33 U.S.C. § 2 — Regulations for navigation of South and

Page 3 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2 SUBCHAPTER I—GENERAL PROVISIONS § 1. Regulations by Secretary of the Army for navigation of waters generally It shall be the duty of the Secretary of the Army to prescribe such regulations for the use, administration, and navigation of the navigable waters of the United States as in his judgment the public necessity may require for the protec- tion of life and property, or of operations of the United States in channel improvement, covering all matters not specifically delegated by law to some other executive department. Such regula- tions shall be posted, in conspicuous and appro- priate places, for the information of the public; and every person and every corporation which shall violate such regulations shall be deemed guilty of a misdemeanor and, on conviction thereof in any district court of the United States within whose territorial jurisdiction such offense may have been committed, shall be pun- ished by a fine not exceeding $500, or by impris- onment (in the case of a natural person) not ex- ceeding six months, in the discretion of the court. Any regulations prescribed by the Secretary of the Army in pursuance of this section may be enforced as provided in section 413 of this title, the provisions whereof are made applicable to the said regulations. (Aug. 18, 1894, ch. 299, § 4, 28 Stat. 362; June 13, 1902, ch. 1079, §§ 6, 11, 32 Stat. 374; Aug. 8, 1917, ch. 49, § 7, 40 Stat. 266; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION The first paragraph of this section is from section 4 of act Aug. 18, 1894, popularly known as the ‘‘River and Harbor Act of 1894’’, as amended. As originally enacted, said section 4 made it the duty of the Secretary of War to prescribe rules and regula- tions for the use, administration, and navigation of any or all canals and similar works of navigation owned, operated, or maintained by the United States, and pro- vided for the posting of such regulations and the pun- ishment of violations thereof. Said section 4 was amended by section 11 of act June 13, 1902, principally by adding to the original section provisions authorizing the Secretary also to prescribe regulations to govern the speed and movement of ves- sels and other water craft in any public navigable chan- nel which had been improved under authority of Con- gress, whenever in his judgment such regulations were necessary to protect such improved channel from in- jury or to prevent interference with the operations of the United States in improving navigable waters or in- jury to any plant that might be employed in such oper- ations. Section 4 was also amended by section 7 of act Aug. 8, 1917, to read as set forth in the first paragraph here- of. The last paragraph of this section is from section 6 of act June 13, 1902. Said section 6 is also the source of the last proviso in section 499 of this title. 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. RULES AND REGULATIONS Administrative provisions covering definitions which the Coast Guard uses to examine waters to determine whether the Coast Guard has jurisdiction on those wa- ters under particular laws of the United States are set out in chapter I, subchapter A, part 2, of Title 33, Navi- gation and Navigable Waters, in the Code of Federal Regulations. Such part 2, consisting of sections 2.01–1 to 2.10–10, sets out definitions of jurisdictional terms and provides for the availability of jurisdictional deci- sions. § 2. Regulations for navigation of South and Southwest Passes of Mississippi River; pen- alties The Secretary of the Army is authorized to make such rules and regulations for the naviga- tion of the South and Southwest Passes of the Mississippi River as to him shall seem necessary or expedient for the purpose of preventing any obstruction to the channels through said South and Southwest Passes and any injury to the works therein constructed. The term ‘‘South and Southwest Passes’’, as employed in this sec- tion, shall be construed as embracing the entire extent of channel in each case, between the upper ends of the works at the head of the pass and the outer or sea ends of the jetties at the en- trance from the Gulf of Mexico; and any willful violation of any rule or regulation made by the Secretary of the Army in pursuance of this sec- tion shall be deemed a misdemeanor, for which the owner or owners, agent or agents, master or pilot of the vessel so offending shall be sepa- rately or collectively responsible, and on convic- tion thereof shall be punished by a fine of not less than $100, nor exceeding $500, or by impris- onment for not exceeding three months, or by both fine and imprisonment, at the discretion of the court. (Mar. 3, 1909, ch. 264, § 5, 35 Stat. 818; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION These provisions were part of section 5 of act Mar. 3, 1909, popularly known as the ‘‘River and Harbor Appro- priation Act of 1909’’. These provisions superseded previous similar provi- sions relating to the navigation of the South Pass only, contained in act Aug. 11, 1888, ch. 860, § 5, 25 Stat. 424, amended by act Sept. 19, 1890, ch. 907, § 3, 26 Stat. 452. 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. Page 4 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3 § 3. Regulations to prevent injuries from target practice [AUTHORITY TO ADOPT REGULATIONS.] In the in- terest of the national defense, and for the better protection of life and property on the navigable waters of the United States, the Secretary of the Army is authorized and empowered to prescribe such regulations as he may deem best for the use and navigation of any portion or area of the navigable waters of the United States or waters under the jurisdiction of the United States en- dangered or likely to be endangered by Artillery fire in target practice or otherwise, or by the proving operations of the Government ordnance proving grounds at Sandy Hook, New Jersey, or at any Government ordnance proving ground that may be established elsewhere on or near such waters, and of any portion or area of said waters occupied by submarine mines, mine fields, submarine cables, or other material and accessories pertaining to seacoast fortifications, or by any plant or facility engaged in the execu- tion of any public project of river and harbor improvement; and the said Secretary shall have like power to regulate the transportation of ex- plosives upon any of said waters: Provided, That the authority conferred shall be so exercised as not unreasonably to interfere with or restrict the food fishing industry, and the regulations prescribed in pursuance hereof shall provide for the use of such waters by food fishermen oper- ating under permits granted by the Department of the Army. [DETAIL OF VESSELS TO ENFORCE REGULATIONS.] To enforce the regulations prescribed pursuant to this section, the Secretary of the Army, may detail any public vessel in the service of the De- partment of the Army, or, upon the request of the Secretary of the Army, the head of any other department may enforce, and the head of any such department is authorized to enforce, such regulations by means of any public vessel of such department. [POSTING AND VIOLATION OF REGULATIONS.] The regulations made by the Secretary of the Army pursuant to this section shall be posted in con- spicuous and appropriate places, designated by him, for the information of the public; and every person who and every corporation which shall willfully violate any regulations made by the said Secretary pursuant to this section shall be deemed guilty of a misdemeanor, and upon con- viction thereof in any court of competent juris- diction shall be punished by a fine not exceeding $500, or by imprisonment (in the case of a nat- ural person) not exceeding six months, in the discretion of the court. [VENUE AND JURISDICTION OF OFFENSES; PROCE- DURE.] Offenses against the provisions of this section, or any regulation made pursuant there- to, committed in any Territory or other place subject to the jurisdiction of the United States where there is no court having general jurisdic- tion of crimes against the United States, shall be cognizable in any court of such place or Ter- ritory having original jurisdiction of criminal cases in the place or Territory in which the of- fense has been committed, with the same right of appeal in all cases as is given in other crimi- nal cases where imprisonment not exceeding six months forms a part of the penalty, and juris- diction is conferred upon such courts and such courts shall exercise the same for such purposes; and in case any such offense be committed be- yond the territorial jurisdiction of any court having jurisdiction thereof, the offense shall be deemed and held to have been committed within the jurisdiction in which the offender may be found or into which he is first brought, and shall be tried by the court having jurisdiction thereof. (July 9, 1918, ch. 143, subch. XIX, §§ 1–4, 40 Stat. 892, 893; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION Undesignated pars. 1 to 4 of this section are from sec- tions 1 to 4, respectively, of act July 9, 1918, popularly known as the ‘‘Army Appropriation Act of 1919’’. Undesignated pars. 1 and 2 of this section superseded similar provisions of act Aug. 8, 1917, ch. 49, § 8, 40 Stat. 266. 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. Coast Artillery changed to Artillery under authority of section 306(a) of act June 28, 1950, ch. 383, title III, 64 Stat. 269. Section 306(a) of act June 28, 1950 was re- pealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in section 3063 continued the Artillery as a basic branch of the Army. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they per- tain to Air Force, and to extent that they were not pre- viously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40 [App. A(55)], July 22, 1949. § 4. Water gauges on Mississippi River and tribu- taries The Secretary of the Army is authorized and directed to have water gauges established, and daily observations made of the rise and fall of the Mississippi River and its tributaries. For the purpose of securing the uninterrupted gauging of the waters of the Mississippi River and its tributaries, as provided for in this sec- tion, upon the application of the Chief of Engi- neers, the Secretary of the Army is authorized to draw his warrant or requisition, from time to time, upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of $9,600. (R.S. § 5252; Aug. 11, 1888, ch. 860, § 6, 25 Stat. 424; June 13, 1902, ch. 1079, § 9, 32 Stat. 374; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, § 1(15), 68 Stat. 967.)