[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR207.20]



[Page 30-36]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 207_NAVIGATION REGULATIONS--Table of Contents

 

Sec.  207.20  Cape Cod Canal, Mass.; use, administration, and navigation.



    (a) Limit of Canal. The canal, including approaches, extends from 

the Canal Station Minus 100 in Cape Cod Bay, approximately one and six-

tenths (1.6) statute miles seaward of the Canal Breakwater Light, 

through dredged channels and land cuts to Cleveland Ledge Light in 

Buzzards Bay approximately four (4) statute miles southwest of Wings 

Neck.

    (b) Supervision. (1) The movement of ships, boats and craft of every 

description through the canal and the operation and maintenance of the 

waterway and all property of the United States pertaining thereto shall 

be under the supervision of the Division Engineer, U.S. Army Engineer 

Division, New England, Corps of Engineers, Waltham, Massachusetts, or 

the authorized representative of the division engineer, the Engineer-In-

Charge of the Cape Cod Canal. The division engineer or the Engineer-In-

Charge from time to time will prescribe rules governing the dimensions 

of vessels which may transit the waterway, and other special conditions 

and requirements which will govern the movement of vessels using the 

waterway.

    (2) The Engineer-In-Charge, through the marine traffic controller on 

duty, will enforce these regulations and monitor traffic through the 

canal. The marine traffic controller on duty is the individual 

responsible for interpretation of these regulations with respect to 

vessels transiting the canal. Vessels transiting the canal must obey the 

orders of the marine traffic controller.

    (3) The government has tugs stationed at the West Boat Basin for 

emergency use on an on-call basis. A patrol vessel is manned and 

operational 24-hours a day.

    (c) Communications. There is a marine traffic controller on duty 24 

hours a day, seven days a week, in the traffic control center located at 

the Canal Administrative Office. The primary method of communications 

between the canal and vessels transiting will be by



[[Page 31]]



VHF-FM Marine radio. The traffic controller can also be contacted by 

telephone.

    (1) For radio communications, call the traffic controller on channel 

16 to establish contact. The transmissions will then be switched to 

channel 12 or 14 as the working channel to pass information. Channel 13 

is also available at the canal office; however, the use of channel 13 

should be limited to emergency situations or whenever vessels do not 

have one of the other channels. All four channels are monitored 

continuously by the traffic controller. Radio discipline will be adhered 

to in accordance with FCC rules and regulations.

    (2) For telephone communications with the traffic controller, call 

(617) 759-4431.

    (3) Vessels shall maintain a radio guard on Marine VHF-FM channel 13 

during the entire passage through the canal.

    (4) All radio communications in the vicinity of the canal are tape 

recorded for future reference.

    (d) Vessels allowed passage. The canal is open for passage to all 

adequately powered vessels properly equipped and seaworthy, of sizes 

consistent with safe navigation as governed by the controlling depths 

and widths of the channel and the vertical and horizontal clearances of 

the bridges over the waterway. The granting of permission for any vessel 

to proceed through the waterway shall not relieve the owners, agents and 

operators of full responsibility for its safe passage. No vessel having 

a greater draft forward than aft will be allowed to transit the canal. 

Craft of low power and wind driven are required to have and use 

auxiliary power during passage throughout the canal as defined in 

paragraph (a) of this section. Low powered vessels will be required to 

await slack water or favorable current for canal transit.

    (e) Tows. (1) Tows shall be made-up outside the canal entrances. All 

vessels engaged in towing other vessels not equipped with a rudder shall 

use two lines or a bridle and one tow line. If the vessel in tow is 

equipped with a rudder or a ship shaped bow, one tow line may be used. 

All tow lines of hawsers must be hauled as short as practicable for safe 

handling of the tows. No towboat will be allowed to enter the waterway 

with more than two barges in tow unless prior approval is granted by the 

Engineer-In-Charge; requests must be submitted 12 hours in advance of 

the passage.

    (2) The maximum length of pontoon rafts using the canal will be 

limited to 600 feet, and the maximum width to 100 feet. Pontoon rafts 

exceeding 200 feet in length will be required to have an additional tug 

on the stern to insure that the tow is kept in line. The tugs used must 

have sufficient power to handle the raft safely.

    (3) Dead ships are required to transit the canal during daylight 

hours and must be provided with the number of tugs sufficient to afford 

safe passage through the canal. (A dead ship will not be allowed to 

enter the canal unless prior approval is granted by the Engineer-In-

Charge; requests must be submitted 12 hours in advance of the passage).

    (f) Dangerous cargoes. The master or pilot of any vessel or tow 

carrying dangerous cargoes must notify the Marine Traffic Controller 

prior to entering the canal. Dangerous cargoes are defined as those 

items listed in 33 CFR 126.10 when carried in bulk (i.e., quantities 

exceeding 110 U.S. gallons in one tank) plus Class A explosives 

(commercial or military) as listed in 49 CFR 173.53 (commercial) and 46 

CFR 146.29-100 (military), liquified natural gas and liquified petroleum 

gas. Transportation of dangerous cargoes through the canal shall be in 

strict accordance with existing regulations prescribed by law. In 

addition, vessels carrying dangerous cargoes shall comply with the 

following requirements.

    (1) They must have sufficient horsepower to overcome tidal currents 

or they will be required to wait for favorable current conditions.

    (2) Transits will be during daylight hours.

    (3) No transit will be permitted when visibility conditions are 

unstable or less than 2 miles at the approaches and throughout the 

entire length of the canal.

    (4) Transits must await a clear canal for passage.



[[Page 32]]



    (g) Obtaining clearance. (1) Vessels under 65 feet in length may 

enter the canal without obtaining clearance. All craft are required to 

make a complete passage through the canal except excursion craft which 

may operate and change direction within the canal in accordance with 

procedures coordinated with the marine traffic controller on duty. When 

the railroad bridge span is in the closed (down) position, all vessels 

are directed not to proceed beyond the points designated by stop signs 

posted east and west of the railroad bridge. Vessels proceeding with a 

fair tide (with the current) should turn and stem the current at the 

designated stop points until the railroad bridge is in the raised (open) 

position.

    (2) Vessels 65 feet in length and over shall not enter the canal 

until clearance has been obtained from the marine traffic controller by 

radio. See paragraph (c) ``Communications'' for procedures. If a vessel, 

granted prior clearance, is delayed or stops at the mooring basins, 

state pier, or the Sandwich bulkhead, a second clearance must be 

obtained prior to continuing passage through the canal.

    (3) Vessels will be given clearance in the order of arrival, except 

when conditions warrant one-way traffic, or for any reason an order of 

priority is necessary, clearance will be granted in the following order.

    (i) First--To vessels owned or operated by the United States, 

including contractors' equipment employed on canal maintenance or 

improvement work.

    (ii) Second--To passenger vessels.

    (iii) Third--To tankers and barges docking and undocking at the 

Canal Electric Terminal.

    (iv) Fourth--To merchant vessels, towboats, commercial fishing 

vessels, pleasure boats and miscellaneous craft.

    (4) Procedures in adverse weather: Vessels carrying flammable or 

combustible cargoes as defined in 46 CFR 30.25 will be restricted from 

passage through the canal when visibility is less than \1/2\ mile. Other 

vessels may transit the canal in thick weather by use of radar with the 

understanding that the U.S. Government will assume no responsibility: 

And provided, That clearance has been obtained from the marine traffic 

controller.

    (h) Traffic lights. There are three sets of traffic lights showing 

red, green, and yellow that are operated on a continuous basis at the 

canal. The traffic lights apply to all vessels 65 feet in length and 

over. The traffic lights are a secondary system that is operated in 

support of the radio communications system. The traffic lights are 

located at the easterly canal entrance, Sandwich, and at the westerly 

entrance to Hog Island Channel at Wings Neck. A third traffic light is 

located at the Canal Electric Terminal basin on the south side of the 

canal in Sandwich, and applies only to vessels arriving and departing 

that terminal.

    (1) Westbound traffic. When the green light is on at the eastern 

(Cape Cod Bay) entrance, vessels may proceed westward through the canal. 

When the red light is on, any type of vessel 65 feet in length and over 

must stop clear of the Cape Cod Bay entrance channel. When the yellow 

light is on, vessels 65 feet in length and over and drawing less than 25 

feet may proceed as far as the East Mooring Basin where they must stop. 

Prior to continuing passage through the canal, clearance must be 

obtained from the marine traffic controller.

    (2) Eastbound traffic. When the green light is on at Wings Neck, 

vessels may proceed eastward through the canal. When the red light is 

on, vessels 65 feet and over in length and drawing less than 25 feet 

must keep southerly of Hog Island Channel Entrance Buoys Nos. 1 and 2 

and utilize the general anchorage areas adjacent to the improved 

channel. Vessel traffic drawing 25 feet and over are directed not to 

enter the canal channel at the Cleveland Ledge Light entrance and shall 

lay to or anchor in the vicinity of Buzzards Bay Buoy No. 11 (FLW & 

Bell) until clearance is granted by the canal marine traffic controller 

or a green traffic light at Wings Neck is displayed. When the yellow 

light is on, vessels may proceed through Hog Island Channel as far as 

the West Mooring Basin where they must stop. Prior to continuing passage 

through the canal, clearance must be obtained from the marine traffic 

controller.



[[Page 33]]



    (i) Railroad Bridge Signals. The following signals at the Buzzards 

Bay Railroad Bridge will be given strict attention.

    (1) The vertical lift span on the railroad bridge is normally kept 

in the raised (open) position except when it is lowered for the passage 

of trains, or for maintenance purposes. Immediately preceding the 

lowering of the span, the operator will sound two long blasts of an air 

horn. Immediately preceding the raising of the span, the operator will 

sound one long blast of an air horn. When a vessel or craft of any type 

is approaching the bridge with the span in the down (closed) position 

and the span cannot be raised immediately, the operator of the bridge 

will so indicate by sounding danger signals of four short blasts in 

quick succession.

    (2) When the lift span is in the down (closed) position in foggy 

weather or when visibility is obscured by vapor, there will be four 

short blasts sounded from the bridge every two minutes.

    (j) Speed. All vessels are directed to pass mooring and boat basin 

facilities, the state pier, and all floating plant engaged in 

maintenance operations of the waterway at a minimum speed consistent 

with safe navigation. In order to coordinate scheduled rail traffic with 

the passage of vessels, to minimize erosion of the canal banks and dikes 

from excessive wave wash and suction, and for the safety of vessels 

using the canal, the following speed regulations must be observed by 

vessels of all types, including pleasure craft. The minimum running time 

for the land cut between the East Mooring Basin (Station 35) and the 

Administration Office in Buzzards Bay (Station 388) is prescribed as 

follows:



Head Tide--60 Minutes

Fair Tide--30 Minutes

Slack Tide--45 Minutes





The minimun running time between the Administration Office (Station 388) 

and Hog Island Channel westerly entrance Buoy No. 1 (Station 661) is 

prescribed as follows:



Head Tide--46 Minutes

Fair Tide--23 Minutes

Slack Tide--35 Minutes





The running time at slack water will apply to any vessel which enters 

that portion of the canal between stations 35 and 661, within the period 

of one-half hour before or after the predicted time of slack water as 

given in the National Ocean Survey publication ``Current Tables, 

Atlantic Coast, North America.'' The minimum running time during a head 

tide or a fair tide shall apply to any vessel which enters that portion 

of the canal between Station 35 and 661 at any time other than 

designated above for time requirements at slack tide. Vessels of any 

kind unable to make a through transit of the land cut portion of the 

canal against a head current of 6.0 knots within a maximum time limit of 

2 hours 30 minutes shall be required to obtain the assistance of a 

helper tug at the vessel owner's expense or await favorable tide 

conditions prior to receiving clearance from the marine traffic 

controller. In the event vessels within the confines of the canal fail 

to perform and are unable to make sufficient headway against the 

currents, the marine traffic controller may activate a helper tug in 

accordance with paragraph (k) of this section.

    (k) Management of vessels. (1) Vessels within the limits of the 

canal shall comply with applicable navigation rules.

    (2) Vessels within the limits of the canal shall comply with the 

applicable requirements for the use of pilots established by the Coast 

Guard, including but not limited to those contained in 46 CFR 157.20-40. 

Vessels will not be granted clearance to enter the canal until the 

marine traffic controller has been notified of the name of the pilot who 

will be handling the vessel.

    (3) The master of a vessel will be responsible for notifying the 

marine traffic controller as soon as an emergency situation appears to 

be developing. When in the opinion of the marine traffic controller an 

emergency exists, he/she can require the master to accept the assistance 

of a helper vessel. Whether or not assistance is provided by a 

government vessel or by a private firm under contract to the government, 

the government reserves the right to seek compensation from the vessel 

owners for all costs incurred.

    (4) Right of Way: All vessels proceeding with the current shall have 

the right of way over those proceeding



[[Page 34]]



against the current. All craft up to 65 feet in length shall be operated 

so as not to interfere with the navigation of vessels of greater length.

    (5) Passing of vessels: The passing of one vessel by another when 

proceeding in the same direction is prohibited except when a leading low 

powered ship is unable to make sufficient headway. However, extreme 

caution must be observed to avoid collision, and consideration must be 

given to the size of the ship to be overtaken, velocity of current and 

wind, and atmospheric conditions. Masters of vessels involved shall 

inform the marine traffic controller on duty of developing situations to 

facilitate coordination of vessel movement. Meeting or passing of 

vessels at the easterly end of the canal between Station Minus 40 and 

Station 60 will not be permitted, except in cases of extreme emergency, 

in order to allow vessels to utilize the center line range to minimize 

the effects of hazardous eddies and currents. Due to bank suction and 

tidal set, meeting and passing of vessels at the following locations 

will be avoided:

    (i) Sagamore Bridge.

    (ii) Bourne Bridge.

    (iii) Railroad Bridge.

    (iv) Mass Maritime Academy.

    (6) Unnecessary delay in canal: Vessels and other type crafts must 

not obstruct navigation by unnecessarily idling at low speed when 

entering or passing through the canal.

    (7) Stopping in the waterway: Anchoring in the Cape Cod Canal 

Channel is prohibited except in emergencies. For the safety of canal 

operations it is mandatory that the masters of all vessels anchoring in 

or adjacent to the canal channel (Cape Cod Bay to Cleveland Ledge Light) 

for any reason, immediately notify the marine traffic controller.

    (8) Utilization of mooring and boat basins and the Sandwich 

Bulkhead: Vessels mooring or anchoring in the mooring or boat basins at 

the Sandwich bulkhead must do so in a manner not to obstruct or impede 

vessel movements to and from facilities. These facilities are of limited 

capacity and permission to occupy them for periods exceeding 24 hours 

must be obtained in advance from the marine traffic controller. Mooring 

in the West Boat Basin at Buzzards Bay, near the railroad bridge, is not 

permitted except in an emergency. Fishing boats, yachts, cabin cruisers 

and other craft utilizing the East Boat Basin on the south side of the 

canal at Sandwich, Massachusetts are not permitted to tie up at the 

Corps of Engineers landing float or anchor in a manner to prevent canal 

floating plant from having ready access to the float. All vessels or 

barges left unattended must be securely tied with adequate lines or 

cables. The United States assumes no liability for damages which may be 

sustained by any craft using the bulkhead at Sandwich or the canal 

mooring or boat basin facilities. Vessels shall not be left unattended 

along the face of the government bulkhead. A responsible person with 

authority to authorize and/or accomplish vessel movement must remain 

onboard at all times.

    (l) Grounded, wrecked or damaged vessels. In the event a vessel is 

grounded, or so damaged by accident as to render it likely to become an 

obstruction and/or hazard to navigation in the waterway, the division 

engineer or the division engineer's authorized representative shall 

supervise and direct all operations that may be necessary to remove the 

vessel to a safe locality.

    (m) [Reserved]

    (n) Deposit of refuse. No oil or other allied liquids, ashes, or 

materials of any kind shall be thrown, pumped or swept into the canal or 

its approaches from any vessel or craft using the waterway, nor shall 

any refuse be deposited on canal grounds, marine structures, or 

facilities.

    (o) Trespass to property. Subject to the provisions of paragraph (q) 

of this section trespass upon the canal property is prohibited.

    (p) Bridges over the canal. The government owns, operates and 

maintains all bridges across the canal which include one railroad bridge 

and two highway bridges. The division engineer or his/her authorized 

representative may establish rules and regulations governing the use of 

these bridges.

    (q) Recreational use of canal--(1) Policy. (i) It is the policy of 

the Secretary of the Army acting through the Chief of Engineers to 

provide the public with



[[Page 35]]



safe and healthful recreational opportunities within all water resource 

development projects administered by the Chief of Engineers, including 

the canal and government lands part thereof. Any recreational use of the 

canal and those lands shall be at the users own risk.

    (ii) All water resource development projects open for recreational 

use shall be available to the public without regard to sex, race, creed, 

color or national origin. No lessee, licensee, or concessionaire 

providing a service to the public shall discriminate against any person 

or persons because of sex, race, creed, color or national origin in the 

conduct of operations under the lease, license or concession contract.

    (2) Motor vehicles. Operation of motor vehicles, motorcycles, 

minibikes, mopeds, motorbikes, snowmobiles, and all types of off-road 

vehicles is prohibited on government lands and service roads except in 

areas specifically designated for such operation.

    (3) Swimming. Swimming, skin diving, snorkling, and scuba diving in 

the canal between the east entrance in Cape Cod Bay and the west 

entrance at Cleveland Ledge Light are prohibited. Diving operations may 

be authorized by the Engineer-In-Charge in conjunction with operation 

and maintenance of the canal.

    (4) Camping. Overnight tenting or camping on governmment land is 

prohibited except in areas designated by the division engineer. Bourne 

Scenic Park and Scusset Beach State Reservation are designated camping 

areas. Persons asleep during hours of darkness in or out of vehicles 

shall be considered as campers.

    (5) Fishing. Persons may fish with rod and line from the banks of 

the canal on Federally owned property except areas designated by the 

division engineer. Fishing and lobstering by boat in the Cape Cod Canal 

between the east entrance in Cape Cod Bay and the west entrance at 

Cleveland Ledge Light are prohibited. Fishing by boat is permitted in 

the area west of the State Pier in Buzzards Bay, provided that all craft 

stay out of the channel defined by U.S. Coast Guard buoys and beacons. 

Fish and game laws of the United States and the Commonwealth of 

Massachusetts will be enforced.

    (6) Hunting. Hunting is permitted in accordance with game laws of 

the United States and the Commonwealth of Massachusetts.

    (7) Fires. No open fires will be allowed at any time except by 

special permission and then shall be continuously overseen and in 

compliance with state or town laws.

    (8) Control of animals and pets. (i) No person shall bring or have 

horses in camping, picnic, swimming beaches or developed recreation 

areas.

    (ii) No person shall bring dogs (except seeing eye dogs), cats, or 

other pets into developed recreation areas unless penned, caged, or on a 

leash no longer than six feet or otherwise under physical restrictive 

controls at all time.

    (9) Restrictions. (i) The division engineer may establish a 

reasonable schedule of visiting hours for all or portions of the project 

area and close or restrict the public use of all or any portion of the 

project by the posting of appropriate signs indicating the extent and 

scope of closure. All persons shall observe such posted restrictions.

    (ii) The operation or use of any audio or other noise producing 

device including, but not limited to, communications media and vehicles 

in such a manner as to unreasonably annoy, endanger persons or affect 

vessel traffic through the canal is prohibited.

    (10) Explosives, firearms, other weapons and fireworks. (i) The 

possession of loaded firearms, ammunition, projectile firing devices, 

bows and arrows, crossbows, and explosives of any kind is prohibited 

unless in the possession of a law enforcement officer or Government 

employee on official duty or used for hunting during the hunting season 

as permitted under paragraph (q)(6) of this section, or unless written 

permission has been received from the division engineer.

    (ii) The possession or use of fireworks is prohibited unless written 

permission has been received from the division engineer.

    (11) Public property. Destruction, injury, defacement or removal of 

public property including natural formations, historical and 

archeological features and vegetative growth is prohibited



[[Page 36]]



without written permission of the division engineer.

    (12) Abandonment of personal property. (i) Abandonment of personal 

property is prohibited. Personal property shall not be left unattended 

upon the lands or waters of the project except in accordance with this 

regulation. After a period of 24 hours, abandoned or unattended personal 

property shall be impounded and stored at a storage point designated by 

the division engineer. The division engineer shall assess a reasonable 

impoundment fee, which shall be paid before the impounded property is 

returned to its owners.

    (ii) The division engineer shall, by public or private sales or 

otherwise, dispose of all lost, abandoned, or unclaimed personal 

property that comes into his/her custody or control. However, efforts 

should be made to find the owner, the owner's heirs or next of kin, or 

legal representatives. If the owner, heirs or next of kin, or legal 

representative is determined but not found, the property may not be 

disposed of until the expiration of 120 days after the date when notice, 

giving the time and place of the intended sale or other disposition, has 

been sent by certified or registered mail to that person at last known 

address. When diligent effort to determine the owner, owner's heirs or 

next of kin, or legal representative is unsuccessful, the property may 

be disposed of without delay, except that if it has a fair market value 

of $25 or more the property generally may not be disposed of until three 

months after the date it is received at the Cape Cod Canal 

Administrative Office. The net proceeds from the sale of property shall 

be placed into the Treasury of the United States as miscellaneous 

receipts.

    (13) Lost and found articles. All abandoned/lost articles shall be 

deposited by the finder at the Canal Administration office or with Canal 

ranger. The finder shall leave his/her name, address, and phone number. 

All lost articles shall be disposed of in accordance with procedures set 

forth in paragraph (q)(12) of this section.

    (14) Advertisement. Advertising by the use of billboards, signs, 

markers, audio devices or any other means whatever is prohibited unless 

written permission has been received from the division engineer.

    (15) Commercial activities. The engaging in or solicitation of 

business without the written permission of the division engineer is 

prohibited.

    (16) Unauthorized structures. The construction or placing of any 

structure of any kind under, upon or over the project lands or water is 

prohibited unless a permit has been issued by the division engineer. 

Structures not under permit are subject to summary removal by the 

division engineer.

    (17) Special events. Prior approval must be obtained from the 

Engineer-In-Charge for special events, recreational programs and group 

activities. The public shall not be charged any fee by the sponsor of 

such event unless the division engineer has approved in writing the 

proposed schedule of fees.

    (18) Interference with government employees. Interference with any 

government employee in the conduct of official duties pertaining to the 

administration of these regulations is prohibited.



[45 FR 51552, Aug. 4, 1980; 45 FR 60430, Sept. 12, 1980, as amended at 

56 FR 13765, Apr. 4, 1991]