§ 446. — Inspectors; appointment, powers, and duties.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 33USC446]
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. 446. Inspectors; appointment, powers, and duties
Each supervisor of a harbor is authorized and directed to appoint
inspectors and deputy inspectors, and for the purposes of enforcing this
subchapter and the Act of August 18, 1894, entitled ``An Act making
appropriations for the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes'' (28 Stat.
338), and of detecting and bringing to punishment offenders against the
same, the said supervisor of the harbor, and the inspectors and deputy
inspectors so appointed by him, shall have power and authority.
First. 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 subchapter, or who may violate any of the provisions of the
same: Provided, That no person shall be arrested without process for any
offense not committed in the presence of the supervisor or his
inspectors 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.
Second. To go on board of any scow or towboat engaged in unlawful
dumping of prohibited material, or in moving the same without a permit,
as required in sections 443 to 448 of this title, or otherwise violating
sections 443 to 448 of this title, and to seize and hold said boats
until they are discharged by action of the magistrate judge, judge, or
court of the United States before whom the offending persons are
brought.
Third. To arrest and take into custody any witness or witnesses to
such unlawful dumping of prohibited material, the said witnesses to be
released under proper bonds.
Fourth. To go on board of any towboat having in tow scows or boats
loaded with such prohibited material, and accompany the same to the
place of dumping, whenever such action appears to be necessary to secure
compliance with the requirements of this subchapter and of the Act
aforesaid.
Fifth. To enter gas and oil works and all other manufacturing works
for the purpose of discovering the disposition made of sludge, acid, or
other injurious material, whenever there is good reason to believe that
such sludge, acid, or other injurious material is allowed to run into
tidal waters of the harbor in violation of section 441 of this title.
(June 29, 1888, ch. 496, Sec. 3, 25 Stat. 209; Aug. 18, 1894, ch. 299,
Sec. 3, 28 Stat. 360; May 28, 1908, ch. 212, Sec. 8, 35 Stat. 427; Pub.
L. 85-802, Sec. 1(3), Aug. 28, 1958, 72 Stat. 970; 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.)
References in Text
Act of August 18, 1894, referred to in provision preceding First
paragraph, and Act aforesaid, referred to in Fourth paragraph, mean act
Aug. 18, 1894, ch. 299, 28 Stat. 356, as amended, which enacted sections
1, 31, and 452 of this title and amended sections 443 to 448 and 499 of
this title. For complete classification of this Act to the Code, see
Tables.
Sections 443 to 448 of this title, referred to in the Second
paragraph, were in the original ``this section of this Act'' meaning
section 3 of act June 29, 1888, which enacted sections 443 to 448 of
this title. The provision of section 3 relating to issuance of permits
is classified to section 443 of this title.
Codification
Section was enacted as part of section 3 of act June 29, 1888. Said
section 3 of act June 29, 1888, enacted sections 443 to 448 of this
title. See Codification note set out under section 443 of this title.
Amendments
1958--Pub. L. 85-802 substituted ``Each supervisor of a harbor is
authorized and directed to appoint inspectors and deputy inspectors,
and, for the purposes of enforcing this subchapter'' for ``The
supervisor of the harbor of New York, designated as provided in section
451 of this title, is authorized and directed to appoint inspectors and
deputy inspectors, and for the purpose of enforcing sections 1, 31, and
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'' substituted for ``commissioner'' pursuant to Pub. L. 90-
578. See chapter 43 (Sec. 631 et seq.) of Title 28.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85-802 effective on sixtieth day after Aug. 28,
1958, see section 2 of Pub. L. 85-802, set out as a note under section
441 of this title.
