2.10-5 Availability of lists and charts. 2.10-10 Decisions subject to change or modi

fication.

AUTHORITY: 14 U.S.C. 633, 80 Stat. 931 (49 U.S.C. 1655(b)); 49 CFR 1.4(b), 1.46(b).

SOURCE: CGD 75-098, 40 FR 49326, Oct. 22, 1975, unless otherwise noted.

Subpart 2.01-Purpose

§ 2.01-1 Purpose.

The purpose of this part is to inform the public of the definitions which the Coast Guard uses to examine waters to determine whether the Coast Guard has jurisdiction on those waters under particular U.S. laws.

Subpart 2.05-Definitions of Jurisdictional Terms

§ 2.05-1 High seas.

(a) Except as provided in paragraphs (b) and (c) of this section, high seas means all waters which are neither territorial seas nor internal waters of the United States or of any foreign country.1

(b) High seas, as used in 18 U.S.C. 7(1), means the Great Lakes and waters seaward of the low water line along the coast, except waters within harbors or

1 1It should be noted that under 14 U.S.C. 89 the Coast Guard is authorized to enforce the laws of the United States upon the "high seas" and waters over which the United States has jurisdiction. Certain of the criminal laws of the United States are based on its special maritime and territorial jurisdiction, one of whose components is the "high seas", as defined in paragraph (b). However, this definition of "high seas" does not apply to the use of "high seas" found in 14 U.S.C. 89, to which the definition in paragraph (a) applies. A clear distinction should be maintained between the Coast Guard's authority under 14 U.S.C. 89 and the jurisdictional base of the criminal laws which apply to the special maritime and territorial jurisdiction. For example, while assault (18 U.S.C. 113) committed seaward of the territorial sea could be committed on the "high seas" for both purposes, an assault committed within the territorial sea could be committed on the "high seas" to bring it within the special maritime and territorial jurisdiction and at the same time be committed on waters over which the United States has jurisdiction (not the "high seas") for purposes of the Coast Guard's authority to undertake enforcement action.

narrow coastal indentations enclosed by promontories.1

(c) High seas, as used in section 2 of the Act of February 19, 1895, as amended, 33 U.S.C. 151, and all laws referring thereto. means the waters seaward of the lines described in part 80 of this chapter.

[CGD 75-098, 40 FR 49326, Oct. 22, 1975, as amended by CGD 96-026, 61 FR 33662, June 28, 1996]

§2.05-5 Territorial seas.

(a) With respect to the United States, territorial seas means the waters within the belt, 3 nautical miles wide, that is adjacent to its coast and seaward of the territorial sea baseline.

(b) With respect to any foreign country, territorial seas means the waters within the belt that is adjacent to its coast and whose breadth and baseline are recognized by the United States.

§2.05-10 Territorial sea baseline.

Territorial Sea Baseline means the delimitation of the shoreward extent of the territorial seas of the United States drawn in accordance with principles, as recognized by the United States, of the Convention on the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606. Charts depicting the territorial sea baseline are available for examination in accordance with §1.10–5(b) of this chapter.

§2.05-15 Contiguous zone.

Contiguous zone means the belt of high seas, 9 nautical miles wide, that is adjacent to and seaward of the territorial seas of the United States and that was declared to exist in Department of State Public Notice 358 of June 1, 1972, 37 FR 11906.

§ 2.05-20 Internal waters and inland waters.

(a) Internal waters and, except as provided in paragraph (b) of this section, inland waters mean:

(1) With respect to the United States, the waters shoreward of the territorial sea baseline.

(2) With respect to any foreign country, the waters shoreward of the baseline of its territorial sea, as recognized by the United States.

(b) Inland waters, as used in 33 U.S.C. Chapter 3, means the waters shoreward of the lines described in part 80 of this chapter, except the Great Lakes and their connecting and tributary waters as far east as Montreal, the waters of the Mississippi River between its source and the Huey P. Long Bridge and all of its tributaries emptying thereinto and their tributaries, that part of the Atchafalaya River above its junction with the Plaquemine-Morgan City alternate waterway, and the Red River of the North.

[CGD 75-098, 40 FR 49326, Oct. 22, 1975, as amended by CGD 96-026, 61 FR 33662, June 28, 1996]

§2.05-25 Navigable waters of the Unit

ed States; Navigable Waters; Territorial Waters.2

(a) Except as provided in paragraph (b) of this section, navigable waters of the United States, navigable waters, and territorial waters mean, except where Congress has designated them not to be navigable waters of the United States: (1) Territorial seas of the United States;

(2) Internal waters of the United States that are subject to tidal influence; and

(3) Internal waters of the United States not subject to tidal influence that:

(i) Are or have been used, or are or have been susceptible for use, by themselves or in connection with other waters, as highways for substantial interstate or foreign commerce, notwithstanding natural or man-made obstructions that require portage, or

(ii) A governmental or non-governmental body, having expertise in waterway improvement, determines to be capable of improvement at a reasonable cost (a favorable balance between cost and need) to provide, by themselves or in connection with other waters, highways for substantial interstate or foreign commerce.

2In various laws administered and enforced by the Coast Guard, the terms "State" and "United States" are defined to include some or all of the territories and possessions of the United States. The definitions in §§2.0525 and 2.05-30 should be considered as supplementary to these statutory definitions and not as interpretive of them.

(b) Navigable waters of the United States and navigable waters, as used in sections 311 and 312 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1321 and 1322, mean:

(1) Navigable waters of the United States as defined in paragraph (a) of this section and all waters within the United States tributary thereto; and

(2) Other waters over which the Federal Government may exercise Constitutional authority.

§2.05-27 Waters subject to tidal influence; waters subject to the ebb and flow of the tide; mean high water. Waters subject to tidal influence and waters subject to the ebb and flow of the tide are interpreted as waters below mean high water. "Mean high water" is the average of the height of the diurnal high water at a particular location measured over a lunar cycle period of 19 years. These terms do not include waters above mean high water caused by flood flows, storms, high winds, seismic waves, or other non-lunar phenom

ena.

(Secs. 107, 108, Pub. L. 97-322, 96 Stat. 1582 (33 U.S.C. 495, 499, 502, 525, 533); 49 CFR 1.46(c)) [CGD 82-102, 47 FR 54299, Dec. 2, 1982]

§2.05-30 Waters subject to the jurisdiction of the United States; waters over which the United States has jurisdiction.2

Waters subject to the jurisdiction of the United States and waters over which the United States has jurisdiction mean:

(a) Navigable waters of the United States;

(b) Other waters that are located on lands, owned by the United States, with respect to which jurisdiction has been accepted in accordance with 33 U.S.C. 733 by the authorized federal officer having custody, control, or other authority over them;

(c) Other waters that are located on lands, owned by the United States, with respect to which the United States retains concurrent or exclusive jurisdiction from the date that the State in which the lands are located entered the union; and

(d) Waters within the territories and possessions of the United States and

2 See footnote 2 to §2.05-25.

the Trust Territories of the Pacific Islands.2

§2.05-35 Exclusive Economic Zone.

The Exclusive Economic Zone (EEZ) of the United States is a zone contiguous to the territorial sea, including zones contiguous to the territorial sea of the United States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands (to the extent consistent with the Covenant and the United Nations Trusteeship Agreement), and the United States overseas territories and possessions. The EEZ extends to a distance 200 nautical miles from the baseline from which the maritime boundary with a neighboring State remains to be determined, the boundary of the EEZ will be determined by the United States and the other State concerned in accordance with equitable principles.

[CGD 93-020, 58 FR 51726, Oct. 4, 1993]

Subpart 2.10-Availability of Jurisdictional Decisions

§2.10-1 Maintenance of decisions.

Each Coast Guard district maintains: (a) A list of waters within the district which the Coast Guard has decided to be navigable waters of the United States for the purposes of its jurisdiction, and

(b) Charts reflecting Coast Guard decisions as to the location of the territorial sea baseline for the purposes of Coast Guard jurisdiction, if the district includes portions of the territorial

seas.

§2.10-5 Availability of lists and charts.

The lists and charts referred to in §2.10-1 of this chapter are available to the public and may be inspected or obtained in accordance with §1.10-5(b) of this chapter.

§2.10-10 Decisions subject to change or modification.

The decisions referred to in §2.10-1 of this subpart are subject to change or modification. Inquiries concerning the status of specific waters, for the purposes of Coast Guard jurisdiction, should be directed to the District Com

Subpart 3.05-First Coast Guard District 3.05-1 First district.

3.05-10 Boston Marine Inspection Zone and Captain of the Port Zone.

3.05-15 Portland, Maine Marine Inspection Zone and Captain of the Port Zone. 3.05-20 Providence Marine Inspection Zone and Captain of the Port Zone.

3.05-30 New York Marine Inspection Zone and Captain of the Port Zone. 3.05-35 Long Island Sound Marine Inspection and Captain of the Port Zone.

Subpart 3.25-Fifth Coast Guard District 3.25-1 Fifth district. 3.25-05 Philadelphia Marine Inspection Zone and Captain of the Port Zone. 3.25-10 Hampton Roads Marine Inspection Zone and Captain of the Port Zone. 3.25-15 Baltimore Marine Inspection Zone and Captain of the Port Zone: 3.25-20 Wilmington Marine Inspection Zone and Captain of the Port Zone.

Subpart 3.35-Seventh Coast Guard District 3.35-1 Seventh district.

3.35-10 Miami Marine Inspection Zone and Captain of the Port Zone.

3.35-15 Charleston Marine Inspection Zone and Captain of the Port Zone. 3.35-20 Jacksonville Marine Inspection Zone and Captain of the Port Zone. 3.35-25 San Juan Marine Inspection Zone and Captain of the Port Zone. 3.35-30 Savannah Marine Inspection Zone and Captain of the Port Zone. 3.35-35 Tampa Marine Inspection Zone and Captain of the Port Zone.

Subpart 3.40-Eighth Coast Guard District

3.40-1 Eighth district.

3.40-10 Mobile Marine Inspection Zone and Captain of the Port Zone.

3.40-15 New Orleans Marine Inspection Zone and Captain of the Port Zone. 3.40-17 Morgan City Marine Inspection Zone and Captain of the Port Zone. 3.40-20 Port Arthur Marine Inspection Zone and Captain of the Port Zone. 3.40-28 Houston-Galveston Marine Inspec

tion Zone and Captain of the Port Zone. 3.40-35 Corpus Christi Marine Inspection Zone and Captain of the Port Zone. 3.40-40 St. Louis Marine Inspection Zone and Captain of the Port Zone.

3.40-45 Paducah Marine Inspection Zone and Captain of the Port Zone.

3.40-50 Huntington Marine Inspection Zone and Captain of the Port Zone. 3.40-55 Louisville Marine Inspection Zone and Captain of the Port Zone. 3.40-60 Memphis Marine Inspection Zone and Captain of the Port Zone. 3.40-65 Pittsburgh Marine Inspection Zone and Captain of the Port Zone.

Subpart 3.45-Ninth Coast Guard District 3.45-1 Ninth district.

3.45-5 Cleveland Marine Inspection Zone and Captain of the Port Zone. 3.45-10 Buffalo Marine Inspection Zone and Captain of the Port Zone.

3.45-15 Chicago Marine Inspection Zone and Captain of the Port Zone. 3.45-20 Detroit Marine Inspection Zone and Captain of the Port Zone. 3.45-25 Duluth Marine Inspection Zone and Captain of the Port Zone.

3.45-30 Milwaukee Marine Inspection Zone and Captain of the Port Zone.

3.45-45 Sault Ste. Marie Marine Inspection Zone and Captain of the Port Zone. 3.45-50 Toledo Marine Inspection Zone and Captain of the Port Zone.

Subpart 3.55-Eleventh Coast Guard
District

3.55-1 Eleventh district. 3.55-10 Los Angeles-Long Beach Marine Inspection Zone and Captain of the Port Zone.

3.55-15 San Diego Marine Inspection Zone and Captain of the Port Zone. 3.55-20 San Francisco Bay Marine Inspection Zone and Captain of the Port Zone.

Subpart 3.65-Thirteenth Coast Guard District

3.65-1 Thirteenth district. 3.65-10 Puget Sound Marine Inspection Zone and Captain of the Port Zone. 3.65-15 Portland, Oregon, Marine Inspection Zone and Captain of the Port Zone.

Subpart 3.70-Fourteenth Coast Guard District

3.70-1 Fourteenth district.

3.70-10 Honolulu Marine Inspection Zone and Captain of the Port Zone.

3.70-15 Guam Marine Inspection Zone and Captain of the Port Zone.

Subpart 3.85-Seventeenth Coast Guard District

3.85-1 Seventeenth district.

3.85-10 Southeast Alaska Marine Inspection Zone and Captain of the Port Zone. 3.85-15 Western Alaska Marine Inspection Zone and Captain of the Port Zone. 3.85-20 Prince William Sound Marine Inspection Zone and Captain of the Port Zone.

AUTHORITY: 14 U.S.C. 633; 49 CFR 1.45, 1.46.

Subpart 3.01-Generai Provisions §3.01-1 General description.

(a) The structure of the Coast Guard's general organization for the performance of its assigned functions and duties consists of the Commandant, assisted by the Headquarters staff, two Area Offices to act as intermediate echelons of operational command, and District Offices to provide regional direction and coordination. The District Offices operate within defined geographical areas of the United States, its territories, and possessions, including portions of the high seas adjacent thereto. The description of the districts is established by the Commandant under the authority delegated by 49 CFR 1.45 and 1.46.

(b) The two Coast Guard Areas are the Atlantic Area (see §3.04-1) and the Pacific Area (see §3.04-3). The Coast Guard Area Commander is in command of a Coast Guard Area; the offices are referred to as a Coast Guard Area Office. The office of the Commander, Atlantic Area, is located in the Fifth Coast Guard District and the Commander, Atlantic Area, also serves as the Fifth District Commander. The office of the Commander, Pacific Area, is located in the Eleventh Coast Guard District and the Commander, Pacific Area, also serves as the Eleventh District Commander. Area Commanders have the responsibility of determining when operational matters require the

coordination of forces and facilities of more than one district.

(c) The Coast Guard District Commander is in command of a Coast Guard District and his office may be referred to as a Coast Guard District Office. (See §1.01-1 of this subchapter.)

(d) An Officer in Charge, Marine Inspection, is in command of a Marine Inspection Zone and his office may be referred to as a Coast Guard Marine Inspection Office. (See §1.01-20 of this subchapter.)

(e) The Captain of the Port is in command of a Captain of the Port Area and his office may be referred to as a Captain of the Port Office. (See §1.01-30 of this subchapter.)

(f) Each Captain of the Port Area and each Marine Inspection Zone described in this part also includes the United States territorial seas adjacent to the described Area or Zone for the purpose of enforcing or acting pursuant to a statute effective in the United States territorial seas. Each Captain of the Port Area and each Marine Inspection Zone described in this part also includes the Contiguous Zone adjacent to the Area or Zone for the purpose of enforcing or acting pursuant to a statute effective in the Contiguous Zone. (See §§2.05-5 and 2.05-15.) Each Captain of the Port Zone and each Marine Inspection Zone described in this part also includes the Exclusive Economic Zone (EEZ) adjacent to the area for the purpose of enforcing or acting pursuant to a statute effective in the EEZ.

(g) Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts referenced to NAD 83 only after application of the appropriate corrections that are pub

lished on the particular map or chart being used.

[CGFR 70-150, 36 FR 909, Jan. 20, 1971, as amended by CGD 77-091, 42 FR 48022, Sept. 22, 1977; CGD 87-008, 52 FR 13083, Apr. 21, 1987; CGD 87-008b, 52 FR 25217, July 6, 1987; CGD 86-082, 52 FR 33810, Sept. 8, 1987; CGD 93-020, 58 FR 51726, Oct. 4, 1993; CGD 96-025, 61 FR 29959, June 13, 1996]

§3.01-5 Assignment of functions.

Sections 1.45 and 1.46 of Title 49, Code of Federal Regulations, authorize the Commandant of the Coast Guard to exercise certain functions, powers, and duties vested in of the Secretary Transportation by law. The general statements of policy in the rules describing Coast Guard organization are prescribed pursuant to 5 U.S.C. 552 (80 Stat. 383, as amended) and 14 U.S.C. 633 (63 Stat. 545).

[CGFR 70-150, 36 FR 910, Jan. 20, 1971]

Subpart 3.04-Coast Guard Areas §3.04-1 Atlantic Area.

(a) The Area Office is in Portsmouth, VA.

(b) The Atlantic Area is comprised of the land areas and U.S. navigable waters of the First, Fifth, Seventh, Eighth and Ninth Coast Guard Districts and the ocean areas lying east of a line extending from the North Pole south along 95° W. longitude to the North American land mass; thence along the east coast of the North, Central, and South American land mass to the intersection with 70° W. longitude; thence due south to the South Pole. These waters extend east to the Eastern Hemisphere dividing line between the Atlantic and Pacific Areas which lies along a line extending from the North Pole south along 100° E. longitude to the Asian land mass and along a line extending from the South Pole north along 17° E. longitude to the African land mass.

[CGFR 70-150, 36 FR 910, Jan. 20, 1971, as amended by CGD 87-008, 52 FR 13083, Apr. 21, 1987; CGD 96-025, 61 FR 29959, June 13, 1996]