33 U.S.C. § 451b — Waters included within 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.) Page 81 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 454 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85–802, set out as an Effective Date of 1958 Amendment note under section 441 of this title. § 452. Taking shellfish or otherwise interfering with navigation in New York Harbor chan- nels; penalty; arrest and procedure It shall be unlawful for any person or persons to engage in fishing or dredging for shellfish in any of the channels leading to and from the har- bor of New York, or to interfere in any way with the safe navigation of those channels by ocean steamships and ships of deep draft. Any person or persons violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine or imprisonment, or both, such fine to be not more than $250 nor less than $50, and the imprisonment to be not more than six months nor less than thirty days, ei- ther or both united, as the judge before whom conviction is obtained shall decide. It shall be the duty of the United States super- visor of the harbor to enforce this section, and the deputy inspectors of the said supervisor shall have authority to arrest and take into cus- tody, with or without process, any person or per- sons, who may commit any of the acts or of- fenses prohibited by this section: Provided, That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspector or deputy inspec- tors, or either of them: And provided further, That whenever any such arrest is made the per- son 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 mag- istrate judge, judge or court shall proceed in re- spect thereto as authorized by law in case of crimes against the United States. (Aug. 18, 1894, ch. 299, § 2, 28 Stat. 360; 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 CODIFICATION Section was not enacted as part of act June 29, 1888, ch. 496, 25 Stat. 209, which comprises 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’’ was substituted for ‘‘commissioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. § 453. Regulations for navigation of Ambrose Channel; exclusion of tows and sailing ves- sels The Secretary of the Army is authorized to make such rules and regulations for the naviga- tion of Ambrose Channel as he may deem nec- essary or expedient to insure its safe use in all kinds of weather, night and day, for all vessels under control and running under their own power, and to this end he may, in his discretion, forbid its use to tows of every description and to sailing vessels. (Mar. 4, 1913, ch. 144, § 1, 37 Stat. 803; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION Section was not enacted as part of act June 29, 1888, ch. 496, 25 Stat. 209, which comprises this subchapter. 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. § 454. Consent of Congress to obstruction of wa- ters by New York City The consent of Congress is given to the city of New York, in the State of New York, to obstruct navigation of any river or other waterway which does not form a connecting link between other navigable waters of the United States, and lying wholly within the limits of said city, by closing all or any portion of the same or by building structures in or over the same when the said city shall be lawfully authorized to do so by the State of New York: Provided, however, That any such obstruction shall be unlawful unless the lo- cation and plans for the proposed work or works before the commencement thereof shall have been filed with and approved by the Secretary of the Army and Chief of Engineers; and when the plans for any such obstruction have been ap- proved by the Chief of Engineers and by the Sec- retary of the Army it shall not be lawful to devi- ate from such plans either before or after the completion of such obstruction, unless the modi- fication of such plans has previously been sub- mitted to and received the approval of the Chief of Engineers and the Secretary of the Army: And provided further, That the city of New York shall be liable for any damage that may be inflicted upon private property by reason of any of the provisions of this section. The right to alter, amend, or repeal this sec- tion is expressly reserved, and the United States shall incur no liability for the alteration, amendment, or repeal thereof to the city of New York, or to the owner or owners, or any other persons interested in any obstruction which shall have been constructed under its provisions. (June 25, 1910, ch. 436, §§ 1, 2, 36 Stat. 866, 867; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)