33 U.S.C. § 446 — Inspectors; appointment, powers, and du-

Page 78 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 445 towboats from the penalties mentioned in sec- tion 441 of this title. (June 29, 1888, ch. 496, § 3, 25 Stat. 209; Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360; May 28, 1908, ch. 212, § 8, 35 Stat. 426.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Aug. 18, 1894, ch. 299, 28 Stat. 356, which enacted sections 1, 31, and 452 of this title and amended sections 443 to 448 and 499 of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted sec- tions 443 to 448 of this title. See Codification note set out under section 443 of this title. § 445. Equipment and marking of boats or scows Every scow or boat engaged in the transpor- tation of dredgings, earth, sand, mud, cellar dirt, garbage, or other offensive material of any description shall have its name or number and owner’s name painted in letters and numbers at least fourteen inches long on both sides of the scow or boat; these names and numbers shall be kept distinctly legible at all times, and no scow or boat not so marked shall be used to transport or dump any such material. Each such scow or boat shall be equipped at all times with a life line or rope extending at least the length of and three feet above the deck thereof, such rope to be attached to the coaming thereof, also with a life preserver and a life buoy for each person on board thereof, also with anchor to weigh not less than two hundred and seventy-five pounds, and at least one hundred feet of cable attached thereto; a list of the names of all men employed on any such scow or boat shall be kept by the owner or master thereof and the said list shall be open to the inspection of all parties. Failure to comply with any of the foregoing provisions shall render the owner of such scow or boat lia- ble upon conviction thereof to a penalty of not more than $500: Provided, That the requirements in regard to life line or rope contained in this section shall not apply to any scow or boat the deck outside the coaming or rail of which shall not exceed one foot in width: And provided fur- ther, That on any such scow or boat its name or number and owner’s name painted in letters and numbers, at least fourteen inches long on both ends of such scow or boat, shall be a compliance with the provisions of this section in regard to name, number, and owner’s name. (June 29, 1888, ch. 496, § 3, 25 Stat. 209; Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360; May 28, 1908, ch. 212, § 8, 35 Stat. 427; Feb. 16, 1909, ch. 132, 35 Stat. 623.) Editorial Notes CODIFICATION Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted sec- tions 443 to 448 of this title. See Codification note set out under section 443 of this title. Provisos are from act Feb. 16, 1909. § 446. Inspectors; appointment, powers, and du- ties Each supervisor of a harbor is authorized and directed to appoint inspectors and deputy in- spectors, and for the purposes of enforcing this subchapter and the Act of August 18, 1894, enti- tled ‘‘An Act making appropriations for the con- struction, repair, and preservation of certain public works on rivers and harbors, and for other purposes’’ (28 Stat. 338), and of detecting and bringing to punishment offenders against the same, the said supervisor of the harbor, and the inspectors and deputy inspectors so ap- pointed by him, shall have power and authority. First. To arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by this subchapter, or who may violate any of the provisions of the same: Provided, That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspectors or deputy inspectors, or either of them: And provided further, That whenever any such arrest is made the person or persons so arrested shall be brought forthwith before a magistrate judge, judge, or court of the United States for examination of the offenses alleged against him; and such magistrate judge, judge, or court shall proceed in respect thereto as au- thorized by law in case of crimes against the United States. Second. To go on board of any scow or towboat engaged in unlawful dumping of prohibited ma- terial, or in moving the same without a permit, as required in sections 443 to 448 of this title, or otherwise violating sections 443 to 448 of this title, and to seize and hold said boats until they are discharged by action of the magistrate judge, judge, or court of the United States be- fore whom the offending persons are brought. Third. To arrest and take into custody any witness or witnesses to such unlawful dumping of prohibited material, the said witnesses to be released under proper bonds. Fourth. To go on board of any towboat having in tow scows or boats loaded with such prohib- ited material, and accompany the same to the place of dumping, whenever such action appears to be necessary to secure compliance with the requirements of this subchapter and of the Act aforesaid. Fifth. To enter gas and oil works and all other manufacturing works for the purpose of discov- ering the disposition made of sludge, acid, or other injurious material, whenever there is good reason to believe that such sludge, acid, or other injurious material is allowed to run into tidal waters of the harbor in violation of section 441 of this title. (June 29, 1888, ch. 496, § 3, 25 Stat. 209; Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360; May 28, 1908, ch. 212, § 8, 35 Stat. 427; Pub. L. 85–802, § 1(3), Aug. 28, 1958, 72 Stat. 970; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes REFERENCES IN TEXT Act of August 18, 1894, referred to in provision pre- ceding First paragraph, and Act aforesaid, referred to Page 79 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 449 in Fourth paragraph, mean act Aug. 18, 1894, ch. 299, 28 Stat. 356, which enacted sections 1, 31, and 452 of this title and amended sections 443 to 448 and 499 of this title. For complete classification of this Act to the Code, see Tables. Sections 443 to 448 of this title, referred to in the Sec- ond paragraph, were in the original ‘‘this 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 issuance of permits is classified to section 443 of this title. CODIFICATION Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted sec- tions 443 to 448 of this title. See Codification note set out under section 443 of this title. AMENDMENTS 1958—Pub. L. 85–802 substituted ‘‘Each supervisor of a harbor is authorized and directed to appoint inspectors and deputy inspectors, and, for the purposes of enforc- ing this subchapter’’ for ‘‘The supervisor of the harbor of New York, designated as provided in section 451 of this title, is authorized and directed to appoint inspec- tors and deputy inspectors, and for the purpose of en- forcing sections 1, 31, and this subchapter’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Magistrate judge’’ substituted in text for ‘‘mag- istrate’’ pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, ‘‘magistrate’’ sub- stituted for ‘‘commissioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. 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. § 447. Bribery of inspector; penalty Every person who, directly or indirectly, gives any sum of money or other bribe, present, or re- ward, or makes any offer of the same to any in- spector, deputy inspector, or other employee of the office of any supervisor of a harbor with in- tent to influence such inspector, deputy inspec- tor, or other employee to permit or overlook any violation of the provisions of this sub- chapter, shall, on conviction thereof, be fined not less than $500 nor more than $1,000, and be imprisoned not less than six months nor more than one year. (June 29, 1888, ch. 496, § 3, 25 Stat. 209; Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360; May 28, 1908, ch. 212, § 8, 35 Stat. 428; Pub. L. 85–802, § 1(4), Aug. 28, 1958, 72 Stat. 970.) Editorial Notes CODIFICATION Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted sec- tions 443 to 448 of this title. See Codification note set out under section 443 of this title. AMENDMENTS 1958—Pub. L. 85–802 substituted ‘‘any supervisor of a harbor’’ for ‘‘the supervisor of the harbor’’. 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. § 448. Return of permit; penalty for failure to re- turn Every permit issued in accordance with the provisions of sections 443 to 448 of this title, which may not be taken up by an inspector or deputy inspector, shall be returned within four days after issuance to the office of the super- visor of the harbor; such permit shall bear an indorsement by the master of the towboat, or the person acting in such capacity, stating whether the permit has been used, and, if so, the time and place of dumping. Any person violating the provisions of this section shall be liable to a fine of not more than $500 nor less than $100. (June 29, 1888, ch. 496, § 3, 25 Stat. 209; Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360; May 28, 1908, ch. 212, § 8, 35 Stat. 428.) Editorial Notes REFERENCES IN TEXT Sections 443 to 448 of this title, referred to in text, were in the original ‘‘this 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 issuance of permits is classified to section 443 of this title. CODIFICATION Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888 enacted sec- tions 443 to 448 of this title. See Codification note set out under section 443 of this title. § 449. Disposition of dredged matter; persons lia- ble; penalty All mud, dirt, sand, dredgings, and material of every kind and description whatever taken, dredged, or excavated from any slip, basin, or shoal in any harbor subject to this subchapter, and placed on any boat, scow, or vessel for the purpose of being taken or towed upon the waters of that harbor to a place of deposit, shall be de- posited and discharged at such place or within such limits as shall be defined and specified by the supervisor of the harbor, as in sections 443 to 448 of this title prescribed, and not otherwise. Every person, firm, or corporation being the owner of any slip, basin, or shoal, from which such mud, dirt, sand, dredgings, and material shall be taken, dredged, or excavated, and every person, firm, or corporation in any manner en- gaged in the work of dredging or excavating any such slip, basin, or shoal, or of removing such mud, dirt, sand, or dredgings therefrom, shall severally be responsible for the deposit and dis- charge of all such mud, dirt, sand, or dredgings at such place or within such limits so defined and prescribed by said supervisor of the harbor; and for every violation of the provisions of this section the person offending shall be guilty of an offense, and shall be punished by a fine equal to the sum of $5 for every cubic yard of mud, dirt, sand, dredgings, or material not deposited or discharged as required by this section.