Title 33 — Navigation and Navigable Waters
Chapter 9 — Protection of Navigable Waters and of Harbor and River Improvements Generally
§ 412. Liability of masters, pilots, etc., and of vessels engaged in violations
Statutory text
Any and every master, pilot, and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel who shall knowingly engage in towing any scow, boat, or vessel loaded with any material specified in section 407 of this title to any point or place of deposit or discharge in any harbor or navigable water, elsewhere than within the limits defined and permitted by the Secretary of the Army, or who shall willfully injure or destroy any work of the United States contemplated in section 408 of this title, or who shall willfully obstruct the channel of any waterway in the manner contemplated in section 409 of this title, shall be deemed guilty of a violation of this Act, and shall upon conviction be punished as provided in section 411 of this title, and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. And any boat, vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections 407, 408, 409, 414, and 415 of this title shall be liable for the pecuniary penalties specified in section 411 of this title, and in addition thereto for the amount of the damages done by said boat, vessel, scow, raft, or other craft, which latter sum shall be placed to the credit of the appropriation for the improvement of the harbor or waterway in which the damage occurred, and said boat, vessel, scow, raft, or other craft may be proceeded against summarily by way of libel in any district court of the United States having jurisdiction thereof.
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. 55–425 § 16 · 30 Stat. 1121
Enacted · 33 U.S.C. § 412
Mar. 3, 1899, ch. 425, § 16, 30 Stat. 1153
Source evidence
Code source credit
Mar. 3, 1899, ch. 425, § 16, 30 Stat. 1153Enacted provision · exact public law section
Sec. 16. That every person and every corporation that shall violate, Penalties. or that shall knowingly aid, abet, authorize, or instigate a violation of the provisions of sections thirteen, fourteen, and fifteen of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding twenty-five hundred dollars nor less than five hundred dollars, or by imprisonment (in the case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction. And any and every master, pilot, and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel who shall knowingly engage in towing any scow, boat, or vessel loaded with any material specified in section thirteen of this Act to any point or place of deposit or discharge in any harbor or navigable water, elsewhere than within the limits defined and permitted by the Secretary of War, or who shall willfully injure or destroy any -work of the United States contemplated in section fourteen of this Act, or who shall willfully obstruct the channel of any waterway in the manner contemplated in section fifteen of this Act, shall be deemed guilty of a violation of this Act, and shall upon conviction be punished as hereinbefore provided in this section, and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. And any boat, vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections thirteen, fourteen, and fifteen of this Act shall be liable for the pecuniary penalties specified in this section, and in addition thereto for the amount of the damages done by said boat, vessel, scow, raft, or other craft, which latter sum shall be placed to the credit of the appropriation for the improvement of the harbor or waterway in which the damage occurred, and said boat, vessel, scow, raft, or other craft may be proceeded against summarily by way of libel in any district court of the United States having jurisdiction thereof.Water Resources Development Act of 1996
Pub. L. 104–303 title II § 218(a)(1) · 110 Stat. 3658
Substituted · 33 U.S.C. § 412
Pub. L. 104–303 substituted “407, 408, 409, 414, and 415 of this title” for “407, 408, and 409 of this title”
Source evidence
Code amendment note
Pub. L. 104–303 substituted “407, 408, 409, 414, and 415 of this title” for “407, 408, and 409 of this title”.Enacted provision · exact public law section
(1) by striking “thirteen, fourteen, and fifteen” each place it appears and inserting “13, 14, 15, 19, and 20”; and
2 of 2 references resolved to an enrolled provision
Editorial Notes
References in Text
This Act, referred to in text, is act Mar. 3, 1899, ch. 425, 30 Stat. 1148, popularly known as the Rivers and Harbors Appropriation Act of 1899, which enacted sections 401, 403, 404, 406, 407, 408, 409, 411 to 416, 418, 502, 549, and 687 of this title, and amended section 686 of this title. For complete classification of this Act to the Code, see Tables.
Codification
Section is from part of section 16 of act , popularly known as the “Rivers and Harbors Appropriation Act of 1899”. The balance of such section, relating to penalties for the wrongful deposit of refuse, is classified to section 411 of this title.
Amendments
1996—Pub. L. 104–303 substituted “407, 408, 409, 414, and 415 of this title” for “407, 408, and 409 of this title”.
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.
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89–670, § 6(g)(6)(A), , 80 Stat. 941, which created Department of Transportation. Pub. L. 97–449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89–670, and repealed section 6(g)(6)(A).
Credits
1899–1996 · 3 acts
- 1899Mar. 3, 1899, ch. 425, § 16, 30 Stat. 1153
- 1947July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501
- 1996Pub. L. 104–303, title II, § 218(a)(1), , 110 Stat. 3696.
Show as published
(Mar. 3, 1899, ch. 425, § 16, 30 Stat. 1153; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 104–303, title II, § 218(a)(1), , 110 Stat. 3696.)