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Old 11-11-2003
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Boot Key Harbor Marathon Florida

I am not sure if this applies to the situation, however it would seem the Harbor Master is way out of order and has no power to do this.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 28, 2002]
[CITE: 33USC471]


TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 10--ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY

Sec. 471. Establishment by Secretary of Transportation of
anchorage grounds and regulations generally

The Secretary of Transportation is authorized, empowered, and
directed to define and establish anchorage grounds for vessels in all
harbors, rivers, bays, and other navigable waters of the United States
whenever it is manifest to the said Secretary that the maritime or
commercial interests of the United States require such anchorage grounds
for safe navigation and the establishment of such anchorage grounds
shall have been recommended by the Chief of Engineers, and to adopt
suitable rules and regulations in relation thereto; and such rules and
regulations shall be enforced by the Coast Guard under the direction of
the Secretary of Transportation: Provided, That at ports or places where
there is no Coast Guard vessel available such rules and regulations may
be enforced by the Chief of Engineers under the direction of the
Secretary of Transportation. In the event of the violation of any such
rules and regulations by the owner, master, or person in charge of any
vessel, such owner, master, or person in charge of such vessel shall be
liable to a penalty of $100; and the said vessel may be holden for the
payment of such penalty, and may be seized and proceeded against
summarily by libel for the recovery of the same in any United States
district court for the district within which such vessel may be and in
the name of the officer designated by the Secretary of Transportation.

(Mar. 4, 1915, ch. 142, Sec. 7, 38 Stat. 1053; Aug. 4, 1949, ch. 393,
Secs. 1, 20, 63 Stat. 496, 561; Pub. L. 89-670, Sec. 6(b)(1), Oct. 15,
1966, 80 Stat. 938; Pub. L. 97-449, Sec. 2(d)(1), Jan. 12, 1983, 96
Stat. 2440.)

Codification

Section was from the Rivers and Harbors Appropriation Act of 1915.


Prior Provisions

Section probably supersedes acts May 16, 1888, ch. 257, Secs. 1, 2,
25 Stat. 151, relative to anchorage grounds in port of New York, Mar. 3,
1899, ch. 424, Sec. 1, 30 Stat. 1074, extending anchorage regulations
for port of New York, Feb. 6, 1893, ch. 64, Secs. 1, 2, 27 Stat. 431,
relative to anchorage grounds in port of Chicago, and June 6, 1900, ch.
819, Secs. 1, 2, 31 Stat. 682, relative to anchorage grounds in Kennebec
River.


Amendments

1983--Pub. L. 97-449 substituted ``Secretary of Transportation'''' for
``Secretary of War'''' wherever appearing. See Transfer of Functions note
below.

Transfer of Functions

``Coast Guard'''' and ``Coast Guard vessel'''' substituted in text for
``Revenue Cutter Service'''' and ``revenue cutter'''', respectively, the
Revenue Cutter Service and Life-Saving Service having been combined to
form the Coast Guard by act Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800.
That act was repealed by act Aug. 4, 1949, ch. 393, Sec. 20, 63 Stat.
561, section 1 of which reestablished the Coast Guard by enacting Title
14, Coast Guard.
``Secretary of Transportation'''' substituted for ``Secretary of the
Treasury'''' in provision covering enforcement of rules and regulations by
Coast Guard pursuant to section 6(b)(1) of Pub. L. 89-670, which
transferred to Secretary of Transportation functions, powers, and duties
of Secretary of the Treasury and of other offices and officers of
Department of the Treasury relating to Coast Guard. Section 6(b)(2) of
Pub. L. 89-670, however, provided that notwithstanding such transfer of
functions, the Coast Guard shall operate as part of the Navy in time of
war or when President directs as provided in section 3 of Title 14,
Coast Guard. See section 108 of Title 49, Transportation.
Section 6(g)(1)(A) of Pub. L. 89-670, transferred functions, powers,
and duties of Secretary of the Army [formerly War] and other officers
and offices of Department of the Army [formerly War] relating generally
to water vessel anchorages under this section to Secretary of
Transportation. Pub. L. 97-449 amended this section to reflect the
transfer made by section 6(g)(1)(A) of Pub. L. 89-670, and repealed
section 6(g)(1)(A).



From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 28, 2002]
[CITE: 33USC472]


TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 10--ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY

Sec. 472. Marking anchorage grounds by Commandant of the Coast
Guard

The Commandant of the Coast Guard shall provide, establish, and
maintain, out of the annual appropriations for the Coast Guard, buoys or
other suitable marks for marking anchorage grounds for vessels in waters
of the United States, when such anchorage grounds have been defined and
established by proper authority in accordance with the laws of the
United States.

(Sept. 15, 1922, ch. 313, 42 Stat. 844; 1939 Reorg. Plan No. II,
Sec. 2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432.)

Transfer of Functions

``Commandant of the Coast Guard'''' and ``Coast Guard'''' substituted in
text for ``Commissioner of Lighthouses'''' and ``Lighthouse Service'''',
respectively, on authority of Reorg. Plan No. II of 1939, Sec. 2(a), set
out in the Appendix to Title 5, Government Organization and Employees,
which transferred and consolidated the Bureau of Lighthouses (of which
the Lighthouse Service was a part and of which the Commissioner of
Lighthouses was the head) and its functions with the Coast Guard (of
which the Commandant was the Chief).
For transfer of functions of other officers, employees, and agencies
of Department of the Treasury, with certain exceptions, to Secretary of
the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950,
Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set
out in the Appendix to Title 5, Government Organization and Employees.
Functions of Coast Guard, and Commandant of Coast Guard, excepted from
transfer when Coast Guard is operating as part of Navy under sections 1
and 3 of Title 14, Coast Guard.
Coast Guard transferred to Department of Transportation, and
functions, powers, and duties relating to Coast Guard of Secretary of
the Treasury and of other officers and offices of Department of the
Treasury transferred to Secretary of Transportation by Pub. L. 89-670,
Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L.
89-670, however, provided that notwithstanding such transfer of
functions, Coast Guard shall operate as part of the Navy in time of war
or when President directs as provided in section 3 of Title 14, Coast
Guard. See section 108 of Title 49, Transportation.



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