§ 2. — Regulations for navigation of South and Southwest Passes of Mississippi River; penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 2. Regulations for navigation of South and Southwest Passes
of Mississippi River; penalties
The Secretary of the Army is authorized to make such rules and
regulations for the navigation 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 section,
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 entrance 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 section shall be deemed a
misdemeanor, for which the owner or owners, agent or agents, master or
pilot of the vessel so offending shall be separately or collectively
responsible, and on conviction thereof shall be punished by a fine of
not less than $100, nor exceeding $500, or by imprisonment for not
exceeding three months, or by both fine and imprisonment, at the
discretion of the court.
(Mar. 3, 1909, ch. 264, Sec. 5, 35 Stat. 818; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501.)
Codification
These provisions were part of section 5 of act Mar. 3, 1909,
popularly known as the ``River and Harbor Appropriation Act of 1909''.
These provisions superseded previous similar provisions relating to
the navigation of the South Pass only, contained in act Aug. 11, 1888,
ch. 860, Sec. 5, 25 Stat. 424, amended by act Sept. 19, 1890, ch. 907,
Sec. 3, 26 Stat. 452.
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary 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act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.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, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued Department of
the Army under administrative supervision of Secretary of the Army.
