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

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

(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.)
Codification

Section is from act Mar. 3, 1899, popularly known as the “Rivers and Harbors Appropriation Act of 1899”.
Amendments

2004—Pub. L. 108–293substituted “day and, unless otherwise granted a waiver by the Commandant of the Coast Guard, a light” for “day and a lighted lantern” in second sentence and inserted at end “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.”
1986—Pub. L. 99–662substituted “or to sink” for “or to voluntarily or carelessly sink”, struck out “accidentally or otherwise,” after “navigable channel,”, and inserted “, lessee, or operator” after “owner” in three places.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

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33 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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33 CFR - Navigation and Navigable Waters

33 CFR Part 64 - MARKING OF STRUCTURES, SUNKEN VESSELS AND OTHER OBSTRUCTIONS

33 CFR Part 209 - ADMINISTRATIVE PROCEDURE

33 CFR Part 245 - REMOVAL OF WRECKS AND OTHER OBSTRUCTIONS

33 CFR Part 320 - GENERAL REGULATORY POLICIES

33 CFR Part 325 - PROCESSING OF DEPARTMENT OF THE ARMY PERMITS

33 CFR Part 326 - ENFORCEMENT

33 CFR Part 329 - DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES

33 CFR Part 330 - NATIONWIDE PERMIT PROGRAM

33 CFR Part 331 - ADMINISTRATIVE APPEAL PROCESS

 

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