[Authority to adopt regulations.] In the interest of the national defense, and for the better protection of life and property on the navigable waters of the United States, the Secretary of the Army is authorized and empowered to prescribe such regulations as he may deem best for the use and navigation of any portion or area of the navigable waters of the United States or waters under the jurisdiction of the United States endangered or likely to be endangered by Artillery fire in target practice or otherwise, or by the proving operations of the Government ordnance proving grounds at Sandy Hook, New Jersey, or at any Government ordnance proving ground that may be established elsewhere on or near such waters, and of any portion or area of said waters occupied by submarine mines, mine fields, submarine cables, or other material and accessories pertaining to seacoast fortifications, or by any plant or facility engaged in the execution of any public project of river and harbor improvement; and the said Secretary shall have like power to regulate the transportation of explosives upon any of said waters: Provided, That the authority conferred shall be so exercised as not unreasonably to interfere with or restrict the food fishing industry, and the regulations prescribed in pursuance hereof shall provide for the use of such waters by food fishermen operating under permits granted by the Department of the Army.
[Detail of vessels to enforce regulations.] To enforce the regulations prescribed pursuant to this section, the Secretary of the Army, may detail any public vessel in the service of the Department of the Army, or, upon the request of the Secretary of the Army, the head of any other department may enforce, and the head of any such department is authorized to enforce, such regulations by means of any public vessel of such department.
[Posting and violation of regulations.] The regulations made by the Secretary of the Army pursuant to this section shall be posted in conspicuous and appropriate places, designated by him, for the information of the public; and every person who and every corporation which shall willfully violate any regulations made by the said Secretary pursuant to this section shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be punished by a fine not exceeding $500, or by imprisonment (in the case of a natural person) not exceeding six months, in the discretion of the court.
[Venue and jurisdiction of offenses; procedure.] Offenses against the provisions of this section, or any regulation made pursuant thereto, committed in any Territory or other place subject to the jurisdiction of the United States where there is no court having general jurisdiction of crimes against the United States, shall be cognizable in any court of such place or Territory having original jurisdiction of criminal cases in the place or Territory in which the offense has been committed, with the same right of appeal in all cases as is given in other criminal cases where imprisonment not exceeding six months forms a part of the penalty, and jurisdiction is conferred upon such courts and such courts shall exercise the same for such purposes; and in case any such offense be committed beyond the territorial jurisdiction of any court having jurisdiction thereof, the offense shall be deemed and held to have been committed within the jurisdiction in which the offender may be found or into which he is first brought, and shall be tried by the court having jurisdiction thereof.
Notes of Decisions
Carlos Romero-Barcelo, Etc. v. Harold Brown, 643 F.2d 835 (1st Cir. 1981).
· cites it 5× “234 , unreasonably restrict the food fishing industry of Vieques contrary to 33 U.S.C. § 3 ? 5. Do the Navy’s training activities generate such noise as to create a public nuisance in violation of Puerto Rico’s criminal nuisance statute, P.”
United States v. Zenon, 285 F. Supp. 2d 109 (D.P.R. 2003).
· cites it 9× ““Food Fishing Proviso” Issue First, Defendants contend that the Court erred in its finding of guilt because the charged entry into a denominated danger zone must be prosecuted under 33 U.S.C. § 3 , and not under 18 U.S.C. § 1382 .”
United States v. Zenón-Encarnación, 387 F.3d 60 (1st Cir. 2004).
· cites it 8× “Applicability of the statute Appellants challenge their convictions on the ground that entry into a danger zone can be prosecuted only under 33 U.S.C. § 3 , and not under 18 U.S.C. § 1382 or any other statute, because the regulation establishing the danger zone, 33 C.”
United States v. Holmes, 414 F. Supp. 831 (D. Md. 1976).
· cites it 2× “” 33 U.S.C. § 3 . Ill The arguments of the State and of the defendant have in large part confused and overlooked the important distinction between the acquisition by the Federal Government of title to real property through deed or through the exercise of the power of eminent…”
Barcelo v. Brown, 478 F. Supp. 646 (D.P.R. 1979).
“33 U.S.C. § 3 . As previously indicated in this opinion, the pertinent regulations respecting the target range at Vieques Island are promulgated at 33 C.”
United States v. Zenón-Rodríguez, 289 F.3d 28 (1st Cir. 2002).
· cites it 6× “§ 1 , and that it should have been promulgated under 33 U.S.C. § 3 , which requires that the regulation will not “unreasonably .”
Todd v. United States, 292 F.2d 841 (Ct. Cl. 1961).
“892 , 33 U.S.C. § 3 . Defendant’s actions here were an unreasonable interference.”
Jackson v. United States, 103 F. Supp. 1019 (Ct. Cl. 1952).
“On February 19, 1943, the Government having leased Spesutie Island from its private owners, the Secretary of War, acting under authority of the Act of July 9, 1918, 33 U.S.C.A. § 3 , redefined the restricted areas of the Aberdeen Proving Ground, Aberdeen, Maryland, by enlarging…”
Blake v. United States, 181 F. Supp. 584 (E.D. Va. 1960).
“§ 1497 and 33 U.S.C.A. § 3 favoring oyster ground planters and fishing interests in general.”
Somerset Seafood Co. v. United States, 95 F. Supp. 298 (D. Md. 1951).
· cites it 3× “The regulations were continued after the war, pursuant to the authority of 33 U.S.C.A. § 3 and the regulations published at 33 C.”
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