixture gets into the cylinders, a surprising thing will happen - the gasoline will actually inhibit the diesel fuel from burning. The cause of this is the inverse relationship of octane to cetane. Octane refers to properties of gasoline that inhibit self-ignition prior to the firing of the spark plug. Cetane measures the ability of a fuel to self-ignite under the heat of compression, like in a diesel engine.

Diesel fuel needs a high cetane rating (at least 40 by law) so that it will burn when injected into the cylinder. Adding gasoline has the net effect of reducing the cetane and increasing the octane rating. Less of the mixed fuel will burn in the cylinder. Instead, this hot, unburned gasoline is sent into the exhaust system where it can do damage as a "backfire."
Gasoline that does burn in a diesel engine does so at a much higher temperature than the machinery is built to handle. This often leads to clogged or burned injector nozzles and possible
piston damage.

So, don't start your engine. Instead, talk to your marina about removing the contaminated fuel from your boat. Be sure to use pumps rated for the explosive nature of gasoline. The junk stuff will have to be pumped into 55-gallon drums and then carted away by a waste oil collection company. There will be a per-gallon charge for this service.

In some parts of the country you can obtain a "fuel polishing" service. This service removes the crud and contaminants from the whole fuel system, including the tank. If you can find a fuel polisher in your area, it would be advisable to have this service performed on your boat.

Be sure to empty all of the fuel out of both the primary and secondary filters. Replace the filtration material before pumping fresh diesel through the system. This will be a time-consuming process, as you will have to "bleed" a lot of air out of the system before the engine will run properly.The marina should reimburse you for the disposal costs of the contaminated fuel. And, they should re-fill your tank with fresh, clean diesel.

Q: I'm a salesman, and I take a lot of my customers fishing. I pay all of the bills, but we don't talk business. My friends say that I need a captain's license to do this, but I don't see why. I'm not charging them anything.
- Steve Hardesty, Des Plains, IL


A: Your friends are probably correct. It appears that your relationship with your customers is intended to produce monetary gain to you. True, the fishing trip might not be a sales pitch, but it can reasonably be assumed you'll profit from any economic activity resulting from good will engendered by the fishing trips.

Sharing the cost of a boating trip is not the key factor in deciding if the boat is being operated "for hire." It is perfectly legal for friends to "kick-in" on
the expenses of a day's fishing. In this situation there's no expectation of gain to the boat owner.

This is a situation where if you have any doubt whether what you're doing is legal, it probably isn't. Get good legal advice if you're uncertain.

Q: My boat is 3 years old, although I just bought it this spring. I'm new at boating and have a problem keeping the outboard motor running. It seems to starve for fuel, and squeezing the bulb doesn't do much good. What should I do?- Rob Kane, Prairie du Chien, WI

A: Replace the rubber fuel hose and the squeeze bulb. Although these are made of tough materials, constant exposure to fuel, sunlight and weather can cause cracks and air leaks. Rather than trying to track down the exact location of the problem, it's better to replace everything.

Pre-packaged universal outboard fuel line kits are available in 7- and 12-foot lengths. Larger marine stores also carry complete replacement kits with the proper end fittings to match most major outboard brands. Or, you can obtain a factory-original kit from any authorized outboard motor dealer. Be sure to use new stainless-steel hose clamps when you replace the fuel line. The cost is low compared to the peace of mind they bring.

Send your BoatCraft Q&A questions to Dave Brown c/o Boating World, 2100 Powers Ferry Rd., Atlanta, GA 30339. You can also e-mail Dave or post questions on Boating World's forum at www.boatingworldonline.com. Due to the volume of inquiries, Dave Brown will be unable to answer every question.


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Chased Off: What is the law when it comes to "posting" and "riparian rights"? The answer may surprise you.

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