33 U.S.C. § 151

High seas and inland waters demarcation lines

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(a) Establishment and purpose

The Secretary of the department in which the Coast Guard is operating shall establish appropriate identifiable demarcation lines dividing the high seas from harbors, rivers, and other inland waters of the United States, for the purpose of determining the applicability of special navigational rules in lieu of the International Regulations for Preventing Collisions at Sea.

(b) Applicability of other statutes; limitation; position

The Secretary shall also establish appropriate identifiable lines dividing inland waters of the United States from the high seas for the purpose of determining the applicability of each statute that refers to this section or this section, as amended. These lines may not be located more than twelve nautical miles seaward of the base line from which the territorial sea is measured. These lines may differ in position for the purposes of different statutes.

For the purposes of this section, the term “United States” includes the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other Commonwealth, territory, or possession of the United States.

(Feb. 19, 1895, ch. 102, § 2, 28 Stat. 672; Pub. L. 96–324, § 1, Aug. 8, 1980, 94 Stat. 1020; Pub. L. 96–376, § 13, Oct. 3, 1980, 94 Stat. 1511; Pub. L. 96–591, § 9, Dec. 24, 1980, 94 Stat. 3436.)Editorial NotesReferences in Text

The International Regulations for Preventing Collisions at Sea, referred to in subsec. (a), came into effect pursuant to the Convention on the International Regulations for Preventing Collisions at Sea, 1972. See International Regulations for Preventing Collisions at Sea, 1972 note under section 1602 of this title.

Codification

Section was not enacted as part of act June 7, 1897, ch. 4, 30 Stat. 96, which comprises a major part of this chapter.

Amendments

1980—Subsec. (a). Pub. L. 96–324 designated existing provisions as subsec. (a), substituted provision authorizing the Secretary of the Department in which the Coast Guard is operating to establish demarcation lines for provision authorizing the Secretary of the Treasury to establish demarcation lines, and inserted provision specifying the purpose of establishing demarcation lines as determining the applicability of special navigational rules in lieu of the International Regulations for Preventing Collisions at Sea.

Subsec. (b). Pub. L. 96–324 added subsec. (b).

Subsec. (c). Pub. L. 96–591 and Pub. L. 96–376 made identical amendments by striking out reference to the Canal Zone.

Pub. L. 96–324 added subsec. (c).

Statutory Notes and Related SubsidiariesTransfer of Functions

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 November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Executive DocumentsTermination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.

Notes of Decisions

Cited in 25 cases (1 in the last 5 years), 1953–2021 · leading case: Evans v. Nantucket Cmty. Sailing, Inc., 582 F. Supp. 2d 121 (D. Mass. 2008).

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Evans v. Nantucket Cmty. Sailing, Inc., 582 F. Supp. 2d 121 (D. Mass. 2008). · cites it 2× “33 U.S.C. § 151 ; U.S. v. Woodbury, 175 F.”

Elsie Y. Byrd v. William E. Byrd, 657 F.2d 615 (4th Cir. 1981). “, and the Inland Navigation Rules, 33 U.S.C. § 151 et seq. 4 . This Court, in Richards, questioned the wisdom of invoking federal admiralty law to decide essentially local suits involving pleasure boats arising in the territorial waters of a state.”

United States v. Louisiana, 363 U.S. 1 (1960). “672 , 33 U. S. C. § 151 , and that because of this, and also on considerations of convenience and certainty, this state enactment should be accepted as establishing Louisiana’s coast.”

United States v. Louisiana the Louisiana Boundary Case, 394 U.S. 11 (1969). “Ante, at 8, n. 2. 28 Stat. 672 . This Act has been changed by substituting for the Secretary of the Treasury the Secretary of Commerce, and later by placing the responsibility with the Commandant of the Coast Guard.”

LaBauve v. Louisiana Wildlife & Fisheries Comm'n, 444 F. Supp. 1370 (E.D. La. 1978). “33 U.S.C. § 151 . However, we are aware of no rule of law which dictates that a boundary over water must be demarcated by buoys or other artificial physical means.”

United States v. Louisiana, 394 U.S. 1 (1969). · cites it 2× “672 , 33 U. S. C. § 151 . Congress first entrusted this duty to the Treasury Department, later to the Commerce Department, and later to the Commandant of the Coast Guard.”

United States v. Ira S. Bushey & Sons, Inc., 363 F. Supp. 110 (D. Vt. 1973). “The fact that there are now outstanding navigation rules regulating the navigation of defendants’ vessels, Navigation Rules for Harbors, Rivers and Inland Waters Generally, 33 U.S.C. § 151 et seq., and that pursuant to the delegation of special rule-making authority therein ( 33…”

State of Alaska, Dep't of Revenue v. North Pac. Fishing, Inc. & U.S. Fishing LLC., 485 P.3d 1040 (Alaska 2021). “§ 1312 (2018) (authorizing state extension of “seaward boundaries” to 3 miles from shore); 33 U.S.C. § 151 (2018) (authorizing the establishment of demarcation lines up to 12 miles from shore).”

Atl. Mut. Ins. Co. v. Abc Ins. Co. & Garber Bros., Inc., 645 F.2d 528 (5th Cir. 1981). “33 U.S.C.A. §§ 151 , et seq. 4 . The Court found: The Navigation Rules for Inland Waters apply to ‘that part of the Atchafalaya River above its junction with the Plaquemine-Mor-gan City alternate waterway .”

Ins. Co. of North Am. v. John J. Bordlee Contractors, Inc., 532 F. Supp. 774 (E.D. La. 1982). “The Navigational Rules for Harbors, Rivers, and Inland Waters (hereinafter the Inland Rules), 33 U.S.C. § 151 et seq. are applicable to this collision which took place in the Mississippi River below the Huey P.”

Patricia Ann Webb & Frances Louise Webb, T/a Webb Bunker Co., of the Oil Screw Dewey v. Charles Davis, 236 F.2d 90 (4th Cir. 1956). “The boundary line which separates the inland waters on the Atlantic Coast from the high seas has been established in this country under the authority of 33 U.S.C.A. § 151 , and is set out in 33 C.”

Barrois Bros., Inc. v. Lake Tankers Corp., 188 F. Supp. 300 (E.D. La. 1960). “This court has jurisdiction of the-action, and venue is properly laid in the Eastern District of Louisiana.”

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