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33 U.S.C. § 409 — Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels
Federal law — U.S. Code and appendices · legal_authorities
It shall not be lawful to tie up or anchor vessels or other craft in navigable channels in such a manner as to prevent or obstruct the passage of other vessels or craft; or to sink, or permit or cause to be sunk, vessels or other craft in navigable channels; or to float loose timber and logs, or to float what is known as “sack rafts of timber and logs” in streams or channels actually navigated by steamboats in such manner as to obstruct, impede, or endanger navigation. And whenever a vessel, raft or other craft is wrecked and sunk in a navigable channel, it shall be the duty of the owner, lessee, or operator of such sunken craft to immediately mark it with a buoy or beacon during the day and, unless otherwise granted a waiver by the Commandant of the Coast Guard, a light at night, and to maintain such marks until the sunken craft is removed or abandoned, and the neglect or failure of the said owner, lessee, or operator so to do shall be unlawful; and it shall be the duty of the owner, lessee, or operator of such sunken craft to commence the immediate removal of the same, and prosecute such removal diligently, and failure to do so shall be considered as an abandonment of such craft, and subject the same to removal by the United States as provided for in sections 411 to 416, 418, and 502 of this title. The Commandant of the Coast Guard may waive the requirement to mark a wrecked vessel, raft, or other craft with a light at night if the Commandant determines that placing a light would be impractical and granting such a waiver would not create an undue hazard to navigation.
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Stable record: federal_law:legal_authorities:record_usc_ec4b26586edbcaeeb5076433
Source file: Laws/federal/codes/united-states-code/title-33/section-409-obstruction-of-navigable-waters-by-vessels-floating-timber-marking-and-r--486f3defeb.md
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Passage SHA-256: 63e77cf83d74c408236fb449d75dc073a47e462d644fb32f764139394b11e158
Source location: Title 33, Chapter 9, § 409; chapter-009-protection-of-navigable-waters-and-of-harbor-and-river-improvements-generally.md
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It shall not be lawful to tie up or anchor vessels or other craft in navigable channels in such a manner as to prevent or obstruct the passage of other vessels or craft; or to sink, or permit or cause to be sunk, vessels or other craft in navigable channels; or to float loose timber and logs, or to float what is known as “sack rafts of timber and logs” in streams or channels actually navigated by steamboats in such manner as to obstruct, impede, or endanger navigation. And whenever a vessel, raft or other craft is wrecked and sunk in a navigable channel, it shall be the duty of the owner, lessee, or operator of such sunken craft to immediately mark it with a buoy or beacon during the day and, unless otherwise granted a waiver by the Commandant of the Coast Guard, a light at night, and to maintain such marks until the sunken craft is removed or abandoned, and the neglect or failure of the said owner, lessee, or operator so to do shall be unlawful; and it shall be the duty of the owner, lessee, or operator of such sunken craft to commence the immediate removal of the same, and prosecute such removal diligently, and failure to do so shall be considered as an abandonment of such craft, and subject the same to removal by the United States as provided for in sections 411 to 416, 418, and 502 of this title. The Commandant of the Coast Guard may waive the requirement to mark a wrecked vessel, raft, or other craft with a light at night if the Commandant determines that placing a light would be impractical and granting such a waiver would not create an undue hazard to navigation.
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Federal law — U.S. Code and appendices · legal_authorities
The prohibition contained in [section 409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section409&num=0&edition=prelim) against floating loose timber and logs, or sack rafts, so called, of timber and logs in streams or channels actually navigated by steamboats, shall not apply to any navigable river or waterway of the United States or any part thereof whereon the floating of loose timber and logs and sack rafts of timber and logs is the principal method of navigation. But such method of navigation on such river or waterway or part thereof shall be subject to the rules and regulations prescribed by the Secretary of the Army as provided in this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 410
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section408&num=0&edition=prelim), or who shall willfully obstruct the channel of any waterway in the manner contemplated in [section 409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section409&num=0&edition=prelim), shall be deemed guilty of a violation of this Act, and shall upon conviction be punished as provided in [section 411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section411&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section411&num=0&edition=prelim), and in addition thereto for the amount of the damages done by said boat, vessel, scow, raft, or other craft, which latter sum shall
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 412
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Federal law — U.S. Code and appendices · legal_authorities
Page 53
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 410
Statutory Notes and Related Subsidiaries
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Army, see sec-
tion 2 of Pub. L. 113–121, set out as a note under section
2201 of this title.
§ 409. Obstruction of navigable waters by vessels;
floating timber; marking and removal of
sunken vessels
It shall not be lawful to tie up or anchor ves-
sels or other craft in navigable channels in such
a manner as to prevent or obstruct the passage
of other vessels or craft; or to sink, or permit or
cause to be sunk, vessels or other craft in navi-
gable channels; or to float loose timber and logs,
or to float what is known as ‘‘sack rafts of tim-
ber and logs’’ in streams or channels actually
navigated by steamboats in such manner as to
obstruct, impede, or endanger navigation. And
whenever a vessel, raft or other craft is wrecked
and sunk in a navigable channel, it shall be the
duty of the owner, lessee, or operator of such
sunken craft to immediately mark it with a
buoy or beacon during the day and, unless other-
wise granted a waiver by the Commandant of
the Coast Guard, a light at night, and to main-
tain such marks until the sunken craft is re-
moved or abandoned, and the neglect or failure
of the said owner, lessee, or operator so to do
shall be unlawful; and it shall be the duty of the
owner, lessee, or operator of such sunken craft
to commence the immediate removal of the
same, and prosecute such removal diligently,
and failure to do so shall be considered as an
abandonment of such craft, and subject the
same to removal by the United States as pro-
vided for in sections 411 to 416, 418, and 502 of
this title. The Commandant of the Coast Guard
may waive the requirement to mark a wrecked
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 409
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.