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CITE

    33 USC Sec. 1908                                            01/05/2009

EXPCITE

    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

HEAD

    Sec. 1908. Penalties for violations

STATUTE

    (a) Criminal penalties; payment for information leading to
      conviction
      A person who knowingly violates the MARPOL Protocol, Annex IV to
    the Antarctic Protocol, this chapter, or the regulations issued
    thereunder commits a class D felony. In the discretion of the
    Court, an amount equal to not more than  1/2  of such fine may be
    paid to the person giving information leading to conviction.
    (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) of this
    section or civil penalty assessed pursuant to subsection (b) of
    this section, and may be proceeded against in the United States
    district court of any district in which the ship may be found.
    (e) Ship clearance or permits; refusal or revocation; bond or other
      surety
      If any ship subject to the MARPOL Protocol, Annex IV to the
    Antarctic Protocol, or this chapter, its owner, operator, or person
    in charge is liable for a fine or civil penalty under this section,
    or if reasonable cause exists to believe that the ship, its owner,
    operator, or person in charge may be subject to a fine or civil
    penalty under this section, the Secretary of the Treasury, upon the
    request of the Secretary, shall refuse or revoke the clearance
    required by section 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.

SOURCE

    (Pub. L. 96-478, Sec. 9, Oct. 21, 1980, 94 Stat. 2301; Pub. L. 100-
    220, title II, Sec. 2105, Dec. 29, 1987, 101 Stat. 1463; Pub. L.
    101-380, title IV, Sec. 4302(n), Aug. 18, 1990, 104 Stat. 539; Pub.
    L. 103-182, title VI, Sec. 688, Dec. 8, 1993, 107 Stat. 2222; Pub.
    L. 104-227, title II, Sec. 201(f), Oct. 2, 1996, 110 Stat. 3043;
    Pub. L. 110-280, Sec. 10, July 21, 2008, 122 Stat. 2615.)

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, Sec. 18(c), Oct.
    6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title
    46, Shipping.

AMENDMENTS

      2008 - Pub. L. 110-280, Sec. 10(1), substituted "MARPOL
    Protocol," for "MARPOL Protocol,," wherever appearing in subsecs.
    (a), (b), and (d).
      Subsec. (b). Pub. L. 110-280, Sec. 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, Sec. 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, Sec. 10(2)(B), inserted ", or
    the Administrator as provided for in this chapter," after
    "Secretary".
      Subsec. (c). Pub. L. 110-280, Sec. 10(3), inserted ", or the
    Administrator as provided for in this chapter," after "Secretary"
    in two places.
      Subsec. (f). Pub. L. 110-280, Sec. 10(4), inserted "or the
    Administrator as provided for in this chapter" after "Secretary,".
      1996 - Subsec. (a). Pub. L. 104-227, Sec. 201(f)(1), inserted ",
    Annex IV to the Antarctic Protocol," after "MARPOL Protocol,".
      Subsec. (b). Pub. L. 104-227, Sec. 201(f)(2), (3), inserted ",
    Annex IV to the Antarctic Protocol," after "MARPOL Protocol," in
    pars. (1) and (2).
      Subsec. (d). Pub. L. 104-227, Sec. 201(f)(4), inserted ", Annex
    IV to the Antarctic Protocol," after "MARPOL Protocol,".
      Subsec. (e). Pub. L. 104-227, Sec. 201(f)(5), inserted ", Annex
    IV to the Antarctic Protocol," after "MARPOL Protocol".
      Subsec. (f). Pub. L. 104-227, Sec. 201(f)(6), inserted "or the
    Antarctic Protocol" after "MARPOL Protocol" in two places.
      1993 - Subsec. (e). Pub. L. 103-182 substituted "shall refuse or
    revoke the clearance required by section 91 of title 46, Appendix.
    Clearance may be granted upon the filing of a bond or other surety
    satisfactory to the Secretary." for "shall refuse or revoke -
        "(1) the clearance required by section 91 of title 46,
      Appendix; or
        "(2) a permit to proceed under section 313 of title 46,
      Appendix, or section 1443 of title 19.
    Clearance or a permit to proceed may be granted upon the filing of
    a bond or other surety satisfactory to the Secretary."
      1990 - Subsec. (a). Pub. L. 101-380 substituted "commits a class
    D felony" for "shall, for each violation, be fined not more than
    $50,000 or be imprisoned for not more than 5 years, or both".
      1987 - Subsec. (a). Pub. L. 100-220, Sec. 2105(a)(1), inserted at
    end "In the discretion of the Court, an amount equal to not more
    than  1/2  of such fine may be paid to the person giving
    information leading to conviction."
      Subsec. (b). Pub. L. 100-220, Sec. 2105(a)(2), inserted at end
    "An amount equal to not more than  1/2  of such penalties may be
    paid by the Secretary to the person giving information leading to
    the assessment of such penalties."
      Subsec. (f). Pub. L. 100-220, Sec. 2105(b), substituted "to the
    government of the country of the ship's registry or nationality, or
    under whose authority the ship is operating" for "to that country".
                     EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of this title.
                     EFFECTIVE DATE OF 1987 AMENDMENT
      Amendment by Pub. L. 100-220 effective Dec. 31, 1988, the date on
    which Annex V to the International Convention for the Prevention of
    Pollution from Ships, 1973, entered into force for the United
    States, see section 2002(a) of Pub. L. 100-220, set out as a note
    under section 1901 of this title.
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