33 U.S.C. § 442 — Liability of officers of towing vessel

Page 76 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 442 Editorial Notes PRIOR PROVISIONS Section 1 of act June 29, 1888, superseded act Aug. 5, 1886, ch. 929, § 3, 24 Stat. 329, which provided that: ‘‘It shall not be lawful to cast, throw, empty, or unlade, or cause, suffer, or procure to be cast, thrown, emptied, or unladen, either from or out of any ship, vessel, lighter, barge, boat, or other craft, or from the shore, pier, wharf, or mills of any kind whatever, any ballast, stone, slate, gravel, earth, slack, rubbish, wreck, filth, slabs, edgings, sawdust, slag or cinders or other refuse or mill-waste of any kind, into New York Harbor: Pro- vided, That nothing herein contained shall extend, or be construed to extend, to the casting out, unlading, or throwing out of any ship or vessel, lighter, barge, boat, or other craft, any stones, rocks, bricks, lime, or other materials used, or to be used, in or toward the building, repairing, or keeping in repair any quay, pier, wharf, weir, bridge, building, or other work lawfully erected or to be erected on the banks or sides of said harbor, or to the casting out, unloading or depositing of any mate- rial excavated for the improvement of navigable wa- ters, into such places and in such manner as may be deemed by the United States officer supervising the im- provement of said harbor most judicious and prac- ticable and for the best interests of such improve- ment.’’ AMENDMENTS 1958—Pub. L. 85–802 substituted ‘‘waters of any harbor subject to this subchapter,’’ for ‘‘tidal waters of the harbor of New York, or its adjacent or tributary wa- ters, or in those of long Island Sound,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1958 AMENDMENT Pub. L. 85–802, § 2, Aug. 28, 1958, 72 Stat. 971, provided that: ‘‘This Act [amending this section and sections 442, 446, 447, 449, 451, and 451a of this title and enacting section 451b of this title] shall take effect on the six- tieth day after the date of its enactment [Aug. 28, 1958].’’ § 442. Liability of officers of towing vessel Any and every master and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel, who shall know- ingly engage in towing any scow, boat, or vessel loaded with any such prohibited matter to any point or place of deposit, or discharge in the wa- ters of any harbor subject to this subchapter, or to any point or place elsewhere than within the limits defined and permitted by the supervisor of the harbor, shall be deemed guilty of a viola- tion of section 441 of this title, and shall, upon conviction, be punishable as provided for of- fenses in violation of section 441 of this title, and shall also have his license revoked or sus- pended for a term to be fixed by the judge before whom tried and convicted. (June 29, 1888, ch. 496, § 2, 25 Stat. 209; Pub. L. 85–802, § 1(2), Aug. 28, 1958, 72 Stat. 970.) Editorial Notes AMENDMENTS 1958—Pub. L. 85–802 substituted ‘‘any harbor subject to this subchapter’’ for ‘‘the harbor of New York, or in its adjacent or tributary waters, or in those of Long Is- land Sound’’, and struck out ‘‘hereinafter mentioned’’ after ‘‘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. § 443. Permit for dumping; penalty for taking or towing boat or scow without permit In all cases of receiving on board of any scows or boats such forbidden matter or substance as described in section 441 of this title, the owner or master, or person acting in such capacity on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, shall apply for and obtain from the supervisor of the harbor appointed, as provided in section 451 of this title, a permit defining the precise limits within which the discharge of such scows or boats may be made; and it shall not be lawful for the owner or master, or person acting in such capacity, of any tug or towboat to tow or move any scow or boat so loaded with such for- bidden matter until such permit shall have been obtained; and every person violating the fore- going provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $1,000 nor less than $500, and in addition thereto the master of any tug or towboat so of- fending shall have his license revoked or sus- pended for a term to be fixed by the judge before whom tried and convicted. (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 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. Section 3 of act June 29, 1888, as originally enacted, provided as follows: ‘‘In all cases of receiving on board of any scows or boats such forbidden matter or substance as herein de- scribed, it shall be the duty of the owner or master, or person acting in such capacity, on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, to apply for and obtain from the supervisor of the harbor appointed hereunder a permit defining the precise limits within which the discharge of such scows or boats may be made; and any deviation from such dumping or discharging place specified in such permit shall be a misdemeanor within the mean- ing of this act; and the master and engineer, or person or persons acting in such capacity, on board of any towboat towing such scows or boats, shall be equally guilty of such offense with the master or person acting in the capacity of master of the scow, and be liable to equal punishment.’’ Section 3 was amended by act Aug. 18, 1894, to read as follows: ‘‘In all cases of receiving on board of any scows or boats such forbidden matter or substance as herein de- scribed, the owner or master, or person acting in such capacity on board of such scows or boats, before pro- ceeding to take or tow the same to the place of deposit, shall apply for and obtain from the supervisor of the harbor appointed hereunder a permit defining the pre- cise limits within which the discharge of such scows or boats may be made; and it shall not be lawful for the owner or master, or person acting in such capacity, of