1625-0009 Stat/Authority

PUBLIC LAW 96-478—OCT. 21, 1980
Public Law 96-478
96th Congress

94 STAT. 2297

An Act

To implement the Protocol of 1978 Relating to the International Convention for the
Prevention of Pollution from Ships, 1973, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Act to Prevent Pollution from Ships".
SEC. 2. Unless the context indicates otherwise, as used in this Act—
(1) "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;
(2) "Convention" means the International Convention for the
Prevention of Pollution from Ships, 1973, including Protocols I
and II and Annexes I and II attached thereto;
(3) "discharge" and "harmful substance" and "incident" shall
have the meanings provided in the Convention;
(4) "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;
(5) "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 suppljdng 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;
(6) "person" means an individual, firm, public or private
corporation, partnership, association. State, municipality, commission, political subdivision of a State, or any interstate body;
(7) "Secretary" means the Secretary of the department in
which the Coast Guard is operating;
(8) "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;
and
(9) "terminal" means an onshore facility or an offshore 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.
SEC. 3. (a) This Act applies to—
(1) a ship of United States registry or nationality, or one
operated under the authority of the United States, wherever
located;

Oct. 21, 1980
[H.R. 6665]
Act to Prevent
Pollution from
Ships.
33 u s e 1901
note.
Definitions.
33 u s e 1901.

Applicability.
33 u s e 1902.

94 STAT. 2298

Regulations.

Noncommercial
shipping
standards.

Administration
and
enforcement.
33 u s e 1903.
Regulations.

Certificates.
33 u s e 1904.

Onboard
inspections.

Penalties.

PUBLIC LAW 96-478—OCT. 21, 1980

(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,
(b) This Act 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.
(c) 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.
(d) The heads of Federal departments and agencies shall prescribe
standards applicable to ships excluded from this Act by subsection
(bXD 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.
SEC. 4. (a) Unless otherwise specified herein, the Secretary shall
administer and enforce the MARPOL Protocol and this Act. In the
administration and enforcement of the MARPOL Protocol and this
Act, Annexes I and II of the MARPOL Protocol shall be applicable
only to seagoing ships.
(b) The Secretary shall prescribe any necessary or desired regulations to carry out the provisions of the MARPOL Protocol or this Act.
(c) 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 Act, or the regulations thereunder.
SEC. 5. (a) 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) 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) 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) 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) In addition to the penalties prescribed in section 9 of the Act, a
ship required by the MARPOL Protocol to have a certificate—
(1) which does not have a valid certificate onboard; or

PUBLIC LAW 96-478—OCT. 21, 1980

94 STAT. 2299

(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.
(f) 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 4197 of the Revised
Statutes of the United States, as amended (46 U.S.C. 91); or
(2) a permit to proceed under section 4367 of the Revised
Statutes of the United States (46 U.S.C. 313) or section 442 of the
Tariff Act of 1930, as amended (19 U.S.C. 1443).
(g) 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) A ship unreasonably detained or delayed by the Secretary
acting under the authority of this Act is entitled to compensation for
any loss or damage suffered thereby.
SEC. 6. (a) The Secretary, after consultation with the Administrator
of the Environmental Protection Agency, shall establish regulations
setting criteria for determining the adequacy of reception facilities of
a port or terminal 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.
(b) In determining the adequacy of reception facilities required by
the MARPOL Protocol at a port or terminal, the Secretary may
consider, among other things, the number and types of seagoing ships
using the port or terminal, including their principal trades.
(c) 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.
(d) 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.
(e) Except in the case of force majeure, the Secretary shall deny
entry to a seagoing ship required by the Convention to retain onboard

19 u s e 1442.
Detention order
review.

Compensation
for loss or
damage.
Pollution
reception
facilities,
adequacy.
33 u s e 1905.

eertificate
issuance.

Publication in
Federal
Register.
Entry denial.

94 STAT. 2300

PUBLIC LAW 96-478—OCT. 21, 1980

while at sea, residues and mixtures containing oil or noxious liquid
substances, if—
(1) the port or terminal is one required by the MARPOL
Protocol or regulations hereunder to have adequate reception
facilities; and
(2) the port or terminal does not hold a valid certificate issued
by the Secretary under this section.
Survey.
(f) 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.
33 use 1906.
SEC. 7. (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.
Violations.
SEC. 8, (a) It is unlawful to act in violation of the MARPOL Protocol,
33 u s e 1907.
this Act, or the regulations issued thereunder. The Secretary shall
cooperate with other parties to the MARPOL Protocol in the detection of violations and in enforcement of the MARPOL 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.
Investigations.
(b) 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 and whatever
further action he considers appropriate under the circumstances. If
the initial evidence was provided by a party to the MARPOL
Protocol, the Secretary, acting through the Secretary of State, shall
inform that party of the action taken or proposed.
Ship inspections.
(c) While at a port or terminal subject to the jurisdiction of the
United States, a ship to which the MARPOL Protocol applies may be
inspected by the Secretary—
(1) to verify whether or not the ship has discharged a harmful
substance in violation of the MARPOL Protocol or this Act; or
(2) to comply with a request from a party to the MARPOL
Protocol for an investigation as to whether the ship may have
discharged a harmful substance an)rwhere in violation of the
MARPOL Protocol. An investigation may be undertaken under
this clause only when the requesting party has furnished sufficient evidence to allow the Secretary reasonably to believe that a
discharge has occurred.
If an inspection under this subsection indicates that a violation has
occurred, the investigating officer shall forward a report to the
Secretary for appropriate action. 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 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.

PUBLIC LAW 96-478—OCT. 21, 1980

94 STAT. 2301

(d) Remedies and requirements of this Act supplement and neither
amend nor repeal any other provisions of law, except as expressly
provided in this Act. Nothing in this Act 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 Act.
SEC. 9. (a) A person who knowingly violates the MARPOL Protocol, Violations and
this Act, or the regulations issued thereunder shall, for each viola- ^^"^Q^^^IC
tion, be fined not more than $50,000 or be imprisoned for not more 33 u s e 1908.
than 5 years, or both.
(b) A person who is found by the Secretary, after notice and an
opportunity for a hearing, to have—
(1) violated the MARPOL Protocol, this Act, 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, this Act, 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.
(c) 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) A ship operated in violation of the MARPOL Protocol, this Act,
or the regulations thereunder is liable in rem for any fine imposed
under subsection (a) or civil penalty assessed pursuant to subsection
(b), and may be proceeded against in the United States district court
of any district in which the ship may be found.
(e) If any ship subject to the MARPOL Protocol or this Act, 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—
(1) the clearance required by section 4197 of the Revised
Statutes of the United States, as amended (46 U.S.C. 91); or
(2) a permit to proceed under section 4367 of the Revised
Statutes of the United States (46 U.S.C. 313) or section 443 of the
Tariff Act 1930, as amended (19 U.S.C. 1443).
Clearance or a permit to proceed may be granted upon the filing of a
bond or other surety satisfactory to the Secretary.
(f) 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 one operated under the authority
of a country party to the MARPOL Protocol, the Secretary, acting in
coordination with the Secretary of State, may refer the matter to thjat

94 STAT. 2302

MARPOL
Protocol,
proposed
amendments.
33 u s e 1909.

Legal actions.
33 u s e 1910.

PUBLIC LAW 96-478—OCT. 21, 1980

country for appropriate action, rather than taking the actions
required or authorized by this section.
SEC. 10. (a) A proposed amendment to the MARPOL Protocol
received by the United States from the Secretary-General of the
Inter-Governmental Maritime Consultative 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.
Ot)) A proposed amendment to Annex I or II, appendices to the
Annexes, or Protocol I of the MARPOL Protocol, received by the
United States from the Secretary-General of the Inter-Governmental
Maritime Consultative 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) 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.
SEC. 11. (a) 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 b e h a l f CD against any person alleged to be in violation of the provisions of this Act, 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 Act 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 9(e) of this Act.
0)) 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.
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