An anchorage by any name

Oct 09, 2009, 8:03AM EST
An anchorage by any name
Not all anchorages are created equally

US coastal waters are replete with formally designated locations set aside for vessels to drop the hook. They are not all the same, though. Some are intended for certain specific vessels – such as those holding explosives or other dangerous cargoes. Many have limits on how long a vessel may remain at that location (e.g., no more than 30 days). Some require approval (generally from the USCG Captain of the Port – COTP) in advance. On exposed coasts, some require departure in the event foul weather is forecast. There is one other difference, which is not well understood. That difference is in the legal basis under which the anchorage has been established. The original statutory authority for the general establishment of anchorage grounds is found in section 7 of the Rivers and Harbors Act of 1915. This statute allows the Coast Guard to establish anchorage grounds whenever it is manifest that the maritime or commercial interests of the United States require such anchorage grounds for safe navigation. Any person violating regulations applicable to such an anchorage ground is liable to a penalty of $100. A 1940 Act of Congress provides for designation of special anchorage areas wherein vessels of not more than 65 feet in length, when at anchor, will not be required to carry or exhibit anchorage lights. More recently, the Ports and Waterways Safety Act of 1972 (PWSA) gives the Coast Guard broad authority to control vessel operations in US waters, including control over anchoring. Penalties for violation of the PWSA can be up to $5,000. To date, the only permanent anchorage regulations promulgated under the PWSA are in the Port of New York/New Jersey. A statute dating from 1896 allows for regulation of anchorage in the St. Mary River. Another statute from 1912, but still on the books, allows the Navy to regulate anchorage in waters of Pearl Harbor in the Territory of Hawaii. As can be seen, anchorage in the United States is somewhat of a patchwork, with each anchorage ground or area having its own characteristics.
 
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