§ 452. — Taking shellfish or otherwise interfering with navigation in New York Harbor channels; penalty; arrest and procedure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC452]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER III--NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HARBOR OF
BALTIMORE
Sec. 452. Taking shellfish or otherwise interfering with
navigation in New York Harbor channels; 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
harbor 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, either or both united,
as the judge before whom conviction is obtained shall decide.
It shall be the duty of the United States supervisor of the harbor
to enforce this section, and the deputy inspectors of the said
supervisor shall have authority to arrest and take into custody, with or
without process, any person or persons, who may commit any of the acts
or offenses 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 inspectors, or
either of them: And provided further, That whenever any such arrest is
made the person 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 magistrate judge, judge or
court shall proceed in respect thereto as authorized by law in case of
crimes against the United States.
(Aug. 18, 1894, ch. 299, Sec. 2, 28 Stat. 360; Pub. L. 90-578, title IV,
Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Codification
Section was not enacted as part of act June 29, 1888, ch. 496, 25
Stat. 209, which comprises this subchapter.
Change of Name
``Magistrate judge'' substituted in text for ``magistrate'' 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 (Sec. 631 et seq.) of Title 28.
