Title 33 — Navigation and Navigable Waters
Chapter 9 — Protection of Navigable Waters and of Harbor and River Improvements Generally
§ 403a. Creation or continuance of obstruction of navigable waters
Statutory text
The creation of any obstruction, not affirmatively authorized by law, to the navigable capacity of any waters, in respect of which the United States has jurisdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks, and wharves, and similar structures erected for business purposes, whether heretofore or hereafter created, shall constitute an offense and each week’s continuance of any such obstruction shall be deemed a separate offense. Every person and every corporation which shall be guilty of creating or continuing any such unlawful obstruction in this act mentioned, or who shall violate the provisions of the last four preceding sections of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court, the creating or continuing of any unlawful obstruction in this act mentioned may be prevented and such obstruction may be caused to be removed by the injunction of any district court exercising jurisdiction in any district in which such obstruction may be threatened or may exist; and proper proceedings in equity to this end may be instituted under the direction of the Attorney-General of the United States.
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.
Pub. L. 51–907 § 10 · 26 Stat. 426
Enacted · 33 U.S.C. § 403a
Sept. 19, 1890, ch. 907, § 10, 26 Stat. 454
Source evidence
Code source credit
Sept. 19, 1890, ch. 907, § 10, 26 Stat. 454Enacted provision · exact public law section
Sec. 10. That the creation of any obstruction, not affirmatively No unlawful obstructions to be created or continued. authorized by law, to the navigable capacity of any waters, in respect of which the United States has jurisdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks and wharves, and similar structures erected for business purposes, whether heretofore or hereafter created, shall Separate offenses. constitute an offense and each week’s continuance of any such obstruction FIFTY-FIRST CONGRESS. Sess. I. Ch. 907. 1890. shall be deemed a separate offense. Every person and every corporation Punishment for violation. which shall be guilty of creating or continuing any such unlawful obstruction in this act mentioned, or who shall violate the provisions of the last four preceding sections of this act, shall be Ante, pp. 458, 454. deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court, the creating or continuing of any unlawful obstruction in this act mentioned Prevention, etc., by injunction. may be prevented and such obstruction may be caused to be removed by the injunction of any circuit court exercising jurisdiction Jurisdiction. in any district in which such obstruction may be threatened or may exist; and proper proceedings in equity to this end may be instituted Procedure. under the direction of the Attorney-General of the United States.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
This act, referred to in text, is act Sept. 19, 1890, ch. 907, 26 Stat. 426. Sections 6 to 9 of the Act are not classified to the Code. For complete classification of this act to the Code, see Tables.
Codification
Text of section, which was previously omitted from the Code, was restored in view of conflicting court decisions as to whether or not section had been repealed or superseded. See eg. United States v. Wishkah Boom Co., 136 F. 42 (9th Cir. 1905), (appeal dismissed [1906] 202 U.S. 613); United States v. Wilson, 235 F.2d 251 (2d Cir. 1956).
Credits
1890–1911 · 2 acts
- 1890Sept. 19, 1890, ch. 907, § 10, 26 Stat. 454
- 1911Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.
Show as published
(Sept. 19, 1890, ch. 907, § 10, 26 Stat. 454; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.)