One additional note, Fred: for certain navigation issues, like the color, style, and placement of channel markers, there may well be preemption. I doubt States are free to alter the uniform Federal scheme.
Clear as mud. From: Frederick G Street via CnC-List Sent: Friday, January 26, 2018 9:38 AM To: cnc-list@cnc-list.com Cc: Frederick G Street Subject: Re: Stus-List "Maritime Documentation Center" Matt — it’s my understanding that the federal government has sole authority over the Great Lakes Inland Waterways for purposes of navigation. Are you saying that’s not the case? >From a US DOJ site which includes parts of the US code: Great Lakes Jurisdiction Also included within the "special territorial and maritime jurisdiction of the United States" by 18 U.S.C. § 7(2) are the Great Lakes and their connecting waterways… Federal jurisdiction under 18 U.S.C. § 7(2) over American vessels is not affected by the existence of concurrent state jurisdiction… It seems like the Supremacy clause in the Constitution would mean that Federal law will supplant local jurisdictions in all cases. The jurisdictions may overlap, but the Federal rules will always trump local ones. — Fred Fred Street -- Minneapolis S/V Oceanis (1979 C&C Landfall 38) -- on the hard in Bayfield, WI :^( On Jan 26, 2018, at 7:49 AM, Matthew L. Wolford via CnC-List <cnc-list@cnc-list.com> wrote: I just reviewed your note below and the article writer’s legal conclusion about PFBC legal authority (sometimes called “jurisdiction”). For clarification, my understanding is that the PFBC’s authority to regulate boats extends to navigable waters of the Commonwealth, while the USCG authority extends to navigable waters of the United States. In the case of Lake Erie (and Presque Isle Bay), the authority of the two agencies overlaps. In other words, portions of Lake Erie are both waters of the Commonwealth and waters of the United States, so both agencies have enforcement authority. I suspect it’s the same in other States, but you would need to look at the applicable State statute(s). -------------------------------------------------------------------------------- _______________________________________________ Thanks everyone for supporting this list with your contributions. Each and every one is greatly appreciated. If you want to support the list - use PayPal to send contribution -- https://www.paypal.me/stumurray
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