Federal Authority - Derived from the Commerce Clause of the United States Constitution

Anchorage Authorities

General Rule: The federal government and the states have joint jurisdiction over navigable waters and the lands beneath. Federal law has long recognized state and local authority to regulate anchorages. That being said, the regulatory power of the state is subject to the paramount authority of the federal government for the regulation of interstate and foreign commerce, but the states may exercise such control as is consistent with federal action or functions, and which does not materially or unreasonably interfere with or burden such commerce.

Federal authority - derived from the Commerce Clause of the United States Constitution

·  Powers to regulate activities affecting navigable waters (to facilitate interstate commerce)

·  Federal navigational servitude – power to regulate navigation, permit or remove obstructions to navigation, and improve or impede the navigable capacity.

Per the Submerged Lands Act (SLA), 43 USC 1301, et seq., “[t]he United States retains all its navigational servitude and rights in and powers of regulation and control of said lands and navigable waters for the constitutional purposes of commerce, navigation, national defense, and international affairs… ” The federal government may create “anchorage grounds” under the River and Harbor Act of March 14, 1915 (33 U.S.C 471) and “special anchorage areas” wherein “vessels of not more than 20 meters in length, when at anchor, are not required to exhibit anchor lights and shapes per Rule 30 of the Inland Navigation Rules (33 CFR 83.30) or required to sound signals per Rule 35 of the Inland Navigation Rules (33 CFR 83.35). Special Anchorage Areas are set forth in Subpart A of 33 CFR, Part 110, and Anchorage Grounds are established in Subpart B of Part 110.

When a state establishes a type of anchorage area, it is typically referred to as a “managed anchorage mooring field” (MAMF). The states derive their authority to establish these MAMFs from the Public Trust Doctrine, a common law doctrine related to the SLA and which dates back more than 100 years. The powers of the state, as mentioned above, are not without limitation.

Limits on State authority

·  Where state law regulating anchorages conflicts with federal law, the state law is void

·  Where Congress has spoken so as to preclude state regulation, state regulation is preempted

·  When a local / state regulation is neither in conflict nor preempted, states are still prohibited from unduly burdening interstate commerce

Bottom line: States may establish/regulate anchorages (MAMF), but should consult with the Coast Guard prior to doing so or risk the Coast Guard and Army Corps of Engineers concluding that state-created anchorages are obstructions/hazards to navigation and ordering their removal.