786 



§403. Obstruction of navigable waters generally; 

 wharves; piers, etc.; excavations and filling in. 



The creation of any obstruction not aflQrmatively 

 authorized by Congress, to the navigable capacity 

 of any of the waters of the United States is pro- 

 hibited: and it shall not be lawful to build or com- 

 mence the building of any wharf, pier, dolphin, boom, 

 weir, breakwater, bulkhead, jetty, or other structures 

 in any port, roadstead, haven, harbor, canal, navi- 

 gable river, or other water of the United States, out- 

 side established harbor lines, or where no harbor 

 lines have been established, except on plans recom- 

 mended by the Chief of Engineers and authorized by 

 the Secretary of the Army; and it shall not be law- 

 ful to excavate or fill, or in any manner to alter or 

 modify the course, location, condition, or capacity of, 

 any port, roadstead, haven, harbor, canal, lake, har- 

 bor or refuge, or inclosure within the limits of any 

 breakwater, or of the channel of any navigable water 

 of the United States, unless the work has been rec- 

 ommended by the Chief of Engineers and authorized 

 by the Secretary of the Army prior to beginning the 

 same. (Mar. 3. 1899, ch. 425, § 10, 30 Stat. U51.) 

 ***** 



§407. Deposit of refuse in navigable waters generally. 

 It shall not be lawful to throw, discharge, or de- 

 posit, or cause, suffer, or procure to be thrown, dis- 

 charged, or deposited either from or out of any ship, 

 barge, or other floating craft of any kind, or from the 

 shore, wharf, manufacturing establishment, or mill 

 of any kind, any refuse matter of any kind or .1e- 

 scription whatever other than that flowing from 

 streets and sewers and passing therefrom in a liquid 

 state, into any navigable water of the United States, 

 or into any tributary of any navigable water from 

 which the same shall float or be washed into such 

 navigable water; and it shall not be lawful to deposit, 

 or cause, suffer, or procure to be deposited material 

 of any kind in any place on the bank of any navi- 

 gable water, or on the bank of any tributary of any 

 navigable water, where the same shall be liable to be 

 washed into such navigable water, either by ordinary 

 ■or high tides, or by storms or floods, or otherwise, 

 whereby navigation shall or may be impeded or 

 obstructed: Provided, That nothing herein contained 

 shall extend to, apply to, or prohibit the operations 

 in connection with the improvement of navigable 

 waters or construction of public works, considered 

 necessary and proper by the United States officers 

 supervising such improvement or public work: And 

 provided further. That the Secretary of the Army, 

 whenever in the judgment of the Chief of BSigineers 

 anchorage and navigation will not be injured -thereby, 

 may permit the deposit of any material above men- 

 tioned in navigable wa'ers, within limits to be de- 

 fined and under conditions to be prescribed by him, 

 provided application is made to him prior to deposit- 

 ing such material: and whenever any permit is so 

 granted the conditions thereof shall be strictly com- 

 plied with, and any violation thereof shall be unlaw- 

 ful. (Mar. 3, 1899, ch. 425, § 13, 30 Stat. 1152.) 



§ 407a. Deposit of debris of mines and stamp works. 



In places where harbor-lines have not been estab- 



lished, and where deposits of debris of mines or 

 stamp works can be made without injury to naviga- 

 tion, within lines to be established by the Secre- 

 tary of the Army, said officer may, and is authorized 

 to, cause such lines to be established: and within 

 such lines such deposits may be made, under regula- 

 tions to be from time to time prescribed by him. 

 (Aug. 5, 1886, ch. 929, § 2. 24 Stat. 329.) 



***** 



§411. Penalty for wrongful deposit of refuse; use of 

 or injury to harbor improvements, and obstruc- 

 tion of navigable waters generally 



Every person and every corporation that shall 

 violate, or that shall knowingly aid, abet, authorize, 

 or instigate a violation of the provisions of sections 

 407, 408, and 409 of this title shall be guilty of a 

 misdemeanor, and on conviction thereof shall be 

 punished by a fine not exceeding $2,500 nor less than 

 $500, or by imprisonment (in the case of a natural 

 person) for not less than thirty days nor more than 

 one year, or by both such fine and imprisonment, in 

 the discretion of the court, one-half of said fine to 

 be paid to the person or persons giving information 

 which shall lead to conviction. (Mar. 3, 1899, ch. 

 425, § 16, 30 Stat. 1153.) 



§413. Duty of United States attorneys and other Fed- 

 eral oBicers in enforcement of provisions; arrest 

 of offenders. 



The Department of Justice shall conduct the legal 

 proceedings necessary lo enforce the provisions of 

 sections 401, 403, 404, 406, 407, 408, 409. 411, 549, 686, 

 and 687 of this title: and it shall be the duty of 

 United States attorneys to vigorously prosecute all 

 offenders against the same whenever requested to 

 do so by the Secretary of the Army or by any of 

 the officials hereinafter designated, and it shall 

 furthermore be the duty of said United States at- 

 torneys to report to the Attorney General of the 

 United States the action taken by him against of- 

 fenders so reported, and a transcript of such reports 

 shall be transmitted to the Secretary of the Army 

 by the Attorney General; and for the better en- 

 forcement of the said provisions and to facilitate 

 the detection and bringing to punishment of such 

 States in charge of river and harbor improvements, 

 and the assistant engineers and inspectors employed 

 under them by authority of the Secretary of the 

 Army, and the United States collectors of customs 

 and other revenue officers shall have power and au- 

 thority to swear out process, aiid to arrest and take 

 into custody, vrith or without process, any person or 

 persons who may commit any of the acts or offenses 

 prohibited by the said sections, or who may violate 

 any of the provisions of the same:'ProD!ded, That no 

 person committed in the presence of some one of the 

 aforesaid officials: And provided further. That when- 

 ever any arrest is made under such sections, the p)er- 

 son so arrested shall be brought forthwith before a 

 commissioner, judge, or court of the United States 

 for examination of the offenses alleged against him: 

 and such commissioner, judge, or court shall proceed 

 in respect thereto as authorized by law in case of 

 crimes against the United States. (Mar. 3, 1899, ch. 



