Page:Lozman v. City of Riviera Beach (2013).pdf/12

Rh Rh Dredge & Dock Co. v. Chicago, 3 F.3d 225, 229 (CA7 1993) (“[A] craft is a ‘vessel’ if its purpose is to some reasonable degree ‘the transportation of passengers, cargo, or equipment from place to place across navigable waters)); Cope, supra, at 630 (describing “hopper-barge,” as potentially a “vessel” because it is a “navigable structure[,] used for the purpose of transportation”); cf. 1 Benedict on Admiralty §164, p. 10–6 (7th rev. ed. 2012) (maritime jurisdiction proper if “the craft is a navigable structure intended for maritime transportation”).

Lower court cases also tend, on balance, to support our conclusion. See, e.g., Bernard v. ''Binnings Constr. Co., 741 F.2d 824, 828, n. 13, 832, n. 25 (CA5 1984) (work punt lacking features objectively indicating a transportation function not a “vessel,” for “our decisions make clear that the mere capacity to float or move across navigable waters does not necessarily make a structure a vessel”); Ruddiman v. A Scow Platform'', 38 F. 158 (SDNY 1889) (scow, though “capable of being towed ... though not without some difficulty, from its clumsy structure” just a floating box, not a “vessel,” because “it was not designed or used for the purpose of navigation,” not engaged “in the transportation of persons or cargo,” and had “no motive power, no rudder, no sails”). See also 1 T. Schoenbaum, Admiralty and Maritime Law §3–6, p. 155 (5th ed. 2011) (courts have found that “floating dry-dock[s],” “floating platforms, barges, or rafts used for construction or repair of piers, docks, bridges, pipelines and other” similar facilities are not “vessels”); E. Benedict, American Admiralty §215, p. 116 (3d rev. ed. 1898) (defining “vessel” as a machine adapted to transportation over rivers, seas, and oceans).

We recognize that some lower court opinions can be read as endorsing the “anything that floats” approach. See Miami River Boat Yard, Inc. v. 60’ Houseboat, 390 F.2d 596, 597 (CA5 1968) (so-called “houseboat” lacking self-propulsion); Sea Village Marina, LLC v. A 1980 Carlcraft