TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS
HEAD
Sec. 1908. Penalties for violations
STATUTE
(a) Criminal penalties; payment for information leading to
conviction
A person who knowingly violates the MARPOL Protocol, Annex IV to
the Antarctic Protocol, this chapter, or the regulations issued
thereunder commits a class D felony. In the discretion of the
Court, an amount equal to not more than 1/2 of such fine may be
paid to the person giving information leading to conviction.
(b) Civil penalties; separate violations; assessment notice;
considerations affecting amount; payment for information leading
to assessment of penalty
A person who is found by the Secretary, or the Administrator as
provided for in this chapter, after notice and an opportunity for a
hearing, to have -
(1) violated the MARPOL Protocol, Annex IV to the Antarctic
Protocol, this chapter, or the regulations issued thereunder
shall be liable to the United States for a civil penalty, not to
exceed $25,000 for each violation; or
(2) made a false, fictitious, or fraudulent statement or
representation in any matter in which a statement or
representation is required to be made to the Secretary, or the
Administrator as provided for in this chapter, under the MARPOL
Protocol, Annex IV to the Antarctic Protocol, this chapter, or
the regulations thereunder, shall be liable to the United States
for a civil penalty, not to exceed $5,000 for each statement or
representation.
Each day of a continuing violation shall constitute a separate
violation. The amount of the civil penalty shall be assessed by the
Secretary, or the Administrator as provided for in this chapter or
his designee, by written notice. In determining the amount of the
penalty, the Secretary, or the Administrator as provided for in
this chapter, shall take into account the nature, circumstances,
extent, and gravity of the prohibited acts committed and, with
respect to the violator, the degree of culpability, any history of
prior offenses, ability to pay, and other matters as justice may
require. An amount equal to not more than 1/2 of such penalties
may be paid by the Secretary, or the Administrator as provided for
in this chapter, to the person giving information leading to the
assessment of such penalties.
(c) Abatement of civil penalties; collection by Attorney General
The Secretary, or the Administrator as provided for in this
chapter, may compromise, modify, or remit, with or without
conditions, any civil penalty which is subject to assessment or
which has been assessed under this section. If any person fails to
pay an assessment of a civil penalty after it has become final, the
Secretary, or the Administrator as provided for in this chapter,
may refer the matter to the Attorney General of the United States
for collection in any appropriate district court of the United
States.
(d) Liability in rem; district court jurisdiction
A ship operated in violation of the MARPOL Protocol, Annex IV to
the Antarctic Protocol, this chapter, or the regulations thereunder
is liable in rem for any fine imposed under subsection (a) of this
section or civil penalty assessed pursuant to subsection (b) of
this section, and may be proceeded against in the United States
district court of any district in which the ship may be found.
(e) Ship clearance or permits; refusal or revocation; bond or other
surety
If any ship subject to the MARPOL Protocol, Annex IV to the
Antarctic Protocol, or this chapter, its owner, operator, or person
in charge is liable for a fine or civil penalty under this section,
or if reasonable cause exists to believe that the ship, its owner,
operator, or person in charge may be subject to a fine or civil
penalty under this section, the Secretary of the Treasury, upon the
request of the Secretary, shall refuse or revoke the clearance
required by section 60105 of title 46. Clearance may be granted
upon the filing of a bond or other surety satisfactory to the
Secretary.
(f) Referrals for appropriate action by foreign country
Notwithstanding subsection (a), (b), or (d) of this section, if
the violation is by a ship registered in or of the nationality of a
country party to the MARPOL Protocol or the Antarctic Protocol, or
one operated under the authority of a country party to the MARPOL
Protocol or the Antarctic Protocol, the Secretary, or the
Administrator as provided for in this chapter acting in
coordination with the Secretary of State, may refer the matter to
the government of the country of the ship's registry or
nationality, or under whose authority the ship is operating for
appropriate action, rather than taking the actions required or
authorized by this section.
SOURCE
(Pub. L. 96-478, Sec. 9, Oct. 21, 1980, 94 Stat. 2301; Pub. L. 100-
220, title II, Sec. 2105, Dec. 29, 1987, 101 Stat. 1463; Pub. L.
101-380, title IV, Sec. 4302(n), Aug. 18, 1990, 104 Stat. 539; Pub.
L. 103-182, title VI, Sec. 688, Dec. 8, 1993, 107 Stat. 2222; Pub.
L. 104-227, title II, Sec. 201(f), Oct. 2, 1996, 110 Stat. 3043;
Pub. L. 110-280, Sec. 10, July 21, 2008, 122 Stat. 2615.)
CODIFICATION
In subsec. (e), "section 60105 of title 46" substituted for
"section 4197 of the Revised Statutes of the United States (46
U.S.C. App. 91)" on authority of Pub. L. 109-304, Sec. 18(c), Oct.
6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title
46, Shipping.
AMENDMENTS
2008 - Pub. L. 110-280, Sec. 10(1), substituted "MARPOL
Protocol," for "MARPOL Protocol,," wherever appearing in subsecs.
(a), (b), and (d).
Subsec. (b). Pub. L. 110-280, Sec. 10(2)(C), in concluding
provisions, inserted "or the Administrator as provided for in this
chapter" after "Secretary," and ", or the Administrator as provided
for in this chapter," after "Secretary" in two places.
Pub. L. 110-280, Sec. 10(2)(A), in introductory provisions,
inserted "or the Administrator as provided for in this chapter,"
after "Secretary,".
Subsec. (b)(2). Pub. L. 110-280, Sec. 10(2)(B), inserted ", or
the Administrator as provided for in this chapter," after
"Secretary".
Subsec. (c). Pub. L. 110-280, Sec. 10(3), inserted ", or the
Administrator as provided for in this chapter," after "Secretary"
in two places.
Subsec. (f). Pub. L. 110-280, Sec. 10(4), inserted "or the
Administrator as provided for in this chapter" after "Secretary,".
1996 - Subsec. (a). Pub. L. 104-227, Sec. 201(f)(1), inserted ",
Annex IV to the Antarctic Protocol," after "MARPOL Protocol,".
Subsec. (b). Pub. L. 104-227, Sec. 201(f)(2), (3), inserted ",
Annex IV to the Antarctic Protocol," after "MARPOL Protocol," in
pars. (1) and (2).
Subsec. (d). Pub. L. 104-227, Sec. 201(f)(4), inserted ", Annex
IV to the Antarctic Protocol," after "MARPOL Protocol,".
Subsec. (e). Pub. L. 104-227, Sec. 201(f)(5), inserted ", Annex
IV to the Antarctic Protocol," after "MARPOL Protocol".
Subsec. (f). Pub. L. 104-227, Sec. 201(f)(6), inserted "or the
Antarctic Protocol" after "MARPOL Protocol" in two places.
1993 - Subsec. (e). Pub. L. 103-182 substituted "shall refuse or
revoke the clearance required by section 91 of title 46, Appendix.
Clearance may be granted upon the filing of a bond or other surety
satisfactory to the Secretary." for "shall refuse or revoke -
"(1) the clearance required by section 91 of title 46,
Appendix; or
"(2) a permit to proceed under section 313 of title 46,
Appendix, or section 1443 of title 19.
Clearance or a permit to proceed may be granted upon the filing of
a bond or other surety satisfactory to the Secretary."
1990 - Subsec. (a). Pub. L. 101-380 substituted "commits a class
D felony" for "shall, for each violation, be fined not more than
$50,000 or be imprisoned for not more than 5 years, or both".
1987 - Subsec. (a). Pub. L. 100-220, Sec. 2105(a)(1), inserted at
end "In the discretion of the Court, an amount equal to not more
than 1/2 of such fine may be paid to the person giving
information leading to conviction."
Subsec. (b). Pub. L. 100-220, Sec. 2105(a)(2), inserted at end
"An amount equal to not more than 1/2 of such penalties may be
paid by the Secretary to the person giving information leading to
the assessment of such penalties."
Subsec. (f). Pub. L. 100-220, Sec. 2105(b), substituted "to the
government of the country of the ship's registry or nationality, or
under whose authority the ship is operating" for "to that country".
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of this title.
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.
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