33 U.S.C. § 451a — Harbors subject to this subchapter

Page 80 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 450 (June 29, 1888, ch. 496, § 4, 25 Stat. 210; Pub. L. 85–802, § 1(5), Aug. 28, 1958, 72 Stat. 970.) Editorial Notes REFERENCES IN TEXT Sections 443 to 448 of this title, referred to in text, were in the original ‘‘the third section of this Act’’, meaning section 3 of act June 29, 1888, which enacted sections 443 to 448 of this title. The provision of section 3 relating to specification of the limits within which to discharge is classified to section 443 of this title. CODIFICATION Section was enacted as part of section 4 of act June 29, 1888, which enacted sections 449 and 450 of this title. AMENDMENTS 1958—Pub. L. 85–802 substituted ‘‘any harbor subject to this subchapter’’ for ‘‘the harbor of New York, or the waters adjacent or tributary thereto’’ and ‘‘the waters of that harbor’’ for ‘‘the waters of the harbor of New York’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85–802, set out as a note under section 441 of this title. § 450. Liability of vessel Any boat or vessel used or employed in vio- lating any provision of this subchapter, shall be liable to the pecuniary penalties imposed there- by, and may be proceeded against, summarily by way of libel in any district court of the United States having jurisdiction thereof. (June 29, 1888, ch. 496, § 4, 25 Stat. 210.) Editorial Notes CODIFICATION Section was enacted as part of section 4 of act June 29, 1888, which enacted sections 449 and 450 of this title. § 451. Supervisor of harbor; appointment and du- ties An officer of the Corps of Engineers shall, for each harbor subject to this subchapter, be des- ignated by the Secretary of the Army as super- visor of the harbor, to act under the direction of the Chief of Engineers in enforcing the provi- sions of this subchapter, and in detecting offend- ers against the same. Each such officer shall have personal charge and supervision under the Chief of Engineers, and shall direct the patrol boats and other means to detect and bring to punishment offenders against the provisions of this subchapter. (June 29, 1888, ch. 496, § 5, 25 Stat. 210; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; June 29, 1949, ch. 278, 63 Stat. 300; July 12, 1952, ch. 707, 66 Stat. 596; Pub. L. 85–802, § 1(6), Aug. 28, 1958, 72 Stat. 970.) Editorial Notes AMENDMENTS 1958—Pub. L. 85–802 inserted ‘‘for each harbor subject to this subchapter,’’ and substituted ‘‘Each such offi- cer’’ for ‘‘This officer’’. 1952—Act July 12, 1952, transferred enforcement re- sponsibilities of this section from a Naval officer to the Army district engineer at New York. 1949—Act June 29, 1949, struck out ‘‘shall receive the sea-pay of his grade and’’ after ‘‘this officer’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85–802, set out as a note under section 441 of this title. § 451a. Harbors subject to this subchapter The following harbors shall be subject to this subchapter: (1) The harbor of New York. (2) The harbor of Hampton Roads. (3) The harbor of Baltimore. (June 29, 1888, ch. 496, § 6, 25 Stat. 210; Pub. L. 85–802, § 1(7), Aug. 28, 1958, 72 Stat. 970.) Editorial Notes AMENDMENTS 1958—Pub. L. 85–802 substituted provisions making harbors of New York, Hampton Roads, and Baltimore subject to this subchapter for appropriation provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85–802, set out as a note under section 441 of this title. § 451b. Waters included within subchapter For the purposes of this subchapter— (1) The term ‘‘harbor of New York’’ means the tidal waters of the harbor of New York, its adja- cent and tributary waters, and those of Long Is- land Sound. (2) The term ‘‘harbor of Hampton Roads’’ means the tidal waters of the harbors of Nor- folk, Portsmouth, Newport News, Hampton Roads, and their adjacent and tributary waters, so much of the Chesapeake Bay and its tribu- taries as lies within the State of Virginia, and so much of the Atlantic Ocean and its tributaries as lies within the jurisdiction of the United States within or to the east of the State of Vir- ginia. (3) The term ‘‘harbor of Baltimore’’ means the tidal waters of the harbor of Baltimore and its adjacent and tributary waters, and so much of Chesapeake Bay and its tributaries as lies with- in the State of Maryland. (June 29, 1888, ch. 496, § 7, as added Pub. L. 85–802, § 1(8), Aug. 28, 1958, 72 Stat. 970.)