33 U.S.C. § 410 : US Code - Section 410: Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty

Search 33 U.S.C. § 410 : US Code - Section 410: Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty

The prohibition contained in section 409 of this title against
floating loose timber and logs, or sack rafts, so called, of timber
and logs in streams or channels actually navigated by steamboats,
shall not apply to any navigable river or waterway of the United
States or any part thereof whereon the floating of loose timber and
logs and sack rafts of timber and logs is the principal method of
navigation. But such method of navigation on such river or waterway
or part thereof shall be subject to the rules and regulations
prescribed by the Secretary of the Army as provided in this
section.
The Secretary of the Army shall have power, and he is authorized
and directed to prescribe rules and regulations, which he may at
any time modify, to govern and regulate the floating of loose
timber and logs, and sack rafts, (so called) of timber and logs and
other methods of navigation on the streams and waterways, or any
thereof, of the character, as to navigation, heretofore in this
section described. The said rules and regulations shall be so
framed as to equitably adjust conflicting interests between the
different methods or forms of navigation; and the said rules and
regulations shall be published at least once in such newspaper or
newspapers of general circulation as in the opinion of the
Secretary of the Army shall be best adapted to give notice of said
rules and regulations to persons affected thereby and locally
interested therein. And all modifications of said rules and
regulations shall be similarly published. And such rules and
regulations when so prescribed and published as to any such stream
or waterway shall have the force of law, and any violation thereof
shall be a misdemeanor, and every person convicted of such
violation shall be punished by a fine of not exceeding $2,500 nor
less than $500, or by imprisonment (in case of a natural person)
for not less than thirty days nor more than one year, or by both
such fine and imprisonment, in the discretion of the court:
Provided, That the proper action to enforce the provisions of this
section may be commenced before any magistrate judge, judge, or
court of the United States, and such magistrate judge, judge, or
court shall proceed in respect thereto as authorized by law in the
case of crimes or misdemeanors committed against the United States.
The right to alter, amend, or repeal this section at any time is
reserved.
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