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Boaters defend free anchorage in Old Harbor, Block Island, RI
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. |
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