[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
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]