# § 70006. Establishment by Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally
**(a)** **In General.—** The Secretary of Homeland Security 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 Homeland Security. 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 up to $10,000. Each day during which a violation continues shall constitute a separate violation. 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 Homeland Security.
**(b)** **Definition.—** As used in this section “navigable waters of the United States” includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988.
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**Source Credit**: (Added Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8501(a)(6), Jan. 1, 2021, 134 Stat. 4745.)
## Editorial Notes
### References in Text
Presidential Proclamation No. 5928, referred to in subsec. (b), is set out under , Public Lands.
### Codification
Section, as added and amended by , is based on section 7 of , ; , §§ 1, 20, , 561; , , ; , , ; , , ; , , , which was formerly classified to , Navigation and Navigable Waters, before being transferred to this title and renumbered as this section.
Section was originally from the Rivers and Harbors Appropriation Act of 1915.
### Prior Provisions
Section probably supersedes acts , §§ 1, 2, , relative to anchorage grounds in port of New York, , , extending anchorage regulations for port of New York, , §§ 1, 2, , relative to anchorage grounds in port of Chicago, and , §§ 1, 2, , relative to anchorage grounds in Kennebec River.
### Amendments
2021—, transferred section 7 of , to this title and renumbered it as this section, substituted “Establishment by Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally” for “Establishment by Secretary of Homeland Security of anchorage grounds and regulations generally” in section catchline, and realigned margins. See Codification note above.
## Statutory Notes and Related Subsidiaries
### 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 , . That act was repealed by , , 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 , 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. , 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 former section 3 (now 103) of Title 14, Coast Guard. See , Transportation. For subsequent transfers relating to the Secretary of Transportation and the Coast Guard, see below.
, 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. amended this section to reflect the transfer made by , and repealed section 6(g)(1)(A).
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .