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CITE

    33 USC Sec. 1907                                            01/05/2009

EXPCITE

    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

HEAD

    Sec. 1907. Violations

STATUTE

    (a) General prohibition; cooperation and enforcement; detection and
      monitoring measures; reports; evidence
      It is unlawful to act in violation of the MARPOL Protocol, Annex
    IV to the Antarctic Protocol, this chapter, or the regulations
    issued thereunder. The Secretary shall cooperate with other parties
    to the MARPOL Protocol or to the Antarctic Protocol in the
    detection of violations and in enforcement of the MARPOL Protocol
    and Annex IV to the Antarctic Protocol. The Secretary shall use all
    appropriate and practical measures of detection and environmental
    monitoring, and shall establish adequate procedures for reporting
    violations and accumulating evidence.
    (b) Investigations; subpenas: issuance by Secretary, enforcement;
      action by Secretary; information to party
      Upon receipt of evidence that a violation has occurred, the
    Secretary shall cause the matter to be investigated. In any
    investigation under this section the Secretary may issue subpenas
    to require the attendance of any witness and the production of
    documents and other evidence. In case of refusal to obey a subpena
    issued to any person, the Secretary may request the Attorney
    General to invoke the aid of the appropriate district court of the
    United States to compel compliance. Upon completion of the
    investigation, the Secretary shall take the action required by the
    MARPOL Protocol or the Antarctic Protocol and whatever further
    action he considers appropriate under the circumstances. If the
    initial evidence was provided by a party to the MARPOL Protocol or
    the Antarctic Protocol, the Secretary, acting through the Secretary
    of State, shall inform that party of the action taken or proposed.
    (c) Ship inspections; reports to Secretary; additional action
      (1) This subsection applies to inspections relating to possible
    violations of Annex I or Annex II to the Convention, of Article 3
    or Article 4 of Annex IV to the Antarctic Protocol, or of this
    chapter by any seagoing ship referred to in section 1902(a)(2) of
    this title.
      (2) While at a port or terminal subject to the jurisdiction of
    the United States, a ship to which the MARPOL Protocol or the
    Antarctic Protocol applies may be inspected by the Secretary -
        (A) to verify whether or not the ship has discharged a harmful
      substance in violation of the MARPOL Protocol, Annex IV to the
      Antarctic Protocol, or this chapter; or
        (B) to comply with a request from a party to the MARPOL
      Protocol or the Antarctic Protocol for an investigation as to
      whether the ship may have discharged a harmful substance anywhere
      in violation of the MARPOL Protocol or Annex IV to the Antarctic
      Protocol. An investigation may be undertaken under this clause
      only when the requesting party has furnished sufficient evidence
      to allow the Secretary reasonably to believe that a discharge has
      occurred.
    If an inspection under this subsection indicates that a violation
    has occurred, the investigating officer shall forward a report to
    the Secretary for appropriate action. The Secretary shall undertake
    to notify the master of the ship concerned and, acting in
    coordination with the Secretary of State, shall take any additional
    action required by Article 6 of the Convention.
    (d) Garbage disposal inspections; covered ships; enforcement
      actions
      (1) The Secretary may inspect a ship referred to in section
    1902(a)(3) of this title to verify whether the ship has disposed of
    garbage in violation of Annex V to the Convention, Article 5 of
    Annex IV to the Antarctic Protocol, or this chapter.
      (2) If an inspection under this subsection indicates that a
    violation has occurred, the Secretary may undertake enforcement
    action under section 1908 of this title.
    (e) Harmful substance or garbage disposal inspections; covered
      ships; enforcement actions
      (1) The Secretary may inspect at any time a ship of United States
    registry or nationality or operating under the authority of the
    United States to which the MARPOL Protocol or the Antarctic
    Protocol applies to verify whether the ship has discharged a
    harmful substance or disposed of garbage in violation of those
    Protocols or this chapter.
      (2) If an inspection under this subsection indicates that a
    violation of the MARPOL Protocol, of Annex IV to the Antarctic
    Protocol, or of this chapter has occurred the Secretary may
    undertake enforcement action under section 1908 of this title.
    (f) Inspections; enforcement
      (1) The Secretary may inspect a ship to which this chapter
    applies as provided under section 1902(a)(5) of this title, to
    verify whether the ship is in compliance with Annex VI to the
    Convention and this chapter.
      (2) If an inspection under this subsection or any other
    information indicates that a violation has occurred, the Secretary,
    or the Administrator in a matter referred by the Secretary, may
    undertake enforcement action under this section.
      (3) Notwithstanding subsection (b) and paragraph (2) of this
    subsection, the Administrator shall have all of the authorities of
    the Secretary, as specified in subsection (b) of this section, for
    the purposes of enforcing regulations 17 and 18 of Annex VI to the
    Convention to the extent that shoreside violations are the subject
    of the action and in any other matter referred to the Administrator
    by the Secretary.

SOURCE

    (Pub. L. 96-478, Sec. 8, Oct. 21, 1980, 94 Stat. 2300; Pub. L. 100-
    220, title II, Sec. 2104, Dec. 29, 1987, 101 Stat. 1462; Pub. L.
    101-225, title II, Sec. 201(2), (3), Dec. 12, 1989, 103 Stat. 1910;
    Pub. L. 104-227, title II, Sec. 201(e), Oct. 2, 1996, 110 Stat.
    3043; Pub. L. 110-280, Sec. 8, July 21, 2008, 122 Stat. 2614.)

AMENDMENTS

      2008 - Subsec. (f). Pub. L. 110-280 amended subsec. (f)
    generally. Prior to amendment, text read as follows: "Remedies and
    requirements of this chapter supplement and neither amend nor
    repeal any other provisions of law, except as expressly provided in
    this chapter. Nothing in this chapter shall limit, deny, amend,
    modify, or repeal any other remedy available to the United States
    or any other person, except as expressly provided in this chapter."
      1996 - Subsec. (a). Pub. L. 104-227, Sec. 201(e)(1), (2),
    inserted "Annex IV to the Antarctic Protocol," after "violation of
    the MARPOL Protocol,", "or to the Antarctic Protocol" after "to the
    MARPOL Protocol", and "and Annex IV to the Antarctic Protocol"
    after "enforcement of the MARPOL Protocol".
      Subsec. (b). Pub. L. 104-227, Sec. 201(e)(3), inserted "or the
    Antarctic Protocol" after "MARPOL Protocol" in two places.
      Subsec. (c)(1). Pub. L. 104-227, Sec. 201(e)(4), inserted ", of
    Article 3 or Article 4 of Annex IV to the Antarctic Protocol,"
    after "to the Convention".
      Subsec. (c)(2). Pub. L. 104-227, Sec. 201(e)(5), (6), inserted
    "or the Antarctic Protocol" after "which the MARPOL Protocol" in
    introductory provisions, ", Annex IV to the Antarctic Protocol,"
    after "MARPOL Protocol" in subpar. (A), and "or the Antarctic
    Protocol" after "to the MARPOL Protocol" and "or Annex IV to the
    Antarctic Protocol" after "of the MARPOL Protocol" in subpar. (B).
      Subsec. (d)(1). Pub. L. 104-227, Sec. 201(e)(8), inserted ",
    Article 5 of Annex IV to the Antarctic Protocol," after
    "Convention".
      Subsec. (e)(1). Pub. L. 104-227, Sec. 201(e)(9), inserted "or the
    Antarctic Protocol" after "MARPOL Protocol" and substituted "those
    Protocols" for "that Protocol".
      Subsec. (e)(2). Pub. L. 104-227, Sec. 201(e)(10), inserted ", of
    Annex IV to the Antarctic Protocol," after "MARPOL Protocol".
      1989 - Subsecs. (c)(1), (e)(2). Pub. L. 101-225 inserted "or of
    this chapter".
      1987 - Subsec. (c). Pub. L. 100-220, Sec. 2104(a), added par.
    (1), designated existing provisions as par. (2), redesignated
    former pars. (1) and (2) as subpars. (A) and (B), respectively, and
    in closing provisions of par. (2) substituted "The" for "If a
    report made under this subsection involves a ship, other than one
    of United States registry or nationality or one operated under the
    authority of the United States, the".
      Subsecs. (d) to (f). Pub. L. 100-220, Sec. 2104(b), added
    subsecs. (d) and (e) and redesignated former subsec. (d) as (f).
                     EFFECTIVE DATE OF 1987 AMENDMENT
      Amendment by Pub. L. 100-220 effective Dec. 31, 1988, the date on
    which Annex V to the International Convention for the Prevention of
    Pollution from Ships, 1973, entered into force for the United
    States, see section 2002(a) of Pub. L. 100-220, set out as a note
    under section 1901 of this title.