33 U.S.C. § 452 — Taking shellfish or otherwise interfering with navigation in New York Harbor channels; penalty; arrest and procedure

submitted 132 years ago by ch. 299 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 274 words · no verdicts yet

in plain englishAI-generated · not legal advice

It's illegal to fish or dredge for shellfish in the channels leading to New York Harbor, or to get in the way of large ships using them. Breaking this rule is a misdemeanor punished by a fine and/or jail time. The harbor supervisor enforces it and can arrest offenders caught in the act.

It is unlawful for anyone to fish or dredge for shellfish in any of the channels leading to and from New York harbor, or to interfere in any way with ocean steamships and deep-draft ships safely navigating those channels. Anyone who breaks this rule is guilty of a misdemeanor. On conviction, the punishment is a fine of no less than $50 and no more than $250, imprisonment of no less than thirty days and no more than six months, or both — whichever the judge decides. The United States supervisor of the harbor must enforce this section, and the supervisor's deputy inspectors may arrest and take custody of anyone who commits an offense under this section, with or without a warrant. But no one may be arrested without a warrant unless the supervisor or an inspector actually saw the offense happen. Whenever such an arrest is made, the arrested person must be brought right away before a magistrate judge, judge, or court of the United States, who then handles the case the way the law provides for crimes against the United States.

the actual law source: uscode.house.gov ↗public domain

It shall be unlawful for any person or persons to engage in fishing or dredging for shellfish in any of the channels leading to and from the harbor of New York, or to interfere in any way with the safe navigation of those channels by ocean steamships and ships of deep draft.

Any person or persons violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine or imprisonment, or both, such fine to be not more than $250 nor less than $50, and the imprisonment to be not more than six months nor less than thirty days, either or both united, as the judge before whom conviction is obtained shall decide.

It shall be the duty of the United States supervisor of the harbor to enforce this section, and the deputy inspectors of the said supervisor shall have authority 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 section: Provided, That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspector 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.

Source credit: (Aug. 18, 1894, ch. 299, § 2, 28 Stat. 360; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)

history & why it existsrecord from the source credit

1894Enacted · Act of Aug. 18, 1894, ch. 299 · 28 Stat. 360
1968Amended · Pub. L. 90-578 · 82 Stat. 1118
1990Amended · Pub. L. 101-650 · 104 Stat. 5117

A history note hasn’t been published yet. The record shows enactment by ch. 299 on 1894-08-18.

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