33 U.S.C. § 446: Inspectors; appointment…

Summary

Each harbor supervisor must appoint inspectors and deputy inspectors and give them authority to enforce this subchapter and the Act of August 18, 1894 (28 Stat. 338) and to find and punish people who break those laws. Those officers can arrest people who break these rules, with or without a warrant, but they cannot arrest without a warrant unless the crime happens in their presence. Anyone arrested must be taken right away before a U.S. magistrate, judge, or court. They can board and seize scows or towboats illegally dumping or moving banned material under sections 443–448 and hold the vessels until a court orders their release. They may detain witnesses to dumping (who can be freed on bond), follow towboats towing prohibited loads to the dumping site, and enter gas, oil, and other factories to check for harmful discharges into tidal waters if there is good reason to believe section 441 is being violated.

Title 33, §446

Navigation and Navigable Waters, Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

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, which enacted section 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 section 1, 31, and this subchapter”.

Statutory Notes and Related Subsidiaries

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 (§ 631 et seq.) of Title 28.

Effective Date

of 1958 AmendmentAmendment 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.

§446 Inspectors; Appointment, Powers, and Duties