1625-0041 Stat Authority

WAIS Document Retrieval
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 106-554
[Document affected by Public Law 106-554
[Document affected by Public Law 106-554
[Document affected by Public Law 106-554
[Document affected by Public Law 106-554
[Document affected by Public Law 106-554
[Document affected by Public Law 106-554
[Document affected by Public Law 106-554
[Document affected by Public Law 106-554
[CITE: 33USC1901]

Page 1 of 11

Section
Section
Section
Section
Section
Section
Section
Section
Section

1(a)(4)]
1(a)(4)]
1(a)(4)]
1(a)(4)]
1(a)(4)]
1(a)(4)]
1(a)(4)]
1(a)(4)]
1(a)(4)]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1901. Definitions
(a) Unless the context indicates otherwise, as used in this
chapter-(1) ``Antarctica'' means the area south of 60 degrees south
latitude;
(2) ``Antarctic Protocol'' means the Protocol on Environmental
Protection to the Antarctic Treaty, signed October 4, 1991, in
Madrid, and all annexes thereto, and includes any future amendments
thereto which have entered into force;
(3) ``MARPOL Protocol'' means the Protocol of 1978 relating to
the International Convention for the Prevention of Pollution from
Ships, 1973, and includes the Convention;
(4) ``Convention'' means the International Convention for the
Prevention of Pollution from Ships, 1973, including Protocols I and
II and Annexes I, II, and V thereto, including any modification or
amendments to the Convention, Protocols, or Annexes which have
entered into force for the United States;
(5) ``discharge'' and ``garbage'' and ``harmful substance'' and
``incident'' shall have the meanings provided in the Convention;
(6) ``owner'' means any person holding title to, or in the
absence of title, any other indicia of ownership of, a ship or
terminal, but does not include a person who, without participating
in the management or operation of a ship or terminal, holds indicia
of ownership primarily to protect a security interest in the ship or
terminal;
(7) ``operator'' means-(a) in the case of a ship, a charterer by demise or any
other person, except the owner, who is responsible for the
operation, manning, victualing, and supplying of the vessel, or
(b) in the case of a terminal, any person, except the owner,
responsible for the operation of the terminal by agreement with
the owner;
(8) ``person'' means an individual, firm, public or private
corporation, partnership, association, State, municipality,
commission, political subdivision of a State, or any interstate
body;
(9) ``Secretary'' means the Secretary of the department in which
the Coast Guard is operating;
(10) ``ship'' means a vessel of any type whatsoever, including
hydrofoils, air-cushion vehicles, submersibles, floating craft
whether self-propelled or not, and fixed or floating platforms;
(11) ``submersible'' means a submarine, or any other vessel
designed to operate under water; and
(12) ``terminal'' means an onshore facility or an offshore

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14499927346+0+0+... 02/11/2005

WAIS Document Retrieval

Page 2 of 11

structure located in the navigable waters of the United States or
subject to the jurisdiction of the United States and used, or
intended to be used, as a port or facility for the transfer or other
handling of a harmful substance.
(b) For purposes of this chapter, the requirements of Annex V shall
apply to the navigable waters of the United States, as well as to all
other waters and vessels over which the United States has jurisdiction.
(c) For the purposes of this chapter, the requirements of Annex IV
to the Antarctic Protocol shall apply in Antarctica to all vessels over
which the United States has jurisdiction.
(Pub. L. 96-478, Sec. 2, Oct. 21, 1980,
title II, Sec. 2101, Dec. 29, 1987, 101
div. A, title X, Sec. 1003(f), Nov. 30,
104-227, title II, Sec. 201(a), Oct. 2,

94 Stat. 2297; Pub. L. 100-220,
Stat. 1460; Pub. L. 103-160,
1993, 107 Stat. 1748; Pub. L.
1996, 110 Stat. 3042.)

References in Text
This chapter, referred to in text, was in the original ``this Act'',
meaning Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, known as the ``Act
to Prevent Pollution from Ships''. For complete classification of this
Act to the Code, see Short Title note below and Tables.
Amendments
1996--Subsec. (a). Pub. L. 104-227, Sec. 201(a)(1), (2), added pars.
(1) and (2) and redesignated former pars. (1) to (10) as (3) to (12),
respectively.
Subsec. (c). Pub. L. 104-227, Sec. 201(a)(3), added subsec. (c).
1993--Subsec. (a)(9), (10). Pub. L. 103-160 added par. (9) and
redesignated former par. (9) as (10).
1987--Subsec. (a). Pub. L. 100-220, Sec. 2101(1), designated
existing provisions as subsec. (a).
Subsec. (a)(1). Pub. L. 100-220, Sec. 2101(2), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: `` `MARPOL
Protocol' means the Protocol of 1978 Relating to the International
Convention for the Prevention of Pollution from Ships, 1973, done at
London on February 17, 1978. This Protocol incorporates and modifies the
International Convention for the Prevention of Pollution from Ships,
1973, done at London on November 2, 1973;''.
Subsec. (a)(2). Pub. L. 100-220, Sec. 2101(3), substituted ``Annexes
I, II, and V thereto, including any modification or amendments to the
Convention, Protocols, or Annexes which have entered into force for the
United States'' for ``Annexes I and II attached thereto''.
Subsec. (a)(3). Pub. L. 100-220, Sec. 2101(4), inserted ``and
`garbage' ''.
Subsec. (b). Pub. L. 100-220, Sec. 2101(5), added subsec. (b).
Effective Date of 1987 Amendment
Section 2002 of title II of Pub. L. 100-220 provided that:
``(a) In General.--Except as provided in subsections (b) and (c),
this title [enacting sections 1912 to 1915 of this title, amending this
section and sections 1902, 1903, 1905, and 1907 to 1909 of this title,
and enacting provisions set out as notes under this section, section
2267 of this title, and section 6981 of Title 42, The Public Health and
Welfare] shall be effective on the date on which Annex V to the
International Convention for the Prevention of Pollution from Ships,
1973, enters into force for the United States. [Annex V entered into
force for the United States Dec. 31, 1988.]
``(b) Exceptions.--Sections 2001, 2002, 2003, 2108, 2202, 2203,
2204, and subtitle C of this title [enacting sections 1912, 1914, and

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14499927346+0+0+... 02/11/2005

WAIS Document Retrieval

Page 3 of 11

1915 of this title, and provisions set out as notes under this section,
section 2267 of this title, and section 6981 of Title 42] shall be
effective on the date of the enactment of this title [Dec. 29, 1987].
``(c) Issuance of Regulations.-``(1) In general.--The authority to prescribe regulations
pursuant to this title shall be effective on the date of enactment
of this title [Dec. 29, 1987].
``(2) Effective date of regulations.--Any regulation prescribed
pursuant to this title shall not be effective before the effective
date of the provision of this title under which the regulation is
prescribed.''
Effective Date
Section 14(a), (b) of Pub. L. 96-478 provided:
``(a) Except as provided in subsection (b) of this section, this Act
[see Short Title note below] is effective upon the date of enactment
[Oct. 21, 1980], or on the date the MARPOL Protocol becomes effective as
to the United States, whichever is later. [The MARPOL Protocol became
effective as to the United States Oct. 2, 1983.]
``(b) The Secretary and the heads of Federal departments shall have
the authority to issue regulations, standards, and certifications under
sections 3(c), 3(d), 4(b), 5(a), 6(a), 6(c), and 6(f) [sections 1902(c),
(d), 1903(b), 1904(a), and 1905(a), (c), (f) of this title] effective on
the date of enactment of this Act [Oct. 21, 1980]. Section 13(a)(2)
[amending section 391a(3)(E) of former Title 46, Shipping] is effective
upon the date of enactment of this Act [Oct. 21, 1980].''
Short Title of 1987 Amendment
Section 2001 of title II of Pub. L. 100-220 provided that: ``This
title [see Effective Date of 1987 Amendment note above] may be cited as
the `Marine Plastic Pollution Research and Control Act of 1987'.''
Short Title
Section 1 of Pub. L. 96-478 provided: ``That this Act [enacting this
chapter, amending section 1321 of this title and section 742c(c) of
Title 16, Conservation, and section 391a of former Title 46, Shipping,
repealing sections 1001 to 1011 and 1013 to 1016 of this title, and
enacting provisions set out as notes under section 1001 of this title,
and section 742c of Title 16] may be cited as the `Act to Prevent
Pollution from Ships'.''
Savings Provision: Regulations in Effect Until Superseded
Section 14(c) of Pub. L. 96-478 provided that: ``Any rights or
liabilities existing on the effective date of this Act [see Effective
Date note above] shall not be affected by this enactment [see Short
Title note above]. Any regulations or procedures promulgated or effected
pursuant to the Oil Pollution Act, 1961, as amended [section 1001 et
seq. of this title], remain in effect until modified or superseded by
regulations promulgated under the authority of the MARPOL Protocol or
this Act.''
Study and Regulation of Great Lakes Cargo Residues
Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 1117(b), (c)], Dec. 21,
2000, 114 Stat. 2763, 2763A-209, provided that:
``(b) The Secretary shall conduct a study of the effectiveness of

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14499927346+0+0+... 02/11/2005

WAIS Document Retrieval

Page 4 of 11

the United States 1997 Enforcement Policy for Cargo Residues on the
Great Lakes (`Policy') by September 30, 2002.
``(c) The Secretary is authorized to promulgate regulations to
implement and enforce a program to regulate incidental discharges from
vessels of residues of non-hazardous and non-toxic dry bulk cargo into
the waters of the Great Lakes, which takes into account the finding in
the study required under subsection (b). This program shall be
consistent with the Policy.''
Certain Alaskan Cruise Ship Operations
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XIV], Dec. 21, 2000,
114 Stat. 2763, 2763A-315, provided that:
``SEC. 1401. PURPOSE.
``The purpose of this title is to:
``(1) Ensure that cruise vessels operating in the waters of the
Alexander Archipelago and the navigable waters of the United States
within the State of Alaska and within the Kachemak Bay National
Estuarine Research Reserve comply with all applicable environmental
laws, including, but not limited to, the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Act to Prevent
Pollution from Ships, as amended (33 U.S.C. 1901 et seq.), and the
protections contained within this title.
``(2) Ensure that cruise vessels do not discharge untreated
sewage within the waters of the Alexander Archipelago, the navigable
waters of the United States in the State of Alaska, or within the
Kachemak Bay National Estuarine Research Reserve.
``(3) Prevent the unregulated discharge of treated sewage and
graywater while in ports in the State of Alaska or traveling near
the shore in the Alexander Archipelago and the navigable waters of
the United States in the State of Alaska or within the Kachemak Bay
National Estuarine Research Reserve.
``(4) Ensure that discharges of sewage and graywater from cruise
vessels operating in the Alexander Archipelago and the navigable
waters of the United States in the State of Alaska or within the
Kachemak Bay National Estuarine Research Reserve can be monitored
for compliance with the requirements contained in this title.
``SEC. 1402. APPLICABILITY.
``This title applies to all cruise vessels authorized to carry 500
or more passengers for hire.
``SEC. 1403. PROHIBITION ON DISCHARGE OF UNTREATED SEWAGE.
``No person shall discharge any untreated sewage from a cruise
vessel into the waters of the Alexander Archipelago or the navigable
waters of the United States within the State of Alaska or within the
Kachemak Bay National Estuarine Research Reserve.
``SEC. 1404. LIMITATIONS ON DISCHARGE OF TREATED SEWAGE OR GRAYWATER.
``(a) No person shall discharge any treated sewage or graywater from
a cruise vessel into the waters of the Alexander Archipelago or the
navigable waters of the United States within the State of Alaska or
within the Kachemak Bay National Estuarine Research Reserve unless-``(1) the cruise vessel is underway and proceeding at a speed of
not less than six knots;
``(2) the cruise vessel is not less than one nautical mile from
the nearest shore, except in areas designated by the Secretary, in
consultation with the State of Alaska;
``(3) the discharge complies with all applicable cruise vessel
effluent standards established pursuant to this title and any other
applicable law; and
``(4) the cruise vessel is not in an area where the discharge of
treated sewage or graywater is prohibited.
``(b) The Administrator, in consultation with the Secretary, may
promulgate regulations allowing the discharge of treated sewage or
graywater, otherwise prohibited under paragraphs (a)(1) and (a)(2) of
this section, where the discharge meets effluent standards determined by

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14499927346+0+0+... 02/11/2005

WAIS Document Retrieval

Page 5 of 11

the Administrator as appropriate for discharges into the marine
environment. In promulgating such regulations, the Administrator shall
take into account the best available scientific information on the
environmental effects of the regulated discharges. The effluent
discharge standards promulgated under this section shall, at a minimum,
be consistent with all relevant State of Alaska water quality standards
in force at the time of the enactment of this title [Dec. 21, 2000].
``(c) Until such time as the Administrator promulgates regulations
under paragraph (b) of this section, treated sewage and graywater may be
discharged from vessels subject to this title in circumstances otherwise
prohibited under paragraphs (a)(1) and (a)(2) of this section, provided
that-``(1) the discharge satisfies the minimum level of effluent
quality specified in 40 CFR 133.102, as in effect on the date of
enactment of this section [Dec. 21, 2000];
``(2) the geometric mean of the samples from the discharge
during any 30-day period does not exceed 20 fecal coliform/100 ml
and not more than 10 percent of the samples exceed 40 fecal
coliform/100 ml;
``(3) concentrations of total residual chlorine may not exceed
10.0 g/l; and
``(4) prior to any such discharge occurring, the owner, operator
or master, or other person in charge of a cruise vessel, can
demonstrate test results from at least five samples taken from the
vessel representative of the effluent to be discharged, on different
days over a 30-day period, conducted in accordance with the
guidelines promulgated by the Administrator in 40 CFR Part 136,
which confirm that the water quality of the effluents proposed for
discharge is in compliance with paragraphs (1), (2), and (3) of this
subsection. To the extent not otherwise being done by the owner,
operator, master or other person in charge of a cruise vessel
pursuant to section 1406, the owner, operator, master or other
person in charge of a cruise vessel shall demonstrate continued
compliance through periodic sampling. Such sampling and test results
shall be considered environmental compliance records that must be
made available for inspection pursuant to section 1406(d) of this
title.
``SEC. 1405. SAFETY EXCEPTION.
``Sections 1403 and 1404 of this title shall not apply to discharges
made for the purpose of securing the safety of the cruise vessel or
saving life at sea, provided that all reasonable precautions have been
taken for the purpose of preventing or minimizing the discharge.
``SEC. 1406. INSPECTION AND SAMPLING REGIME.
``(a) The Secretary shall incorporate into the commercial vessel
examination program an inspection regime sufficient to verify that
cruise vessels visiting ports in the State of Alaska or operating in the
waters of the Alexander Archipelago or the navigable waters of the
United States within the State of Alaska or within the Kachemak Bay
National Estuarine Research Reserve are in full compliance with this
title, the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.],
as amended, and any regulations issued thereunder, other applicable
Federal laws and regulations, and all applicable international treaty
requirements.
``(b) The inspection regime shall, at a minimum, include-``(1) examination of environmental compliance records and
procedures; and
``(2) inspection of the functionality and proper operation of
installed equipment for abatement and control of any discharge.
``(c) The inspection regime may-``(1) include unannounced inspections of any aspect of cruise
vessel operations, equipment or discharges pertinent to the
verification under subsection (a) of this section; and
``(2) require the owner, operator or master, or other person in
charge of a cruise vessel subject to this title to maintain and
produce a logbook detailing the times, types, volumes or flow rates

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14499927346+0+0+... 02/11/2005

WAIS Document Retrieval

Page 6 of 11

and locations of any discharges of sewage or graywater under this
title.
``(d) The inspection regime shall incorporate a plan for sampling
and testing cruise vessel discharges to ensure that any discharges of
sewage or graywater are in compliance with this title, the Federal Water
Pollution Control Act [33 U.S.C. 1251 et seq.], as amended, and any
other applicable laws and regulations, and may require the owner,
operator or master, or other person in charge of a cruise vessel subject
to this title to conduct such samples or tests, and to produce any
records of such sampling or testing at the request of the Secretary or
Administrator.
``SEC. 1407. CRUISE VESSEL EFFLUENT STANDARDS.
``Pursuant to this title and the authority of the Federal Water
Pollution Control Act [33 U.S.C. 1251 et seq.], as amended, the
Administrator may promulgate effluent standards for treated sewage and
graywater from cruise vessels operating in the waters of the Alexander
Archipelago or the navigable waters of the United States within the
State of Alaska or within the Kachemak Bay National Estuarine Research
Reserve. Regulations implementing such standards shall take into account
the best available scientific information on the environmental effects
of the regulated discharges and the availability of new technologies for
wastewater treatment. Until such time as the Administrator promulgates
such effluent standards, treated sewage effluent discharges shall not
have a fecal coliform bacterial count of greater than 200 per 100
milliliters nor suspended solids greater than 150 milligrams per liter.
``SEC. 1408. REPORTS.
``(a) Any owner, operator or master, or other person in charge of a
cruise vessel who has knowledge of a discharge from the cruise vessel in
violation of section 1403 or 1404 or pursuant to section 1405 of this
title, or any regulations promulgated thereunder, shall immediately
report that discharge to the Secretary, who shall provide a copy to the
Administrator upon request.
``(b) The Secretary may prescribe the form of reports required under
this section.
``SEC. 1409. ENFORCEMENT.
``(a) Administrative Penalties.-``(1) Violations.--Any person who violates section 1403, 1404,
1408, or 1413 of this title, or any regulations promulgated pursuant
to this title may be assessed a class I or class II civil penalty by
the Secretary or Administrator.
``(2) Classes of penalties.-``(A) Class i.--The amount of a class I civil penalty under
this section may not exceed $10,000 per violation, except that
the maximum amount of any class I civil penalty under this
section shall not exceed $25,000. Before assessing a civil
penalty under this clause, the Secretary or Administrator, as
the case may be, shall give to the person to be assessed such
penalty written notice of the Secretary's or Administrator's
proposal to assess the penalty and the opportunity to request,
within 30 days of the date the notice is received by such
person, a hearing on the proposed penalty. Such hearing shall
not be subject to section 554 or 556 of title 5, but shall
provide a reasonable opportunity to be heard and to present
evidence.
``(B) Class ii.--The amount of a class II civil penalty
under this section may not exceed $10,000 per day for each day
during which the violation continues, except that the maximum
amount of any class II civil penalty under this section shall
not exceed $125,000. Except as otherwise provided in this
subsection, a class II civil penalty shall be assessed and
collected in the same manner, and subject to the same provisions
as in the case of civil penalties assessed and collected after
notice and an opportunity for a hearing on the record in
accordance with section 554 of title 5, United States Code. The
Secretary and Administrator may issue rules for discovery

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14499927346+0+0+... 02/11/2005

WAIS Document Retrieval

Page 7 of 11

procedures for hearings under this paragraph.
``(3) Rights of interested persons.-``(A) Public notice.--Before issuing an order assessing a
class II civil penalty under this section, the Secretary or
Administrator, as the case may be, shall provide public notice
of and reasonable opportunity to comment on the proposed
issuance of each order.
``(B) Presentation of evidence.--Any person who comments on
a proposed assessment of a class II civil penalty under this
section shall be given notice of any hearing held under this
paragraph and of the order assessing such penalty. In any
hearing held under this paragraph, such person shall have a
reasonable opportunity to be heard and present evidence.
``(C) Rights of interested persons to a hearing.--If no
hearing is held under subsection (2) before issuance of an order
assessing a class II civil penalty under this section, any
person who commented on the proposed assessment may petition,
within 30 days after the issuance of such order, the
Administrator or Secretary, as the case may be, to set aside
such order and to provide a hearing on the penalty. If the
evidence presented by the petitioner in support of the petition
is material and was not considered in the issuance of the order,
the Administrator or Secretary shall immediately set aside such
order and provide a hearing in accordance with subsection
(2)(B). If the Administrator or Secretary denies a hearing under
this clause, the Administrator or Secretary shall provide to the
petitioner, and publish in the Federal Register, notice of and
the reasons for such denial.
``(4) Finality of order.--An order assessing a class II civil
penalty under this paragraph shall become final 30 days after its
issuance unless a petition for judicial review is filed under
subparagraph (6) or a hearing is requested under subsection (3)(C).
If such a hearing is denied, such order shall become final 30 days
after such denial.
``(5) Effect of action on compliance.--No action by the
Administrator or Secretary under this paragraph shall affect any
person's obligation to comply with any section of this title.
``(6) Judicial review.--Any person against whom a civil penalty
is assessed under this paragraph or who commented on the proposed
assessment of such penalty in accordance with subsection (3) may
obtain review of such assessment-``(A) in the case of assessment of a class I civil penalty,
in the United States District Court for the District of Columbia
or in the District of Alaska; or
``(B) in the case of assessment of a class II civil penalty,
in the United States Court of Appeals for the District of
Columbia Circuit or for any other circuit in which such person
resides or transacts business, by filing a notice of appeal in
such court within the 30-day period beginning on the date the
civil penalty order is issued and by simultaneously sending a
copy of such notice by certified mail to the Administrator or
Secretary, as the case may be, and the Attorney General. The
Administrator or Secretary shall promptly file in such court a
certified copy of the record on which the order was issued. Such
court shall not set aside or remand such order unless there is
not substantial evidence in the record, taken as a whole, to
support the finding of a violation or unless the Administrator's
or Secretary's assessment of the penalty constitutes an abuse of
discretion and shall not impose additional civil penalties for
the same violation unless the Administrator's or Secretary's
assessment of the penalty constitutes an abuse of discretion.
``(7) Collection.--If any person fails to pay an assessment of a
civil penalty-``(A) after the assessment has become final, or
``(B) after a court in an action brought under subsection

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14499927346+0+0+... 02/11/2005

WAIS Document Retrieval

Page 8 of 11

(6) has entered a final judgment in favor of the Administrator
or Secretary, as the case may be, the Administrator or Secretary
shall request the Attorney General to bring a civil action in an
appropriate district court to recover the amount assessed (plus
interest at currently prevailing rates from the date of the
final order or the date of the final judgment, as the case may
be). In such an action, the validity, amount, and
appropriateness of such penalty shall not be subject to review.
Any person who fails to pay on a timely basis the amount of an
assessment of a civil penalty as described in the first sentence
of this subparagraph shall be required to pay, in addition to
such amount and interest, attorneys fees and costs for
collection proceedings and a quarterly nonpayment penalty for
each quarter during which such failure to pay persists. Such
nonpayment penalty shall be in an amount equal to 20 percent of
the aggregate amount of such person's penalties and nonpayment
penalties which are unpaid as of the beginning of such quarter.
``(8) Subpoenas.--The Administrator or Secretary, as the case
may be, may issue subpoenas for the attendance and testimony of
witnesses and the production of relevant papers, books, or documents
in connection with hearings under this section. In case of contumacy
or refusal to obey a subpoena issued pursuant to this subsection and
served upon any person, the district court of the United States for
any district in which such person is found, resides, or transacts
business, upon application by the United States and after notice to
such person, shall have jurisdiction to issue an order requiring
such person to appear and give testimony before the Administrator or
Secretary or to appear and produce documents before the
Administrator or Secretary, or both, and any failure to obey such
order of the court may be punished by such court as a contempt
thereof.
``(b) Civil Penalties.-``(1) In general.--Any person who violates section 1403, 1404,
1408, or 1413 of this title, or any regulations promulgated pursuant
to this title shall be subject to a civil penalty not to exceed
$25,000 per day for each violation. Each day a violation continues
constitutes a separate violation.
``(2) Jurisdiction.--An action to impose a civil penalty under
this section may be brought in the district court of the United
States for the district in which the defendant is located, resides,
or transacts business, and such court shall have jurisdiction to
assess such penalty.
``(3) Limitation.--A person is not liable for a civil judicial
penalty under this paragraph for a violation if the person has been
assessed a civil administrative penalty under paragraph (a) for the
violation.
``(c) Determination of Amount.--In determining the amount of a civil
penalty under paragraphs (a) or (b) of this section, the court, the
Secretary or the Administrator, as the case may be, shall consider the
seriousness of the violation or violations, the economic benefit (if
any) resulting from the violation, any history of such violations, any
good-faith efforts to comply with the applicable requirements, the
economic impact of the penalty on the violator, and other such matters
as justice may require.
``(d) Criminal Penalties.-``(1) Negligent violations.--Any person who negligently violates
section 1403, 1404, 1408, or 1413 of this title, or any regulations
promulgated pursuant to this title commits a Class A misdemeanor.
``(2) Knowing violations.--Any person who knowingly violates
section 1403, 1404, 1408, or 1413 of this title, or any regulations
promulgated pursuant to this title commits a Class D felony.
``(3) False statements.--Any person who knowingly makes any
false statement, representation, or certification in any record,
report or other document filed or required to be maintained under
this title or the regulations issued thereunder, or who falsifies,

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14499927346+0+0+... 02/11/2005

WAIS Document Retrieval

Page 9 of 11

tampers with, or knowingly renders inaccurate any testing or
monitoring device or method required to be maintained under this
title, or the regulations issued thereunder, commits a Class D
felony.
``(e) Awards.-``(1) The Secretary, the Administrator, or the court, when
assessing any fines or civil penalties, as the case may be, may pay
from any fines or civil penalties collected under this section an
amount not to exceed one-half of the penalty or fine collected, to
any individual who furnishes information which leads to the payment
of the penalty or fine. If several individuals provide such
information, the amount shall be divided equitably among such
individuals. No officer or employee of the United States, the State
of Alaska or any federally recognized Tribe who furnishes
information or renders service in the performance of his or her
official duties shall be eligible for payment under this subsection.
``(2) The Secretary, Administrator or the court, when assessing
any fines or civil penalties, as the case may be, may pay, from any
fines or civil penalties collected under this section, to the State
of Alaska or to any federally recognized Tribe providing information
or investigative assistance which leads to payment of the penalty or
fine, an amount which reflects the level of information or
investigative assistance provided. Should the State of Alaska or a
federally recognized Tribe and an individual under paragraph (1) of
this section be eligible for an award, the Secretary, the
Administrator, or the court, as the case may be, shall divide the
amount equitably.
``(f) Liability in Rem.--A cruise vessel operated in violation of
this title or the regulations issued thereunder is liable in rem for any
fine imposed under subsection (d) of this section or for any civil
penalty imposed under subsections (a) or (b) of this section, and may be
proceeded against in the United States district court of any district in
which the cruise vessel may be found.
``(g) Compliance Orders.-``(1) In general.--Whenever on the basis of any information
available to him the Administrator finds that any person is in
violation of section 1403, 1404, 1408, or 1413 of this title, or any
regulations promulgated pursuant to this title, the Administrator
shall issue an order requiring such person to comply with such
section or requirement, or shall bring a civil action in accordance
with subsection (b).
``(2) Copies of orders, service.--A copy of any order issued
under this subsection shall be sent immediately by the Administrator
to the State of Alaska. In any case in which an order under this
subsection is issued to a corporation, a copy of such order shall be
served on any appropriate corporate officer. Any order issued under
this subsection shall be by personal service, shall state with
reasonable specificity the nature of the violation, and shall
specify a time for compliance not to exceed 30 days in the case of a
violation of an interim compliance schedule or operation and
maintenance requirement and not to exceed a time the Administrator
determines to be reasonable in the case of a violation of a final
deadline, taking into account the seriousness of the violation and
any good faith efforts to comply with applicable requirements.
``(h) Civil Actions.--The Administrator is authorized to commence a
civil action for appropriate relief, including a permanent or temporary
injunction, for any violation for which he is authorized to issue a
compliance order under this subsection. Any action under subsection (h)
may be brought in the district court of the United States for the
district in which the defendant is located or resides or is doing
business, and such court shall have jurisdiction to restrain such
violation and to require compliance. Notice of the commencement of such
action shall be given immediately to the State of Alaska.
``SEC. 1410. DESIGNATION OF CRUISE VESSEL NO-DISCHARGE ZONES.
``If the State of Alaska determines that the protection and

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14499927346+0+0+... 02/11/2005

WAIS Document Retrieval

Page 10 of 11

enhancement of the quality of some or all of the waters of the Alexander
Archipelago or the navigable waters of the United States within the
State of Alaska or within the Kachemak Bay National Estuarine Research
Reserve require greater environmental protection, the State of Alaska
may petition the Administrator to prohibit the discharge of graywater
and sewage from cruise vessels operating in such waters. The
establishment of such a prohibition shall be achieved in the same manner
as the petitioning process and prohibition of the discharge of sewage
pursuant to section 312(f) of the Federal Water Pollution Control Act
[33 U.S.C. 1322(f)], as amended, and the regulations promulgated
thereunder.
``SEC. 1411. SAVINGS CLAUSE.
``(a) Nothing in this title shall be construed as restricting,
affecting, or amending any other law or the authority of any department,
instrumentality, or agency of the United States.
``(b) Nothing in this title shall in any way affect or restrict, or
be construed to affect or restrict, the authority of the State of Alaska
or any political subdivision thereof-``(1) to impose additional liability or additional requirements;
or
``(2) to impose, or determine the amount of a fine or penalty
(whether criminal or civil in nature) for any violation of law;
relating to the discharge of sewage (whether treated or untreated)
or graywater in the waters of the Alexander Archipelago and the
navigable waters of the United States within the State of Alaska or
within the Kachemak Bay National Estuarine Research Reserve.
``SEC. 1412. REGULATIONS.
``The Secretary and the Administrator each may prescribe any
regulations necessary to carry out the provisions of this title.
``SEC. 1413. INFORMATION GATHERING AUTHORITY.
``The authority of sections 308(a) and (b) of the Federal Water
Pollution Control Act [33 U.S.C. 1318(a), (b)], as amended, shall be
available to the Administrator to carry out the provisions of this
title. The Administrator and the Secretary shall minimize, to the extent
practicable, duplication of or inconsistency with the inspection,
sampling, testing, recordkeeping, and reporting requirements established
by the Secretary under section 1406 of this title.
``SEC. 1414. DEFINITIONS.
``In this title:
``(1) Administrator.--The term `Administrator' means the
Administrator of the United States Environmental Protection Agency.
``(2) Cruise vessel.--The term `cruise vessel' means a passenger
vessel as defined in section 2101(22) of title 46, United States
Code. The term `cruise vessel' does not include a vessel of the
United States operated by the Federal Government or a vessel owned
and operated by the government of a State.
``(3) Discharge.--The term `discharge' means any release however
caused from a cruise vessel, and includes any escape, disposal,
spilling, leaking, pumping, emitting, or emptying.
``(4) Graywater.--The term `graywater' means only galley,
dishwasher, bath, and laundry waste water. The term does not include
other wastes or waste streams.
``(5) Navigable waters.--The term `navigable waters' has the
same meaning as in section 502 of the Federal Water Pollution
Control Act [33 U.S.C. 1362], as amended.
``(6) Person.--The term `person' means an individual,
corporation, partnership, limited liability company, association,
State, municipality, commission, or political subdivision of a
State, or any federally recognized tribe.
``(7) Secretary.--The term `Secretary' means the Secretary of
the department in which the United States Coast Guard is operating.
``(8) Sewage.--The term `sewage' means human body wastes and the
wastes from toilets and other receptacles intended to receive or
retain body waste.
``(9) Treated sewage.--The term `treated sewage' means sewage

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14499927346+0+0+... 02/11/2005

WAIS Document Retrieval

Page 11 of 11

meeting all applicable effluent limitation standards and processing
requirements of the Federal Water Pollution Control Act [33 U.S.C.
1251 et seq.], as amended[,] and of this title, and regulations
promulgated under either.
``(10) Untreated sewage.--The term `untreated sewage' means
sewage that is not treated sewage.
``(11) Waters of the Alexander Archipelago.--The term `waters of
the Alexander Archipelago' means all waters under the sovereignty of
the United States within or near Southeast Alaska, beginning at a
point 58 deg.11'41''N, 136 deg.39'25''W [near Cape Spencer Light],
thence southeasterly along a line three nautical miles seaward of
the baseline from which the breadth of the territorial sea is
measured in the Pacific Ocean and the Dixon Entrance, except where
this line intersects geodesics connecting the following five pairs
of points:
``(1) 58 deg.05'17''N, 136 deg.33'49''W and 58 deg.11'41''N,
136 deg.39'25''W [Cross Sound].
``(2) 56 deg.09'40''N, 134 deg.40'00''W and 55 deg.49'15''N,
134 deg.17'40''W [Chatham Strait].
``(3) 55 deg.49'15''N, 134 deg.17'40''W and 55 deg.50'30''N,
133 deg.54'15''W [Sumner Strait].
``(4) 54 deg.41'30''N, 132 deg.01'00''W and 54 deg.51'30''N,
131 deg.20'45''W [Clarence Strait].
``(5) 54 deg.51'30''N, 131 deg.20'45''W and 54 deg.46'15''N,
130 deg.52'00''W [Revillagigedo Channel].
``The portion of each such geodesic situated beyond three nautical
miles from the baseline from which the breadth of the territorial sea is
measured forms the outer limit of the waters of the Alexander
Archipelago in those five locations.''
Preemption; Additional State Requirements
Section 2003 of title II of Pub. L. 100-220 provided that:
``(a) Preemption.--Except as specifically provided in this title
[see Effective Date of 1987 Amendment note above], nothing in this title
shall be interpreted or construed to supersede or preempt any other
provision of Federal or State law, either statutory or common.
``(b) Additional State Requirements.--Nothing in this title shall be
construed or interpreted as preempting any State from imposing any
additional requirements.''

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14499927346+0+0+... 02/11/2005

WAIS Document Retrieval

Page 1 of 5

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 28, 2002]
[CITE: 33USC1902]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1902. Ships subject to preventive measures
(a) Included vessels
This chapter shall apply-(1) to a ship of United States registry or nationality, or one
operated under the authority of the United States, wherever located;
(2) with respect to Annexes I and II to the Convention, to a
ship, other than a ship referred to in paragraph (1), while in the
navigable waters of the United States;
(3) with respect to the requirements of Annex V to the
Convention, to a ship, other than a ship referred to in paragraph
(1), while in the navigable waters or the exclusive economic zone of
the United States; and
(4) with respect to regulations prescribed under section 1905 of
this title, any port or terminal in the United States.
(b) Excluded vessels
(1) Except as provided in paragraph (2), this chapter shall not
apply to-(A) a warship, naval auxiliary, or other ship owned or operated
by the United States when engaged in noncommercial service; or
(B) any other ship specifically excluded by the MARPOL Protocol
or the Antarctic Protocol.
(2)(A) Notwithstanding any provision of the MARPOL Protocol, and
subject to subparagraph (B) of this paragraph, the requirements of Annex
V to the Convention shall apply as follows:
(i) After December 31, 1993, to all ships referred to in
paragraph (1)(A) of this subsection other than those owned or
operated by the Department of the Navy.
(ii) Except as provided in subsection (c) of this section, after
December 31, 1998, to all ships referred to in paragraph (1)(A) of
this subsection other than submersibles owned or operated by the
Department of the Navy.
(iii) Except as provided in subsection (c) of this section,
after December 31, 2008, to all ships referred to in paragraph
(1)(A) of this subsection.
(B) This paragraph shall not apply during time of war or a declared
national emergency.
(c) Discharges in special areas
(1) Except as provided in paragraphs (2) and (3), not later than
December 31, 2000, all surface ships owned or operated by the Department
of the Navy, and not later than December 31, 2008, all submersibles
owned or operated by the Department of the Navy, shall comply with the
special area requirements of Regulation 5 of Annex V to the Convention.
(2)(A) Subject to subparagraph (B), any ship described in
subparagraph (C) may discharge, without regard to the special area

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14698915816+0+0+... 02/11/2005

WAIS Document Retrieval

Page 2 of 5

requirements of Regulation 5 of Annex V to the Convention, the following
non-plastic, non-floating garbage:
(i) A slurry of seawater, paper, cardboard, or food waste that
is capable of passing through a screen with openings no larger than
12 millimeters in diameter.
(ii) Metal and glass that have been shredded and bagged so as to
ensure negative buoyancy.
(iii) With regard to a submersible, nonplastic garbage that has
been compacted and weighted to ensure negative buoyancy.
(B)(i) Garbage described in subparagraph (A)(i) may not be
discharged within 3 nautical miles of land.
(ii) Garbage described in clauses (ii) and (iii) of subparagraph (A)
may not be discharged within 12 nautical miles of land.
(C) This paragraph applies to any ship that is owned or operated by
the Department of the Navy that, as determined by the Secretary of the
Navy-(i) has unique military design, construction, manning, or
operating requirements; and
(ii) cannot fully comply with the special area requirements of
Regulation 5 of Annex V to the Convention because compliance is not
technologically feasible or would impair the operations or
operational capability of the ship.
(3)(A) Not later than December 31, 2000, the Secretary of the Navy
shall prescribe and publish in the Federal Register standards to ensure
that each ship described in subparagraph (B) is, to the maximum extent
practicable without impairing the operations or operational capabilities
of the ship, operated in a manner that is consistent with the special
area requirements of Regulation 5 of Annex V to the Convention.
(B) Subparagraph (A) applies to surface ships that are owned or
operated by the Department of the Navy that the Secretary plans to
decommission during the period beginning on January 1, 2001, and ending
on December 31, 2005.
(C) At the same time that the Secretary publishes standards under
subparagraph (A), the Secretary shall publish in the Federal Register a
list of the ships covered by subparagraph (B).
(d) Regulations
The Secretary shall prescribe regulations applicable to the ships of
a country not a party to the MARPOL Protocol, including regulations
conforming to and giving effect to the requirements of Annex V as they
apply under subsection (a) of this section, to ensure that their
treatment is not more favorable than that accorded ships to parties to
the MARPOL Protocol.
(e) Compliance by excluded vessels
(1) The Secretary of the Navy shall develop and, as appropriate,
support the development of technologies and practices for solid waste
management aboard ships owned or operated by the Department of the Navy,
including technologies and practices for the reduction of the waste
stream generated aboard such ships, that are necessary to ensure the
compliance of such ships with Annex V to the Convention on or before the
dates referred to in subsections (b)(2)(A) and (c)(1) of this section.
(2) Notwithstanding any effective date of the application of this
section to a ship, the provisions of Annex V to the Convention with
respect to the disposal of plastic shall apply to ships equipped with
plastic processors required for the long-term collection and storage of
plastic aboard ships of the Navy upon the installation of such
processors in such ships.
(3) Except when necessary for the purpose of securing the safety of
the ship, the health of the ship's personnel, or saving life at sea, it
shall be a violation of this chapter for a ship referred to in

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14698915816+0+0+... 02/11/2005

WAIS Document Retrieval

Page 3 of 5

subsection (b)(1)(A) of this section that is owned or operated by the
Department of the Navy:
(A) With regard to a submersible, to discharge buoyant garbage
or plastic.
(B) With regard to a surface ship, to discharge plastic
contaminated by food during the last 3 days before the ship enters
port.
(C) With regard to a surface ship, to discharge plastic, except
plastic that is contaminated by food, during the last 20 days before
the ship enters port.
(4) The Secretary of Defense shall publish in the Federal Register:
(A) Each year, the amount and nature of the discharges in
special areas, not otherwise authorized under this chapter, during
the preceding year from ships referred to in subsection (b)(1)(A) of
this section owned or operated by the Department of the Navy.
(B) Beginning on October 1, 1996, and each year thereafter until
October 1, 1998, a list of the names of such ships equipped with
plastic processors pursuant to section 1003(e) of the National
Defense Authorization Act for Fiscal Year 1994.
(f) Waiver authority
The President may waive the effective dates of the requirements set
forth in subsection (c) of this section and in subsection 1003(e) of the
National Defense Authorization Act for Fiscal Year 1994 if the President
determines it to be in the paramount interest of the United States to do
so. Any such waiver shall be for a period not in excess of one year. The
President shall submit to the Congress each January a report on all
waivers from the requirements of this section granted during the
preceding calendar year, together with the reasons for granting such
waivers.
(g) Noncommercial shipping standards
The heads of Federal departments and agencies shall prescribe
standards applicable to ships excluded from this chapter by subsection
(b)(1) of this section and for which they are responsible. Standards
prescribed under this subsection shall ensure, so far as is reasonable
and practicable without impairing the operations or operational
capabilities of such ships, that such ships act in a manner consistent
with the MARPOL Protocol.
(Pub. L. 96-478, Sec. 3, Oct. 21, 1980, 94 Stat. 2297; Pub. L. 100-220,
title II, Sec. 2102, Dec. 29, 1987, 101 Stat. 1461; Pub. L. 103-160,
div. A, title X, Sec. 1003(a)-(d), Nov. 30, 1993, 107 Stat. 1745-1747;
Pub. L. 104-201, div. A, title III, Sec. 324(a), (d), Sept. 23, 1996,
110 Stat. 2480, 2481; Pub. L. 104-227, title II, Sec. 201(b), Oct. 2,
1996, 110 Stat. 3042; Pub. L. 105-261, div. A, title III, Sec. 326, Oct.
17, 1998, 112 Stat. 1965.)
References in Text
Section 1003(e) of the National Defense Authorization Act for Fiscal
Year 1994, referred to in subsecs. (e)(4)(B) and (f), is section 1003(e)
of Pub. L. 103-160, which is set out below.
Amendments
1998--Subsec. (c)(2)(A)(iii). Pub. L. 105-261, Sec. 326(a)(1), added
cl. (iii).
Subsec. (c)(2)(B)(ii). Pub. L. 105-261, Sec. 326(a)(2), substituted
``clauses (ii) and (iii) of subparagraph (A)'' for ``subparagraph
(A)(ii)''.

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14698915816+0+0+... 02/11/2005

WAIS Document Retrieval

Page 4 of 5

Subsec. (e)(3)(A). Pub. L. 105-261, Sec. 326(b), struck out
``garbage that contains more than the minimum amount practicable of''
after ``buoyant garbage or''.
1996--Subsec. (b)(1)(B). Pub. L. 104-227 inserted ``or the Antarctic
Protocol'' after ``MARPOL Protocol''.
Subsec. (c)(1). Pub. L. 104-201, Sec. 324(a)(1), substituted
``Except as provided in paragraphs (2) and (3), not later than'' for
``Not later than''.
Subsec. (c)(2) to (4). Pub. L. 104-201, Sec. 324(a)(2), added pars.
(2) and (3) and struck out former pars. (2) to (4) which required the
Secretary of the Navy to submit to Congress a plan for compliance of
Navy ships with the requirements set forth in par. (1) of this subsec.
and provided for modification of the applicability of par. (1) as
appropriate.
Subsec. (e)(4)(A). Pub. L. 104-201, Sec. 324(d), amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: ``Beginning
on October 1, 1994, and each year thereafter until October 1, 2000, the
amount and nature of the discharges in special areas, not otherwise
authorized under Annex V to the Convention, during the preceding year
from ships referred to in subsection (b)(1)(A) of this section owned or
operated by the Department of the Navy.''
1993--Subsec. (b)(2)(A). Pub. L. 103-160, Sec. 1003(a), substituted
``as follows:'' and cls. (i) to (iii) for ``after 5 years after the
effective date of this paragraph to a ship referred to in paragraph
(1)(A).''
Subsecs. (c), (d). Pub. L. 103-160, Sec. 1003(b), added subsec. (c)
and redesignated former subsec. (c) as (d). Former subsec. (d)
redesignated (g).
Subsecs. (e), (f). Pub. L. 103-160, Sec. 1003(c), (d), added
subsecs. (e) and (f).
Subsec. (g). Pub. L. 103-160, Sec. 1003(b)(1), redesignated subsec.
(d) as (g).
1987--Subsec. (a). Pub. L. 100-220, Sec. 2102(a), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: ``This
chapter applies to-``(1) a ship of United States registry or nationality, or one
operated under the authority of the United States, wherever located;
``(2) a ship registered in or of the nationality of a country
party to the MARPOL Protocol, or one operated under the authority of
a country party to the MARPOL Protocol, while in the navigable
waters of the United States; and
``(3) a ship registered in or of the nationality of a country
not a party to the MARPOL Protocol, under subsection (c) of this
section, while in the navigable waters of the United States.''
Subsec. (b). Pub. L. 100-220, Sec. 2102(b), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``This
chapter does not apply to-``(1) a warship, naval auxiliary, or other ship owned or
operated by the United States when engaged in noncommercial service;
or
``(2) any other ship specifically excluded by the MARPOL
Protocol.''
Subsec. (c). Pub. L. 100-220, Sec. 2102(c), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``The
Secretary shall prescribe regulations applicable to the ships of a
country not a party to the MARPOL Protocol to ensure that their
treatment is not more favorable than that accorded ships of parties to
the MARPOL Protocol.''
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,

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14698915816+0+0+... 02/11/2005

WAIS Document Retrieval

Page 5 of 5

see section 2002(a) of Pub. L. 100-220, set out as a note under section
1901 of this title.
Effective Date
Subsecs. (c) and (d) of this section effective Oct. 21, 1980, see
section 14(b) of Pub. L. 96-478, set out as a note under section 1901 of
this title.
Installation Schedule for Plastics Processor Equipment Aboard Ships;
Request for Proposals for Equipment
Section 1003(e) of Pub. L. 103-160 provided that:
``(1) Not later than October 1, 1994, the Secretary of the Navy
shall release a request for proposals for equipment (hereinafter in this
subsection referred to as `plastics processor') required for the longterm collection and storage of plastic aboard ships owned or operated by
the Navy.
``(2) Not later than July 1, 1996, the Secretary shall install the
first production unit of the plastics processor on board a ship owned or
operated by the Navy.
``(3) Not later than March 1, 1997, the Secretary shall complete the
installation of plastics processors on board not less than 25 percent of
the ships owned or operated by the Navy that require plastics processors
to comply with section 3 of the Act to Prevent Pollution from Ships [33
U.S.C. 1902], as amended by subsections (a), (b), and (c) of this
section.
``(4) Not later than July 1, 1997, the Secretary shall complete the
installation of plastics processors on board not less than 50 percent of
the ships owned or operated by the Navy that require processors to
comply with section 3 of such Act, as amended by subsections (a), (b),
and (c) of this section.
``(5) Not later than July 1, 1998, the Secretary shall complete the
installation of plastics processors on board not less than 75 percent of
the ships owned or operated by the Navy that require processors to
comply with section 3 of such Act, as amended by subsections (a), (b),
and (c) of this section.
``(6) Not later than December 31, 1998, the Secretary shall complete
the installation of plastics processors on board all ships owned or
operated by the Navy that require processors to comply with section 3 of
such Act, as amended by subsections (a), (b), and (c) of this section.''
Section Referred to in Other Sections
This section is referred to in sections 1903, 1907, 1913 of this
title.

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14698915816+0+0+... 02/11/2005

WAIS Document Retrieval

Page 1 of 2

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC1903]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1903. Administration and enforcement
(a) Duty of Secretary; Annexes of Convention applicable to seagoing
vessels
Unless otherwise specified in this chapter, the Secretary shall
administer and enforce the MARPOL Protocol, Annex IV to the Antarctic
Protocol, and this chapter. In the administration and enforcement of the
MARPOL Protocol and this chapter, Annexes I and II of the Convention
apply only to seagoing ships.
(b) Regulations; refuse record books; waste management plans;
notification of crew and passengers
(1) The Secretary shall prescribe any necessary or desired
regulations to carry out the provisions of the MARPOL Protocol, Annex IV
to the Antarctic Protocol, or this chapter.
(2) The Secretary of the department in which the Coast Guard is
operating shall-(A) prescribe regulations which-(i) require certain ships described in section 1902(a)(1) of
this title to maintain refuse record books and shipboard
management plans, and to display placards which notify the crew
and passengers of the requirements of Annex V to the Convention
and of Annex IV to the Antarctic Protocol; and
(ii) specify the ships described in section 1902(a)(1) of
this title to which the regulations apply;
(B) seek an international agreement or international agreements
which apply requirements equivalent to those described in
subparagraph (A)(i) to all vessels subject to Annex V to the
Convention; and
(C) within 2 years after the effective date of this paragraph,
report to the Congress-(i) regarding activities of the Secretary under subparagraph
(B); and
(ii) if the Secretary has not obtained agreements pursuant
to subparagraph (B) regarding the desirability of applying the
requirements described in subparagraph (A)(i) to all vessels
described in section 1902(a) of this title which call at United
States ports.
(c) Utilization of personnel, facilities, or equipment of other Federal
departments and agencies
The Secretary may utilize by agreement, with or without
reimbursement, personnel, facilities, or equipment of other Federal
departments and agencies in administering the MARPOL Protocol, this
chapter, or the regulations thereunder.
(Pub. L. 96-478, Sec. 4, Oct. 21, 1980, 94 Stat. 2298; Pub. L. 100-220,
title II, Sec. 2107, Dec. 29, 1987, 101 Stat. 1464; Pub. L. 104-227,

http://frwebgate5.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=144758116817+0+0... 02/11/2005

WAIS Document Retrieval

Page 2 of 2

title II, Sec. 201(c), Oct. 2, 1996, 110 Stat. 3042.)
References in Text
The effective date of this paragraph, referred to in subsec.
(b)(2)(C), is Dec. 31, 1988, the effective date of section 2107(b) of
Pub. L. 100-220 which added par. (2) to subsec. (b). See Effective Date
of 1987 Amendment note below.
Amendments
1996--Subsec. (a). Pub. L. 104-227, Sec. 201(c)(1), inserted ``,
Annex IV to the Antarctic Protocol,'' after ``the MARPOL Protocol'' in
first sentence.
Subsec. (b)(1). Pub. L. 104-227, Sec. 201(c)(2), inserted ``, Annex
IV to the Antarctic Protocol,'' after ``the MARPOL Protocol''.
Subsec. (b)(2)(A). Pub. L. 104-227, Sec. 201(c)(3), (4), struck out
``within 1 year after the effective date of this paragraph,'' before
``prescribe'' in introductory provisions and inserted ``and of Annex IV
to the Antarctic Protocol'' after ``the Convention'' in cl. (i).
1987--Subsec. (a). Pub. L. 100-220, Sec. 2107(a), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: ``Unless
otherwise specified herein, the Secretary shall administer and enforce
the MARPOL Protocol and this chapter. In the administration and
enforcement of the MARPOL Protocol and this chapter, Annexes I and II of
the MARPOL Protocol shall be applicable only to seagoing ships.''
Subsec. (b). Pub. L. 100-220, Sec. 2107(b), designated existing
provisions as par. (1) and added par. (2).
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.
Effective Date
Subsec. (b) of this section effective Oct. 21, 1980, see section
14(b) of Pub. L. 96-478, set out as a note under section 1901 of this
title.

http://frwebgate5.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=144758116817+0+0... 02/11/2005

WAIS Document Retrieval

Page 1 of 2

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 28, 2002]
[CITE: 33USC1904]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1904. Certificates
(a) Issuance by authorized designees; restriction on issuance
The Secretary shall designate those persons authorized to issue on
behalf of the United States the certificates required by the MARPOL
Protocol. A certificate required by the MARPOL Protocol shall not be
issued to a ship which is registered in or of the nationality of a
country which is not a party to the MARPOL Protocol.
(b) Validity of foreign certificates
A certificate issued by a country which is a party to the MARPOL
Protocol has the same validity as a certificate issued by the Secretary
under the authority of the MARPOL Protocol.
(c) Location onboard vessel; inspection of vessels subject to
jurisdiction of the United States
A ship required by the MARPOL Protocol to have a certificate-(1) shall carry a valid certificate onboard in the manner
prescribed by the authority issuing the certificate; and
(2) is subject to inspection while in a port or terminal under
the jurisdiction of the United States.
(d) Onboard inspections; other Federal inspection authority unaffected
An inspection conducted under subsection (c)(2) of this section is
limited to verifying whether or not a valid certificate is onboard,
unless clear grounds exist which reasonably indicate that the condition
of the ship or its equipment does not substantially agree with the
particulars of its certificate. This section shall not limit the
authority of any official or employee of the United States under any
other treaty, law, or regulation to board and inspect a ship or its
equipment.
(e) Detention orders; duration of detention; shipyard option
In addition to the penalties prescribed in section 1908 of this
title, a ship required by the MARPOL Protocol to have a certificate-(1) which does not have a valid certificate onboard; or
(2) whose condition or whose equipment's condition does not
substantially agree with the particulars of the certificate onboard;
shall be detained by order of the Secretary at the port or terminal
where the violation is discovered until, in the opinion of the
Secretary, the ship can proceed to sea without presenting an
unreasonable threat of harm to the marine environment. The detention
order may authorize the ship to proceed to the nearest appropriate
available shipyard rather than remaining at the place where the
violation was discovered.

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14511021104+0+0+... 02/11/2005

WAIS Document Retrieval

Page 2 of 2

(f) Ship clearance or permits; refusal or revocation
If a ship is under a detention order under this section, the
Secretary of the Treasury, upon the request of the Secretary, may refuse
or revoke-(1) the clearance required by section 91 of title 46, Appendix;
or
(2) a permit to proceed under section 313 \1\ of title 46,
Appendix, or section 1443 \2\ of title 19.
--------------------------------------------------------------------------\1\ See References in Text note below.
\2\ See Codification note below.
--------------------------------------------------------------------------(g) Review of detention orders; petition; determination by Secretary
A person whose ship is subject to a detention order under this
section may petition the Secretary, in the manner prescribed by
regulation, to review the detention order. Upon receipt of a petition
under this subsection, the Secretary shall affirm, modify, or withdraw
the detention order within the time prescribed by regulation.
(h) Compensation for loss or damage
A ship unreasonably detained or delayed by the Secretary acting
under the authority of this chapter is entitled to compensation for any
loss or damage suffered thereby.
(Pub. L. 96-478, Sec. 5, Oct. 21, 1980, 94 Stat. 2298.)
References in Text
Section 313 of title 46, Appendix, referred to in subsec. (f)(2),
was repealed by Pub. L. 103-182, title VI, Sec. 690(a)(21), Dec. 8,
1993, 107 Stat. 2223.
Codification
Section 1443 of title 19, referred to in subsec. (f)(2), was in the
original section 442 of the Tariff Act of 1930, as amended (19 U.S.C.
1443). Although section 442 of the Tariff Act of 1930, June 17, 1930,
ch. 497, title IV, 46 Stat. 713, is classified to section 1442 of Title
19, Customs Duties, the reference was translated as meaning section 443
of the Tariff Act of 1930, which was classified to section 1443 of title
19 prior to repeal by Pub. L. 103-182, title VI, Sec. 690(b)(6), Dec. 8,
1993, 107 Stat. 2223.
Effective Date
Subsec. (a) of this section effective Oct. 21, 1980, see section
14(b) of Pub. L. 96-478, set out as a note under section 1901 of this
title.

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14511021104+0+0+... 02/11/2005

WAIS Document Retrieval

Page 1 of 4

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 28, 2002]
[CITE: 33USC1905]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1905. Pollution reception facilities
(a) Adequacy; criteria
(1) The Secretary, after consultation with the Administrator of the
Environmental Protection Agency, shall establish regulations setting
criteria for determining the adequacy of a port's or terminal's
reception facilities for mixtures containing oil or noxious liquid
substances and shall establish procedures whereby a person in charge of
a port or terminal may request the Secretary to certify that the port's
or terminal's facilities for receiving the residues and mixtures
containing oil or noxious liquid substance from seagoing ships are
adequate.
(2) The Secretary, after consulting with appropriate Federal
agencies, shall establish regulations setting criteria for determining
the adequacy of reception facilities for garbage at a port or terminal,
and stating such additional measures and requirements as are appropriate
to ensure such adequacy. Persons in charge of ports and terminals shall
provide reception facilities, or ensure that such facilities are
available, for receiving garbage in accordance with those regulations.
(b) Traffic considerations
In determining the adequacy of reception facilities required by the
MARPOL Protocol or the Antarctic Protocol at a port or terminal, and in
establishing regulations under subsection (a) of this section, the
Secretary may consider, among other things, the number and types of
ships or seagoing ships using the port or terminal, including their
principal trades.
(c) Certificate; issuance; validity; inspection; review of suspension or
revocation by Secretary
(1) If reception facilities of a port or terminal meet the
requirements of Annex I and Annex II to the Convention and the
regulations prescribed under subsection (a)(1) of this section, the
Secretary shall, after consultation with the Administrator of the
Environmental Protection Agency, issue a certificate to that effect to
the applicant.
(2)(A) Subject to subparagraph (B), if reception facilities of a
port or terminal meet the requirements of Annex V to the Convention and
the regulations prescribed under subsection (a)(2) of this section, the
Secretary may, after consultation with appropriate Federal agencies,
issue a certificate to that effect to the person in charge of the port
or terminal.
(B) The Secretary may not issue a certificate attesting to the
adequacy of reception facilities under this paragraph unless, prior to
the issuance of the certificate, the Secretary conducts an inspection of
the reception facilities of the port or terminal that is the subject of
the certificate.
(C) The Secretary may, with respect to certificates issued under
this paragraph prior to October 19, 1996, prescribe by regulation

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14513827646+0+0+... 02/11/2005

WAIS Document Retrieval

Page 2 of 4

differing periods of validity for such certificates.
(3) A certificate issued under this subsection-(A) is valid for the 5-year period beginning on the date of
issuance of the certificate, except that if-(i) the charge for operation of the port or terminal is
transferred to a person or entity other than the person or
entity that is the operator on the date of issuance of the
certificate-(I) the certificate shall expire on the date that is 30
days after the date of the transfer; and
(II) the new operator shall be required to submit an
application for a certificate before a certificate may be
issued for the port or terminal; or
(ii) the certificate is suspended or revoked by the
Secretary, the certificate shall cease to be valid; and
(B) shall be available for inspection upon the request of the
master, other person in charge, or agent of a ship using or
intending to use the port or terminal.
(4) The suspension or revocation of a certificate issued under this
subsection may be appealed to the Secretary and acted on by the
Secretary in the manner prescribed by regulation.
(d) Publication of list of certificated ports or terminals
(1) The Secretary shall maintain a list of ports or terminals with
respect to which a certificate issued under this section-(A) is in effect; or
(B) has been revoked or suspended.
(2) The Secretary shall make the list referred to in paragraph (1)
available to the general public.
(e) Entry; denial
(1) Except in the case of force majeure, the Secretary shall deny
entry to a seagoing ship required by the Convention or the Antarctic
Protocol to retain onboard while at sea, residues and mixtures
containing oil or noxious liquid substances, if-(A) the port or terminal is one required by Annexes I and II of
the Convention or Article 9 of Annex IV to the Antarctic Protocol or
regulations hereunder to have adequate reception facilities; and
(B) the port or terminal does not hold a valid certificate
issued by the Secretary under this section.
(2) The Secretary may deny the entry of a ship to a port or terminal
required by regulations issued under this section to provide adequate
reception facilities for garbage if the port or terminal is not in
compliance with those regulations.
(f) Surveys
(1) The Secretary is authorized to conduct surveys of existing
reception facilities in the United States to determine measures needed
to comply with the MARPOL Protocol or the Antarctic Protocol.
(2)(A) \1\ Not later than 18 months after October 19, 1996, the
Secretary shall promulgate regulations that require the operator of each
port or terminal that is subject to any requirement of the MARPOL
Protocol relating to reception facilities to post a placard in a
location that can easily be seen by port and terminal users. The placard
shall state, at a minimum, that a user of a reception facility of the
port or terminal should report to the Secretary any inadequacy of the
reception facility.

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14513827646+0+0+... 02/11/2005

WAIS Document Retrieval

Page 3 of 4

--------------------------------------------------------------------------\1\ So in original. No subpar. (B) has been enacted.
--------------------------------------------------------------------------(Pub.
title
title
title
title

L. 96-478, Sec. 6, Oct. 21, 1980, 94 Stat. 2299; Pub. L. 100-220,
II, Sec. 2103, Dec. 29, 1987, 101 Stat. 1461; Pub. L. 101-225,
II, Sec. 201(1), Dec. 12, 1989, 103 Stat. 1910; Pub. L. 104-227,
II, Sec. 201(d), Oct. 2, 1996, 110 Stat. 3042; Pub. L. 104-324,
VIII, Sec. 801, Oct. 19, 1996, 110 Stat. 3943.)
Amendments

1996--Subsec. (b). Pub. L. 104-227, Sec. 201(d)(1), inserted ``or
the Antarctic Protocol'' after ``the MARPOL Protocol''.
Subsec. (c)(2). Pub. L. 104-324, Sec. 801(a)(1), (2), designated
existing provisions as subpar. (A), substituted ``Subject to
subparagraph (B), if'' for ``If'', and added subpars. (B) and (C).
Subsec. (c)(3)(A). Pub. L. 104-324, Sec. 801(a)(3), added subpar.
(A) and struck out former subpar. (A) which read as follows: ``is valid
until suspended or revoked by the Secretary for cause or because of
changed conditions; and''.
Subsec. (d). Pub. L. 104-324, Sec. 801(a)(4), added subsec. (d) and
struck out former subsec. (d) which read as follows: ``The Secretary
shall periodically cause to be published in the Federal Register a list
of the ports or terminals holding a valid certificate issued under this
section.''
Subsec. (e)(1). Pub. L. 104-227, Sec. 201(d)(2), (3), inserted ``or
the Antarctic Protocol'' after ``the Convention'' in introductory
provisions and inserted ``or Article 9 of Annex IV to the Antarctic
Protocol'' after ``the Convention'' in subpar. (A).
Subsec. (f). Pub. L. 104-324, Sec. 801(b), designated existing
provisions as par. (1) and added par. (2)(A).
Pub. L. 104-227, Sec. 201(d)(4), inserted ``or the Antarctic
Protocol'' after ``the MARPOL Protocol''.
1989--Subsec. (c)(1). Pub. L. 101-225 substituted ``Annex I and
Annex II'' for ``Annex V''.
1987--Subsec. (a). Pub. L. 100-220, Sec. 2103(a), designated
existing provisions as par. (1), substituted ``a port's or terminal's
reception facilities for mixtures containing oil or noxious liquid
substances'' for ``reception facilities of a port or terminal'', and
added par. (2).
Subsec. (b). Pub. L. 100-220, Sec. 2103(b), inserted ``and in
establishing regulations under subsection (a) of this section,'' and
``ships or''.
Subsec. (c). Pub. L. 100-220, Sec. 2103(c), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``If, upon
inspection, reception facilities of a port or terminal are adequate to
meet the requirements of the MARPOL Protocol and the regulations
established hereunder, the Secretary shall, after consultation with the
Administrator of the Environmental Protection Agency, issue a
certificate to that effect to the applicant. A certificate issued under
this subsection-``(1) is valid until suspended or revoked by the Secretary for
cause or because of changed conditions; and
``(2) shall be available for inspection upon the request of the
master, other person in charge, or agent of a seagoing ship using or
intending to use the port or terminal.
The suspension or revocation of a certificate issued under this
subsection may be appealed to the Secretary and acted on by him in the
manner prescribed by regulation.''
Subsec. (e). Pub. L. 100-220, Sec. 2103(d), designated existing
provisions as par. (1), redesignated former pars. (1) and (2) as
subpars. (A) and (B), respectively, in subpar. (A), substituted
``Annexes I and II of the Convention'' for ``the MARPOL Protocol'', and

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14513827646+0+0+... 02/11/2005

WAIS Document Retrieval

Page 4 of 4

added par. (2).
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.
Effective Date
Subsecs. (a), (c), and (f) of this section effective Oct. 21, 1980,
see section 14(b) of Pub. L. 96-478, set out as a note under section
1901 of this title.
Section Referred to in Other Sections
This section is referred to in section 1902 of this title.

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14513827646+0+0+... 02/11/2005

WAIS Document Retrieval

Page 1 of 1

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 28, 2002]
[CITE: 33USC1906]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1906. Incidents involving ships
(a) Requirement to report incident
The master, person in charge, owner, charterer, manager, or operator
of a ship involved in an incident shall report the incident in the
manner prescribed by Article 8 of the Convention in accordance with
regulations promulgated by the Secretary for that purpose.
(b) Requirement to report discharge, probable discharge, or presence of
oil
The master or person in charge of-(1) a ship of United States registry or nationality, or operated
under the authority of the United States, wherever located;
(2) another ship while in the navigable waters of the United
States; or
(3) a sea port or oil handling facility subject to the
jurisdiction of the United States,
shall report a discharge, probable discharge, or presence of oil in the
manner prescribed by Article 4 of the International Convention on Oil
Pollution Preparedness, Response and Cooperation, 1990 (adopted at
London, November 30, 1990), in accordance with regulations promulgated
by the Secretary for that purpose.
(Pub. L. 96-478, Sec. 7, Oct. 21, 1980, 94 Stat. 2300; Pub. L. 102-241,
Sec. 39, Dec. 19, 1991, 105 Stat. 2225.)
Amendments
1991--Pub. L. 102-241 amended section generally. Prior to amendment,
section read as follows:
``(a) As soon as he has knowledge of an incident, the master or
other person in charge of a ship shall report it to the Secretary in the
manner prescribed by Article 8 of the Convention.
``(b) Upon receipt of the report of an incident involving a ship,
other than one of United States registry or nationality or one operated
under the authority of the United States, the Secretary shall take the
action required by Article 8 of the Convention.''

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14710315060+0+0+... 02/11/2005

WAIS Document Retrieval

Page 1 of 3

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[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.

http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=144974329445+0+0... 02/11/2005

WAIS Document Retrieval

Page 2 of 3

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. 104227, 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 ``,

http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=144974329445+0+0... 02/11/2005

WAIS Document Retrieval

Page 3 of 3

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.

http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=144974329445+0+0... 02/11/2005

WAIS Document Retrieval

Page 1 of 3

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[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.
--------------------------------------------------------------------------\1\ So in original.
--------------------------------------------------------------------------(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

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14522420740+0+0+... 02/11/2005

WAIS Document Retrieval

Page 2 of 3

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

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14522420740+0+0+... 02/11/2005

WAIS Document Retrieval

Page 3 of 3

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.

http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14522420740+0+0+... 02/11/2005

WAIS Document Retrieval

Page 1 of 2

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 28, 2002]
[CITE: 33USC1909]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1909. MARPOL Protocol; proposed amendments
(a) Acceptance of certain amendments by the President
A proposed amendment to the MARPOL Protocol received by the United
States from the Secretary-General of the International Maritime
Organization pursuant to Article VI of the MARPOL Protocol, may be
accepted on behalf of the United States by the President following the
advice and consent of the Senate, except as provided for in subsection
(b) of this section.
(b) Action on certain amendments by the Secretary of State
A proposed amendment to Annex I, II, or V to the Convention,
appendices to those Annexes, or Protocol I of the Convention received by
the United States from the Secretary-General of the International
Maritime Organization pursuant to Article VI of the MARPOL Protocol, may
be the subject of appropriate action on behalf of the United States by
the Secretary of State following consultation with the Secretary, who
shall inform the Secretary of State as to what action he considers
appropriate at least 30 days prior to the expiration of the period
specified in Article VI of the MARPOL Protocol during which objection
may be made to any amendment received.
(c) Declaration of nonacceptance by the Secretary of State
Following consultation with the Secretary, the Secretary of State
may make a declaration that the United States does not accept an
amendment proposed pursuant to Article VI of the MARPOL Protocol.
(Pub. L. 96-478, Sec. 10, Oct. 21, 1980, 94 Stat. 2302; Pub. L. 100-220,
title II, Sec. 2106, Dec. 29, 1987, 101 Stat. 1463.)
Amendments
1987--Subsec. (a). Pub. L. 100-220, Sec. 2106(1), substituted
``International Maritime Organization'' for ``Inter-Governmental
Maritime Consultative Organization''.
Subsec. (b). Pub. L. 100-220, Sec. 2106(2), substituted ``Annex I,
II, or V to the Convention, appendices to those Annexes, or Protocol I
of the Convention'' for ``Annex I or II, appendices to the Annexes, or
Protocol I of the MARPOL Protocol,'' and ``International Maritime
Organization'' for ``Inter-Governmental Maritime Consultative
Organization''.
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,

http://frwebgate6.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14426562961+0+0+... 02/11/2005

WAIS Document Retrieval

Page 2 of 2

see section 2002(a) of Pub. L. 100-220, set out as a note under section
1901 of this title.

http://frwebgate6.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14426562961+0+0+... 02/11/2005

WAIS Document Retrieval

Page 1 of 2

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 28, 2002]
[CITE: 33USC1910]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1910. Legal actions
(a) Persons with adversely affected interests as plaintiffs; defendants
Except as provided in subsection (b) of this section, any person
having an interest which is, or can be, adversely affected, may bring an
action on his own behalf-(1) against any person alleged to be in violation of the
provisions of this chapter, or regulations issued hereunder;
(2) against the Secretary where there is alleged a failure of
the Secretary to perform any act or duty under this chapter which is
not discretionary with the Secretary;
(3) against the Secretary of the Treasury where there is alleged
a failure of the Secretary of the Treasury to take action under
section 1908(e) of this title.
(b) Commencement conditions
No action may be commenced under subsection (a) of this section-(1) prior to 60 days after the plaintiff has given notice, in
writing and under oath, to the alleged violator, the Secretary
concerned, and the Attorney General; or
(2) if the Secretary has commenced enforcement or penalty action
with respect to the alleged violation and is conducting such
procedures diligently.
(c) Venue
Any suit brought under this section shall be brought-(1) in a case concerning an onshore facility or port, in the
United States district court for the judicial district where the
onshore facility or port is located;
(2) in a case concerning an offshore facility or offshore
structure under the jurisdiction of the United States, in the United
States district court for the judicial district nearest the offshore
facility or offshore structure;
(3) in a case concerning a ship, in the United States district
court for any judicial district wherein the ship or its owner or
operator may be found; or
(4) in any case, in the District Court for the District of
Columbia.
(d) Costs; attorney fees; witness fees
The court, in issuing any final order in any action brought pursuant
to this section, may award costs of litigation (including reasonable
attorney and expert witness fees) to any party including the Federal
Government.
(e) Federal intervention
In any action brought under this section, if the Secretary or

http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=145143333199+0+0... 02/11/2005

WAIS Document Retrieval

Page 2 of 2

Attorney General are not parties of record, the United States, through
the Attorney General, shall have the right to intervene.
(Pub. L. 96-478, Sec. 11, Oct. 21, 1980, 94 Stat. 2302.)

http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=145143333199+0+0... 02/11/2005

WAIS Document Retrieval

Page 1 of 1

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 28, 2002]
[CITE: 33USC1911]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1911. Authority of Secretary under port and tanker safety
program unaffected
Nothing in this chapter shall be construed as limiting, diminishing,
or otherwise restricting any of the authority of the Secretary under the
Port and Tanker Safety Act of 1978.
(Pub. L. 96-478, Sec. 15, Oct. 21, 1980, 94 Stat. 2303.)
References in Text
The Port and Tanker Safety Act of 1978, referred to in text, is Pub.
L. 95-474, Oct. 17, 1978, 92 Stat. 1471, which enacted sections 1225,
1228 to 1231, and 1232 of this title, amended sections 1221 to 1224,
1226, and 1227 of this title, and sections 214 and 391a of former Title
46, Shipping, and enacted provisions set out as notes under sections
1221 and 1224 of this title and section 391a of Title 46. For complete
classification of this Act to the Code, see Short Title note set out
under section 1221 of this title and Tables.

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=14733120153+0+0+... 02/11/2005