PRIA, Government Policy, Made Personal

Summary

The Secretary of the Army can make rules for using the South and Southwest Passes of the Mississippi River. The rules must stop anything that would block the channels or harm the works there. "South and Southwest Passes" means the whole channel from the head of each pass out to the sea jetties at the Gulf entrance. Willfully breaking any rule is a misdemeanor. The vessel’s owner, agent, master, or pilot can be held responsible, alone or together. A court may fine them between $100 and $500, put them in jail for up to three months, or both.

Title 33, §2

Navigation and Navigable Waters, Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

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 These provisions superseded previous similar provisions relating to the navigation of the South Pass only, contained in act Aug. 11, 1888, ch. 860, § 5, 25 Stat. 424, amended by act Sept. 19, 1890, ch. 907, § 3, 26 Stat. 452.

Statutory Notes and Related Subsidiaries

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.

§2 Regulations for Navigation of South and Southwest Passes of Mississippi River; Penalties