§ 1908. — Penalties for 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: 33USC1908]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1908. Penalties for violations
(a) Criminal penalties; payment for information leading to conviction
A person who knowingly violates the MARPOL Protocol,,\1\ 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.
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\1\ So in original.
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(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, after notice and an
opportunity for a hearing, to have--
(1) violated the MARPOL Protocol,,\1\ 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 under the MARPOL
Protocol,,\1\ 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 his designee, by written notice. In determining the amount
of the penalty, the Secretary 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 to the person giving information leading to the
assessment of such penalties.
(c) Abatement of civil penalties; collection by Attorney General
The Secretary 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
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,,\1\ 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 91
of title 46, Appendix. 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, 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.
(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.)
Amendments
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.
Section Referred to in Other Sections
This section is referred to in sections 1904, 1907, 1910 of this
title.
