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Proviso.

Food fishing permits, etc.

Enforcement by public vessels.

Posting of regulations.

violations.

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 hereby 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 War Department.

SEC. 2. That to enforce the regulations prescribed pursuant to this chapter, the Secretary of War may detail any public vessel in the service of the War Department, or, upon the request of the Secretary of War, the head of any other department may enforce, and the head of any such department is hereby authorized to enforce, such regulations by means of any public vessel of such department.

SEC. 3. That the regulations made the Secretary of War pursuant to this chapter shall be posted in conspicuous and appropriate places, designated by him, for the information of the public; and every person who and Punishment for every corporation which shall willfully violate any regulations made by the said Secretary pursuant to this chapter 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.

Jurisdiction of offenses com

mitted in a Territory or where

no United States court exists.

Trial of offender where found if not in Jurisdiction of any court.

SEC. 4. That offenses against the provisions of this chapter, 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 hereby 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 (40 Stat. 892, 893; 33 U. S. C. 3).

3. LAWS AUTHORIZING THE SECRETARY OF WAR TO ESTABLISH ANCHORAGE GROUNDS AND REGULATIONS IN RELATION THERETO

EXTRACT FROM THE RIVER AND HARBOR ACT

APPROVED MARCH 4, 1915

and enforce ment of rules tions.

and regula

SEC. 7. That the Secretary of War is hereby author- Anchorage grounds. Esized, empowered, and directed to define and establish tablishment of, and adoption anchorage grounds for vessels in all harbors, rivers, bays, and other navigable waters of the United States whenever it is manifest to the said Secretary that the maritime or commercial interests of the United States require such anchorage grounds for safe navigation and the establishment of such anchorage grounds shall have been recommended by the Chief of Engineers, and to adopt suitable rules and regulations in relation thereto; and such rules and regulations shall be enforced by the Revenue-Cutter Service under the direction of the Secretary of the Treasury: Provided, That at ports or places where there is no revenue cutter available such rules and regulations may be enforced by the Chief of Engineers under the direction of the Secretary of War. In the event of the violation of any such rules and regulations by the owner, master, or person in charge of any vessel, such owner, master, or person in charge of such vessel shall be liable to a penalty of $100; and the said vessel may be holden for the payment of such penalty, and may be seized and proceeded against summarily by libel for the recovery of the same in any United States district court for the district within which such vessel may be and in the name of the officer designated by the Secretary of War (38 Stat. 1053; 33 U. S. C. 471).

1 Coast Guard Act approved Jan. 28, 1915, vol. 38, p. 801.

(15)

4. LAWS RELATING TO BEACH EROSION

EXTRACT FROM THE RIVER AND HARBOR ACT
APPROVED JULY 3, 1930

SEC. 2. *** The Chief of Engineers of the United States Army, under the direction of the Secretary of War, is authorized and directed to cause investigations and studies to be made in cooperation with the appropriate agencies of various States on the Atlantic, Pacific, and Gulf coasts and on the Great Lakes, and the Territories, with a view to devising effective means of preventing erosion of the shores of coastal and lake waters by waves and currents; and any expenses incident and necessary thereto may be paid from funds appropriated for Examinations, Surveys and Contingencies for Rivers and Harbors: Provided, That the War Department may release to the appropriate State agencies information obtained by these investigations and studies prior to the formal transmission of reports to Congress: Provided further, That no money shall be expended under authority of this section in any State which does not provide for cooperation with the agents of the United States and contribute to the project such funds and/or services as the Secretary of War may deem appropriate and require; that there shall be organized under the Chief of Engineers, United States Army, by detail from time to time from the Corps of Engineers and from the engineers of State agencies charged with beach erosion and shore protection, a board of seven members, of whom four shall be officers of the Corps of Engineers and three shall be selected with regard to their special fitness by the Chief of Engineers from among the State agencies cooperating with the War Department. The board will furnish such technical assistance as may be directed by the Chief of Engineers in the conduct of such studies as may be undertaken and will review the reports of the investigations made. In the consideration of such studies as may be referred to the board by the Chief of Engineers, the board shall, when it considers it necessary and with the sanction of the Chief of Engineers, make, as a board or through its members, personal examinations of localities under investigation: Provided further, That the salary of the civilian members shall be paid by their respective States, but the traveling and other necessary expenses con

nected with their duties on the board shall be paid in accordance with the law and regulations governing the payment of such expenses to civilian employees of the Engineer Department (46 Stat. 945; 33 U. S. C. 426).

RIVER AND HARBOR ACT APPROVED JUNE 26, 1936

An Act For the improvement and protection of the beaches along the shores of the United States.

and protection of beaches beaches defined.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is hereby declared to be the policy Improvement of the United States to assist in the construction where Federal interests are involved, but not the maintenance, of works for the improvement and protection of the beaches along the shores of the United States, and to prevent erosion due to the action of waves, tides, and currents, with the purpose of preventing damage to property along the shores of the United States, and promoting and encouraging the healthful recreation of the people. As used in this Act, the word "beaches" includes all those situated on the coasts of the Atlantic and Pacific Oceans, the Gulf of Mexico, and the shores of the Great Lakes, and all estuaries and bays directly connected therewith (49 Stat. 1982; 33 U. S. C. 427). SEC. 2. (a) It shall be the duty of the Secretary of War, through the Beach Erosion Board, organized under the provisions of section 2 of the Rivers and Harbors Act, approved July 3, 1930, to make investigations with a view to determining the most suitable methods of beach protection and restoration of beaches in different localities; to advise the States, counties, municipalities or individuals of the appropriate locations for recreational facilities; and to publish from time to time such useful data and information concerning the protection of beaches as the Board may deem to be of value to the people of the United States: Provided, That not more than 75 per centum of the cost of any specific investigation shall be borne by the United States.

(b) All provisions of existing law relating to examinations and surveys and to works of improvement of rivers and harbors shall apply, insofar as practicable, to examinations and surveys and to works of improvement relating to shore protection; except that all projects having to do with shore protection shall be referred for consideration and recommendation to the Beach Erosion Board instead of to the Board of Engineers for Rivers and Harbors (49 Stat. 1982; 33 U. S. C. 428). SEC. 3. The Beach Erosion Board, in making its report on any work or project relating to shore protection shall, in addition to any other matters upon which it may be required to report, state its opinion as to (a) the

Investigations by Beach Eroslon Board duties of Board.

Report of Beach
Erosion Board.

Payment of expenses.

advisability of adopting the project, (b) what Federal interest, if any, is involved in the proposed improvement, and (c) what share of the expense, if any, should be borne by the United States (49 Stat. 1983; 33 U. S. C. 429).

SEC. 4. Any expenses incident and necessary in the undertaking of the investigations and studies authorized herein may be paid from funds hitherto or hereafter appropriated for examinations, surveys and contingencies for rivers and harbors (49 Stat. 1983; 33 U. S. C. 430).

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