Any and every master, pilot, and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel who shall knowingly engage in towing any scow, boat, or vessel loaded with any material specified in section 407 of this title to any point or place of deposit or discharge in any harbor or navigable water, elsewhere than within the limits defined and permitted by the Secretary of the Army, or who shall willfully injure or destroy any work of the United States contemplated in section 408 of this title, or who shall willfully obstruct the channel of any waterway in the manner contemplated in section 409 of this title, shall be deemed guilty of a violation of this Act, and shall upon conviction be punished as provided in section 411 of this title, and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. And any boat, vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections 407, 408, 409, 414, and 415 of this title shall be liable for the pecuniary penalties specified in section 411 of this title, and in addition thereto for the amount of the damages done by said boat, vessel, scow, raft, or other craft, which latter sum shall be placed to the credit of the appropriation for the improvement of the harbor or waterway in which the damage occurred, and said boat, vessel, scow, raft, or other craft may be proceeded against summarily by way of libel in any district court of the United States having jurisdiction thereof.
Notes of Decisions
Wyandotte Transp. Co. v. United States, 389 U.S. 191 (1967).
· cites it 2× “12, despite the fact that the right of the Government to proceed against cargo is by no means clearly granted by the statute.”
United States v. M/V BIG SAM, 454 F. Supp. 1144 (E.D. La. 1978).
· cites it 3× “The liability of vessels engaged in violations of this statute is set forth in the second sentence of 33 U.S.C. § 412 , which in pertinent part reads as follows: “And any boat, vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections…”
Am. River Transp. v. United States, Corp of Eng, 800 F.3d 428 (8th Cir. 2015).
· cites it 2× “33 U.S.C. § 412 . The government contends that, in addition to the express in rem cause of action against the offending vessel for violations of § 408, it has an implicit in personam cause of action against the vessel owner.”
United States v. Ohio Valley Co., Inc., in Personam, & M/v John Fitzgerald, Her Engines, Tackle, Appurtenances, Etc., in Rem, 510 F.2d 1184 (7th Cir. 1975).
· cites it 2× “In addition, the relevant portion of section 16 of the same Act provides that any vessel used or employed in violating section 14 is liable for the civil fines of 33 U.”
United States v. THE M/V MARTIN, 198 F. Supp. 171 (S.D. Ill. 1961).
· cites it 3× “The M/V Martin and the Barge MOS-101 were, and each of them was, on April 19, 1956, a vessel used and employed within the meaning of the provisions of 33 U.S.C.A. § 412 , in injuring and damaging Drolls Point Light, a work built by the United States for the preservation and…”
Com. of Puerto Rico v. SS Zoe Colocotroni, 456 F. Supp. 1327 (D.P.R. 1978).
“” Section 16 of the same Act, 33 U.S.C. § 412 reads in part: “[A]ny boat, vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections 407 .”
La Merced, 84 F.2d 444 (9th Cir. 1936).
· cites it 2× “00) was incurred by reason of the facts hereinabove stated, said penalty becoming by virtue of 33 U.S.C.A. § 412 a lien upon and against the above named vessel.”
United States v. Charles Zubik, 295 F.2d 53 (3rd Cir. 1961).
· cites it 2× “§ 411 , makes violation of § 13 and § 15 punishable by fine or imprisonment, or both, and further provides 33 U.S.C.A. § 412 that “any boat, vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections thirteen * * * and fifteen of this Act…”
United States v. Fed. Barge Lines, Inc., Dundee Cement Co. in Personam, & M/v Tom Talbert, Her Engines, Tackle, Etc., in Rem, 573 F.2d 993 (8th Cir. 1978).
“33 U.S.C. § 412 (1970) provides in relevant part: And any boat, vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections 407, 408, and 409 of this title shall be liable for the pecuniary penalties specified in section 411 of this title,…”
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