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§ 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.



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