Sec. 361. 362. 363. 364. 365. 366. 367. 368. TITLE 33 UNITED STATES CODE Chapter 6.-GENERAL DUTIES OF SHIP OFFICERS AND OWNERS AFTER COLLISION OR OTHER ACCIDENT Reports of accidents generally; penalty. Report of probable loss of vessel; penalty. Transmission of reports to Commandant of the Coast Guard. Reports by owners, etc., of barges in tow. Reports to Congress. Duty of master of vessel in collision to give aid, name of his vessel, etc. 33 § 361. Reports of accidents generally; penalty Whenever any vessel of the United States has sustained or caused any accident involving the loss of life, the material loss of property, or any serious injury to any person, or has received any material damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel, shall within five days after the happening of such accident or damage, or as soon thereafter as possible, send, by letter to the Coast Guard official of the district wherein such vessel belongs or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name and official number (if any) of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish, upon the request of either of such Coast Guard officials, such other information concerning the vessel, her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the foregoing requirements after a reasonable time, he shall incur a penalty of $100. 33 § 362. Report of probable loss of vessel; penalty Whenever the managing owner or agent of any vessel of the United States has reason, owing to the nonappearance of such vessel, or to any other circumstance, to apprehend that such vessel has been lost, he shall, as soon as conveniently may be, send notice, in writing, to the Coast Guard official of the port to which said vessel belonged, of such loss, and the probable occasion thereof stating the name and the official number (if any) of the vessel, and the names of all persons on board, so far as the same can be ascertained, and shall furnish, upon request of the Coast Guard official of such port, such additional information as he may be able; and if he neglect to comply with the above requirements within a reasonable time, he shall incur a penalty of $100. 1 33 § 363. Transmission of reports to Commandant of the Coast Guard It shall be the duty of the Coast Guard officials to immediately transmit to the Commandant of the Coast Guard such reports and information as they may receive under the provisions of sections 361 and 362 of this title, and they shall also report to the Commandant of the Coast Guard any neglect or refusal on the part of the managing owner, agent, or master of any vessel of the United States to comply with the requirements thereof. 33 § 364. Remission and recovery of penalties The Commandant of the Coast Guard may, upon application therefor, remit or mitigate any penalty provided for in sections 361 to 363 of this title, or discontinue any prosecution to recover the same, upon such terms as he, in his discretion, shall think proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may think proper. All penalties provided in said sections may be sued for, prosecuted, recovered, and disposed of in the manner prescribed by section 396 of this title. 33 § 365. Reports by owners, etc., of barges in tow The owner, agent, or master of every barge which, while in tow through the open sea, has sustained or caused any accident, shall be subject in all respects to the provisions of sections 361 to 364 of this title, and the reports therein prescribed shall be transmitted by Coast Guard officials to the Commandant of the Coast Guard. 33 366. Reports to Congress The Commandant of the Coast Guard shall transmit annually to Congress a summary of the reports, transmitted to him by the Coast Guard officials as required in sections 361 to 365 of this title during the previous fiscal year, together with a brief statement of the action of the Coast Guard in respect to such accidents. 33 367. Duty of master of vessel in collision to give aid, name of his vessel, etc. In every case of collision between two vessels it shall be the duty of the master or person in charge of each vessel, if and so far as he can do so without serious danger to his own vessel, crew, and passengers (if any), to stay by the other vessel until he has ascertained that she has no need of further assistance, and to render to the other vessel, her master, crew, and passengers (if any) such assistance as may be practicable and as may be necessary in order to save them from any danger caused by the collision, and also to give to the master or person in charge of the other vessel the name of his own vessel and her port of registry, or the port or place to which she belongs, and also the name of the ports and places from which and to which she is bound. If he fails so to do, and no reasonable cause for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default. 33 § 368. Penalty for failure to give aid, etc. Every master or person in charge of a United States vessel who fails, without reasonable cause, to render such assistance or give such information as required in section 367 of this title shall be deemed guilty of a misdemeanor, and shall be liable to a penalty of $1,000, or imprisonment for a term not exceeding two years; and for the above sum the vessel shall be liable and may be seized and proceeded against by process in any district court of the United States by any person; one-half such sum to be payable to the informer and the other half to the United States. Chapter 9.—PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY Sec. 401. 405. 406. 407. [Extracts] Construction of bridges, causeways, dams or dikes generally. Establishment and modification of harbor lines on Potomac and Anacostia Rivers. Penalty for wrongful construction of bridges, piers, etc.; removal of structures. Deposit of refuse in navigable waters generally. 407a. Deposit of debris of mines and stamp works. 409. Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels. 33 § 401. Construction of bridges, causeways, dams or dikes generally It shall not be lawful to construct or commence the construction of any bridge, dam, dike, or causeway over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for the same shall have been submitted to and approved by the Chief of Engineers and by the Secretary of the Army: Provided, That such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Chief of Engineers and by the Secretary of the Army before construction is commenced: And provided further, That when plans for any bridge or other structure have been approved by the Chief of Engineers and by the Secretary of the Army, it shall not be lawful to deviate from such plans either before or after completion of the structure unless the modification of said plans has previously been submitted to and received the approval of the Chief of Engineers and of the Secretary of the Army. 33 405. Establishment and modification of harbor lines on Potomac and Anacostia Rivers The provisions of section 404 of this title are made applicable to the Potomac and Anacostia Rivers, and after July 25, 1912, harbor lines in the District of Columbia, or elsewhere on said rivers, shall be established or modified as therein provided. 33406. Penalty for wrongful construction of bridges, piers, etc.; removal of structures Every person and every corporation that shall violate any of the provisions of section 401, 403, and 404 of this title or any rule or regulation made by the Secretary of the Army in pursuance of the provisions of section 404 of this title shall be deemed 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) not exceeding one year, or by both such punishments, in the discretion of the court. And further, the removal of any structures or parts of structures, erected in violation of the provisions of the said sections may be enforced by the injunction of any district court exercising jurisdiction in any district in which such structures may exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States. 33 § 407. Deposit of refuse in navigable waters generally It shall not be lawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, 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 description 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 navigable 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 Engineers anchorage and navigation will not be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material; and whenever |