1625-0009 Stat/Authority

§ 1901

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(12) Illinois Waterway (Calumet-Sag Channel): From the junction of the Illinois River
with the Mississippi River RM 0 to Chicago
Harbor at Lake Michigan, approximately RM
350.
(13) Kanawha River: From junction with
Ohio River at RM 0 to RM 90.6 at Deepwater,
West Virginia.
(14) Kaskaskia River: From junction with
the Mississippi River at RM 0 to RM 36.2 at
Fayetteville, Illinois.
(15) Kentucky River: From junction with
Ohio River at RM 0 to confluence of Middle
and North Forks at RM 258.6.
(16) Lower Mississippi River: From Baton
Rouge, Louisiana, RM 233.9 to Cairo, Illinois,
RM 953.8.
(17) Upper Mississippi River: From Cairo, Illinois, RM 953.8 to Minneapolis, Minnesota,
RM 1,811.4.
(18) Missouri River: From junction with Mississippi River at RM 0 to Sioux City, Iowa, at
RM 734.8.
(19) Monongahela River: From junction with
Allegheny River to form the Ohio River at RM
0 to junction of the Tygart and West Fork Rivers, Fairmont, West Virginia, at RM 128.7.
(20) Ohio River: From junction with the Mississippi River at RM 0 to junction of the Allegheny and Monongahela Rivers at Pittsburgh,
Pennsylvania, at RM 981.
(21) Ouachita-Black Rivers: From the mouth
of the Black River at its junction with the Red
River at RM 0 to RM 351 at Camden, Arkansas.
(22) Pearl River: From junction of West
Pearl River with the Rigolets at RM 0 to Bogalusa, Louisiana, RM 58.
(23) Red River: From RM 0 to the mouth of
Cypress Bayou at RM 236.
(24) Tennessee River: From junction with
Ohio River at RM 0 to confluence with Holstein and French Rivers at RM 652.
(25) White River: From RM 9.8 to RM 255 at
Newport, Arkansas.
(26) Willamette River: From RM 21 upstream
of Portland, Oregon, to Harrisburg, Oregon, at
RM 194.
(27) Tennessee-Tombigbee Waterway: From
its confluence with the Tennessee River to the
Warrior River at Demopolis, Alabama.
(Pub. L. 95–502, title II, § 206, Oct. 21, 1978, 92
Stat. 1700; Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 99–662, title XIV, § 1404(b),
Nov. 17, 1986, 100 Stat. 4270.)
REFERENCES IN TEXT
Section 1802 of this title, referred to in text, was repealed by Pub. L. 99–662, title XIV, § 1405(b), Nov. 17,
1986, 100 Stat. 4271.
AMENDMENTS
1986—Pub. L. 99–514, in introductory provisions, substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal
Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no
change in text.
Par. (27). Pub. L. 99–662 added par. (27).
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–662 effective Jan. 1, 1987,
see section 1404(c) of Pub. L. 99–662 set out as a note
under section 4042 of Title 26, Internal Revenue Code.

Page 608

CHAPTER 33—PREVENTION OF POLLUTION
FROM SHIPS
Sec.

1901.
1902.
1902a.
1903.
1904.
1905.
1906.
1907.
1908.
1909.
1910.
1911.
1912.
1913.
1914.
1915.

Definitions.
Ships subject to preventive measures.
Discharge of agricultural cargo residue.
Administration and enforcement.
Certificates.
Pollution reception facilities.
Incidents involving ships.
Violations.
Penalties for violations.
MARPOL Protocol; proposed amendments.
Legal actions.
Effect on other laws.
International law.
Compliance reports.
Transferred.
Repealed.

§ 1901. Definitions
(a) Unless the context indicates otherwise, as
used in this chapter—
(1) ‘‘Administrator’’ means the Administrator of the Environmental Protection Agency;
(2) ‘‘Antarctica’’ means the area south of 60
degrees south latitude;
(3) ‘‘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;
(4) ‘‘MARPOL Protocol’’ means the Protocol
of 1978 relating to the International Convention for the Prevention of Pollution from
Ships, 1973, and includes the Convention;
(5) ‘‘Convention’’ means the International
Convention for the Prevention of Pollution
from Ships, 1973, including Protocols I and II
and Annexes I, II, V, and VI thereto, including
any modification or amendments to the Convention, Protocols, or Annexes which have entered into force for the United States;
(6) ‘‘discharge’’, ‘‘emission’’, ‘‘garbage’’,
‘‘harmful substance’’, and ‘‘incident’’ shall
have the meanings provided in the Convention;
(7) ‘‘navigable waters’’ includes the territorial sea of the United States (as defined in
Presidential Proclamation 5928 of December
27, 1988) and the internal waters of the United
States;
(8) ‘‘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;
(9) ‘‘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;

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(10) ‘‘person’’ means an individual, firm, public or private corporation, partnership, association, State, municipality, commission, political subdivision of a State, or any interstate
body;
(11) ‘‘Secretary’’ means the Secretary of the
department in which the Coast Guard is operating;
(12) ‘‘ship’’ means a vessel of any type whatsoever, including hydrofoils, air-cushion vehicles, submersibles, floating craft whether selfpropelled or not, and fixed or floating platforms;
(13) ‘‘submersible’’ means a submarine, or
any other vessel designed to operate under
water; and
(14) ‘‘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.
(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, § 2, Oct. 21, 1980, 94 Stat. 2297;
Pub. L. 100–220, title II, § 2101, Dec. 29, 1987, 101
Stat. 1460; Pub. L. 103–160, div. A, title X,
§ 1003(f), Nov. 30, 1993, 107 Stat. 1748; Pub. L.
104–227, title II, § 201(a), Oct. 2, 1996, 110 Stat.
3042; Pub. L. 110–280, § 3, July 21, 2008, 122 Stat.
2611.)
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’’, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note below and Tables.
Presidential Proclamation 5928, referred to in subsec.
(a)(7), is set out under section 1331 of Title 43, Public
Lands.
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–280 added par. (1), redesignated pars. (1) to (5) as (2) to (6), respectively, in par.
(5) substituted ‘‘V, and VI’’ for ‘‘and V’’, in par. (6) substituted ‘‘ ‘discharge’, ‘emission’, ‘garbage’, ‘harmful
substance’, and ‘incident’ ’’ for ‘‘ ‘discharge’ and ‘garbage’ and ‘harmful substance’ and ‘incident’ ’’, added
par. (7), and redesignated pars. (6) to (12) as (8) to (14),
respectively.
1996—Subsec. (a). Pub. L. 104–227, § 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, § 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, § 2101(1), designated
existing provisions as subsec. (a).
Subsec. (a)(1). Pub. L. 100–220, § 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 Pre-

§ 1901

vention 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, § 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, § 2101(4), inserted ‘‘and
‘garbage’ ’’.
Subsec. (b). Pub. L. 100–220, § 2101(5), added subsec. (b).
EFFECTIVE DATE OF 1987 AMENDMENT
Pub. L. 100–220, title II, § 2002, Dec. 29, 1987, 101 Stat.
1460, 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 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
Pub. L. 96–478, § 14(a), (b), Oct. 21, 1980, 94 Stat. 2303,
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 2008 AMENDMENT
Pub. L. 110–280, § 1, July 21, 2008, 122 Stat. 2611, provided that: ‘‘This Act [amending this section and sections 1902, 1903 to 1905, and 1907 to 1911 of this title] may
be cited as the ‘Maritime Pollution Prevention Act of
2008’.’’
SHORT TITLE OF 1987 AMENDMENT
Pub. L. 100–220, title II, § 2001, Dec. 29, 1987, 101 Stat.
1460, 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
Pub. L. 96–478, § 1, Oct. 21, 1980, 94 Stat. 2297, provided:
‘‘That this Act [enacting this chapter, amending sec-

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

tion 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
Pub. L. 96–478, § 14(c), Oct. 21, 1980, 94 Stat. 2303, 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.’’
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE
DISPOSAL
Pub. L. 108–293, title VI, § 623, Aug. 9, 2004, 118 Stat.
1063, provided that:
‘‘(a) EXTENSION OF INTERIM AUTHORITY.—The Secretary of the Department in which the Coast Guard is
operating shall continue to implement and enforce
United States Coast Guard 1997 Enforcement Policy for
Cargo Residues on the Great Lakes (hereinafter in this
section referred to as the ‘Policy’) or revisions thereto,
in accordance with that policy, for the purpose of regulating incidental discharges from vessels of residues of
dry bulk cargo into the waters of the Great Lakes
under the jurisdiction of the United States, until the
earlier of—
‘‘(1) the date regulations are promulgated under
subsection (b) for the regulation of incidental discharges from vessels of dry bulk cargo residue into
the waters of the Great Lakes under the jurisdiction
of the United States; or
‘‘(2) September 30, 2008.
‘‘(b) PERMANENT AUTHORITY.—Notwithstanding any
other law, the Commandant of the Coast Guard may
promulgate regulations governing the discharge of dry
bulk cargo residue on the Great Lakes.
‘‘(c) ENVIRONMENTAL ASSESSMENT.—No later than 90
days after the date of the enactment of this Act [Aug.
9, 2004], the Secretary of the department in which the
Coast Guard is operating shall commence the environmental assessment necessary to promulgate the regulations under subsection (b).’’
STUDY AND REGULATION OF GREAT LAKES CARGO
RESIDUES
Pub. L. 106–554, § 1(a)(4) [div. A, § 1117(b), (c)], Dec. 21,
2000, 114 Stat. 2763, 2763A–209, provided that:
‘‘(b) The Secretary shall conduct a study of the effectiveness of 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 nonhazardous 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.’’

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CERTAIN ALASKAN CRUISE SHIP OPERATIONS
Pub. L. 106–554, § 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 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].

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‘‘(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 μg/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 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

§ 1901

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 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.

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

‘‘(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 (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

Page 612

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,
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

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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 NODISCHARGE ZONES.
‘‘If the State of Alaska determines that the protection and 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.

§ 1901

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) [now
2101(31)] 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 meeting all applicable effluent limitation standards and processing requirements of the
Federal Water Pollution Control Act [33 U.S.C. 1251 et

§ 1902

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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≥11′41′′N, 136≥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≥05′17′′N,
136≥33′49′′W
and
58≥11′41′′N,
136≥39′25′′W [Cross Sound].
‘‘(2)
56≥09′40′′N,
134≥40′00′′W
and
55≥49′15′′N,
134≥17′40′′W [Chatham Strait].
‘‘(3)
55≥49′15′′N,
134≥17′40′′W
and
55≥50′30′′N,
133≥54′15′′W [Sumner Strait].
and
54≥51′30′′N,
‘‘(4)
54≥41′30′′N,
132≥01′00′′W
131≥20′45′′W [Clarence Strait].
‘‘(5)
54≥51′30′′N,
131≥20′45′′W
and
54≥46′15′′N,
130≥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
Pub. L. 100–220, title II, § 2003, Dec. 29, 1987, 101 Stat.
1460, 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.’’

§ 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;
(4) with respect to regulations prescribed
under section 1905 of this title, any port or terminal in the United States; and
(5) with respect to Annex VI to the Convention, and other than with respect to a ship referred to in paragraph (1)—
(A) to a ship that is in a port, shipyard,
offshore terminal, or the internal waters of
the United States;
(B) to a ship that is bound for, or departing
from, a port, shipyard, offshore terminal, or
the internal waters of the United States, and
is in—
(i) the navigable waters or the exclusive
economic zone of the United States;
(ii) an emission control area designated
pursuant to section 1903 of this title; or

Page 614

(iii) any other area that the Administrator, in consultation with the Secretary
and each State in which any part of the
area is located, has designated by order as
being an area from which emissions from
ships are of concern with respect to protection of public health, welfare, or the environment;
(C) to a ship that is entitled to fly the flag
of, or operating under the authority of, a
party to Annex VI, and is in—
(i) the navigable waters or the exclusive
economic zone of the United States;
(ii) an emission control area designated
under section 1903 of this title; or
(iii) any other area that the Administrator, in consultation with the Secretary
and each State in which any part of the
area is located, has designated by order as
being an area from which emissions from
ships are of concern with respect to protection of public health, welfare, or the environment; and
(D) to any other ship, to the extent that,
and in the same manner as, such ship may be
boarded by the Secretary to implement or
enforce any other law of the United States
or Annex I, II, or V of the Convention, and is
in—
(i) the exclusive economic zone of the
United States;
(ii) the navigable waters of the United
States;
(iii) an emission control area designated
under section 1903 of this title; or
(iv) any other area that the Administrator, in consultation with the Secretary
and each State in which any part of the
area is located, has designated by order as
being an area from which emissions from
ships are of concern with respect to protection of public health, welfare, or the environment.
(b) Excluded vessels; discharge requirements
(1) Except as provided in paragraph (3), this
chapter shall not apply to—
(A) a ship of the Armed Forces described in
paragraph (2); or
(B) any other ship specifically excluded by
the MARPOL Protocol or the Antarctic Protocol.
(2) A ship described in this paragraph is a ship
that is owned or operated by the Secretary, with
respect to the Coast Guard, or by the Secretary
of a military department, and that, as determined by the Secretary concerned—
(A) has unique military design, construction, manning, or operating requirements; and
(B) cannot fully comply with the discharge
requirements 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) Notwithstanding any provision of the
MARPOL Protocol, the requirements of Annex V
to the Convention shall apply to all ships referred to in subsection (a) other than those described in paragraph (2).

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(B) A ship that is described in paragraph (2)
shall limit the discharge into the sea of garbage
as follows:
(i) The discharge into the sea of plastics, including synthetic ropes, synthetic fishing
nets, plastic garbage bags, and incinerator
ashes from plastic products that may contain
toxic chemicals or heavy metals, or the residues thereof, is prohibited.
(ii) Garbage consisting of the following material may be discharged into the sea, subject
to subparagraph (C):
(I) A non-floating 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 (in compliance with clause
(i)) so as to ensure negative buoyancy.
(III) With regard to a submersible, nonplastic garbage that has been compacted and
weighted to ensure negative buoyancy.
(IV) Ash from incinerators or other thermal destruction systems not containing
toxic chemicals, heavy metals, or incompletely burned plastics.
(C)(i) Garbage described in subparagraph
(B)(ii)(I) may not be discharged within 3 nautical miles of land.
(ii) Garbage described in subclauses (II), (III),
and (IV) of subparagraph (B)(ii) may not be discharged within 12 nautical miles of land.
(D) Notwithstanding subparagraph (C), a ship
described in paragraph (2) that is not equipped
with garbage-processing equipment sufficient to
meet the requirements of subparagraph (B)(ii)
may discharge garbage that has not been processed in accordance with subparagraph (B)(ii) if
such discharge occurs as far as practicable from
the nearest land, but in any case not less than—
(i) 12 nautical miles from the nearest land,
in the case of food wastes and non-floating
garbage, including paper products, cloth,
glass, metal, bottles, crockery, and similar
refuse; and
(ii) 25 nautical miles from the nearest land,
in the case of all other garbage.
(E) This paragraph shall not apply when discharge of any garbage is necessary for the purpose of securing the safety of the ship, the
health of the ship’s personnel, or saving life at
sea. In the event that there is such a discharge,
the discharge shall be reported to the Secretary,
with respect to the Coast Guard, or the Secretary concerned.
(F) This paragraph shall not apply during time
of war or a national emergency declared by the
President or Congress.
(c) Application to other persons
This chapter shall apply to all persons to the
extent necessary to ensure compliance with
Annex VI to the Convention.
(d) 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 De-

§ 1902

partment 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 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).
(e) Regulations
The Secretary or the Administrator, consistent with section 1903 of this title, shall prescribe
regulations applicable to the ships of a country
not a party to the MARPOL Protocol (or the applicable Annex), including regulations conforming to and giving effect to the requirements of
Annex V and Annex VI 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.
(f) 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 man-

§ 1902

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

agement 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 subsection (b) 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 and subsection (b)(3)(B)(i) of this section 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 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.
(g) Waiver authority
The President may waive the effective dates of
the requirements set forth in subsection (c) 1 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.
(h) 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
1 See

References in Text note below.

Page 616

operational capabilities of such ships, that such
ships act in a manner consistent with the
MARPOL Protocol.
(i) Savings clause
Nothing in this section shall be construed to
restrict in a manner inconsistent with international law navigational rights and freedoms
as defined by United States law, treaty, convention, or customary international law.
(Pub. L. 96–478, § 3, Oct. 21, 1980, 94 Stat. 2297;
Pub. L. 100–220, title II, § 2102, Dec. 29, 1987, 101
Stat. 1461; Pub. L. 103–160, div. A, title X,
§ 1003(a)–(d), Nov. 30, 1993, 107 Stat. 1745–1747;
Pub. L. 104–201, div. A, title III, § 324(a), (d), Sept.
23, 1996, 110 Stat. 2480, 2481; Pub. L. 104–227, title
II, § 201(b), Oct. 2, 1996, 110 Stat. 3042; Pub. L.
105–261, div. A, title III, § 326, Oct. 17, 1998, 112
Stat. 1965; Pub. L. 110–280, § 4, July 21, 2008, 122
Stat. 2611; Pub. L. 112–81, div. A, title III, § 313,
Dec. 31, 2011, 125 Stat. 1355.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b)(1), 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’’ which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1901 of
this title and Tables.
Section 1003(e) of the National Defense Authorization
Act for Fiscal Year 1994, referred to in subsecs. (f)(4)(B)
and (g), is section 1003(e) of Pub. L. 103–160, which is set
out below.
Subsection (c) of this section, referred to in subsec.
(g), was redesignated subsection (d) by Pub. L. 110–280,
§ 4(3), July 21, 2008, 122 Stat. 2613.
AMENDMENTS
2011—Subsec. (b). Pub. L. 112–81, § 313(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to excluded vessels.
Subsec. (f)(1). Pub. L. 112–81, § 313(b)(1), substituted
‘‘subsection (b)’’ for ‘‘Annex V to the Convention on or
before the dates referred to in subsections (b)(2)(A) and
(c)(1)’’.
Subsec. (f)(2). Pub. L. 112–81, § 313(b)(2), inserted ‘‘and
subsection (b)(3)(B)(i) of this section’’ after ‘‘Annex V
to the Convention’’.
2008—Subsec. (a)(5). Pub. L. 110–280, § 4(1), added par.
(5).
Subsec. (b)(1). Pub. L. 110–280, § 4(2)(A), substituted
‘‘paragraphs (2) and (3),’’ for ‘‘paragraph (2),’’ in introductory provisions.
Subsec. (b)(3). Pub. L. 110–280, § 4(2)(B), added par. (3).
Subsecs. (c), (d). Pub. L. 110–280, § 4(3), added subsec.
(c) and redesignated former subsec. (c) as (d). Former
subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 110–280, § 4(4)(C), substituted ‘‘Protocol (or the applicable Annex), including regulations
conforming to and giving effect to the requirements of
Annex V and Annex VI’’ for ‘‘Protocol, including regulations conforming to and giving effect to the requirements of Annex V’’.
Pub. L. 110–280, § 4(4)(B), made technical amendment
to reference in original act which appears in text as
reference to ‘‘of this section’’ requiring no change in
text.
Pub. L. 110–280, § 4(4)(A), inserted ‘‘or the Administrator, consistent with section 1903 of this title,’’ after
‘‘Secretary’’.
Pub. L. 110–280, § 4(3), redesignated subsec. (d) as (e).
Former subsec. (e) redesignated (f).
Subsecs. (f) to (h). Pub. L. 110–280, § 4(3), redesignated
subsecs. (e) to (g) as (f) to (h), respectively.
Subsec. (i). Pub. L. 110–280, § 4(5), added subsec. (i).
1998—Subsec. (c)(2)(A)(iii). Pub. L. 105–261, § 326(a)(1),
added cl. (iii).

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Subsec. (c)(2)(B)(ii). Pub. L. 105–261, § 326(a)(2), substituted ‘‘clauses (ii) and (iii) of subparagraph (A)’’ for
‘‘subparagraph (A)(ii)’’.
Subsec. (e)(3)(A). Pub. L. 105–261, § 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, § 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, § 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, § 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, § 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, § 1003(b), added subsec. (c) and redesignated former subsec. (c) as (d).
Former subsec. (d) redesignated (g).
Subsecs. (e), (f). Pub. L. 103–160, § 1003(c), (d), added
subsecs. (e) and (f).
Subsec. (g). Pub. L. 103–160, § 1003(b)(1), redesignated
subsec. (d) as (g).
1987—Subsec. (a). Pub. L. 100–220, § 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, § 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, § 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, see section 2002(a) of Pub. L. 100–220, set out as a note under
section 1901 of this title.

§ 1902a

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.
COMPLIANCE WITH ANNEX V TO THE INTERNATIONAL
CONVENTION FOR THE PREVENTION OF POLLUTION
FROM SHIPS, 1973
Pub. L. 104–201, div. A, title III, § 324(b), (c), Sept. 23,
1996, 110 Stat. 2480, as amended by Pub. L. 105–85, div.
A, title X, § 1073(c)(1), Nov. 18, 1997, 111 Stat. 1904; Pub.
L. 108–136, div. A, title X, § 1031(f)(1), Nov. 24, 2003, 117
Stat. 1604, provided that:
‘‘(b) SENSE OF CONGRESS.—(1) It is the sense of Congress that it should be an objective of the Navy to
achieve full compliance with Annex V to the Convention as part of the Navy’s development of ships that are
environmentally sound.
‘‘(2) In this subsection and subsection (c), the terms
‘Convention’ and ‘ship’ have the meanings given such
terms in section 2(a) of the Act to Prevent Pollution
from Ships (33 U.S.C. 1901(a)).
‘‘[(c) Repealed. Pub. L. 108–136, div. A, title X,
§ 1031(f)(1), Nov. 24, 2003, 117 Stat. 1604.]’’
INSTALLATION SCHEDULE FOR PLASTICS PROCESSOR
EQUIPMENT ABOARD SHIPS; REQUEST FOR PROPOSALS
FOR EQUIPMENT
Pub. L. 103–160, div. A, title X, § 1003(e), Nov. 30, 1993,
107 Stat. 1747, 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 long-term 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.’’

§ 1902a. Discharge of agricultural cargo residue
Notwithstanding any other provision of law,
the discharge from a vessel of any agricultural
cargo residue material in the form of hold
washings shall be governed exclusively by the
provisions of the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.) that implement
Annex V to the International Convention for the
Prevention of Pollution from Ships.
(Pub. L. 107–295, title II, § 204, Nov. 25, 2002, 116
Stat. 2094.)

§ 1903

TITLE 33—NAVIGATION AND NAVIGABLE WATERS
REFERENCES IN TEXT

The Act to Prevent Pollution from Ships, referred to
in text, is Pub. L. 96–478, Oct. 21, 1980, 94 Stat. 2297, as
amended, which is classified principally to this chapter
(§ 1901 et seq.). For complete classification of this Act
to the Code, see Short Title note set out under section
1901 of this title and Tables.
CODIFICATION
Section was enacted as part of the Maritime Policy
Improvement Act of 2002 and as part of the Maritime
Transportation Security Act of 2002, and not as part of
the Act to Prevent Pollution from Ships which comprises this chapter.

§ 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) Duty of the Administrator
In addition to other duties specified in this
chapter, the Administrator and the Secretary,
respectively, shall have the following duties and
authorities:
(1) The Administrator shall, and no other
person may, issue Engine International Air
Pollution Prevention certificates in accordance with Annex VI and the International
Maritime Organization’s Technical Code on
Control of Emissions of Nitrogen Oxides from
Marine Diesel Engines, on behalf of the United
States for a vessel of the United States as that
term is defined in section 116 of title 46. The
issuance of Engine International Air Pollution
Prevention certificates shall be consistent
with any applicable requirements of the Clean
Air Act [42 U.S.C. 7401 et seq.] or regulations
prescribed under that Act.
(2) The Administrator shall have authority
to administer regulations 12, 13, 14, 15, 16, 17,
18, and 19 of Annex VI to the Convention.
(3) The Administrator shall, only as specified in section 1907(f) of this title, have authority to enforce Annex VI of the Convention.
(c) 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) In addition to the authority the Secretary
has to prescribe regulations under this chapter,
the Administrator shall also prescribe any necessary or desired regulations to carry out the
provisions of regulations 12, 13, 14, 15, 16, 17, 18,
and 19 of Annex VI to the Convention.
(3) In prescribing any regulations under this
section, the Secretary and the Administrator
shall consult with each other, and with respect
to regulation 19, with the Secretary of the Interior.
(4) The Secretary of the department in which
the Coast Guard is operating shall—

Page 618

(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.
(5) No standard issued by any person or Federal authority, with respect to emissions from
tank vessels subject to regulation 15 of Annex VI
to the Convention, shall be effective until 6
months after the required notification to the
International Maritime Organization by the
Secretary.
(d) 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, § 4, Oct. 21, 1980, 94 Stat. 2298;
Pub. L. 100–220, title II, § 2107, Dec. 29, 1987, 101
Stat. 1464; Pub. L. 104–227, title II, § 201(c), Oct. 2,
1996, 110 Stat. 3042; Pub. L. 110–280, § 5, July 21,
2008, 122 Stat. 2613.)
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (b)(1), is act
July 14, 1955, ch. 360, 69 Stat. 322, which is classified
generally to chapter 85 (§ 7401 et seq.) of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out
under section 7401 of Title 42 and Tables.
The effective date of this paragraph, referred to in
subsec. (c)(4)(C), is Dec. 31, 1988, the effective date of
section 2107(b) of Pub. L. 100–220. See Effective Date of
1987 Amendment note below.
AMENDMENTS
2008—Subsec. (b). Pub. L. 110–280, § 5(1), added subsec.
(b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 110–280 redesignated subsec. (b) as
(c), added pars. (2), (3), and (5), and redesignated former
par. (2) as (4). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 110–280, § 5(1), redesignated subsec.
(c) as (d).
1996—Subsec. (a). Pub. L. 104–227, § 201(c)(1), inserted
‘‘, Annex IV to the Antarctic Protocol,’’ after ‘‘the
MARPOL Protocol’’ in first sentence.
Subsec. (b)(1). Pub. L. 104–227, § 201(c)(2), inserted
‘‘, Annex IV to the Antarctic Protocol,’’ after ‘‘the
MARPOL Protocol’’.

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Subsec. (b)(2)(A). Pub. L. 104–227, § 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, § 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, § 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.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1904. Certificates
(a) Issuance by authorized designees; restriction
on issuance
Except as provided in section 1903(b)(1) of this
title, 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 or
the Administrator under the authority of this
chapter.
(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, un-

§ 1904

less 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 or the public health and welfare.
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) Ship clearance; refusal or revocation
If a ship is under a detention order under this
section, the Secretary may refuse or revoke the
clearance required by section 60105 of title 46.
(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, § 5, Oct. 21, 1980, 94 Stat. 2298;
Pub. L. 110–280, § 6, July 21, 2008, 122 Stat. 2614;
Pub. L. 115–232, div. C, title XXXV, § 3548(c), Aug.
13, 2018, 132 Stat. 2328.)
AMENDMENTS
2018—Subsec. (f). Pub. L. 115–232 amended subsec. (f)
generally. Prior to amendment, subsec. (f) related to
refusal or revocation of ship clearance or permits.
2008—Subsec. (a). Pub. L. 110–280, § 6(1), substituted
‘‘Except as provided in section 1903(b)(1) of this title,
the Secretary’’ for ‘‘The Secretary’’.
Subsec. (b). Pub. L. 110–280, § 6(2), substituted ‘‘Secretary or the Administrator under the authority of this
chapter.’’ for ‘‘Secretary under the authority of the
MARPOL Protocol.’’
Subsec. (e). Pub. L. 110–280, § 6(3), substituted ‘‘environment or the public health and welfare.’’ for ‘‘environment.’’ in concluding provisions.
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.

§ 1905

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

§ 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.
(3) The Secretary and the Administrator, after
consulting with appropriate Federal agencies,
shall jointly prescribe regulations setting criteria for determining the adequacy of reception
facilities for receiving ozone depleting substances, equipment containing such substances,
and exhaust gas cleaning residues at a port or
terminal, and stating any 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 reception facilities are available, in
accordance with those regulations. The Secretary and the Administrator may jointly prescribe regulations to certify, and may issue certificates to the effect, that a port’s or terminal’s
facilities for receiving ozone depleting substances, equipment containing such substances,
and exhaust gas cleaning residues from ships are
adequate.
(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 or the Administrator 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), 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),

Page 620

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 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 the MARPOL

Page 621

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Protocol, this chapter, or regulations prescribed
under this section relating to the provision of
adequate reception facilities for garbage, ozone
depleting substances, equipment containing
those substances, or exhaust gas cleaning residues, if the port or terminal is not in compliance with the MARPOL Protocol, this chapter,
or those regulations.
(f) Surveys
(1) The Secretary and the Administrator are
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) 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.
(Pub. L. 96–478, § 6, Oct. 21, 1980, 94 Stat. 2299;
Pub. L. 100–220, title II, § 2103, Dec. 29, 1987, 101
Stat. 1461; Pub. L. 101–225, title II, § 201(1), Dec.
12, 1989, 103 Stat. 1910; Pub. L. 104–227, title II,
§ 201(d), Oct. 2, 1996, 110 Stat. 3042; Pub. L.
104–324, title VIII, § 801, Oct. 19, 1996, 110 Stat.
3943; Pub. L. 110–280, § 7, July 21, 2008, 122 Stat.
2614.)
AMENDMENTS
2008—Subsec. (a)(3). Pub. L. 110–280, § 7(1), added par.
(3).
Subsec. (b). Pub. L. 110–280, § 7(2), inserted ‘‘or the Administrator’’ after ‘‘Secretary’’.
Subsec. (e)(2). Pub. L. 110–280, § 7(3), added par. (2) and
struck out former par. (2). Prior to amendment, text
read as follows: ‘‘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.’’
Subsec. (f)(1). Pub. L. 110–280, § 7(4), substituted ‘‘Secretary and the Administrator are’’ for ‘‘Secretary is’’.
Subsec. (f)(2). Pub. L. 110–280, § 7(5), struck out subpar.
(A) designation before ‘‘Not later’’.
1996—Subsec. (b). Pub. L. 104–227, § 201(d)(1), inserted
‘‘or the Antarctic Protocol’’ after ‘‘the MARPOL Protocol’’.
Subsec. (c)(2). Pub. L. 104–324, § 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, § 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, § 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, § 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, § 801(b), designated existing provisions as par. (1) and added par. (2)(A).

§ 1906

Pub. L. 104–227, § 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, § 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, § 2103(b), inserted ‘‘and in
establishing regulations under subsection (a) of this
section,’’ and ‘‘ships or’’.
Subsec. (c). Pub. L. 100–220, § 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, § 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 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.

§ 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

§ 1907

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

accordance with regulations promulgated by the
Secretary for that purpose.
(Pub. L. 96–478, § 7, Oct. 21, 1980, 94 Stat. 2300;
Pub. L. 102–241, § 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.’’

§ 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—

Page 622

(A) to verify whether or not the ship has discharged a harmful substance in violation of
the MARPOL Protocol, Annex IV to the Antarctic Protocol, or this chapter; or
(B) to comply with a request from a party to
the MARPOL Protocol or the Antarctic Protocol for an investigation as to whether the ship
may have discharged a harmful substance anywhere in violation of the MARPOL Protocol or
Annex IV to the Antarctic Protocol. An investigation may be undertaken under this clause
only when the requesting party has furnished
sufficient evidence to allow the Secretary reasonably to believe that a discharge has occurred.
If an inspection under this subsection indicates
that a violation has occurred, the investigating
officer shall forward a report to the Secretary
for appropriate action. The Secretary shall undertake to notify the master of the ship concerned and, acting in coordination with the Secretary of State, shall take any additional action
required by Article 6 of the Convention.
(d) Garbage disposal inspections; covered ships;
enforcement actions
(1) The Secretary may inspect a ship referred
to in section 1902(a)(3) of this title to verify
whether the ship has disposed of garbage in violation of Annex V to the Convention, Article 5 of
Annex IV to the Antarctic Protocol, or this
chapter.
(2) If an inspection under this subsection indicates that a violation has occurred, the Secretary may undertake enforcement action under
section 1908 of this title.
(e) Harmful substance or garbage disposal inspections; covered ships; enforcement actions
(1) The Secretary may inspect at any time a
ship of United States registry or nationality or
operating under the authority of the United
States to which the MARPOL Protocol or the
Antarctic Protocol applies to verify whether the
ship has discharged a harmful substance or disposed of garbage in violation of those Protocols
or this chapter.
(2) If an inspection under this subsection indicates that a violation of the MARPOL Protocol,
of Annex IV to the Antarctic Protocol, or of this
chapter has occurred the Secretary may undertake enforcement action under section 1908 of
this title.
(f) Inspections; enforcement
(1) The Secretary may inspect a ship to which
this chapter applies as provided under section
1902(a)(5) of this title, to verify whether the ship
is in compliance with Annex VI to the Convention and this chapter.
(2) If an inspection under this subsection or
any other information indicates that a violation
has occurred, the Secretary, or the Administrator in a matter referred by the Secretary,
may undertake enforcement action under this
section.
(3) Notwithstanding subsection (b) and paragraph (2) of this subsection, the Administrator
shall have all of the authorities of the Secretary, as specified in subsection (b) of this section, for the purposes of enforcing regulations 17

Page 623

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

and 18 of Annex VI to the Convention to the extent that shoreside violations are the subject of
the action and in any other matter referred to
the Administrator by the Secretary.
(Pub. L. 96–478, § 8, Oct. 21, 1980, 94 Stat. 2300;
Pub. L. 100–220, title II, § 2104, Dec. 29, 1987, 101
Stat. 1462; Pub. L. 101–225, title II, § 201(2), (3),
Dec. 12, 1989, 103 Stat. 1910; Pub. L. 104–227, title
II, § 201(e), Oct. 2, 1996, 110 Stat. 3043; Pub. L.
110–280, § 8, July 21, 2008, 122 Stat. 2614.)
AMENDMENTS
2008—Subsec. (f). Pub. L. 110–280 amended subsec. (f)
generally. Prior to amendment, text read as follows:
‘‘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.’’
1996—Subsec. (a). Pub. L. 104–227, § 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, § 201(e)(3), inserted ‘‘or
the Antarctic Protocol’’ after ‘‘MARPOL Protocol’’ in
two places.
Subsec. (c)(1). Pub. L. 104–227, § 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, § 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, § 201(e)(8), inserted
‘‘, Article 5 of Annex IV to the Antarctic Protocol,’’
after ‘‘Convention’’.
Subsec. (e)(1). Pub. L. 104–227, § 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, § 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, § 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, § 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.

§ 1908. Penalties for violations
(a) Criminal penalties; payment for information
leading to conviction
A person who knowingly violates the
MARPOL Protocol, Annex IV to the Antarctic

§ 1908

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.
(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, or the
Administrator as provided for in this chapter,
after notice and an opportunity for a hearing, to
have—
(1) violated the MARPOL Protocol, 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, or the Administrator as provided for in this chapter,
under the MARPOL Protocol, 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 the Administrator as provided for in this
chapter or his designee, by written notice. In determining the amount of the penalty, the Secretary, or the Administrator as provided for in
this chapter, 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, or the Administrator as provided for in this chapter, to the person giving information leading to the assessment of such
penalties.
(c) Abatement of civil penalties; collection by Attorney General
The Secretary, or the Administrator as provided for in this chapter, 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,
or the Administrator as provided for in this
chapter, may refer the matter to the Attorney
General of the United States for collection in
any appropriate district court of the United
States.
(d) Liability in rem; district court jurisdiction
A ship operated in violation of the MARPOL
Protocol, Annex IV to the Antarctic Protocol,
this chapter, 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.

§ 1909

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(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 60105 of title 46. 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, or the Administrator as provided for in this chapter 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.
(g) Deposits in Abandoned Seafarers Fund
Any penalty collected under subsection (a) or
(b) that is not paid under that subsection to the
person giving information leading to the conviction or assessment of such penalties shall be deposited in the Abandoned Seafarers Fund established under section 11113 of title 46.
(Pub. L. 96–478, § 9, Oct. 21, 1980, 94 Stat. 2301;
Pub. L. 100–220, title II, § 2105, Dec. 29, 1987, 101
Stat. 1463; Pub. L. 101–380, title IV, § 4302(n), Aug.
18, 1990, 104 Stat. 539; Pub. L. 103–182, title VI,
§ 688, Dec. 8, 1993, 107 Stat. 2222; Pub. L. 104–227,
title II, § 201(f), Oct. 2, 1996, 110 Stat. 3043; Pub.
L. 110–280, § 10, July 21, 2008, 122 Stat. 2615; Pub.
L. 113–281, title III, § 320(c), Dec. 18, 2014, 128
Stat. 3054.)
CODIFICATION
In subsec. (e), ‘‘section 60105 of title 46’’ substituted
for ‘‘section 4197 of the Revised Statutes of the United
States (46 U.S.C. App. 91)’’ on authority of Pub. L.
109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.
AMENDMENTS
2014—Subsec. (g). Pub. L. 113–281 added subsec. (g).
2008—Pub. L. 110–280, § 10(1), substituted ‘‘MARPOL
Protocol,’’ for ‘‘MARPOL Protocol,,’’ wherever appearing in subsecs. (a), (b), and (d).
Subsec. (b). Pub. L. 110–280, § 10(2)(C), in concluding
provisions, inserted ‘‘or the Administrator as provided
for in this chapter’’ after ‘‘Secretary,’’ and ‘‘, or the
Administrator as provided for in this chapter,’’ after
‘‘Secretary’’ in two places.
Pub. L. 110–280, § 10(2)(A), in introductory provisions,
inserted ‘‘or the Administrator as provided for in this
chapter,’’ after ‘‘Secretary,’’.
Subsec. (b)(2). Pub. L. 110–280, § 10(2)(B), inserted ‘‘, or
the Administrator as provided for in this chapter,’’
after ‘‘Secretary’’.

Page 624

Subsec. (c). Pub. L. 110–280, § 10(3), inserted ‘‘, or the
Administrator as provided for in this chapter,’’ after
‘‘Secretary’’ in two places.
Subsec. (f). Pub. L. 110–280, § 10(4), inserted ‘‘or the
Administrator as provided for in this chapter’’ after
‘‘Secretary,’’.
1996—Subsec. (a). Pub. L. 104–227, § 201(f)(1), inserted
‘‘, Annex IV to the Antarctic Protocol,’’ after
‘‘MARPOL Protocol,’’.
Subsec. (b). Pub. L. 104–227, § 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, § 201(f)(4), inserted
‘‘, Annex IV to the Antarctic Protocol,’’ after
‘‘MARPOL Protocol,’’.
Subsec. (e). Pub. L. 104–227, § 201(f)(5), inserted
‘‘, Annex IV to the Antarctic Protocol,’’ after
‘‘MARPOL Protocol’’.
Subsec. (f). Pub. L. 104–227, § 201(f)(6), inserted ‘‘or the
Antarctic Protocol’’ after ‘‘MARPOL Protocol’’ in two
places.
1993—Subsec. (e). Pub. L. 103–182 substituted ‘‘shall
refuse or revoke the clearance required by section 91 of
title 46, Appendix. Clearance may be granted upon the
filing of a bond or other surety satisfactory to the Secretary.’’ for ‘‘shall refuse or revoke—
‘‘(1) the clearance required by section 91 of title 46,
Appendix; or
‘‘(2) a permit to proceed under section 313 of title
46, Appendix, or section 1443 of title 19.
Clearance or a permit to proceed may be granted upon
the filing of a bond or other surety satisfactory to the
Secretary.’’
1990—Subsec. (a). Pub. L. 101–380 substituted ‘‘commits a class D felony’’ for ‘‘shall, for each violation, be
fined not more than $50,000 or be imprisoned for not
more than 5 years, or both’’.
1987—Subsec. (a). Pub. L. 100–220, § 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, § 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, § 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.

§ 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.

Page 625

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(b) Action on certain amendments by the Secretary of State
A proposed amendment to Annex I, II, V, or VI
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, or the
Administrator as provided for in this chapter,
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, § 10, Oct. 21, 1980, 94 Stat. 2302;
Pub. L. 100–220, title II, § 2106, Dec. 29, 1987, 101
Stat. 1463; Pub. L. 110–280, § 9, July 21, 2008, 122
Stat. 2615.)
AMENDMENTS
2008—Subsec. (b). Pub. L. 110–280 substituted ‘‘Annex
I, II, V, or VI’’ for ‘‘Annex I, II, or V’’ and inserted ‘‘or
the Administrator as provided for in this chapter,’’
after ‘‘Secretary,’’.
1987—Subsec. (a). Pub. L. 100–220, § 2106(1), substituted
‘‘International Maritime Organization’’ for ‘‘Inter-Governmental Maritime Consultative Organization’’.
Subsec. (b). Pub. L. 100–220, § 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, see section 2002(a) of Pub. L. 100–220, set out as a note under
section 1901 of this title.

§ 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 Administrator where there is
alleged a failure of the Administrator to perform any act or duty under this chapter which
is not discretionary; or

§ 1911

(4) 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 or
the Administrator, and the Attorney General;
or
(2) if the Secretary or the Administrator 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 Attorney General are not parties of record, the United States, through the
Attorney General, shall have the right to intervene.
(Pub. L. 96–478, § 11, Oct. 21, 1980, 94 Stat. 2302;
Pub. L. 110–280, § 12, July 21, 2008, 122 Stat. 2615.)
AMENDMENTS
2008—Subsec. (a)(3), (4). Pub. L. 110–280, § 12(1), added
par. (3) and redesignated former par. (3) as (4).
Subsec. (b)(1). Pub. L. 110–280, § 12(2), substituted
‘‘concerned or the Administrator,’’ for ‘‘concerned,’’.
Subsec. (b)(2). Pub. L. 110–280, § 12(3), inserted ‘‘or the
Administrator’’ after ‘‘Secretary’’.

§ 1911. Effect on other laws
Authorities, requirements, and remedies of
this chapter supplement and neither amend nor
repeal any other authorities, requirements, or
remedies conferred by any other provision of
law. Nothing in this chapter shall limit, deny,
amend, modify, or repeal any other authority,
requirement, or remedy available to the United
States or any other person, except as expressly
provided in this chapter.
(Pub. L. 96–478, § 15, Oct. 21, 1980, 94 Stat. 2303;
Pub. L. 110–280, § 11, July 21, 2008, 122 Stat. 2615.)

§ 1912

TITLE 33—NAVIGATION AND NAVIGABLE WATERS
AMENDMENTS

2008—Pub. L. 110–280 amended section generally. Prior
to amendment, section read as follows: ‘‘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.’’

out as an Effective Date of 1987 Amendment note under
section 1901 of this title.
The Act to Prevent Pollution from Ships, referred to
in subsec. (a), is Pub. L. 96–478, Oct. 21, 1980, 94 Stat.
2297, as amended, which is classified principally to this
chapter (§ 1901 et seq.). For complete classification of
this Act to the Code, see Short Title note set out under
section 1901 of this title and Tables.

§ 1912. International law
Any action taken under this chapter shall be
taken in accordance with international law.
(Pub. L. 96–478, § 17, as added Pub. L. 100–220,
title II, § 2108, Dec. 29, 1987, 101 Stat. 1464.)
§ 1913. Compliance reports
(a) In general
Within 1 year after the effective date of this
section, and triennially thereafter, the Secretary of the department in which the Coast
Guard is operating, in consultation with the
Secretary of Agriculture and the Secretary of
Commerce, shall report to the Congress regarding compliance with Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, in United States waters
and, not later than 1 year after October 19, 1996,
and annually thereafter, shall publish in the
Federal Register a list of the enforcement actions taken against any domestic or foreign ship
(including any commercial or recreational ship)
pursuant to the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.).
(b) Report on inability to comply
Within 3 years after the effective date of this
section, the head of each Federal agency that
operates or contracts for the operation of any
ship referred to in section 3(b)(1)(A) of the Act
to Prevent Pollution from Ships [33 U.S.C.
1902(b)(1)(A)] that may not be able to comply
with the requirements of that section shall report to the Congress describing—
(1) the technical and operational impediments to achieving that compliance;
(2) an alternative schedule for achieving
that compliance as rapidly as is technologically feasible;
(3) the ships operated or contracted for operation by the agency for which full compliance
with section 3(b)(2)(A) [33 U.S.C. 1902(b)(2)(A)]
is not technologically feasible; and
(4) any other information which the agency
head considers relevant and appropriate.
(c) Congressional action
Upon receipt of the compliance report under
subsection (b), the Congress shall modify the applicability of Annex V to ships referred to in
section 3(b)(1)(A) of the Act to Prevent Pollution from Ships [33 U.S.C. 1902(b)(1)(A)], as may
be appropriate with respect to the requirements
of Annex V to the Convention.
(Pub. L. 100–220, title II, § 2201, Dec. 29, 1987, 101
Stat. 1464; Pub. L. 104–66, title I, § 1121(c), Dec. 21,
1995, 109 Stat. 724; Pub. L. 104–324, title VIII,
§ 802(a), Oct. 19, 1996, 110 Stat. 3944.)
REFERENCES IN TEXT
For effective date of this section, referred to in subsecs. (a) and (b), see section 2002 of Pub. L. 100–220, set

Page 626

CODIFICATION
Section was formerly set out as a note under section
1902 of this title.
Section was enacted as part of the Marine Plastic
Pollution Research and Control Act of 1987 and as part
of the United States-Japan Fishery Agreement Approval Act of 1987, and not as part of the Act to Prevent
Pollution from Ships which comprises this chapter.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–324 struck out ‘‘for a period of 6 years’’ after ‘‘triennially thereafter’’ and inserted ‘‘and, not later than 1 year after October 19, 1996,
and annually thereafter, shall publish in the Federal
Register a list of the enforcement actions taken
against any domestic or foreign ship (including any
commercial or recreational ship) pursuant to the Act
to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)’’
before period at end.
1995—Subsec. (a). Pub. L. 104–66 substituted ‘‘triennially’’ for ‘‘biennially’’.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1914. Transferred
Section, Pub. L. 100–220, title II, § 2203, Dec. 29, 1987,
101 Stat. 1466; Pub. L. 104–324, title VIII, § 802(b), Oct. 19,
1996, 110 Stat. 3944; Pub. L. 109–449, § 5(a), Dec. 22, 2006,
120 Stat. 3337, was redesignated section 5 of Pub. L.
109–449 and transferred to section 1954 of this title.

§ 1915. Repealed. Pub. L. 112–213, title
§ 604(d), Dec. 20, 2012, 126 Stat. 1577

VI,

Section, Pub. L. 100–220, title II, § 2204, Dec. 29, 1987,
101 Stat. 1466; Pub. L. 104–324, title VIII, § 802(c), Oct. 19,
1996, 110 Stat. 3945, related to creation of a plastic pollution public education program.

CHAPTER 33A—MARINE DEBRIS RESEARCH,
PREVENTION, AND REDUCTION
Sec.

1951.
1952.
1953.
1954.
1955.
1956.
1957.
1958.

Purpose.
NOAA Marine Debris Program.
Coast Guard program.
Coordination.
Federal information clearinghouse.
Definitions.
Relationship to Outer Continental
Lands Act.
Authorization of appropriations.

Shelf

§ 1951. Purpose
The purpose of this chapter is to address the
adverse impacts of marine debris on the United
States economy, the marine environment, and
navigation safety through the identification, determination of sources, assessment, prevention,
reduction, and removal of marine debris.