§ 412. — Liability of masters, pilots, etc., and of vessels engaged in violations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC412]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 412. Liability of masters, pilots, etc., and of vessels
engaged in violations
Any and every master, pilot, and engineer, or person or persons
acting in such capacity, respectively, on board of any boat or vessel
who shall knowingly engage in towing any scow, boat, or vessel loaded
with any material specified in section 407 of this title to any point or
place of deposit or discharge in any harbor or navigable water,
elsewhere than within the limits defined and permitted by the Secretary
of the Army, or who shall willfully injure or destroy any work of the
United States contemplated in section 408 of this title, or who shall
willfully obstruct the channel of any waterway in the manner
contemplated in section 409 of this title, shall be deemed guilty of a
violation of this Act, and shall upon conviction be punished as provided
in section 411 of this title, and shall also have his license revoked or
suspended for a term to be fixed by the judge before whom tried and
convicted. And any boat, vessel, scow, raft, or other craft used or
employed in violating any of the provisions of sections 407, 408, 409,
414, and 415 of this title shall be liable for the pecuniary penalties
specified in section 411 of this title, and in addition thereto for the
amount of the damages done by said boat, vessel, scow, raft, or other
craft, which latter sum shall be placed to the credit of the
appropriation for the improvement of the harbor or waterway in which the
damage occurred, and said boat, vessel, scow, raft, or other craft may
be proceeded against summarily by way of libel in any district court of
the United States having jurisdiction thereof.
(Mar. 3, 1899, ch. 425, Sec. 16, 30 Stat. 1153; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501; Pub. L. 104-303, title II,
Sec. 218(a)(1), Oct. 12, 1996, 110 Stat. 3696.)
References in Text
This Act, referred to in text, is act Mar. 3, 1899, ch. 425, 30
Stat. 1148, as amended, popularly known as the Rivers and Harbors
Appropriation Act of 1899, which enacted sections 401, 403, 404, 406,
407, 408, 409, 411 to 416, 418, 502, 549, and 687 of this title, and
amended section 686 of this title. For complete classification of this
Act to the Code, see Tables.
Codification
Section is from part of section 16 of act Mar. 3, 1899, popularly
known as the ``Rivers and Harbors Appropriation Act of 1899''. The
balance of such section, relating to penalties for the wrongful deposit
of refuse, is classified to section 411 of this title.
Amendments
1996--Pub. L. 104-303 substituted ``407, 408, 409, 414, and 415 of
this title'' for ``407, 408, and 409 of this title''.
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.
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other
offices and officers of Department of the Army under section 401 of this
title to extent that they relate generally to location and clearances of
bridges and causeways in navigable waters of United States transferred
to and vested in Secretary of Transportation by Pub. L. 89-670,
Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department
of Transportation. Pub. L. 97-449 amended section 401 of this title to
reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and
repealed section 6(g)(6)(A).
Section Referred to in Other Sections
This section is referred to in sections 409, 419, 702i of this
title.
