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46 U.S.C. § 70006Establishment 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 must set up anchorage areas in U.S. harbors, rivers, bays, and other waters. This happens when needed for safe navigation, based on Army Corps of Engineers advice. Violators face a penalty up to $10,000 for each day they break these rules.

(a) In General. The Secretary of Homeland Security must define and set up anchorage grounds for vessels in every U.S. harbor, river, bay, and other navigable water, whenever the Secretary decides the U.S. maritime or commercial interest requires it for safe navigation, and the Chief of Engineers has recommended it. The Secretary must also adopt suitable rules for these anchorage grounds. The Coast Guard enforces these rules under the direction of the Secretary of Transportation, except at ports or places with no Coast Guard vessel available, where the Chief of Engineers may enforce them under the Secretary of Homeland Security's direction. An owner, master, or person in charge of a vessel who violates these rules faces a penalty of up to $10,000, and each day the violation continues counts as a separate violation. The vessel itself can be held responsible for the penalty and can be seized and sued in a U.S. district court, in the name of the officer the Secretary designates. (b) Definition. In this section, "navigable waters of the United States" includes all waters of the U.S. territorial sea, as described in Presidential Proclamation No. 5928 of December 27, 1988.
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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