§ 410. — Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC410]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 410. Exception as to floating loose timber, sack rafts,
etc.; violation of regulations; penalty
The prohibition contained in section 409 of this title against
floating loose timber and logs, or sack rafts, so called, of timber and
logs in streams or channels actually navigated by steamboats, shall not
apply to any navigable river or waterway of the United States or any
part thereof whereon the floating of loose timber and logs and sack
rafts of timber and logs is the principal method of navigation. But such
method of navigation on such river or waterway or part thereof shall be
subject to the rules and regulations prescribed by the Secretary of the
Army as provided in this section.
The Secretary of the Army shall have power, and he is authorized and
directed to prescribe rules and regulations, which he may at any time
modify, to govern and regulate the floating of loose timber and logs,
and sack rafts, (so called) of timber and logs and other methods of
navigation on the streams and waterways, or any thereof, of the
character, as to navigation, heretofore in this section described. The
said rules and regulations shall be so framed as to equitably adjust
conflicting interests between the different methods or forms of
navigation; and the said rules and regulations shall be published at
least once in such newspaper or newspapers of general circulation as in
the opinion of the Secretary of the Army shall be best adapted to give
notice of said rules and regulations to persons affected thereby and
locally interested therein. And all modifications of said rules and
regulations shall be similarly published. And such rules and regulations
when so prescribed and published as to any such stream or waterway shall
have the force of law, and any violation thereof shall be a misdemeanor,
and every person convicted of such violation shall be punished by a fine
of not exceeding $2,500 nor less than $500, or by imprisonment (in case
of a natural person) for not less than thirty days nor more than one
year, or by both such fine and imprisonment, in the discretion of the
court: Provided, That the proper action to enforce the provisions of
this section may be commenced before any magistrate judge, judge, or
court of the United States, and such magistrate judge, judge, or court
shall proceed in respect thereto as authorized by law in the case of
crimes or misdemeanors committed against the United States.
The right to alter, amend, or repeal this section at any time is
reserved.
(May 9, 1900, ch. 387, Secs. 1-3, 31 Stat. 172; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501; 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.)
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.
``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.
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).
