Sec. 1149. NO WAKE ZONES IN NAVIGATION CHANNELS
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## SEC. 1149 NO WAKE ZONES IN NAVIGATION CHANNELS **[**[33 U.S.C. 1223 note](/us/usc/t33/s1223)**]** ###
(a)In general At the request of a State or local official, the Secretary, in consultation with the Commandant of the Coast Guard, shall promptly identify and, subject to the considerations in subsection (b), allow the implementation of measures for addressing navigation safety hazards in a covered navigation channel resulting from wakes created by covered vessels identified by such official, while maintaining the navigability of the channel. ###
(b)Considerations In identifying measures under subsection
(a)with respect to a covered navigation channel, the Secretary shall consider, at a minimum, whether— ####
(1)State or local law enforcement officers have documented the existence of safety hazards in the channel that are the direct result of excessive wakes from covered vessels present in the channel; ####
(2)the Secretary has made a determination that safety concerns exist in the channel and that the proposed measures will remedy those concerns without significant impacts to the navigable capacity of the channel; and ####
(3)the measures are consistent with any recommendations made by the Commandant of the Coast Guard to ensure the safety of vessels operating in the channel and the safety of the passengers and crew aboard such vessels. ###
(c)Definitions In this section: ####
(1)Covered navigation channel The term “**covered navigation channel**” means a navigation channel that— #####
(A)is federally marked or maintained; #####
(B)is part of the Atlantic Intracoastal Waterway; and #####
(C)is adjacent to a marina. ####
(2)Covered vessel The term “**covered vessel**” means a covered vessel or an uninspected passenger vessel, as such terms are defined in section 2101 of title 46, United States Code. ###
(d)Savings Clause Nothing in this section shall be construed to relieve the master, pilot, or other person responsible for determining the speed of a vessel from the obligation to comply with the inland navigation regulations promulgated pursuant to section 3 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2071) or any other applicable laws or regulations governing the safe navigation of a vessel.
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- 33 USC 1223
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