Thread: Where to Anchor
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Old 15-10-2009, 10:14   #10
Strygaldwir
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Join Date: Dec 2004
Location: Deale, Maryland
Boat: SeaView - Privilege 37
Posts: 834
The Commerce Clause is an enumerated power listed in the United States Constitution (Article 1, Section 8, Clause 3). The clause states that the United States Congress has the power to regulate commerce with foreign nations, among the states, and with the Native American tribes.

The Supreme Court further held that "The power to regulate commerce comprehends the control for that purpose, and to the extent necessary, of all the navigable waters of the United States.... For this purpose they are the public property of the nation, and subject to all the requisite legislation by Congress." United States v. Rands, 389 U.S. 121 (1967).

Thus, the navigation restriction. If you can't move, you are subject to restrictions of the state if you can move, you can participate in commerce and are therefor subject to laws implemented by Congress. Navigable waters from a commerce perspective are fairly broad. Most rivers are covered, some small ponds and lakes are not. Most of the anchoring locations the locals are attempting to protect, are most definitely covered. The challenge has been, no one has been willing to try this in a federal court to date. VERY expensive. The general consensus is the local municipality would lose, but that would merely mean to the person that just spent $100k's, they would not have to pay the $100 fine they got, and would be able to anchor back at that anchorage (Oh, they would probably be able to get their boat back that has been impounded for the last 4 years as all this works its way through the courts.)

I like your bottom line! Also look at the links provided by Gord. The Boat US site recommends carrying a copy of the relevant state statute if questioned by local authority. I am printing it and putting it in my ships papers folder!
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