33 U.S.C. § 442 — Liability of officers of towing vessel
submitted 138 years ago by ch. 496 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 134 words · no verdicts yet
This law punishes ship officers who tow illegal dumping loads. An officer who knowingly tows banned waste to an unauthorized spot breaks the harbor-dumping law. They face the same penalties as that law, plus losing their license.
This section extends liability for illegal harbor dumping (banned under section 441) to the officers who tow the dumping vessel.
It applies to any master, engineer, or person acting in either role, aboard a boat or vessel. That person violates this section if they knowingly tow a scow, boat, or vessel loaded with the kind of prohibited matter described in section 441 — either to a point or place where it gets deposited or discharged in the waters of a harbor covered by that subchapter, or to any point or place outside the limits the harbor's supervisor has permitted.
Anyone who violates this section is treated as having violated section 441, and faces the same punishment on conviction that section 441 provides.
On top of that criminal penalty, the judge who tries and convicts the person may also revoke or suspend their license, for whatever term the judge sets.
Any and every master and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel, who shall knowingly engage in towing any scow, boat, or vessel loaded with any such prohibited matter to any point or place of deposit, or discharge in the waters of any harbor subject to this subchapter, or to any point or place elsewhere than within the limits defined and permitted by the supervisor of the harbor, shall be deemed guilty of a violation of section 441 of this title, and shall, upon conviction, be punishable as provided for offenses in violation of section 441 of this title, and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted.
Source credit: (June 29, 1888, ch. 496, § 2, 25 Stat. 209; Pub. L. 85–802, § 1(2), Aug. 28, 1958, 72 Stat. 970.)
- 1888Enacted · Act of June 29, 1888, ch. 496 · 25 Stat. 209
- 1958Amended · Pub. L. 85-802 · 72 Stat. 970
A history note hasn’t been published yet. The record shows enactment by ch. 496 on 1888-06-29.
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