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Title 33 — Navigation and Navigable Waters

Chapter 1 — Navigable Waters Generally

§ 2. Regulations for navigation of South and Southwest Passes of Mississippi River; penalties

Statutory text

The Secretary of the Army is authorized to make such rules and regulations for the navigation of the South and Southwest Passes of the Mississippi River as to him shall seem necessary or expedient for the purpose of preventing any obstruction to the channels through said South and Southwest Passes and any injury to the works therein constructed. The term “South and Southwest Passes”, as employed in this section, shall be construed as embracing the entire extent of channel in each case, between the upper ends of the works at the head of the pass and the outer or sea ends of the jetties at the entrance from the Gulf of Mexico; and any willful violation of any rule or regulation made by the Secretary of the Army in pursuance of this section shall be deemed a misdemeanor, for which the owner or owners, agent or agents, master or pilot of the vessel so offending shall be separately or collectively responsible, and on conviction thereof shall be punished by a fine of not less than $100, nor exceeding $500, or by imprisonment for not exceeding three months, or by both fine and imprisonment, at the discretion of the court.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 60–264 § 5 · 35 Stat. 815

    Enacted · 33 U.S.C. § 2

    Mar. 3, 1909, ch. 264, § 5, 35 Stat. 818

    Source evidence

    Code source credit
    Mar. 3, 1909, ch. 264, § 5, 35 Stat. 818

    Enacted provision · exact public law section
    Sec. 5. For regulations in channels already improved or under way Ambrose Channel N. Y. Harbor. it is enacted— That during the further progress of dredging Ambrose Channel, Regulations of navigation at night. New York Harbor, the navigation of the part thereof now dredged to the full depth of forty feet may be carried on during the night as Mississippi River. Regulation of navigation of South and Southwest passes. well as by day, and may be extended by regulations to be issued by the Secretary of War to all government vessels, foreign and coastwise steamships, and to such other vessels as, in his judgment, will not unduly interfere with the progress of the improvement; and the navigation of the incompleted part of said channel may be prohibited by such regulations. That the Secretary of War be, and is hereby, authorized to make Channels embraced. such rules and regulations for the navigation of the South and Southwest passes of the Mississippi River as to him shall seem necessary or expedient for the purpose of preventing any obstruction to the. channels through said South and Southwest passes and any injury to the works therein constructed. The term “South and Southwest passes,” Penalty for violations. as herein employed, shall be construed as embracing the entire extent of channel, in each case, between the upper ends of the works at the head of the pass and the outer or sea ends of the jetties at the entrance from the Gulf of Mexico: and any willful violation of any rule or regulation Government locks, canals, etc. Vol. 23. p. 147, amended. made by the Secretary of War in pursuance of this Act shall be deemed a misdemeanor, for which the owner or owners, agent or agents, master or pilot of the vessel so offending shall be separately or collectively responsible, and on conviction thereof shall be punished by a fine of not less than one hundred dollars, nor exceeding five hundred dollars, or by imprisonment for not exceeding three months, or by both fine and imprisonment, at the discretion of the court.

1 of 1 references resolved to an enrolled provision

Editorial Notes

Codification

These provisions were part of section 5 of act , popularly known as the “River and Harbor Appropriation Act of 1909”.

These provisions superseded previous similar provisions relating to the navigation of the South Pass only, contained in act Aug. 11, 1888, ch. 860, § 5, 25 Stat. 424, amended by act Sept. 19, 1890, ch. 907, § 3, 26 Stat. 452.

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act , was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act , enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Credits

1909–1947 · 2 acts
  1. 1909Mar. 3, 1909, ch. 264, § 5, 35 Stat. 818
  2. 1947July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.
Show as published

(Mar. 3, 1909, ch. 264, § 5, 35 Stat. 818; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

Parsed from the official OLRC USLM XML in data/usc_all/usc33.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t33/s2