46 U.S.C. § 70007

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 70007 - Anchorage grounds

(a) ANCHORAGE GROUNDS.-

(1) ESTABLISHMENT.-The Secretary of the department in which the Coast Guard is operating shall define and establish anchorage grounds in the navigable waters of the United States for vessels operating in such waters.

(2) RELEVANT FACTORS FOR ESTABLISHMENT.-In carrying out paragraph (1), the Secretary shall take into account all relevant factors concerning navigational safety, protection of the marine environment, proximity to undersea pipelines and cables, safe and efficient use of Marine Transportation System, and national security.

(b) VESSEL REQUIREMENTS.-Vessels, of certain sizes or type determined by the Secretary, shall-

(1) set and maintain an anchor alarm for the duration of an anchorage;

(2) comply with any directions or orders issued by the Captain of the Port; and

(3) comply with any applicable anchorage regulations.

(c) PROHIBITIONS.-A vessel may not-

(1) anchor in any Federal navigation channel unless authorized or directed to by the Captain of the Port;

(2) anchor in near proximity, within distances determined by the Coast Guard, to an undersea pipeline or cable, unless authorized or directed to by the Captain of the Port; and

(3) anchor or remain anchored in an anchorage ground during any period in which the Captain of the Port orders closure of the anchorage ground due to inclement weather, navigational hazard, a threat to the environment, or other safety or security concern.

(d) SAFETY EXCEPTION.-Nothing in this section shall be construed to prevent a vessel from taking actions necessary to maintain the safety of the vessel or to prevent the loss of life or property.

46 U.S.C. § 70007

Added Pub. L. 117-263 title CXIII, §11318(a), Dec. 23, 2022, 136 Stat. 4090.

STATUTORY NOTES AND RELATED SUBSIDIARIES

SAVINGS CLAUSE Pub. L. 117-263 title CXIII, §11318(c), Dec. 23, 2022, 136 Stat. 4091, provided that: "Nothing in this section [enacting this section and provisions set out as a note under this section] shall limit any authority available, as of the date of enactment of this Act [Dec. 23, 2022], to the captain of a port with respect to safety measures or any other authority as necessary for the safety of vessels located in anchorage grounds in the navigable waters of the United States."

CONSTRUCTION; APPLICABILITY OF REGULATIONS Pub. L. 117-263 title CXIII, §11318(e), Dec. 23, 2022, 136 Stat. 4091, provided that: "The amendments made by subsection (a) [enacting this section] may not be construed to alter any existing rules, regulations, or final agency actions issued under section 70006 of title 46, United States Code, as in effect on the day before the date of enactment of this Act [Dec. 23, 2022], until all regulations required under subsection (b) [136 Stat. 4091] take effect."