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46 U.S.C. § 70006 — Establishment by Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally

submitted 5 years ago by Pub. L. 116-283 to r/title-46-SHIPPING · 291 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Homeland Security may establish anchorage grounds when recommended by the Army’s Chief of Engineers and needed for safe navigation. Violations can lead to penalties and seizure of the vessel.

(a) The Secretary of Homeland Security may and must, when the required conditions exist, define and establish anchorage grounds in United States harbors, rivers, bays, and other navigable waters. The maritime or commercial interests must require them for safe navigation, and the Chief of Engineers must recommend them. The Secretary may issue related rules. The Coast Guard enforces them under the Transportation Secretary. Where no Coast Guard vessel is available, the Chief of Engineers may enforce them under Homeland Security’s Secretary. An owner, master, or person in charge who violates a rule may owe up to $10,000; each continuing day is a separate violation. The vessel may be held, seized, and sued in the proper United States district court to recover the penalty. (b) “Navigable waters of the United States” includes all United States territorial-sea waters described in Presidential Proclamation No. 5928 (December 27, 1988). This section does not define the quoted term otherwise.

the actual law source: uscode.house.gov ↗public domain
(a)In General.—

The Secretary of Homeland Security is authorized, empowered, and directed to define and establish anchorage grounds for vessels in all harbors, rivers, bays, and other navigable waters of the United States whenever it is manifest to the said Secretary that the maritime or commercial interests of the United States require such anchorage grounds for safe navigation and the establishment of such anchorage grounds shall have been recommended by the Chief of Engineers, and to adopt suitable rules and regulations in relation thereto; and such rules and regulations shall be enforced by the Coast Guard under the direction of the Secretary of Transportation: Provided, That at ports or places where there is no Coast Guard vessel available such rules and regulations may be enforced by the Chief of Engineers under the direction of the Secretary of Homeland Security. In the event of the violation of any such rules and regulations by the owner, master, or person in charge of any vessel, such owner, master, or person in charge of such vessel shall be liable to a penalty of up to $10,000. Each day during which a violation continues shall constitute a separate violation. The said vessel may be holden for the payment of such penalty, and may be seized and proceeded against summarily by libel for the recovery of the same in any United States district court for the district within which such vessel may be and in the name of the officer designated by the Secretary of Homeland Security.

(b)Definition.—

As used in this section “navigable waters of the United States” includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988.

Source credit: (Added Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8501(a)(6), Jan. 1, 2021, 134 Stat. 4745.)

history & why it existsrecord from the source credit
  • 2021Enacted · Pub. L. 116-283 · 134 Stat. 4745

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-283 on 2021-01-01.

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