Mys Terry wrote:
On 1 Jun 2006 11:53:01 -0500, Dave wrote:


On Thu, 01 Jun 2006 16:09:59 GMT, Mys Terry
said:


33 U.S.C. § 403. Obstruction of navigable waters generally; wharves;
piers, etc.; excavations and filling in

The creation of any obstruction not affirmatively authorized by
Congress, to the navigable capacity of any of the waters of the United
States is prohibited; and it shall not be lawful to build or commence
the building of any wharf, pi er, dolphin, boom, weir, breakwater,
bulkhead, jetty, or other structures in any port, roadstead, haven,
harbor, canal, navigable river, or other water of the United States,
outside established harbor lines, or where no harbor lines have been
established, except on plans recommended by the Chief of Engineers and
authorized by the Secretary of the Army; and it shall not be lawful to
excavate or fill, or in any manner to alter or modify the course,
location, condition, or capacity of, any port, roadstead, haven,
harbor, canal, lake, harbor of refuge, or inclosure within the limits
of any breakwater, or of the channel of any navigable water of the
United States, unless the work has been recommended by the Chief of
Engineers and authorized by the Secretary o f the Army prior to
beginning the same.

That section, of course, says absolutely nothing about charging for
anchorage behind a federal breakwater. So you were blowing smoke out your
ass again.


A few points to be considered:

Where are you premitted to anchor, and where are you not permitted to
anchor in navigable waters?

Who can legally prohibit anchoring in navigable waters?

If the Federal government has jurisdiction over navigable waters and
has not made a prohibition, you can anchor in any navigable waters in
the United States without charge.

That means that the only way you could charge someone to stay in
navigable waters within Federal breakwaters would be to rent them a
mooring or slip. Unfortunately, the Federal government says you can't
do those things, because to install moorings or dockage they would be
in violation of... 33 U.S.C. § 403. Obstruction of navigable waters
generally; wharves;piers, etc.; excavations and filling in

Oh, MY!!!


So you're claiming that all of the marinas and mooring fields in
Inland Waters are illegal??? Oh, MY!!!!

In reality, all this says is that the Feds have to approve any such
projects. Try, for example, to anchor in Scituate MA. Navigable
waters, breakwater built and maintained by the Feds, who recently paid
for major dredging. No anchoring permitted, but you can rent a mooring.