Date of Award Master of Arts in Marine Affairs In recent times,
there has been a proliferation of laws enacted by individual
states and townships which restrict the ability of mariners to
anchor within navigable waters of the United States. These laws
have been enacted in many of the coastal states, but are most
prevalent in California, Florida and Hawaii. Uncertainty as to
whether anchoring is an act of navigation, thereby being a
constitutional right, has resulted in confusion among boaters,
legal authorities and policy makers. In an attempt to clarify
the uncertainty surrounding this issue, a lawsuit challenging
the constitutionality of anchoring laws within the State of
Hawaii has come before the public eye. Although the Hawaiian
lawsuit is focused solely upon anchoring laws which affect that
state, the ultimate outcome of the case could set precedent for
this issue on a national basis. As case history has been
unhelpfully silent in the resolution of the anchoring issue,
primary legal doctrines, such as t