Dredges have long been objects of fascination; they represent the physical manifestation of progress, of "a new opening," of expanded water services. But, while symbolizing progress, they oftentimes also represent an obstruction, necessary though it may be, to water traffic.

Robert A. Feltner, an attorney specializing in admiralty law, has used Texas Gulf dredging operations as the backdrop against which he draws this critique, especially written by the author for the Proceedings. The Coast Guard is vitally interested in this facet of navigational safety; however, the views expressed are the author's and do not necessarily represent those of the Coast Guard.

Mr. Feltner was educated at Harvard College and Law School. He practiced law for 13 years in New York City before moving to Houston in 1962. He is a member of the bars of New York and Texas, of the Federal courts in those States, and of the U.S. Supreme Court. He is a member of the Committee on Supreme Court Admiralty Rules of the Maritime Law Association, of the Standing Committee on Admiralty and Maritime Law of the American Bar Association, and of the Safety and Advisory Council of the Port of Houston.

WHEN

SHIP

MEETS

DREDGE

A Critique

BY

Robert A. Feltner

DREDGES ARE VITAL to modern navigation. They have greatly contributed to the growth of ports and shipping, opening to large vessels channels that would otherwise be impassable. Safety owes much to their success in deepening and straightening narrow waterways. But, inevitably, as they work, they themselves are a hazard to ships, blocking off to traffic parts of channels, often at difficult bends, and compelling passage at low speeds sometimes incompatible with the maintenance of steerageway.

If collisions are to be prevented, ship pilots and dredge operators must work together to minimize these risks. Common sense will dictate many of the precautions to be taken. Others are spelled out by law-by the Inland and Pilot Rules, the Army Engineers' Regulations, and by the decisions of our courts in litigated cases. Shipping interests are familiar with the text of the rules and regulations, but can not be equally cognizant of the interpretations placed upon them by our judges or of the standards of conduct framed by our courts independently of the rules and regulations. It is the purpose of this article to bring together some of the more important of these holdings for the benefit of pilots and operators alike, and to set forth some practical suggestions de

rived from investigation and litigation of collision matters.

TYPES OF DREDGES

Dredges come in an infinite variety, ranging from the largest, seagoing, self-propelled and self-contained units, with crews of up to 100 officers and men, down to small bargemounted clamshells working with a crew of only 2 or 3. Each has its own special problems and presents special problems to passing vessels. For our purposes, however, they need be classified in only two ways: (1) How they move, and (2) how they work.

Some of the larger hydraulic and ladder dredges are self-propelled, and therefore relatively maneuverable. Most dredges, however, are not. For

spuds at the forward end upon (or into) the bottom. They are not selfpropelled, but can be moved forward by lowering the dipper, raising the forward spuds, and then pulling on the backing rope which leads to the dipper handle.

Bucket or ladder dredges have a continuous chain arrangement with buckets attached at intervals. They move across the cut by means of swinging lines attached to anchors. Most harbor dredges of this type are self-propelled, and some are equipped with hoppers so that they may be dumped at sea.

Clamshell dredges work with a "grab" on a line running from the end of a boom. They do not "pin up", and so roll as the boom swings (or in swells cast by passing vessels),

cial publications before attempting to take large vessels up or down a narrow channel. Because of the time necessary to collect the information, print it, and distribute it, the Notices cannot be entirely up to date. Further, from what has been said concerning the characteristics of various types of dredges, it can be seen that a pilot will have a much better idea of the maneuverability that will be required of his ship if he knows what type of dredge is at work, whether it has lines or a pipeline running across the channel, whether it has tug assistance at hand, what other craft are present, and the exact location where it will be working when he passes, both with respect to the position across the channel and the position up and down the channel.

working purposes, they can move themselves only slowly and for short distances, by manipulation of spuds and/or lines running to anchors or to shore. Otherwise, they must rely on tug assistance.

Hydraulic dredges work by sucking material from the bottom. Some self-propelled units, sometimes called "hopper" dredges, have built-in compartments to receive the dredged material. Those that do not (called "pipeline" or "cutter" dredges) must have a discharge pipe. If the pipe crosses the channel, it may be floated on pontoons, although in recent years, more dredges have used submerged lines. Usually, the pipe can be shifted only by auxiliary vessels, but on "dustpan" dredges, it can be controlled from the dredge.

Dipper dredges work by a shovel arrangement similar to that on steam shovels used in excavating building sites on land. While working, they are "pinned up" by pressing down

Just as the pilot should be familiar with the dredges, so the dredge operator should be familiar with the traffic. Where the work is being done for the Army Engineers, a general description of the traffic in the area will usually be provided in the special conditions section of the invitation for bids. Again, more information should be obtained than is thus provided. If there is barge traffic, for example, the dredge operator should ascertain the size of flotillas and whether they are usually handled in push tows, in hawser tows, or alongside; the usual range of draft and horsepower of the tow boats, etc. If there is ship traffic, the dredge operator will want to know the number and the maximum size and draft, of the vessels that customarily use the channel.

A great deal can be accomplished by informal consultations between the dredge operators and pilots' associations before the work is begun.

With respect to the law, every man in charge of a vessel should be familiar with the regulations applicable to the waters in which he works. Licensed pilots and ships' officers are knowledgeable; periodic examinations by the Coast Guard and other authorities assure that. Captains of uninspected inland diesel tugs and levermen on dredges do not, however, need a license; and experience has shown that some companies have not assured that their responsible personnel are knowledgeable in the Rules for Preventing Collisions. This can cause serious consequences. That some tugs and some dredges are small is no excuse; the smallest of vessels can cause a major disaster on a busy channel.

DUTY OF THE DREDGE TO KEEP CHANNEL OPEN

Dredge operators are often warned in the technical provisions of the Army Engineers' contracts that

"The Government will not undertake to keep the channel free from vessels and other obstructions, except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the River and Harbor Act approved 8 August 1917.1 The contractor shall be required to conduct the work in such manner as to obstruct navigation as little as possible, and in case the contractor's plant so obstructs the channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. Upon completion of the work, the contractor shall promptly remove his plant, including ranges, buoys, piles and other marks placed by him under the contract in navigable waters or on shore."

The Army Engineers' regulations are described below. All dredge operators, of course, are subject to these regulations, whether working under government contract or not.

An 1899 statute (33 U.S. Code, sec. 409) provides in part:

It shall not be lawful to tie up or anchor vessels or other craft in narrow channels in such a

1 The statute referred to is the general grant of authority, 33 USC, sec. 1, which provides in part:

"It shall be the duty of the Secretary of the Army to prescribe such regulations for the use, administration, and navigation of the navigable waters of the United States as in his Judgment the public necessity may require for the protection of life and property. or of operations of the United States in channel improvement, covering all matters not specifically delegated by law to some other executive department."

manner as to prevent or ob-
struct the passage of other vessels
or craft.

There is no exception in the statute for dredges, and one question which divided the courts in years gone by was the extent to which this statute applies to them. Some judges applied it to all dredges, whether working or not, and one judge even said that liability would necessarily follow if the dredge was in the channel! This was, of course, a wholly unreasonable point of view. The current cases make it clear that the statute does not apply to the working dredge, which is now said to be a "lawful obstruction," with a legal status superior to the ship anchored for its own purposes in the channel but inferior to that of a ship anchored in a properly designated anchorage ground. The dredge which

is not working, on the other hand, does not enjoy the same privilege, and indeed its status is hardly distinguishable from that of any other vessel.

The same prohibition against blocking channels without specific exception for dredges is found in the Army Regulations. Thus, the Engineers provide that, in waterways tributary to the Gulf of Mexico

"A clear channel shall at all times be left open to permit free and unobstructed navigation by all types of vessels and craft that normally use the various waterways or sections thereof. The District Engineer may specify the width of the fairway required in the various waterways under his charge.

"No vessels or rafts shall anchor or moor in any of the land cuts or narrow parts of the waterway, except in