The Department of Justice shall conduct the legal proceedings necessary to enforce the provisions of sections 401, 403, 404, 406, 407, 408, 409, 411, and 412 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 attorneys to report to the Attorney General of the United States the action taken by him against offenders 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 enforcement of the said provisions and to facilitate the detection and bringing to punishment of such offenders, the officers and agents of the United 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 authority to swear out process, and to arrest and take into custody, with 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: Provided, That no person shall be arrested without process for any offense not committed in the presence of some one of the aforesaid officials: And provided further, That whenever any arrest is made under such sections, the person so arrested shall be brought forthwith before a magistrate judge, judge, or court of the United States for examination of the offenses alleged against him; and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States.
Notes of Decisions
California v. Sierra Club, 451 U.S. 287 (1981).
· cites it 2× “§ 406 , provides criminal penalties for violations of the provisions of various sections of the Act, including the provisions of § 10; and, § 17 of the Act, 33 U. S. C. § 413 , provides that "[t]he Department of Justice shall conduct the legal proceedings necessary to enforce…”
Port of South Louisiana v. Tri-Par. Indus., Inc., 927 F. Supp. 2d 332 (E.D. La. 2013).
“” 33 U.S.C. § 413 . “Sections 414 and 415 expressly authorize the government to remove vessels sunken in navigable waters and to recover removal costs when the owner” fails to remove the vessel in compliance with Section 409.”
Barcelo v. Brown, 478 F. Supp. 646 (D.P.R. 1979).
· cites it 2× “Thus 33 U.S.C. § 413 clearly and expressly mandates that: “The Department of Justice shall conduct the legal proceedings necessary to enforce the provisions of Sections 401, 403, 404, 406, 407, 408, 409, 411, 549, 686 and 687 of this title; .”
Bass Anglers Sportsman's Soc'y of Am. v. Scholze Tannery, Inc., 329 F. Supp. 339 (E.D. Tenn. 1971).
· cites it 3× “Additionally and by motion to amend, the plaintiffs in the instant case seek to obtain a writ of mandamus requiring the Department of Justice to perform mandatory duties imposed by 33 U.S.C. § 413 and specifically to join the plaintiffs in the prosecution of this action.”
Connecticut Action Now, Inc. v. Roberts Plating Co., Inc., 457 F.2d 81 (2d Cir. 1972).
“9 This hypothesis starts by noting that 33 U.S.C. § 413 , supra, says in directive words that “it shall be the duty” of the United States Attorney to prosecute where the statutorily designated officials have requested enforcement.”
United States v. United States Steel Corp., 328 F. Supp. 354 (N.D. Ind. 1970).
· cites it 3× “Defendant’s final argument is that the information is defective because it fails to allege that the prosecution was undertaken at the request of the Secretary of the Army or some other official designated in 33 U.”
Inmates of Attica Corr. Facility v. Nelson A. Rockefeller, 477 F.2d 375 (2d Cir. 1973).
“, 33 U.S.C. § 413 (“it shall be the duty of United States attorneys to vigorously prosecute all offenders” of certain provisions of the Rivers and Harbors Act when requested to do so by the appropriate officials).”
Twp. of Long Beach v. City of New York, 445 F. Supp. 1203 (D.N.J. 1978).
“§ 407 , because the enforcement of that Act is specifically delegated to the United States, see 33 U.S.C. § 413 , and there is no implied private right of action emanating therefrom.”
Musgrave Et Ux. v. Lucas Et Ux., 238 P.2d 780 (Or. 1951).
“” 33 USC §406 (1940), provides: “Every person * * * that shall violate any of the provisions of sections 401, 403, and 404 of this title or any rule or regulation made by the Secretary of War in pursuance of the provisions of said section 404, shall be deemed guilty of a…”
Bass Angler Sportsman Soc'y v. United States Steel Corp., 324 F. Supp. 412 (N.D. Ala. 1971).
“33 U.S.C. § 413 provides that “The Department of Justice shall conduct the legal proceedings necessary to enforce the provisions of sections * * * 407 * * * 411 * * * of this title * * * " 3 .”
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