Marina owners "you can't fish here"
Marina owners "you can't fish here"
Interesting editorial in this weeks Western Outdoor News regarding Marina owners ,the California Constitution and our rights to fish the waters in those marinas. "The right to fish state waters can be denied only in a limited number of circumstances and leaseholders control the structures but not the water itself". The Editorial seems to be directed at "harbors" but I'm wondering if it includes the waters in Browns Ravine at Folsom Lake and Lakefront property owners at Clearlake? I'm not looking for a confrontation but I like knowing my rights as I'm fishing. Many of us have been shouted at and just "moved on" . The way I interpret this a guy would at least have the right to shout back if he felt the need. Can you help with clarification? Backlash
Re: Marina owners "you can't fish here"
I have a place on Clear Lake and it is my understanding that there is an easement on the shore line all around the lake of about 6' [ not sure on the exact measurement but its from the water line back ] to give public access to every inch of the shore line , if that's the case I would assume you can fish anywhere you want even out of someone's back yard !!! , HOWEVER I wouldn't push that one and I don't know if this applies to the Indian land .
Re: Marina owners "you can't fish here"
i believe that applies to "navigable waters" i.e. the delta. Folsom lake is a state park and Browns ravine is regulated by a private concession.
Re: Marina owners "you can't fish here"
I emailed the DFG enforcement division to get their answer. Once I get a reply I will post it here.
Re: Marina owners "you can't fish here"
Here are the codes and designations for this questions. In section 100, it addresses what is public and private and also address high water lines and what happens in floods and water when it reaches water levels above normal high water periods.
You will also see in section 101, it clearly discusses Clear Lake. It speaks directly to areas of over flow and swamp land the is owned and can be owned by land owners.
I hope this helps. Also try not to read into it. I find people often try to look to deep into these codes. The people in Sacramento who wrtie these things are not that smart.
HARBORS AND NAVIGATION CODE
SECTION 100-107
100. Navigable waters and all streams of sufficient capacity to
transport the products of the country are public ways for the
purposes of navigation and of such transportation. However, the
floodwaters of any navigable river, stream, slough, or other
watercourse while temporarily flowing above the normal high-water
mark over public or private lands outside any established banks of
such river, stream, slough, or other watercourse are not navigable
waters and nothing in this section shall be construed as permitting
trespass on any such lands. For the purposes of this section,
"floodwaters" refers to that elevation of water which occurs at
extraordinary times of flood and does not mean the water elevation of
ordinary annual or recurring high waters resulting from normal
runoff.
101. The following streams and waters are declared navigable and
are public ways:
Albion River, to a point three miles from its mouth.
Alviso Slough, sometimes called Steamboat Slough, lying between
the bay of San Francisco and the place where it was crossed by the
tracks of the Southern Pacific Railroad Company on June 10, 1913.
Big River, to a point three miles from its mouth.
Channel Street, in the city of San Francisco, from the bay to the
northeasterly line of Seventh Street, the width thereof to be one
hundred forty feet.
Clear Lake, in Lake County; but this declaration shall not
interfere with any rights of owners and claimants to reclaim swamp or
overflowed land around the margin of Clear Lake.
Corte Madera Creek, in Marin County, from its mouth to a point as
far as tidewater flows.
Coyote River between the bay of San Francisco and the place where
it was crossed by the tracks of the Southern Pacific Railroad Company
on June 10, 1913.
102. The following streams and waters are also navigable and are
public ways:
Deer Creek, between its mouth and the house of Peter Lassen.
Devil's Slough, lying within the corporate limits of the city of
San Jose, or of the town of Sunnyvale in Santa Clara County, and
extending to San Francisco Bay.
Diablo Creek, from its junction with the Neuces, to a point
opposite the warehouse of Frank Such, in Contra Costa County.
Feather River, between its mouth and a point fifty feet below the
first bridge crossing Feather River above the mouth of the Yuba
River.
Galinas, or Guyanas Slough or creek, in Marin County, from its
mouth to the line of the Sonoma and Marin Railroad as it existed on
March 18, 1907.
Guadalupe Slough, which is the outlet or mouth of the Guadalupe
River, and lies between San Francisco Bay and its junction with
Alviso Slough.
103. The following streams and waters are also navigable and are
public ways:
Johnson's Creek, from its mouth at San Francisco Bay to Simpson's
Landing.
Keys Creek, also known as the Arroyo de San Antonio, in Marin
County, from its mouth at Tomales Bay to the warehouses on the point
at Keys embarcadero.
Klamath River, from its mouth in Del Norte County to its
confluence with the Shasta River in the county of Siskiyou; but this
shall not abrogate or infringe upon mining rights or the rights of
locating or operating mining claims on the Klamath River, existing on
August 21, 1933, otherwise than by being made subject to the public
rights of way herein declared.
Arroyo del Medo, in the county of Santa Clara, from its mouth to
the upper line of the town of New Haven.
Mission Creek, in the county of San Francisco.
Mokelumne River, between its mouth and the first falls.
Moro Cojo Slough, in Monterey County, from Salinas River to
tidewater.
104. The following streams and waters are also navigable and are
public ways:
Napa River, between its mouth and a point sixty feet below the
westerly line of Lawrence Street in the city of Napa; First Napa
Creek, Second Napa Creek, and Third Napa Creek, in Sonoma County,
between Napa and Sonoma rivers.
Neuces Creek, from its mouth at Suisun Bay to a point one-half
mile above the warehouse of George P. Loucks.
Newport Bay, in the county of Orange, and all its arms, and the
sloughs connecting with the bay in which the tide ebbs and flows,
including "The Rialto" and "The Rivo Alto" as shown upon a map of
Canal Section, Newport Beach, recorded in Book 4, page 98 of
Miscellaneous Maps, records of Orange County, California.
Novato Creek, or estuary, in Marin County, from its mouth to
Sweetzer's Landing.
Noyo River, to a point three miles from its mouth.
Petaluma River, from its mouth to the southerly line of Washington
Street, in the city of Petaluma.
105. The following streams and waters are also navigable and are
public ways:
Sacramento River, between its mouth and a point 100 feet below
Reid's Ferry, in Shasta County.
Salinas River and Elkhorn Slough, or Estero Viejo, in Monterey
County, from its mouth to a point as far up as tidewater flows.
San Joaquin River, between its mouth and Sycamore Point.
San Leandro Bay, in the County of Alameda, the waters included in
the estuary of San Antonio and the tidal canal connecting it with San
Leandro; and the airport channel extending from the bay.
San Rafael Creek, in Marin County, from its mouth to a point as
far as tidewater flows therein.
Sonoma River, between its mouth and a point opposite Fowler's
hotel in the town of San Luis.
Stockton Slough, between its mouth and a line 160 feet west of the
east line of Center Street extended in Stockton.
Suisun River, between its mouth and the Town of Suisun
embarcadero.
Tuolumne River, between its mouth and Dickinson's Ferry.
Yuba River, between its mouth and a point at the mouth of the
slough at the foot of F Street, in the City of Marysville.
106. The following streams and waters are also navigable and are
public ways:
The north branch of Alameda Creek, from its mouth to Eden Landing.
The streams and sloughs emptying into Eel River.
The streams and sloughs south of Eureka, in Humboldt County, which
prior to January 2, 1873, were used for the purpose of floating logs
or timber.
The sloughs south of Humboldt Point, in Humboldt County, which at
high water mark have a depth of two feet of water, and which are wide
enough to float and admit a boat carrying five tons or more of
freight.
That part of a slough which lies between Simonds Canal in the town
of Alviso and the bay of San Francisco.
That certain creek running through the tideland survey numbered
68, and swamp and overflowed land survey numbered 145, from its mouth
to the head of the tidewater therein.
107. The coast line of the State of California from the boundary
line between it and Mexico on the south, to the boundary line between
it and Oregon on the north, is as defined and determined, on August
21, 1933, by the United States Coast and Geodetic Survey, and the
names of the islands, rocks, headlands, bays, bodies of water and
other geographic features are in accordance with nomenclature adopted
by the United States Coast and Geodetic Survey as shown on its
charts.
This section is not to be construed as defining or affecting
property rights or property boundaries.
You will also see in section 101, it clearly discusses Clear Lake. It speaks directly to areas of over flow and swamp land the is owned and can be owned by land owners.
I hope this helps. Also try not to read into it. I find people often try to look to deep into these codes. The people in Sacramento who wrtie these things are not that smart.
HARBORS AND NAVIGATION CODE
SECTION 100-107
100. Navigable waters and all streams of sufficient capacity to
transport the products of the country are public ways for the
purposes of navigation and of such transportation. However, the
floodwaters of any navigable river, stream, slough, or other
watercourse while temporarily flowing above the normal high-water
mark over public or private lands outside any established banks of
such river, stream, slough, or other watercourse are not navigable
waters and nothing in this section shall be construed as permitting
trespass on any such lands. For the purposes of this section,
"floodwaters" refers to that elevation of water which occurs at
extraordinary times of flood and does not mean the water elevation of
ordinary annual or recurring high waters resulting from normal
runoff.
101. The following streams and waters are declared navigable and
are public ways:
Albion River, to a point three miles from its mouth.
Alviso Slough, sometimes called Steamboat Slough, lying between
the bay of San Francisco and the place where it was crossed by the
tracks of the Southern Pacific Railroad Company on June 10, 1913.
Big River, to a point three miles from its mouth.
Channel Street, in the city of San Francisco, from the bay to the
northeasterly line of Seventh Street, the width thereof to be one
hundred forty feet.
Clear Lake, in Lake County; but this declaration shall not
interfere with any rights of owners and claimants to reclaim swamp or
overflowed land around the margin of Clear Lake.
Corte Madera Creek, in Marin County, from its mouth to a point as
far as tidewater flows.
Coyote River between the bay of San Francisco and the place where
it was crossed by the tracks of the Southern Pacific Railroad Company
on June 10, 1913.
102. The following streams and waters are also navigable and are
public ways:
Deer Creek, between its mouth and the house of Peter Lassen.
Devil's Slough, lying within the corporate limits of the city of
San Jose, or of the town of Sunnyvale in Santa Clara County, and
extending to San Francisco Bay.
Diablo Creek, from its junction with the Neuces, to a point
opposite the warehouse of Frank Such, in Contra Costa County.
Feather River, between its mouth and a point fifty feet below the
first bridge crossing Feather River above the mouth of the Yuba
River.
Galinas, or Guyanas Slough or creek, in Marin County, from its
mouth to the line of the Sonoma and Marin Railroad as it existed on
March 18, 1907.
Guadalupe Slough, which is the outlet or mouth of the Guadalupe
River, and lies between San Francisco Bay and its junction with
Alviso Slough.
103. The following streams and waters are also navigable and are
public ways:
Johnson's Creek, from its mouth at San Francisco Bay to Simpson's
Landing.
Keys Creek, also known as the Arroyo de San Antonio, in Marin
County, from its mouth at Tomales Bay to the warehouses on the point
at Keys embarcadero.
Klamath River, from its mouth in Del Norte County to its
confluence with the Shasta River in the county of Siskiyou; but this
shall not abrogate or infringe upon mining rights or the rights of
locating or operating mining claims on the Klamath River, existing on
August 21, 1933, otherwise than by being made subject to the public
rights of way herein declared.
Arroyo del Medo, in the county of Santa Clara, from its mouth to
the upper line of the town of New Haven.
Mission Creek, in the county of San Francisco.
Mokelumne River, between its mouth and the first falls.
Moro Cojo Slough, in Monterey County, from Salinas River to
tidewater.
104. The following streams and waters are also navigable and are
public ways:
Napa River, between its mouth and a point sixty feet below the
westerly line of Lawrence Street in the city of Napa; First Napa
Creek, Second Napa Creek, and Third Napa Creek, in Sonoma County,
between Napa and Sonoma rivers.
Neuces Creek, from its mouth at Suisun Bay to a point one-half
mile above the warehouse of George P. Loucks.
Newport Bay, in the county of Orange, and all its arms, and the
sloughs connecting with the bay in which the tide ebbs and flows,
including "The Rialto" and "The Rivo Alto" as shown upon a map of
Canal Section, Newport Beach, recorded in Book 4, page 98 of
Miscellaneous Maps, records of Orange County, California.
Novato Creek, or estuary, in Marin County, from its mouth to
Sweetzer's Landing.
Noyo River, to a point three miles from its mouth.
Petaluma River, from its mouth to the southerly line of Washington
Street, in the city of Petaluma.
105. The following streams and waters are also navigable and are
public ways:
Sacramento River, between its mouth and a point 100 feet below
Reid's Ferry, in Shasta County.
Salinas River and Elkhorn Slough, or Estero Viejo, in Monterey
County, from its mouth to a point as far up as tidewater flows.
San Joaquin River, between its mouth and Sycamore Point.
San Leandro Bay, in the County of Alameda, the waters included in
the estuary of San Antonio and the tidal canal connecting it with San
Leandro; and the airport channel extending from the bay.
San Rafael Creek, in Marin County, from its mouth to a point as
far as tidewater flows therein.
Sonoma River, between its mouth and a point opposite Fowler's
hotel in the town of San Luis.
Stockton Slough, between its mouth and a line 160 feet west of the
east line of Center Street extended in Stockton.
Suisun River, between its mouth and the Town of Suisun
embarcadero.
Tuolumne River, between its mouth and Dickinson's Ferry.
Yuba River, between its mouth and a point at the mouth of the
slough at the foot of F Street, in the City of Marysville.
106. The following streams and waters are also navigable and are
public ways:
The north branch of Alameda Creek, from its mouth to Eden Landing.
The streams and sloughs emptying into Eel River.
The streams and sloughs south of Eureka, in Humboldt County, which
prior to January 2, 1873, were used for the purpose of floating logs
or timber.
The sloughs south of Humboldt Point, in Humboldt County, which at
high water mark have a depth of two feet of water, and which are wide
enough to float and admit a boat carrying five tons or more of
freight.
That part of a slough which lies between Simonds Canal in the town
of Alviso and the bay of San Francisco.
That certain creek running through the tideland survey numbered
68, and swamp and overflowed land survey numbered 145, from its mouth
to the head of the tidewater therein.
107. The coast line of the State of California from the boundary
line between it and Mexico on the south, to the boundary line between
it and Oregon on the north, is as defined and determined, on August
21, 1933, by the United States Coast and Geodetic Survey, and the
names of the islands, rocks, headlands, bays, bodies of water and
other geographic features are in accordance with nomenclature adopted
by the United States Coast and Geodetic Survey as shown on its
charts.
This section is not to be construed as defining or affecting
property rights or property boundaries.
Troy Winger
Re: Marina owners "you can't fish here"
Lastly, Here is one I think all may find interesting, It looks like people have tried to block boaters in the past. They have specific codes to guide people from it.
HARBORS AND NAVIGATION CODE
SECTION 130-135
130. Every person who cuts or causes to be cut down any tree, so
that it falls into any navigable waters, and who does not remove it
within twenty-four hours after it falls into the water, is liable to
a penalty of five dollars for each tree.
131. Every person who unlawfully obstructs the navigation of any
navigable waters, is guilty of a misdemeanor.
HARBORS AND NAVIGATION CODE
SECTION 130-135
130. Every person who cuts or causes to be cut down any tree, so
that it falls into any navigable waters, and who does not remove it
within twenty-four hours after it falls into the water, is liable to
a penalty of five dollars for each tree.
131. Every person who unlawfully obstructs the navigation of any
navigable waters, is guilty of a misdemeanor.
Troy Winger
Isnt 99.9% of it attitude.....
I have fished so many times at Clear Lake and had the homeowners give me tips and b.s. and suggest spots or even colors,etc and I have to believe that it is mostly attitude. A buddy and I were fishing at Clear Lake one time yacking away pitching jigs to a dock and one of asked a question and it was answered by a homeowner kicking back on his dock. We swapped stories with him for a spell and I still see him most everytime I get up there and he is as cordial as can be. Another time same buddy and I were on the delta in a marina again plugging along swapping stories when a lady came out of her Yacht and pretty much jumped our ***'s for being there saying it was a no fishing area and this and that.We kept fishing and my buddy just kinda "Are you sure its against the law" and etc when it was all said and done she said ok this time I'll let you slide. Would I fish there again-hell YES. At the same time if my buddy would have had the same tone of voice she had when she came out of the yacht things most likely would have been different-instead he just smoothed her oer ad all was well. I realize this wont happen everytime but I'll damn near gaurantee it will the majority of the time. We all would love to be as fortunate as Sieg or Cooch and live on one of our favorite bass spots but at the same time we wouldnt want some yahoo tearing it up either. Its a matter of respecting the homeowners and their property and if things get heated then its probably best to just move on anyways cuz an arguements just gonna ball you all up and you wont be able to concentrate anyhow! I have found that respecting the homeowners,even when they are pissy works for me. Tight Lines!
Scott
Scott
Isnt 99.9% of it attitude.....
I have fished so many times at Clear Lake and had the homeowners give me tips and b.s. and suggest spots or even colors,etc and I have to believe that it is mostly attitude. A buddy and I were fishing at Clear Lake one time yacking away pitching jigs to a dock and one of asked a question and it was answered by a homeowner kicking back on his dock. We swapped stories with him for a spell and I still see him most everytime I get up there and he is as cordial as can be. Another time same buddy and I were on the delta in a marina again plugging along swapping stories when a lady came out of her Yacht and pretty much jumped our ***'s for being there saying it was a no fishing area and this and that.We kept fishing and my buddy just kinda "Are you sure its against the law" and etc when it was all said and done she said ok this time I'll let you slide. Would I fish there again-hell YES. At the same time if my buddy would have had the same tone of voice she had when she came out of the yacht things most likely would have been different-instead he just smoothed her oer ad all was well. I realize this wont happen everytime but I'll damn near gaurantee it will the majority of the time. We all would love to be as fortunate as Sieg or Cooch and live on one of our favorite bass spots but at the same time we wouldnt want some yahoo tearing it up either. Its a matter of respecting the homeowners and their property and if things get heated then its probably best to just move on anyways cuz an arguements just gonna ball you all up and you wont be able to concentrate anyhow! I have found that respecting the homeowners,even when they are pissy works for me. Tight Lines!
Scott
Scott
Re: Marina owners "you can't fish here"
Here's a question. Have any of you ever been trying to fish boat docks and a dock owner has tied ropes accross from their dock to another person's dock so no one can easily fish the bank behind the ropes? People always do that back in Taylor slough in the delta, and the ropes are definitely not needed to hold their docks in place since they have pilings. Is that legal for them to do that? Is it legal for me to lift my trolling motor up and simply put it back down on the other side of the ropes and slide right over them?
Lake Pardee?
I have had the folks at Pardee come out and tell me that Im not alowed to fish from my boat around the launch ramp. I was just trying to hook my kids up with some bluegill and this guy told me I cant fish there. I was not near the docks, just off to the right of the launch ramp (from the water) in my boat about 15 yards off shore.
Can they do this?
Can they do this?
Re: Marina owners "you can't fish here"
JFEARN - Depends on where you are. If on the delta or any of the aforementioned "public waters" then they are in violation by impeding your access/restricting your rights to public access. Legally you can cross it as long as it is below the "typical high water line" as described.
Is it worth the battle? Probably not. As was mentioned for every jerk land-owner there are 10 cordial ones. Why get yourself all stirred up just to prove a point?
Mr. B - I don't think Pardee is a "public" body of water. I think it's owned by EBMUD or something so they can set the rules as they see fit...
Is it worth the battle? Probably not. As was mentioned for every jerk land-owner there are 10 cordial ones. Why get yourself all stirred up just to prove a point?
Mr. B - I don't think Pardee is a "public" body of water. I think it's owned by EBMUD or something so they can set the rules as they see fit...
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mac (Doyle McEwen)
- Posts: 2755
- Joined: Sat May 07, 2005 9:39 am
- Location: San Jose, CA
Re: Marina owners "you can't fish here"
Also on the ropes between docks on Taylor, believe it or not most are put there to keep the floating hyacinth out..It is rarely used to keep boats or fishermen out..I only say this because I know several of the property owners there that do this and each has told me the reason why..Now I am not saying that some don't have this in mind, but I don't think it is the major reason..
mac
mac
Take a kid fishing, and don't forget about us older kids either..
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Andy Giannini
- Posts: 998
- Joined: Mon May 09, 2005 7:38 pm
- Location: Delta
Re: Marina owners "you can't fish here"
I haven't seen the article. The marinas encroach upon a public body of water, and permits are required to do so. The river was open to navigation prior to the marina being there. Because they have encroached or have a floating footprint does not establish ownership of the waterway.
Even if the marina was dredged out onto private property, (where the river did not exist before.) they have created a public access by bringing the river in.
Many marina operators don't know much about the water code. The funniest thing I was ever threatened with was "obstructing a navigable waterway..." I told him because I was trollering by, I was navigating, it was great!
A.G.
Even if the marina was dredged out onto private property, (where the river did not exist before.) they have created a public access by bringing the river in.
Many marina operators don't know much about the water code. The funniest thing I was ever threatened with was "obstructing a navigable waterway..." I told him because I was trollering by, I was navigating, it was great!
A.G.
"If you can't win, at LEAST catch the Big Fish!"
Just print this out and give to them
THE PUBLIC’S RIGHT TO NAVIGATE WATERWAYS IN CALIFORNIA
Introduction
Outdoor recreation is an important aspect in the lives of most Californians and of many vacationing visitors to the state. The sport of floating and paddling streams and rivers in small watercraft such as rafts, canoes, and kayaks is extremely popular and rapidly growing due to California’s large population, diverse tourism industry, and an abundance of scenic and challenging waterways. These waterways vary from the gentle, slow-moving, large-volume Sacramento and San Joaquin Rivers of the Central Valley, to the many steep, rocky, fast-flowing creeks of the Sierra Nevada mountains. Many of these waterways have been vital to the historic settlement and the ongoing economic development of the state. Navigable waterways in California are legally considered public highways of transportation, as many of them have been used as such since the Gold Rush days of the mid-1800s. A California appellate court has stated, “the interest of the public in the waters and bed of a navigable river is analogous to that of the public in a public road. It has the right of passage over the stream as it had over the road.â€
Introduction
Outdoor recreation is an important aspect in the lives of most Californians and of many vacationing visitors to the state. The sport of floating and paddling streams and rivers in small watercraft such as rafts, canoes, and kayaks is extremely popular and rapidly growing due to California’s large population, diverse tourism industry, and an abundance of scenic and challenging waterways. These waterways vary from the gentle, slow-moving, large-volume Sacramento and San Joaquin Rivers of the Central Valley, to the many steep, rocky, fast-flowing creeks of the Sierra Nevada mountains. Many of these waterways have been vital to the historic settlement and the ongoing economic development of the state. Navigable waterways in California are legally considered public highways of transportation, as many of them have been used as such since the Gold Rush days of the mid-1800s. A California appellate court has stated, “the interest of the public in the waters and bed of a navigable river is analogous to that of the public in a public road. It has the right of passage over the stream as it had over the road.â€
Last edited by troutnut on Sat May 27, 2006 7:10 am, edited 1 time in total.
US Coast Guard regulations
even allow you to TIE OFF to his dock and LEAVE your boat there for up to 48 hours and TRESSPASS across his private property to the nearest public roadway IF AND ONLY IF you have had a mechanical failure and cannot proceed under power anymore, or there is a storm and it is unsafe to proceed. 
That law comes from back in midevil times, and is how the Graf Spey was saved from the British Fleet during WWII. After the 48 hours the captain had to leave port, and took his warship out to sea after letting the crew off and scuttled the ship.
That law comes from back in midevil times, and is how the Graf Spey was saved from the British Fleet during WWII. After the 48 hours the captain had to leave port, and took his warship out to sea after letting the crew off and scuttled the ship.
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raverfusion
- Posts: 44
- Joined: Sat Dec 03, 2005 12:37 pm
Re: Marina owners "you can't fish here"
131. Every person who unlawfully obstructs the navigation of any
navigable waters, is guilty of a misdemeanor.[/quote]
so does this mean, that when home owners put that "Rope" or "float line" across the bigger gaps between the docks (Not the boat spaces) that they have no right to do that. can we in turn untie, them?
navigable waters, is guilty of a misdemeanor.[/quote]
so does this mean, that when home owners put that "Rope" or "float line" across the bigger gaps between the docks (Not the boat spaces) that they have no right to do that. can we in turn untie, them?
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Pil9rotten
- Posts: 63
- Joined: Sat Jun 11, 2005 5:54 pm
- Location: San Francisco
- Contact:
Re: US Coast Guard regulations
Being a Coastie for the past 26 years I have never heard of being able to tie off to private property for up to 48 hours. The "safe passage" you refer to is international martitime law and is called Force Majeure. (Chapter 3, Article 3.16 Model Maritime Service Code 1995 Edition
http://www.uscg.mil/hq/g%2Dci/affairs/MMSCode/English/
(A) Force Majeure Defined. "Force Majeure" provides a vessel with limited immunity from the laws and directives of a coastal state when it is forced into [State’s] waters by virtue of distress, whether a result of natural or man-made causes.
(B) Application of Laws. A vessel entering [State’s] waters under claim of force majeure shall not be liable for the breach of [State’s] laws because of the condition requiring the vessels' entry under force majeure during a period of time reasonably necessary to remedy such distress, but remains otherwise subject to all laws and directives of [State].
(C) Authority of the Maritime Force During Claim of Force Majeure.
(1) The Maritime Force, at the direction of the Minister, may board any vessel entering [State’s] territorial waters under a claim of force majeure for the purpose of verifying the claim. A claim of force majeure shall not apply where the distress is contrived (e.g., untrue or intentionally created).
(2) The Maritime Force shall, where a violation of [State’s] pollution, living resources preservation, or submerged archaeological objects protection laws is involved, board any vessel entering [State’s] territorial waters under a claim of force majeure for the purpose of enforcing any provision of those chapters of this Title.
(3) A vessel entering [State’s] territorial waters under a claim of force majeure is subject to the direction of the Captain of the Port in order to protect port safety.
http://www.uscg.mil/hq/g%2Dci/affairs/MMSCode/English/
(A) Force Majeure Defined. "Force Majeure" provides a vessel with limited immunity from the laws and directives of a coastal state when it is forced into [State’s] waters by virtue of distress, whether a result of natural or man-made causes.
(B) Application of Laws. A vessel entering [State’s] waters under claim of force majeure shall not be liable for the breach of [State’s] laws because of the condition requiring the vessels' entry under force majeure during a period of time reasonably necessary to remedy such distress, but remains otherwise subject to all laws and directives of [State].
(C) Authority of the Maritime Force During Claim of Force Majeure.
(1) The Maritime Force, at the direction of the Minister, may board any vessel entering [State’s] territorial waters under a claim of force majeure for the purpose of verifying the claim. A claim of force majeure shall not apply where the distress is contrived (e.g., untrue or intentionally created).
(2) The Maritime Force shall, where a violation of [State’s] pollution, living resources preservation, or submerged archaeological objects protection laws is involved, board any vessel entering [State’s] territorial waters under a claim of force majeure for the purpose of enforcing any provision of those chapters of this Title.
(3) A vessel entering [State’s] territorial waters under a claim of force majeure is subject to the direction of the Captain of the Port in order to protect port safety.
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