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33 U.S.C. § 409Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels

submitted 127 years ago by ch. 425 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 294 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law bans anchoring, sinking, or blocking boats in navigable channels. It also bans floating loose logs or timber rafts in a way that endangers steamboat traffic. A sunken boat must be marked and promptly removed by its owner, or it counts as abandoned.

It's illegal to tie up or anchor boats in navigable channels in a way that blocks or prevents other vessels from passing. It's also illegal to sink boats or other craft in navigable channels, or to cause them to be sunk. It's illegal to float loose timber, logs, or "sack rafts" of timber and logs in streams or channels that steamboats actually use, in a way that obstructs, slows, or endangers navigation. If a vessel, raft, or other craft wrecks and sinks in a navigable channel, the owner, lessee, or operator must immediately mark it — with a buoy or beacon during the day, and a light at night, unless the Coast Guard grants a waiver from the nighttime-light requirement because a light would be impractical and wouldn't create a hazard. The owner, lessee, or operator must keep those marks in place until the sunken craft is removed or abandoned. Failing to mark it is itself illegal. The owner, lessee, or operator must also begin removing the sunken craft right away and keep working diligently to remove it. Failing to do so counts as abandoning the craft, and the United States can then remove it under other listed sections of this title.
the actual law source: uscode.house.gov ↗public domain

It shall not be lawful to tie up or anchor vessels or other craft in navigable channels in such a manner as to prevent or obstruct the passage of other vessels or craft; or to sink, or permit or cause to be sunk, vessels or other craft in navigable channels; or to float loose timber and logs, or to float what is known as “sack rafts of timber and logs” in streams or channels actually navigated by steamboats in such manner as to obstruct, impede, or endanger navigation. And whenever a vessel, raft or other craft is wrecked and sunk in a navigable channel, it shall be the duty of the owner, lessee, or operator of such sunken craft to immediately mark it with a buoy or beacon during the day and, unless otherwise granted a waiver by the Commandant of the Coast Guard, a light at night, and to maintain such marks until the sunken craft is removed or abandoned, and the neglect or failure of the said owner, lessee, or operator so to do shall be unlawful; and it shall be the duty of the owner, lessee, or operator of such sunken craft to commence the immediate removal of the same, and prosecute such removal diligently, and failure to do so shall be considered as an abandonment of such craft, and subject the same to removal by the United States as provided for in sections 411 to 416, 418, and 502 of this title. The Commandant of the Coast Guard may waive the requirement to mark a wrecked vessel, raft, or other craft with a light at night if the Commandant determines that placing a light would be impractical and granting such a waiver would not create an undue hazard to navigation.

Source credit: (Mar. 3, 1899, ch. 425, § 15, 30 Stat. 1152; Pub. L. 99–662, title IX, § 939(a), Nov. 17, 1986, 100 Stat. 4199; Pub. L. 108–293, title III, § 301, Aug. 9, 2004, 118 Stat. 1041.)

history & why it existsrecord from the source credit
  • 1899Enacted · Act of Mar. 3, 1899, ch. 425 · 30 Stat. 1152
  • 1986Amended · Pub. L. 99-662 · 100 Stat. 4199
  • 2004Amended · Pub. L. 108-293 · 118 Stat. 1041

A history note hasn’t been published yet. The record shows enactment by ch. 425 on 1899-03-03.

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