§ 1907. — Violations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1907]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1907. Violations
(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) Supplemental remedies and requirements; other provisions and
available remedies unaffected
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.
(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.)
Amendments
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.