US (United States) Code. Title 33. Chapter 33: Prevention of pollution from ship

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Navigation and navigable waters

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-CITE-

33 USC CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-MISC1-

Sec.

1901. Definitions.

1902. Ships subject to preventive measures.

(a) Included vessels.

(b) Excluded vessels.

(c) Discharges in special areas.

(d) Regulations.

(e) Compliance by excluded vessels.

(f) Waiver authority.

(g) Noncommercial shipping standards.

1902a. Discharge of agricultural cargo residue.

1903. Administration and enforcement.

(a) Duty of Secretary; Annexes of Convention

applicable to seagoing vessels.

(b) Regulations; refuse record books; waste

management plans; notification of crew and

passengers.

(c) Utilization of personnel, facilities, or

equipment of other Federal departments and

agencies.

1904. Certificates.

(a) Issuance by authorized designees; restriction

on issuance.

(b) Validity of foreign certificates.

(c) Location onboard vessel; inspection of vessels

subject to jurisdiction of the United States.

(d) Onboard inspections; other Federal inspection

authority unaffected.

(e) Detention orders; duration of detention;

shipyard option.

(f) Ship clearance or permits; refusal or

revocation.

(g) Review of detention orders; petition;

determination by Secretary.

(h) Compensation for loss or damage.

1905. Pollution reception facilities.

(a) Adequacy; criteria.

(b) Traffic considerations.

(c) Certificate; issuance; validity; inspection;

review of suspension or revocation by

Secretary.

(d) Publication of list of certificated ports or

terminals.

(e) Entry; denial.

(f) Surveys.

1906. Incidents involving ships.

(a) Requirement to report incident.

(b) Requirement to report discharge, probable

discharge, or presence of oil.

1907. Violations.

(a) General prohibition; cooperation and

enforcement; detection and monitoring

measures; reports; evidence.

(b) Investigations; subpenas: issuance by

Secretary, enforcement; action by Secretary;

information to party.

(c) Ship inspections; reports to Secretary;

additional action.

(d) Garbage disposal inspections; covered ships;

enforcement actions.

(e) Harmful substance or garbage disposal

inspections; covered ships; enforcement

actions.

(f) Supplemental remedies and requirements; other

provisions and available remedies unaffected.

1908. Penalties for violations.

(a) Criminal penalties; payment for information

leading to conviction.

(b) Civil penalties; separate violations;

assessment notice; considerations affecting

amount; payment for information leading to

assessment of penalty.

(c) Abatement of civil penalties; collection by

Attorney General.

(d) Liability in rem; district court jurisdiction.

(e) Ship clearance or permits; refusal or

revocation; bond or other surety.

(f) Referrals for appropriate action by foreign

country.

1909. MARPOL Protocol; proposed amendments.

(a) Acceptance of certain amendments by the

President.

(b) Action on certain amendments by the Secretary

of State.

(c) Declaration of nonacceptance by the Secretary

of State.

1910. Legal actions.

(a) Persons with adversely affected interests as

plaintiffs; defendants.

(b) Commencement conditions.

(c) Venue.

(d) Costs; attorney fees; witness fees.

(e) Federal intervention.

1911. Authority of Secretary under port and tanker safety

program unaffected.

1912. International law.

1913. Compliance reports.

(a) In general.

(b) Report on inability to comply.

(c) Congressional action.

1914. Coordination.

(a) Establishment of Marine Debris Coordinating

Committee.

(b) Membership.

(c) Meetings.

(d) Monitoring.

1915. Plastic pollution public education program.

(a) Outreach program.

(b) Citizen Pollution Patrols.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1902a, 1913, 1914, 1915

of this title; title 16 sections 2403, 2405; title 18 section 1956.

-End-

-CITE-

33 USC Sec. 1901 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

Sec. 1901. Definitions

-STATUTE-

(a) Unless the context indicates otherwise, as used in this

chapter -

(1) "Antarctica" means the area south of 60 degrees south

latitude;

(2) "Antarctic Protocol" means the Protocol on Environmental

Protection to the Antarctic Treaty, signed October 4, 1991, in

Madrid, and all annexes thereto, and includes any future

amendments thereto which have entered into force;

(3) "MARPOL Protocol" means the Protocol of 1978 relating to

the International Convention for the Prevention of Pollution from

Ships, 1973, and includes the Convention;

(4) "Convention" means the International Convention for the

Prevention of Pollution from Ships, 1973, including Protocols I

and II and Annexes I, II, and V thereto, including any

modification or amendments to the Convention, Protocols, or

Annexes which have entered into force for the United States;

(5) "discharge" and "garbage" and "harmful substance" and

"incident" shall have the meanings provided in the Convention;

(6) "owner" means any person holding title to, or in the

absence of title, any other indicia of ownership of, a ship or

terminal, but does not include a person who, without

participating in the management or operation of a ship or

terminal, holds indicia of ownership primarily to protect a

security interest in the ship or terminal;

(7) "operator" means -

(a) in the case of a ship, a charterer by demise or any other

person, except the owner, who is responsible for the operation,

manning, victualing, and supplying of the vessel, or

(b) in the case of a terminal, any person, except the owner,

responsible for the operation of the terminal by agreement with

the owner;

(8) "person" means an individual, firm, public or private

corporation, partnership, association, State, municipality,

commission, political subdivision of a State, or any interstate

body;

(9) "Secretary" means the Secretary of the department in which

the Coast Guard is operating;

(10) "ship" means a vessel of any type whatsoever, including

hydrofoils, air-cushion vehicles, submersibles, floating craft

whether self-propelled or not, and fixed or floating platforms;

(11) "submersible" means a submarine, or any other vessel

designed to operate under water; and

(12) "terminal" means an onshore facility or an offshore

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.

-SOURCE-

(Pub. L. 96-478, Sec. 2, Oct. 21, 1980, 94 Stat. 2297; Pub. L.

100-220, title II, Sec. 2101, Dec. 29, 1987, 101 Stat. 1460; Pub.

L. 103-160, div. A, title X, Sec. 1003(f), Nov. 30, 1993, 107 Stat.

1748; Pub. L. 104-227, title II, Sec. 201(a), Oct. 2, 1996, 110

Stat. 3042.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, known

as the "Act to Prevent Pollution from Ships". For complete

classification of this Act to the Code, see Short Title note below

and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-227, Sec. 201(a)(1), (2), added

pars. (1) and (2) and redesignated former pars. (1) to (10) as (3)

to (12), respectively.

Subsec. (c). Pub. L. 104-227, Sec. 201(a)(3), added subsec. (c).

1993 - Subsec. (a)(9), (10). Pub. L. 103-160 added par. (9) and

redesignated former par. (9) as (10).

1987 - Subsec. (a). Pub. L. 100-220, Sec. 2101(1), designated

existing provisions as subsec. (a).

Subsec. (a)(1). Pub. L. 100-220, Sec. 2101(2), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: " 'MARPOL

Protocol' means the Protocol of 1978 Relating to the International

Convention for the Prevention of Pollution from Ships, 1973, done

at London on February 17, 1978. This Protocol incorporates and

modifies the International Convention for the Prevention of

Pollution from Ships, 1973, done at London on November 2, 1973;".

Subsec. (a)(2). Pub. L. 100-220, Sec. 2101(3), substituted

"Annexes I, II, and V thereto, including any modification or

amendments to the Convention, Protocols, or Annexes which have

entered into force for the United States" for "Annexes I and II

attached thereto".

Subsec. (a)(3). Pub. L. 100-220, Sec. 2101(4), inserted "and

'garbage' ".

Subsec. (b). Pub. L. 100-220, Sec. 2101(5), added subsec. (b).

EFFECTIVE DATE OF 1987 AMENDMENT

Section 2002 of title II of Pub. L. 100-220 provided that:

"(a) In General. - Except as provided in subsections (b) and (c),

this title [enacting sections 1912 to 1915 of this title, amending

this section and sections 1902, 1903, 1905, and 1907 to 1909 of

this title, and enacting provisions set out as notes under this

section, section 2267 of this title, and section 6981 of Title 42,

The Public Health and Welfare] shall be effective on the date on

which Annex V to the International Convention for the Prevention of

Pollution from Ships, 1973, enters into force for the United

States. [Annex V entered into force for the United States Dec. 31,

1988.]

"(b) Exceptions. - Sections 2001, 2002, 2003, 2108, 2202, 2203,

2204, and subtitle C of this title [enacting sections 1912, 1914,

and 1915 of this title, and provisions set out as notes under this

section, section 2267 of this title, and section 6981 of Title 42]

shall be effective on the date of the enactment of this title [Dec.

29, 1987].

"(c) Issuance of Regulations. -

"(1) In general. - The authority to prescribe regulations

pursuant to this title shall be effective on the date of

enactment of this title [Dec. 29, 1987].

"(2) Effective date of regulations. - Any regulation prescribed

pursuant to this title shall not be effective before the

effective date of the provision of this title under which the

regulation is prescribed."

EFFECTIVE DATE

Section 14(a), (b) of Pub. L. 96-478 provided:

"(a) Except as provided in subsection (b) of this section, this

Act [see Short Title note below] is effective upon the date of

enactment [Oct. 21, 1980], or on the date the MARPOL Protocol

becomes effective as to the United States, whichever is later. [The

MARPOL Protocol became effective as to the United States Oct. 2,

1983.]

"(b) The Secretary and the heads of Federal departments shall

have the authority to issue regulations, standards, and

certifications under sections 3(c), 3(d), 4(b), 5(a), 6(a), 6(c),

and 6(f) [sections 1902(c), (d), 1903(b), 1904(a), and 1905(a),

(c), (f) of this title] effective on the date of enactment of this

Act [Oct. 21, 1980]. Section 13(a)(2) [amending section 391a(3)(E)

of former Title 46, Shipping] is effective upon the date of

enactment of this Act [Oct. 21, 1980]."

SHORT TITLE OF 1987 AMENDMENT

Section 2001 of title II of Pub. L. 100-220 provided that: "This

title [see Effective Date of 1987 Amendment note above] may be

cited as the 'Marine Plastic Pollution Research and Control Act of

1987'."

SHORT TITLE

Section 1 of Pub. L. 96-478 provided: "That this Act [enacting

this chapter, amending section 1321 of this title and section

742c(c) of Title 16, Conservation, and section 391a of former Title

46, Shipping, repealing sections 1001 to 1011 and 1013 to 1016 of

this title, and enacting provisions set out as notes under section

1001 of this title, and section 742c of Title 16] may be cited as

the 'Act to Prevent Pollution from Ships'."

SAVINGS PROVISION: REGULATIONS IN EFFECT UNTIL SUPERSEDED

Section 14(c) of Pub. L. 96-478 provided that: "Any rights or

liabilities existing on the effective date of this Act [see

Effective Date note above] shall not be affected by this enactment

[see Short Title note above]. Any regulations or procedures

promulgated or effected pursuant to the Oil Pollution Act, 1961, as

amended [section 1001 et seq. of this title], remain in effect

until modified or superseded by regulations promulgated under the

authority of the MARPOL Protocol or this Act."

-TRANS-

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.

-MISC2-

STUDY AND REGULATION OF GREAT LAKES CARGO RESIDUES

Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 1117(b), (c)], Dec.

21, 2000, 114 Stat. 2763, 2763A-209, provided that:

"(b) The Secretary shall conduct a study of the effectiveness of

the United States 1997 Enforcement Policy for Cargo Residues on the

Great Lakes ('Policy') by September 30, 2002.

"(c) The Secretary is authorized to promulgate regulations to

implement and enforce a program to regulate incidental discharges

from vessels of residues of non-hazardous and non-toxic dry bulk

cargo into the waters of the Great Lakes, which takes into account

the finding in the study required under subsection (b). This

program shall be consistent with the Policy."

CERTAIN ALASKAN CRUISE SHIP OPERATIONS

Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XIV], Dec. 21, 2000,

114 Stat. 2763, 2763A-315, provided that:

"SEC. 1401. PURPOSE.

"The purpose of this title is to:

"(1) Ensure that cruise vessels operating in the waters of the

Alexander Archipelago and the navigable waters of the United

States within the State of Alaska and within the Kachemak Bay

National Estuarine Research Reserve comply with all applicable

environmental laws, including, but not limited to, the Federal

Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.),

the Act to Prevent Pollution from Ships, as amended (33 U.S.C.

1901 et seq.), and the protections contained within this title.

"(2) Ensure that cruise vessels do not discharge untreated

sewage within the waters of the Alexander Archipelago, the

navigable waters of the United States in the State of Alaska, or

within the Kachemak Bay National Estuarine Research Reserve.

"(3) Prevent the unregulated discharge of treated sewage and

graywater while in ports in the State of Alaska or traveling near

the shore in the Alexander Archipelago and the navigable waters

of the United States in the State of Alaska or within the

Kachemak Bay National Estuarine Research Reserve.

"(4) Ensure that discharges of sewage and graywater from cruise

vessels operating in the Alexander Archipelago and the navigable

waters of the United States in the State of Alaska or within the

Kachemak Bay National Estuarine Research Reserve can be monitored

for compliance with the requirements contained in this title.

"SEC. 1402. APPLICABILITY.

"This title applies to all cruise vessels authorized to carry 500

or more passengers for hire.

"SEC. 1403. PROHIBITION ON DISCHARGE OF UNTREATED SEWAGE.

"No person shall discharge any untreated sewage from a cruise

vessel into the waters of the Alexander Archipelago or the

navigable waters of the United States within the State of Alaska or

within the Kachemak Bay National Estuarine Research Reserve.

"SEC. 1404. LIMITATIONS ON DISCHARGE OF TREATED SEWAGE OR

GRAYWATER.

"(a) No person shall discharge any treated sewage or graywater

from a cruise vessel into the waters of the Alexander Archipelago

or the navigable waters of the United States within the State of

Alaska or within the Kachemak Bay National Estuarine Research

Reserve unless -

"(1) the cruise vessel is underway and proceeding at a speed of

not less than six knots;

"(2) the cruise vessel is not less than one nautical mile from

the nearest shore, except in areas designated by the Secretary,

in consultation with the State of Alaska;

"(3) the discharge complies with all applicable cruise vessel

effluent standards established pursuant to this title and any

other applicable law; and

"(4) the cruise vessel is not in an area where the discharge of

treated sewage or graywater is prohibited.

"(b) The Administrator, in consultation with the Secretary, may

promulgate regulations allowing the discharge of treated sewage or

graywater, otherwise prohibited under paragraphs (a)(1) and (a)(2)

of this section, where the discharge meets effluent standards

determined by the Administrator as appropriate for discharges into

the marine environment. In promulgating such regulations, the

Administrator shall take into account the best available scientific

information on the environmental effects of the regulated

discharges. The effluent discharge standards promulgated under this

section shall, at a minimum, be consistent with all relevant State

of Alaska water quality standards in force at the time of the

enactment of this title [Dec. 21, 2000].

"(c) Until such time as the Administrator promulgates regulations

under paragraph (b) of this section, treated sewage and graywater

may be discharged from vessels subject to this title in

circumstances otherwise prohibited under paragraphs (a)(1) and

(a)(2) of this section, provided that -

"(1) the discharge satisfies the minimum level of effluent

quality specified in 40 CFR 133.102, as in effect on the date of

enactment of this section [Dec. 21, 2000];

"(2) the geometric mean of the samples from the discharge

during any 30-day period does not exceed 20 fecal coliform/100 ml

and not more than 10 percent of the samples exceed 40 fecal

coliform/100 ml;

"(3) concentrations of total residual chlorine may not exceed

10.0 mg/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 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.

"(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 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 any individual who furnishes information which

leads to the payment of the penalty or fine. If several

individuals provide such information, the amount shall be divided

equitably among such individuals. No officer or employee of the

United States, the State of Alaska or any federally recognized

Tribe who furnishes information or renders service in the

performance of his or her official duties shall be eligible for

payment under this subsection.

"(2) The Secretary, Administrator or the court, when assessing

any fines or civil penalties, as the case may be, may pay, from

any fines or civil penalties collected under this section, to the

State of Alaska or to any federally recognized Tribe providing

information or investigative assistance which leads to payment of

the penalty or fine, an amount which reflects the level of

information or investigative assistance provided. Should the

State of Alaska or a federally recognized Tribe and an individual

under paragraph (1) of this section be eligible for an award, the

Secretary, the Administrator, or the court, as the case may be,

shall divide the amount equitably.

"(f) Liability in Rem. - A cruise vessel operated in violation of

this title or the regulations issued thereunder is liable in rem

for any fine imposed under subsection (d) of this section or for

any civil penalty imposed under subsections (a) or (b) of this

section, and may be proceeded against in the United States district

court of any district in which the cruise vessel may be found.

"(g) Compliance Orders. -

"(1) In general. - Whenever on the basis of any information

available to him the Administrator finds that any person is in

violation of section 1403, 1404, 1408, or 1413 of this title, or

any regulations promulgated pursuant to this title, the

Administrator shall issue an order requiring such person to

comply with such section or requirement, or shall bring a civil

action in accordance with subsection (b).

"(2) Copies of orders, service. - A copy of any order issued

under this subsection shall be sent immediately by the

Administrator to the State of Alaska. In any case in which an

order under this subsection is issued to a corporation, a copy of

such order shall be served on any appropriate corporate officer.

Any order issued under this subsection shall be by personal

service, shall state with reasonable specificity the nature of

the violation, and shall specify a time for compliance not to

exceed 30 days in the case of a violation of an interim

compliance schedule or operation and maintenance requirement and

not to exceed a time the Administrator determines to be

reasonable in the case of a violation of a final deadline, taking

into account the seriousness of the violation and any good faith

efforts to comply with applicable requirements.

"(h) Civil Actions. - The Administrator is authorized to commence

a civil action for appropriate relief, including a permanent or

temporary injunction, for any violation for which he is authorized

to issue a compliance order under this subsection. Any action under

subsection (h) may be brought in the district court of the United

States for the district in which the defendant is located or

resides or is doing business, and such court shall have

jurisdiction to restrain such violation and to require compliance.

Notice of the commencement of such action shall be given

immediately to the State of Alaska.

"SEC. 1410. DESIGNATION OF CRUISE VESSEL NO-DISCHARGE ZONES.

"If the State of Alaska determines that the protection and

enhancement of the quality of some or all of the waters of the

Alexander Archipelago or the navigable waters of the United States

within the State of Alaska or within the Kachemak Bay National

Estuarine Research Reserve require greater environmental

protection, the State of Alaska may petition the Administrator to

prohibit the discharge of graywater and sewage from cruise vessels

operating in such waters. The establishment of such a prohibition

shall be achieved in the same manner as the petitioning process and

prohibition of the discharge of sewage pursuant to section 312(f)

of the Federal Water Pollution Control Act [33 U.S.C. 1322(f)], as

amended, and the regulations promulgated thereunder.

"SEC. 1411. SAVINGS CLAUSE.

"(a) Nothing in this title shall be construed as restricting,

affecting, or amending any other law or the authority of any

department, instrumentality, or agency of the United States.

"(b) Nothing in this title shall in any way affect or restrict,

or be construed to affect or restrict, the authority of the State

of Alaska or any political subdivision thereof -

"(1) to impose additional liability or additional requirements;

or

"(2) to impose, or determine the amount of a fine or penalty

(whether criminal or civil in nature) for any violation of law;

relating to the discharge of sewage (whether treated or

untreated) or graywater in the waters of the Alexander

Archipelago and the navigable waters of the United States within

the State of Alaska or within the Kachemak Bay National Estuarine

Research Reserve.

"SEC. 1412. REGULATIONS.

"The Secretary and the Administrator each may prescribe any

regulations necessary to carry out the provisions of this title.

"SEC. 1413. INFORMATION GATHERING AUTHORITY.

"The authority of sections 308(a) and (b) of the Federal Water

Pollution Control Act [33 U.S.C. 1318(a), (b)], as amended, shall

be available to the Administrator to carry out the provisions of

this title. The Administrator and the Secretary shall minimize, to

the extent practicable, duplication of or inconsistency with the

inspection, sampling, testing, recordkeeping, and reporting

requirements established by the Secretary under section 1406 of

this title.

"SEC. 1414. DEFINITIONS.

"In this title:

"(1) Administrator. - The term 'Administrator' means the

Administrator of the United States Environmental Protection

Agency.

"(2) Cruise vessel. - The term 'cruise vessel' means a

passenger vessel as defined in section 2101(22) of title 46,

United States Code. The term 'cruise vessel' does not include a

vessel of the United States operated by the Federal Government or

a vessel owned and operated by the government of a State.

"(3) Discharge. - The term 'discharge' means any release

however caused from a cruise vessel, and includes any escape,

disposal, spilling, leaking, pumping, emitting, or emptying.

"(4) Graywater. - The term 'graywater' means only galley,

dishwasher, bath, and laundry waste water. The term does not

include other wastes or waste streams.

"(5) Navigable waters. - The term 'navigable waters' has the

same meaning as in section 502 of the Federal Water Pollution

Control Act [33 U.S.C. 1362], as amended.

"(6) Person. - The term 'person' means an individual,

corporation, partnership, limited liability company, association,

State, municipality, commission, or political subdivision of a

State, or any federally recognized tribe.

"(7) Secretary. - The term 'Secretary' means the Secretary of

the department in which the United States Coast Guard is

operating.

"(8) Sewage. - The term 'sewage' means human body wastes and

the wastes from toilets and other receptacles intended to receive

or retain body waste.

"(9) Treated sewage. - The term 'treated sewage' means sewage

meeting all applicable effluent limitation standards and

processing requirements of the Federal Water Pollution Control

Act [33 U.S.C. 1251 et seq.], as amended[,] and of this title,

and regulations promulgated under either.

"(10) Untreated sewage. - The term 'untreated sewage' means

sewage that is not treated sewage.

"(11) Waters of the Alexander Archipelago. - The term 'waters

of the Alexander Archipelago' means all waters under the

sovereignty of the United States within or near Southeast Alaska,

beginning at a point 58&#186;<!-- degrees -->1141N, 136&#186;<!--

degrees -->3925W [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&#186;<!-- degrees -->0517N, 136&#186;<!-- degrees

-->3349W and 58&#186;<!-- degrees -->1141N, 136&#186;<!--

degrees -->3925W [Cross Sound].

"(2) 56&#186;<!-- degrees -->0940N, 134&#186;<!-- degrees

-->4000W and 55&#186;<!-- degrees -->4915N, 134&#186;<!--

degrees -->1740W [Chatham Strait].

"(3) 55&#186;<!-- degrees -->4915N, 134&#186;<!-- degrees

-->1740W and 55&#186;<!-- degrees -->5030N, 133&#186;<!--

degrees -->5415W [Sumner Strait].

"(4) 54&#186;<!-- degrees -->4130N, 132&#186;<!-- degrees

-->0100W and 54&#186;<!-- degrees -->5130N, 131&#186;<!--

degrees -->2045W [Clarence Strait].

"(5) 54&#186;<!-- degrees -->5130N, 131&#186;<!-- degrees

-->2045W and 54&#186;<!-- degrees -->4615N, 130&#186;<!--

degrees -->5200W [Revillagigedo Channel].

"The portion of each such geodesic situated beyond three nautical

miles from the baseline from which the breadth of the territorial

sea is measured forms the outer limit of the waters of the

Alexander Archipelago in those five locations."

PREEMPTION; ADDITIONAL STATE REQUIREMENTS

Section 2003 of title II of Pub. L. 100-220 provided that:

"(a) Preemption. - Except as specifically provided in this title

[see Effective Date of 1987 Amendment note above], nothing in this

title shall be interpreted or construed to supersede or preempt any

other provision of Federal or State law, either statutory or

common.

"(b) Additional State Requirements. - Nothing in this title shall

be construed or interpreted as preempting any State from imposing

any additional requirements."

-End-

-CITE-

33 USC Sec. 1902 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

Sec. 1902. Ships subject to preventive measures

-STATUTE-

(a) Included vessels

This chapter shall apply -

(1) to a ship of United States registry or nationality, or one

operated under the authority of the United States, wherever

located;

(2) with respect to Annexes I and II to the Convention, to a

ship, other than a ship referred to in paragraph (1), while in

the navigable waters of the United States;

(3) with respect to the requirements of Annex V to the

Convention, to a ship, other than a ship referred to in paragraph

(1), while in the navigable waters or the exclusive economic zone

of the United States; and

(4) with respect to regulations prescribed under section 1905

of this title, any port or terminal in the United States.

(b) Excluded vessels

(1) Except as provided in paragraph (2), this chapter shall not

apply to -

(A) a warship, naval auxiliary, or other ship owned or operated

by the United States when engaged in noncommercial service; or

(B) any other ship specifically excluded by the MARPOL Protocol

or the Antarctic Protocol.

(2)(A) Notwithstanding any provision of the MARPOL Protocol, and

subject to subparagraph (B) of this paragraph, the requirements of

Annex V to the Convention shall apply as follows:

(i) After December 31, 1993, to all ships referred to in

paragraph (1)(A) of this subsection other than those owned or

operated by the Department of the Navy.

(ii) Except as provided in subsection (c) of this section,

after December 31, 1998, to all ships referred to in paragraph

(1)(A) of this subsection other than submersibles owned or

operated by the Department of the Navy.

(iii) Except as provided in subsection (c) of this section,

after December 31, 2008, to all ships referred to in paragraph

(1)(A) of this subsection.

(B) This paragraph shall not apply during time of war or a

declared national emergency.

(c) Discharges in special areas

(1) Except as provided in paragraphs (2) and (3), not later than

December 31, 2000, all surface ships owned or operated by the

Department of the Navy, and not later than December 31, 2008, all

submersibles owned or operated by the Department of the Navy, shall

comply with the special area requirements of Regulation 5 of Annex

V to the Convention.

(2)(A) Subject to subparagraph (B), any ship described in

subparagraph (C) may discharge, without regard to the special area

requirements of Regulation 5 of Annex V to the Convention, the

following non-plastic, non-floating garbage:

(i) A slurry of seawater, paper, cardboard, or food waste that

is capable of passing through a screen with openings no larger

than 12 millimeters in diameter.

(ii) Metal and glass that have been shredded and bagged so as

to ensure negative buoyancy.

(iii) With regard to a submersible, nonplastic garbage that has

been compacted and weighted to ensure negative buoyancy.

(B)(i) Garbage described in subparagraph (A)(i) may not be

discharged within 3 nautical miles of land.

(ii) Garbage described in clauses (ii) and (iii) of subparagraph

(A) may not be discharged within 12 nautical miles of land.

(C) This paragraph applies to any ship that is owned or operated

by the Department of the Navy that, as determined by the Secretary

of the Navy -

(i) has unique military design, construction, manning, or

operating requirements; and

(ii) cannot fully comply with the special area requirements of

Regulation 5 of Annex V to the Convention because compliance is

not technologically feasible or would impair the operations or

operational capability of the ship.

(3)(A) Not later than December 31, 2000, the Secretary of the

Navy shall prescribe and publish in the Federal Register standards

to ensure that each ship described in subparagraph (B) is, to the

maximum extent practicable without impairing the operations or

operational capabilities of the ship, operated in a manner that is

consistent with the special area requirements of Regulation 5 of

Annex V to the Convention.

(B) Subparagraph (A) applies to surface ships that are owned or

operated by the Department of the Navy that the Secretary plans to

decommission during the period beginning on January 1, 2001, and

ending on December 31, 2005.

(C) At the same time that the Secretary publishes standards under

subparagraph (A), the Secretary shall publish in the Federal

Register a list of the ships covered by subparagraph (B).

(d) Regulations

The Secretary shall prescribe regulations applicable to the ships

of a country not a party to the MARPOL Protocol, including

regulations conforming to and giving effect to the requirements of

Annex V as they apply under subsection (a) of this section, to

ensure that their treatment is not more favorable than that

accorded ships to parties to the MARPOL Protocol.

(e) Compliance by excluded vessels

(1) The Secretary of the Navy shall develop and, as appropriate,

support the development of technologies and practices for solid

waste management aboard ships owned or operated by the Department

of the Navy, including technologies and practices for the reduction

of the waste stream generated aboard such ships, that are necessary

to ensure the compliance of such ships with Annex V to the

Convention on or before the dates referred to in subsections

(b)(2)(A) and (c)(1) of this section.

(2) Notwithstanding any effective date of the application of this

section to a ship, the provisions of Annex V to the Convention with

respect to the disposal of plastic shall apply to ships equipped

with plastic processors required for the long-term collection and

storage of plastic aboard ships of the Navy upon the installation

of such processors in such ships.

(3) Except when necessary for the purpose of securing the safety

of the ship, the health of the ship's personnel, or saving life at

sea, it shall be a violation of this chapter for a ship referred to

in subsection (b)(1)(A) of this section that is owned or operated

by the Department of the Navy:

(A) With regard to a submersible, to discharge buoyant garbage

or plastic.

(B) With regard to a surface ship, to discharge plastic

contaminated by food during the last 3 days before the ship

enters port.

(C) With regard to a surface ship, to discharge plastic, except

plastic that is contaminated by food, during the last 20 days

before the ship enters port.

(4) The Secretary of Defense shall publish in the Federal

Register:

(A) Each year, the amount and nature of the discharges in

special areas, not otherwise authorized under this chapter,

during the preceding year from ships referred to in subsection

(b)(1)(A) of this section owned or operated by the Department of

the Navy.

(B) Beginning on October 1, 1996, and each year thereafter

until October 1, 1998, a list of the names of such ships equipped

with plastic processors pursuant to section 1003(e) of the

National Defense Authorization Act for Fiscal Year 1994.

(f) Waiver authority

The President may waive the effective dates of the requirements

set forth in subsection (c) of this section and in subsection

1003(e) of the National Defense Authorization Act for Fiscal Year

1994 if the President determines it to be in the paramount interest

of the United States to do so. Any such waiver shall be for a

period not in excess of one year. The President shall submit to the

Congress each January a report on all waivers from the requirements

of this section granted during the preceding calendar year,

together with the reasons for granting such waivers.

(g) Noncommercial shipping standards

The heads of Federal departments and agencies shall prescribe

standards applicable to ships excluded from this chapter by

subsection (b)(1) of this section and for which they are

responsible. Standards prescribed under this subsection shall

ensure, so far as is reasonable and practicable without impairing

the operations or operational capabilities of such ships, that such

ships act in a manner consistent with the MARPOL Protocol.

-SOURCE-

(Pub. L. 96-478, Sec. 3, Oct. 21, 1980, 94 Stat. 2297; Pub. L.

100-220, title II, Sec. 2102, Dec. 29, 1987, 101 Stat. 1461; Pub.

L. 103-160, div. A, title X, Sec. 1003(a)-(d), Nov. 30, 1993, 107

Stat. 1745-1747; Pub. L. 104-201, div. A, title III, Sec. 324(a),

(d), Sept. 23, 1996, 110 Stat. 2480, 2481; Pub. L. 104-227, title

II, Sec. 201(b), Oct. 2, 1996, 110 Stat. 3042; Pub. L. 105-261,

div. A, title III, Sec. 326, Oct. 17, 1998, 112 Stat. 1965.)

-REFTEXT-

REFERENCES IN TEXT

Section 1003(e) of the National Defense Authorization Act for

Fiscal Year 1994, referred to in subsecs. (e)(4)(B) and (f), is

section 1003(e) of Pub. L. 103-160, which is set out below.

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(2)(A)(iii). Pub. L. 105-261, Sec. 326(a)(1),

added cl. (iii).

Subsec. (c)(2)(B)(ii). Pub. L. 105-261, Sec. 326(a)(2),

substituted "clauses (ii) and (iii) of subparagraph (A)" for

"subparagraph (A)(ii)".

Subsec. (e)(3)(A). Pub. L. 105-261, Sec. 326(b), struck out

"garbage that contains more than the minimum amount practicable of"

after "buoyant garbage or".

1996 - Subsec. (b)(1)(B). Pub. L. 104-227 inserted "or the

Antarctic Protocol" after "MARPOL Protocol".

Subsec. (c)(1). Pub. L. 104-201, Sec. 324(a)(1), substituted

"Except as provided in paragraphs (2) and (3), not later than" for

"Not later than".

Subsec. (c)(2) to (4). Pub. L. 104-201, Sec. 324(a)(2), added

pars. (2) and (3) and struck out former pars. (2) to (4) which

required the Secretary of the Navy to submit to Congress a plan for

compliance of Navy ships with the requirements set forth in par.

(1) of this subsec. and provided for modification of the

applicability of par. (1) as appropriate.

Subsec. (e)(4)(A). Pub. L. 104-201, Sec. 324(d), amended subpar.

(A) generally. Prior to amendment, subpar. (A) read as follows:

"Beginning on October 1, 1994, and each year thereafter until

October 1, 2000, the amount and nature of the discharges in special

areas, not otherwise authorized under Annex V to the Convention,

during the preceding year from ships referred to in subsection

(b)(1)(A) of this section owned or operated by the Department of

the Navy."

1993 - Subsec. (b)(2)(A). Pub. L. 103-160, Sec. 1003(a),

substituted "as follows:" and cls. (i) to (iii) for "after 5 years

after the effective date of this paragraph to a ship referred to in

paragraph (1)(A)."

Subsecs. (c), (d). Pub. L. 103-160, Sec. 1003(b), added subsec.

(c) and redesignated former subsec. (c) as (d). Former subsec. (d)

redesignated (g).

Subsecs. (e), (f). Pub. L. 103-160, Sec. 1003(c), (d), added

subsecs. (e) and (f).

Subsec. (g). Pub. L. 103-160, Sec. 1003(b)(1), redesignated

subsec. (d) as (g).

1987 - Subsec. (a). Pub. L. 100-220, Sec. 2102(a), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: "This chapter applies to -

"(1) a ship of United States registry or nationality, or one

operated under the authority of the United States, wherever

located;

"(2) a ship registered in or of the nationality of a country

party to the MARPOL Protocol, or one operated under the authority

of a country party to the MARPOL Protocol, while in the navigable

waters of the United States; and

"(3) a ship registered in or of the nationality of a country

not a party to the MARPOL Protocol, under subsection (c) of this

section, while in the navigable waters of the United States."

Subsec. (b). Pub. L. 100-220, Sec. 2102(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "This

chapter does not apply to -

"(1) a warship, naval auxiliary, or other ship owned or

operated by the United States when engaged in noncommercial

service; or

"(2) any other ship specifically excluded by the MARPOL

Protocol."

Subsec. (c). Pub. L. 100-220, Sec. 2102(c), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "The

Secretary shall prescribe regulations applicable to the ships of a

country not a party to the MARPOL Protocol to ensure that their

treatment is not more favorable than that accorded ships of parties

to the MARPOL Protocol."

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-220 effective Dec. 31, 1988, the date on

which Annex V to the International Convention for the Prevention of

Pollution from Ships, 1973, entered into force for the United

States, see section 2002(a) of Pub. L. 100-220, set out as a note

under section 1901 of this title.

EFFECTIVE DATE

Subsecs. (c) and (d) of this section effective Oct. 21, 1980, see

section 14(b) of Pub. L. 96-478, set out as a note under section

1901 of this title.

INSTALLATION SCHEDULE FOR PLASTICS PROCESSOR EQUIPMENT ABOARD

SHIPS; REQUEST FOR PROPOSALS FOR EQUIPMENT

Section 1003(e) of Pub. L. 103-160 provided that:

"(1) Not later than October 1, 1994, the Secretary of the Navy

shall release a request for proposals for equipment (hereinafter in

this subsection referred to as 'plastics processor') required for

the 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1903, 1907, 1913 of this

title.

-End-

-CITE-

33 USC Sec. 1902a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

Sec. 1902a. Discharge of agricultural cargo residue

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-295, title II, Sec. 204, Nov. 25, 2002, 116 Stat.

2094.)

-REFTEXT-

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 (Sec. 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.

-COD-

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.

-End-

-CITE-

33 USC Sec. 1903 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

Sec. 1903. Administration and enforcement

-STATUTE-

(a) Duty of Secretary; Annexes of Convention applicable to seagoing

vessels

Unless otherwise specified in this chapter, the Secretary shall

administer and enforce the MARPOL Protocol, Annex IV to the

Antarctic Protocol, and this chapter. In the administration and

enforcement of the MARPOL Protocol and this chapter, Annexes I and

II of the Convention apply only to seagoing ships.

(b) Regulations; refuse record books; waste management plans;

notification of crew and passengers

(1) The Secretary shall prescribe any necessary or desired

regulations to carry out the provisions of the MARPOL Protocol,

Annex IV to the Antarctic Protocol, or this chapter.

(2) The Secretary of the department in which the Coast Guard is

operating shall -

(A) prescribe regulations which -

(i) require certain ships described in section 1902(a)(1) of

this title to maintain refuse record books and shipboard

management plans, and to display placards which notify the crew

and passengers of the requirements of Annex V to the Convention

and of Annex IV to the Antarctic Protocol; and

(ii) specify the ships described in section 1902(a)(1) of

this title to which the regulations apply;

(B) seek an international agreement or international agreements

which apply requirements equivalent to those described in

subparagraph (A)(i) to all vessels subject to Annex V to the

Convention; and

(C) within 2 years after the effective date of this paragraph,

report to the Congress -

(i) regarding activities of the Secretary under subparagraph

(B); and

(ii) if the Secretary has not obtained agreements pursuant to

subparagraph (B) regarding the desirability of applying the

requirements described in subparagraph (A)(i) to all vessels

described in section 1902(a) of this title which call at United

States ports.

(c) Utilization of personnel, facilities, or equipment of other

Federal departments and agencies

The Secretary may utilize by agreement, with or without

reimbursement, personnel, facilities, or equipment of other Federal

departments and agencies in administering the MARPOL Protocol, this

chapter, or the regulations thereunder.

-SOURCE-

(Pub. L. 96-478, Sec. 4, Oct. 21, 1980, 94 Stat. 2298; Pub. L.

100-220, title II, Sec. 2107, Dec. 29, 1987, 101 Stat. 1464; Pub.

L. 104-227, title II, Sec. 201(c), Oct. 2, 1996, 110 Stat. 3042.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this paragraph, referred to in subsec.

(b)(2)(C), is Dec. 31, 1988, the effective date of section 2107(b)

of Pub. L. 100-220 which added par. (2) to subsec. (b). See

Effective Date of 1987 Amendment note below.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-227, Sec. 201(c)(1), inserted ",

Annex IV to the Antarctic Protocol," after "the MARPOL Protocol" in

first sentence.

Subsec. (b)(1). Pub. L. 104-227, Sec. 201(c)(2), inserted ",

Annex IV to the Antarctic Protocol," after "the MARPOL Protocol".

Subsec. (b)(2)(A). Pub. L. 104-227, Sec. 201(c)(3), (4), struck

out "within 1 year after the effective date of this paragraph,"

before "prescribe" in introductory provisions and inserted "and of

Annex IV to the Antarctic Protocol" after "the Convention" in cl.

(i).

1987 - Subsec. (a). Pub. L. 100-220, Sec. 2107(a), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: "Unless otherwise specified herein, the Secretary shall

administer and enforce the MARPOL Protocol and this chapter. In the

administration and enforcement of the MARPOL Protocol and this

chapter, Annexes I and II of the MARPOL Protocol shall be

applicable only to seagoing ships."

Subsec. (b). Pub. L. 100-220, Sec. 2107(b), designated existing

provisions as par. (1) and added par. (2).

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-220 effective Dec. 31, 1988, the date on

which Annex V to the International Convention for the Prevention of

Pollution from Ships, 1973, entered into force for the United

States, see section 2002(a) of Pub. L. 100-220, set out as a note

under section 1901 of this title.

EFFECTIVE DATE

Subsec. (b) of this section effective Oct. 21, 1980, see section

14(b) of Pub. L. 96-478, set out as a note under section 1901 of

this title.

-TRANS-

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.

-End-

-CITE-

33 USC Sec. 1904 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

Sec. 1904. Certificates

-STATUTE-

(a) Issuance by authorized designees; restriction on issuance

The Secretary shall designate those persons authorized to issue

on behalf of the United States the certificates required by the

MARPOL Protocol. A certificate required by the MARPOL Protocol

shall not be issued to a ship which is registered in or of the

nationality of a country which is not a party to the MARPOL

Protocol.

(b) Validity of foreign certificates

A certificate issued by a country which is a party to the MARPOL

Protocol has the same validity as a certificate issued by the

Secretary under the authority of the MARPOL Protocol.

(c) Location onboard vessel; inspection of vessels subject to

jurisdiction of the United States

A ship required by the MARPOL Protocol to have a certificate -

(1) shall carry a valid certificate onboard in the manner

prescribed by the authority issuing the certificate; and

(2) is subject to inspection while in a port or terminal under

the jurisdiction of the United States.

(d) Onboard inspections; other Federal inspection authority

unaffected

An inspection conducted under subsection (c)(2) of this section

is limited to verifying whether or not a valid certificate is

onboard, unless clear grounds exist which reasonably indicate that

the condition of the ship or its equipment does not substantially

agree with the particulars of its certificate. This section shall

not limit the authority of any official or employee of the United

States under any other treaty, law, or regulation to board and

inspect a ship or its equipment.

(e) Detention orders; duration of detention; shipyard option

In addition to the penalties prescribed in section 1908 of this

title, a ship required by the MARPOL Protocol to have a certificate

-

(1) which does not have a valid certificate onboard; or

(2) whose condition or whose equipment's condition does not

substantially agree with the particulars of the certificate

onboard;

shall be detained by order of the Secretary at the port or terminal

where the violation is discovered until, in the opinion of the

Secretary, the ship can proceed to sea without presenting an

unreasonable threat of harm to the marine environment. The

detention order may authorize the ship to proceed to the nearest

appropriate available shipyard rather than remaining at the place

where the violation was discovered.

(f) Ship clearance or permits; refusal or revocation

If a ship is under a detention order under this section, the

Secretary of the Treasury, upon the request of the Secretary, may

refuse or revoke -

(1) the clearance required by section 91 of title 46, Appendix;

or

(2) a permit to proceed under section 313 (!1) of title 46,

Appendix, or section 1443 (!2) of title 19.

(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.

-SOURCE-

(Pub. L. 96-478, Sec. 5, Oct. 21, 1980, 94 Stat. 2298.)

-REFTEXT-

REFERENCES IN TEXT

Section 313 of title 46, Appendix, referred to in subsec. (f)(2),

was repealed by Pub. L. 103-182, title VI, Sec. 690(a)(21), Dec. 8,

1993, 107 Stat. 2223.

-COD-

CODIFICATION

Section 1443 of title 19, referred to in subsec. (f)(2), was in

the original section 442 of the Tariff Act of 1930, as amended (19

U.S.C. 1443). Although section 442 of the Tariff Act of 1930, June

17, 1930, ch. 497, title IV, 46 Stat. 713, is classified to section

1442 of Title 19, Customs Duties, the reference was translated as

meaning section 443 of the Tariff Act of 1930, which was classified

to section 1443 of title 19 prior to repeal by Pub. L. 103-182,

title VI, Sec. 690(b)(6), Dec. 8, 1993, 107 Stat. 2223.

-MISC1-

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.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See Codification note below.

-End-

-CITE-

33 USC Sec. 1905 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

Sec. 1905. Pollution reception facilities

-STATUTE-

(a) Adequacy; criteria

(1) The Secretary, after consultation with the Administrator of

the Environmental Protection Agency, shall establish regulations

setting criteria for determining the adequacy of a port's or

terminal's reception facilities for mixtures containing oil or

noxious liquid substances and shall establish procedures whereby a

person in charge of a port or terminal may request the Secretary to

certify that the port's or terminal's facilities for receiving the

residues and mixtures containing oil or noxious liquid substance

from seagoing ships are adequate.

(2) The Secretary, after consulting with appropriate Federal

agencies, shall establish regulations setting criteria for

determining the adequacy of reception facilities for garbage at a

port or terminal, and stating such additional measures and

requirements as are appropriate to ensure such adequacy. Persons in

charge of ports and terminals shall provide reception facilities,

or ensure that such facilities are available, for receiving garbage

in accordance with those regulations.

(b) Traffic considerations

In determining the adequacy of reception facilities required by

the MARPOL Protocol or the Antarctic Protocol at a port or

terminal, and in establishing regulations under subsection (a) of

this section, the Secretary may consider, among other things, the

number and types of ships or seagoing ships using the port or

terminal, including their principal trades.

(c) Certificate; issuance; validity; inspection; review of

suspension or revocation by Secretary

(1) If reception facilities of a port or terminal meet the

requirements of Annex I and Annex II to the Convention and the

regulations prescribed under subsection (a)(1) of this section, the

Secretary shall, after consultation with the Administrator of the

Environmental Protection Agency, issue a certificate to that effect

to the applicant.

(2)(A) Subject to subparagraph (B), if reception facilities of a

port or terminal meet the requirements of Annex V to the Convention

and the regulations prescribed under subsection (a)(2) of this

section, the Secretary may, after consultation with appropriate

Federal agencies, issue a certificate to that effect to the person

in charge of the port or terminal.

(B) The Secretary may not issue a certificate attesting to the

adequacy of reception facilities under this paragraph unless, prior

to the issuance of the certificate, the Secretary conducts an

inspection of the reception facilities of the port or terminal that

is the subject of the certificate.

(C) The Secretary may, with respect to certificates issued under

this paragraph prior to October 19, 1996, prescribe by regulation

differing periods of validity for such certificates.

(3) A certificate issued under this subsection -

(A) is valid for the 5-year period beginning on the date of

issuance of the certificate, except that if -

(i) the charge for operation of the port or terminal is

transferred to a person or entity other than the person or

entity that is the operator on the date of issuance of the

certificate -

(I) the certificate shall expire on the date that is 30

days after the date of the transfer; and

(II) the new operator shall be required to submit an

application for a certificate before a certificate may be

issued for the port or terminal; or

(ii) the certificate is suspended or revoked by the

Secretary, the certificate shall cease to be valid; and

(B) shall be available for inspection upon the request of the

master, other person in charge, or agent of a ship using or

intending to use the port or terminal.

(4) The suspension or revocation of a certificate issued under

this subsection may be appealed to the Secretary and acted on by

the Secretary in the manner prescribed by regulation.

(d) Publication of list of certificated ports or terminals

(1) The Secretary shall maintain a list of ports or terminals

with respect to which a certificate issued under this section -

(A) is in effect; or

(B) has been revoked or suspended.

(2) The Secretary shall make the list referred to in paragraph

(1) available to the general public.

(e) Entry; denial

(1) Except in the case of force majeure, the Secretary shall deny

entry to a seagoing ship required by the Convention or the

Antarctic Protocol to retain onboard while at sea, residues and

mixtures containing oil or noxious liquid substances, if -

(A) the port or terminal is one required by Annexes I and II of

the Convention or Article 9 of Annex IV to the Antarctic Protocol

or regulations hereunder to have adequate reception facilities;

and

(B) the port or terminal does not hold a valid certificate

issued by the Secretary under this section.

(2) The Secretary may deny the entry of a ship to a port or

terminal required by regulations issued under this section to

provide adequate reception facilities for garbage if the port or

terminal is not in compliance with those regulations.

(f) Surveys

(1) The Secretary is authorized to conduct surveys of existing

reception facilities in the United States to determine measures

needed to comply with the MARPOL Protocol or the Antarctic

Protocol.

(2)(A) (!1) Not later than 18 months after October 19, 1996, the

Secretary shall promulgate regulations that require the operator of

each port or terminal that is subject to any requirement of the

MARPOL Protocol relating to reception facilities to post a placard

in a location that can easily be seen by port and terminal users.

The placard shall state, at a minimum, that a user of a reception

facility of the port or terminal should report to the Secretary any

inadequacy of the reception facility.

-SOURCE-

(Pub. L. 96-478, Sec. 6, Oct. 21, 1980, 94 Stat. 2299; Pub. L.

100-220, title II, Sec. 2103, Dec. 29, 1987, 101 Stat. 1461; Pub.

L. 101-225, title II, Sec. 201(1), Dec. 12, 1989, 103 Stat. 1910;

Pub. L. 104-227, title II, Sec. 201(d), Oct. 2, 1996, 110 Stat.

3042; Pub. L. 104-324, title VIII, Sec. 801, Oct. 19, 1996, 110

Stat. 3943.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-227, Sec. 201(d)(1), inserted "or

the Antarctic Protocol" after "the MARPOL Protocol".

Subsec. (c)(2). Pub. L. 104-324, Sec. 801(a)(1), (2), designated

existing provisions as subpar. (A), substituted "Subject to

subparagraph (B), if" for "If", and added subpars. (B) and (C).

Subsec. (c)(3)(A). Pub. L. 104-324, Sec. 801(a)(3), added subpar.

(A) and struck out former subpar. (A) which read as follows: "is

valid until suspended or revoked by the Secretary for cause or

because of changed conditions; and".

Subsec. (d). Pub. L. 104-324, Sec. 801(a)(4), added subsec. (d)

and struck out former subsec. (d) which read as follows: "The

Secretary shall periodically cause to be published in the Federal

Register a list of the ports or terminals holding a valid

certificate issued under this section."

Subsec. (e)(1). Pub. L. 104-227, Sec. 201(d)(2), (3), inserted

"or the Antarctic Protocol" after "the Convention" in introductory

provisions and inserted "or Article 9 of Annex IV to the Antarctic

Protocol" after "the Convention" in subpar. (A).

Subsec. (f). Pub. L. 104-324, Sec. 801(b), designated existing

provisions as par. (1) and added par. (2)(A).

Pub. L. 104-227, Sec. 201(d)(4), inserted "or the Antarctic

Protocol" after "the MARPOL Protocol".

1989 - Subsec. (c)(1). Pub. L. 101-225 substituted "Annex I and

Annex II" for "Annex V".

1987 - Subsec. (a). Pub. L. 100-220, Sec. 2103(a), designated

existing provisions as par. (1), substituted "a port's or

terminal's reception facilities for mixtures containing oil or

noxious liquid substances" for "reception facilities of a port or

terminal", and added par. (2).

Subsec. (b). Pub. L. 100-220, Sec. 2103(b), inserted "and in

establishing regulations under subsection (a) of this section," and

"ships or".

Subsec. (c). Pub. L. 100-220, Sec. 2103(c), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "If,

upon inspection, reception facilities of a port or terminal are

adequate to meet the requirements of the MARPOL Protocol and the

regulations established hereunder, the Secretary shall, after

consultation with the Administrator of the Environmental Protection

Agency, issue a certificate to that effect to the applicant. A

certificate issued under this subsection -

"(1) is valid until suspended or revoked by the Secretary for

cause or because of changed conditions; and

"(2) shall be available for inspection upon the request of the

master, other person in charge, or agent of a seagoing ship using

or intending to use the port or terminal.

The suspension or revocation of a certificate issued under this

subsection may be appealed to the Secretary and acted on by him in

the manner prescribed by regulation."

Subsec. (e). Pub. L. 100-220, Sec. 2103(d), designated existing

provisions as par. (1), redesignated former pars. (1) and (2) as

subpars. (A) and (B), respectively, in subpar. (A), substituted

"Annexes I and II of the Convention" for "the MARPOL Protocol", and

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1902 of this title.

-FOOTNOTE-

(!1) So in original. No subpar. (B) has been enacted.

-End-

-CITE-

33 USC Sec. 1906 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

Sec. 1906. Incidents involving ships

-STATUTE-

(a) Requirement to report incident

The master, person in charge, owner, charterer, manager, or

operator of a ship involved in an incident shall report the

incident in the manner prescribed by Article 8 of the Convention in

accordance with regulations promulgated by the Secretary for that

purpose.

(b) Requirement to report discharge, probable discharge, or

presence of oil

The master or person in charge of -

(1) a ship of United States registry or nationality, or

operated under the authority of the United States, wherever

located;

(2) another ship while in the navigable waters of the United

States; or

(3) a sea port or oil handling facility subject to the

jurisdiction of the United States,

shall report a discharge, probable discharge, or presence of oil in

the manner prescribed by Article 4 of the International Convention

on Oil Pollution Preparedness, Response and Cooperation, 1990

(adopted at London, November 30, 1990), in accordance with

regulations promulgated by the Secretary for that purpose.

-SOURCE-

(Pub. L. 96-478, Sec. 7, Oct. 21, 1980, 94 Stat. 2300; Pub. L.

102-241, Sec. 39, Dec. 19, 1991, 105 Stat. 2225.)

-MISC1-

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."

-End-

-CITE-

33 USC Sec. 1907 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

Sec. 1907. Violations

-STATUTE-

(a) General prohibition; cooperation and enforcement; detection and

monitoring measures; reports; evidence

It is unlawful to act in violation of the MARPOL Protocol, Annex

IV to the Antarctic Protocol, this chapter, or the regulations

issued thereunder. The Secretary shall cooperate with other parties

to the MARPOL Protocol or to the Antarctic Protocol in the

detection of violations and in enforcement of the MARPOL Protocol

and Annex IV to the Antarctic Protocol. The Secretary shall use all

appropriate and practical measures of detection and environmental

monitoring, and shall establish adequate procedures for reporting

violations and accumulating evidence.

(b) Investigations; subpenas: issuance by Secretary, enforcement;

action by Secretary; information to party

Upon receipt of evidence that a violation has occurred, the

Secretary shall cause the matter to be investigated. In any

investigation under this section the Secretary may issue subpenas

to require the attendance of any witness and the production of

documents and other evidence. In case of refusal to obey a subpena

issued to any person, the Secretary may request the Attorney

General to invoke the aid of the appropriate district court of the

United States to compel compliance. Upon completion of the

investigation, the Secretary shall take the action required by the

MARPOL Protocol or the Antarctic Protocol and whatever further

action he considers appropriate under the circumstances. If the

initial evidence was provided by a party to the MARPOL Protocol or

the Antarctic Protocol, the Secretary, acting through the Secretary

of State, shall inform that party of the action taken or proposed.

(c) Ship inspections; reports to Secretary; additional action

(1) This subsection applies to inspections relating to possible

violations of Annex I or Annex II to the Convention, of Article 3

or Article 4 of Annex IV to the Antarctic Protocol, or of this

chapter by any seagoing ship referred to in section 1902(a)(2) of

this title.

(2) While at a port or terminal subject to the jurisdiction of

the United States, a ship to which the MARPOL Protocol or the

Antarctic Protocol applies may be inspected by the Secretary -

(A) to verify whether or not the ship has discharged a harmful

substance in violation of the MARPOL Protocol, Annex IV to the

Antarctic Protocol, or this chapter; or

(B) to comply with a request from a party to the MARPOL

Protocol or the Antarctic Protocol for an investigation as to

whether the ship may have discharged a harmful substance anywhere

in violation of the MARPOL Protocol or Annex IV to the Antarctic

Protocol. An investigation may be undertaken under this clause

only when the requesting party has furnished sufficient evidence

to allow the Secretary reasonably to believe that a discharge has

occurred.

If an inspection under this subsection indicates that a violation

has occurred, the investigating officer shall forward a report to

the Secretary for appropriate action. The Secretary shall undertake

to notify the master of the ship concerned and, acting in

coordination with the Secretary of State, shall take any additional

action required by Article 6 of the Convention.

(d) Garbage disposal inspections; covered ships; enforcement

actions

(1) The Secretary may inspect a ship referred to in section

1902(a)(3) of this title to verify whether the ship has disposed of

garbage in violation of Annex V to the Convention, Article 5 of

Annex IV to the Antarctic Protocol, or this chapter.

(2) If an inspection under this subsection indicates that a

violation has occurred, the Secretary may undertake enforcement

action under section 1908 of this title.

(e) Harmful substance or garbage disposal inspections; covered

ships; enforcement actions

(1) The Secretary may inspect at any time a ship of United States

registry or nationality or operating under the authority of the

United States to which the MARPOL Protocol or the Antarctic

Protocol applies to verify whether the ship has discharged a

harmful substance or disposed of garbage in violation of those

Protocols or this chapter.

(2) If an inspection under this subsection indicates that a

violation of the MARPOL Protocol, of Annex IV to the Antarctic

Protocol, or of this chapter has occurred the Secretary may

undertake enforcement action under section 1908 of this title.

(f) Supplemental remedies and requirements; other provisions and

available remedies unaffected

Remedies and requirements of this chapter supplement and neither

amend nor repeal any other provisions of law, except as expressly

provided in this chapter. Nothing in this chapter shall limit,

deny, amend, modify, or repeal any other remedy available to the

United States or any other person, except as expressly provided in

this chapter.

-SOURCE-

(Pub. L. 96-478, Sec. 8, Oct. 21, 1980, 94 Stat. 2300; Pub. L.

100-220, title II, Sec. 2104, Dec. 29, 1987, 101 Stat. 1462; Pub.

L. 101-225, title II, Sec. 201(2), (3), Dec. 12, 1989, 103 Stat.

1910; Pub. L. 104-227, title II, Sec. 201(e), Oct. 2, 1996, 110

Stat. 3043.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-227, Sec. 201(e)(1), (2),

inserted "Annex IV to the Antarctic Protocol," after "violation of

the MARPOL Protocol,", "or to the Antarctic Protocol" after "to the

MARPOL Protocol", and "and Annex IV to the Antarctic Protocol"

after "enforcement of the MARPOL Protocol".

Subsec. (b). Pub. L. 104-227, Sec. 201(e)(3), inserted "or the

Antarctic Protocol" after "MARPOL Protocol" in two places.

Subsec. (c)(1). Pub. L. 104-227, Sec. 201(e)(4), inserted ", of

Article 3 or Article 4 of Annex IV to the Antarctic Protocol,"

after "to the Convention".

Subsec. (c)(2). Pub. L. 104-227, Sec. 201(e)(5), (6), inserted

"or the Antarctic Protocol" after "which the MARPOL Protocol" in

introductory provisions, ", Annex IV to the Antarctic Protocol,"

after "MARPOL Protocol" in subpar. (A), and "or the Antarctic

Protocol" after "to the MARPOL Protocol" and "or Annex IV to the

Antarctic Protocol" after "of the MARPOL Protocol" in subpar. (B).

Subsec. (d)(1). Pub. L. 104-227, Sec. 201(e)(8), inserted ",

Article 5 of Annex IV to the Antarctic Protocol," after

"Convention".

Subsec. (e)(1). Pub. L. 104-227, Sec. 201(e)(9), inserted "or the

Antarctic Protocol" after "MARPOL Protocol" and substituted "those

Protocols" for "that Protocol".

Subsec. (e)(2). Pub. L. 104-227, Sec. 201(e)(10), inserted ", of

Annex IV to the Antarctic Protocol," after "MARPOL Protocol".

1989 - Subsecs. (c)(1), (e)(2). Pub. L. 101-225 inserted "or of

this chapter".

1987 - Subsec. (c). Pub. L. 100-220, Sec. 2104(a), added par.

(1), designated existing provisions as par. (2), redesignated

former pars. (1) and (2) as subpars. (A) and (B), respectively, and

in closing provisions of par. (2) substituted "The" for "If a

report made under this subsection involves a ship, other than one

of United States registry or nationality or one operated under the

authority of the United States, the".

Subsecs. (d) to (f). Pub. L. 100-220, Sec. 2104(b), added

subsecs. (d) and (e) and redesignated former subsec. (d) as (f).

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-220 effective Dec. 31, 1988, the date on

which Annex V to the International Convention for the Prevention of

Pollution from Ships, 1973, entered into force for the United

States, see section 2002(a) of Pub. L. 100-220, set out as a note

under section 1901 of this title.

-End-

-CITE-

33 USC Sec. 1908 01/06/03

-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,,(!1) Annex

IV to the Antarctic Protocol, this chapter, or the regulations

issued thereunder commits a class D felony. In the discretion of

the Court, an amount equal to not more than 1/2 of such fine may

be paid to the person giving information leading to conviction.

(b) Civil penalties; separate violations; assessment notice;

considerations affecting amount; payment for information leading

to assessment of penalty

A person who is found by the Secretary, after notice and an

opportunity for a hearing, to have -

(1) violated the MARPOL Protocol,,(!1) Annex IV to the

Antarctic Protocol, this chapter, or the regulations issued

thereunder shall be liable to the United States for a civil

penalty, not to exceed $25,000 for each violation; or

(2) made a false, fictitious, or fraudulent statement or

representation in any matter in which a statement or

representation is required to be made to the Secretary under the

MARPOL Protocol,,(!1) Annex IV to the Antarctic Protocol, this

chapter, or the regulations thereunder, shall be liable to the

United States for a civil penalty, not to exceed $5,000 for each

statement or representation.

Each day of a continuing violation shall constitute a separate

violation. The amount of the civil penalty shall be assessed by the

Secretary, or his designee, by written notice. In determining the

amount of the penalty, the Secretary shall take into account the

nature, circumstances, extent, and gravity of the prohibited acts

committed and, with respect to the violator, the degree of

culpability, any history of prior offenses, ability to pay, and

other matters as justice may require. An amount equal to not more

than 1/2 of such penalties may be paid by the Secretary to the

person giving information leading to the assessment of such

penalties.

(c) Abatement of civil penalties; collection by Attorney General

The Secretary may compromise, modify, or remit, with or without

conditions, any civil penalty which is subject to assessment or

which has been assessed under this section. If any person fails to

pay an assessment of a civil penalty after it has become final, the

Secretary may refer the matter to the Attorney General of the

United States for collection in any appropriate district court of

the United States.

(d) Liability in rem; district court jurisdiction

A ship operated in violation of the MARPOL Protocol,,(!1) Annex

IV to the Antarctic Protocol, this chapter, or the regulations

thereunder is liable in rem for any fine imposed under subsection

(a) of this section or civil penalty assessed pursuant to

subsection (b) of this section, and may be proceeded against in the

United States district court of any district in which the ship may

be found.

(e) Ship clearance or permits; refusal or revocation; bond or other

surety

If any ship subject to the MARPOL Protocol, Annex IV to the

Antarctic Protocol, or this chapter, its owner, operator, or person

in charge is liable for a fine or civil penalty under this section,

or if reasonable cause exists to believe that the ship, its owner,

operator, or person in charge may be subject to a fine or civil

penalty under this section, the Secretary of the Treasury, upon the

request of the Secretary, shall refuse or revoke the clearance

required by section 91 of title 46, Appendix. Clearance may be

granted upon the filing of a bond or other surety satisfactory to

the Secretary.

(f) Referrals for appropriate action by foreign country

Notwithstanding subsection (a), (b), or (d) of this section, if

the violation is by a ship registered in or of the nationality of a

country party to the MARPOL Protocol or the Antarctic Protocol, or

one operated under the authority of a country party to the MARPOL

Protocol or the Antarctic Protocol, the Secretary, acting in

coordination with the Secretary of State, may refer the matter to

the government of the country of the ship's registry or

nationality, or under whose authority the ship is operating for

appropriate action, rather than taking the actions required or

authorized by this section.

-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.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-227, Sec. 201(f)(1), inserted ",

Annex IV to the Antarctic Protocol," after "MARPOL Protocol,".

Subsec. (b). Pub. L. 104-227, Sec. 201(f)(2), (3), inserted ",

Annex IV to the Antarctic Protocol," after "MARPOL Protocol," in

pars. (1) and (2).

Subsec. (d). Pub. L. 104-227, Sec. 201(f)(4), inserted ", Annex

IV to the Antarctic Protocol," after "MARPOL Protocol,".

Subsec. (e). Pub. L. 104-227, Sec. 201(f)(5), inserted ", Annex

IV to the Antarctic Protocol," after "MARPOL Protocol".

Subsec. (f). Pub. L. 104-227, Sec. 201(f)(6), inserted "or the

Antarctic Protocol" after "MARPOL Protocol" in two places.

1993 - Subsec. (e). Pub. L. 103-182 substituted "shall refuse or

revoke the clearance required by section 91 of title 46, Appendix.

Clearance may be granted upon the filing of a bond or other surety

satisfactory to the Secretary." for "shall refuse or revoke -

"(1) the clearance required by section 91 of title 46,

Appendix; or

"(2) a permit to proceed under section 313 of title 46,

Appendix, or section 1443 of title 19.

Clearance or a permit to proceed may be granted upon the filing of

a bond or other surety satisfactory to the Secretary."

1990 - Subsec. (a). Pub. L. 101-380 substituted "commits a class

D felony" for "shall, for each violation, be fined not more than

$50,000 or be imprisoned for not more than 5 years, or both".

1987 - Subsec. (a). Pub. L. 100-220, Sec. 2105(a)(1), inserted at

end "In the discretion of the Court, an amount equal to not more

than 1/2 of such fine may be paid to the person giving

information leading to conviction."

Subsec. (b). Pub. L. 100-220, Sec. 2105(a)(2), inserted at end

"An amount equal to not more than 1/2 of such penalties may be

paid by the Secretary to the person giving information leading to

the assessment of such penalties."

Subsec. (f). Pub. L. 100-220, Sec. 2105(b), substituted "to the

government of the country of the ship's registry or nationality, or

under whose authority the ship is operating" for "to that country".

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring

after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out

as an Effective Date note under section 2701 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-220 effective Dec. 31, 1988, the date on

which Annex V to the International Convention for the Prevention of

Pollution from Ships, 1973, entered into force for the United

States, see section 2002(a) of Pub. L. 100-220, set out as a note

under section 1901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1904, 1907, 1910 of this

title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

33 USC Sec. 1909 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

Sec. 1909. MARPOL Protocol; proposed amendments

-STATUTE-

(a) Acceptance of certain amendments by the President

A proposed amendment to the MARPOL Protocol received by the

United States from the Secretary-General of the International

Maritime Organization pursuant to Article VI of the MARPOL

Protocol, may be accepted on behalf of the United States by the

President following the advice and consent of the Senate, except as

provided for in subsection (b) of this section.

(b) Action on certain amendments by the Secretary of State

A proposed amendment to Annex I, II, or V to the Convention,

appendices to those Annexes, or Protocol I of the Convention

received by the United States from the Secretary-General of the

International Maritime Organization pursuant to Article VI of the

MARPOL Protocol, may be the subject of appropriate action on behalf

of the United States by the Secretary of State following

consultation with the Secretary, who shall inform the Secretary of

State as to what action he considers appropriate at least 30 days

prior to the expiration of the period specified in Article VI of

the MARPOL Protocol during which objection may be made to any

amendment received.

(c) Declaration of nonacceptance by the Secretary of State

Following consultation with the Secretary, the Secretary of State

may make a declaration that the United States does not accept an

amendment proposed pursuant to Article VI of the MARPOL Protocol.

-SOURCE-

(Pub. L. 96-478, Sec. 10, Oct. 21, 1980, 94 Stat. 2302; Pub. L.

100-220, title II, Sec. 2106, Dec. 29, 1987, 101 Stat. 1463.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-220, Sec. 2106(1), substituted

"International Maritime Organization" for "Inter-Governmental

Maritime Consultative Organization".

Subsec. (b). Pub. L. 100-220, Sec. 2106(2), substituted "Annex I,

II, or V to the Convention, appendices to those Annexes, or

Protocol I of the Convention" for "Annex I or II, appendices to the

Annexes, or Protocol I of the MARPOL Protocol," and "International

Maritime Organization" for "Inter-Governmental Maritime

Consultative Organization".

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-220 effective Dec. 31, 1988, the date on

which Annex V to the International Convention for the Prevention of

Pollution from Ships, 1973, entered into force for the United

States, see section 2002(a) of Pub. L. 100-220, set out as a note

under section 1901 of this title.

-End-

-CITE-

33 USC Sec. 1910 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

Sec. 1910. Legal actions

-STATUTE-

(a) Persons with adversely affected interests as plaintiffs;

defendants

Except as provided in subsection (b) of this section, any person

having an interest which is, or can be, adversely affected, may

bring an action on his own behalf -

(1) against any person alleged to be in violation of the

provisions of this chapter, or regulations issued hereunder;

(2) against the Secretary where there is alleged a failure of

the Secretary to perform any act or duty under this chapter which

is not discretionary with the Secretary;

(3) against the Secretary of the Treasury where there is

alleged a failure of the Secretary of the Treasury to take action

under section 1908(e) of this title.

(b) Commencement conditions

No action may be commenced under subsection (a) of this section -

(1) prior to 60 days after the plaintiff has given notice, in

writing and under oath, to the alleged violator, the Secretary

concerned, and the Attorney General; or

(2) if the Secretary has commenced enforcement or penalty

action with respect to the alleged violation and is conducting

such procedures diligently.

(c) Venue

Any suit brought under this section shall be brought -

(1) in a case concerning an onshore facility or port, in the

United States district court for the judicial district where the

onshore facility or port is located;

(2) in a case concerning an offshore facility or offshore

structure under the jurisdiction of the United States, in the

United States district court for the judicial district nearest

the offshore facility or offshore structure;

(3) in a case concerning a ship, in the United States district

court for any judicial district wherein the ship or its owner or

operator may be found; or

(4) in any case, in the District Court for the District of

Columbia.

(d) Costs; attorney fees; witness fees

The court, in issuing any final order in any action brought

pursuant to this section, may award costs of litigation (including

reasonable attorney and expert witness fees) to any party including

the Federal Government.

(e) Federal intervention

In any action brought under this section, if the Secretary or

Attorney General are not parties of record, the United States,

through the Attorney General, shall have the right to intervene.

-SOURCE-

(Pub. L. 96-478, Sec. 11, Oct. 21, 1980, 94 Stat. 2302.)

-End-

-CITE-

33 USC Sec. 1911 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

Sec. 1911. Authority of Secretary under port and tanker safety

program unaffected

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-478, Sec. 15, Oct. 21, 1980, 94 Stat. 2303.)

-REFTEXT-

REFERENCES IN TEXT

The Port and Tanker Safety Act of 1978, referred to in text, is

Pub. L. 95-474, Oct. 17, 1978, 92 Stat. 1471, which enacted

sections 1225, 1228 to 1231, and 1232 of this title, amended

sections 1221 to 1224, 1226, and 1227 of this title, and sections

214 and 391a of former Title 46, Shipping, and enacted provisions

set out as notes under sections 1221 and 1224 of this title and

section 391a of Title 46. For complete classification of this Act

to the Code, see Short Title note set out under section 1221 of

this title and Tables.

-End-

-CITE-

33 USC Sec. 1912 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

Sec. 1912. International law

-STATUTE-

Any action taken under this chapter shall be taken in accordance

with international law.

-SOURCE-

(Pub. L. 96-478, Sec. 17, as added Pub. L. 100-220, title II, Sec.

2108, Dec. 29, 1987, 101 Stat. 1464.)

-End-

-CITE-

33 USC Sec. 1913 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

Sec. 1913. Compliance reports

-STATUTE-

(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) of

this section, 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.

-SOURCE-

(Pub. L. 100-220, title II, Sec. 2201, Dec. 29, 1987, 101 Stat.

1464; Pub. L. 104-66, title I, Sec. 1121(c), Dec. 21, 1995, 109

Stat. 724; Pub. L. 104-324, title VIII, Sec. 802(a), Oct. 19, 1996,

110 Stat. 3944.)

-REFTEXT-

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 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 (Sec. 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.

-COD-

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.

-MISC1-

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".

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1914 of this title.

-End-

-CITE-

33 USC Sec. 1914 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

Sec. 1914. Coordination

-STATUTE-

(a) Establishment of Marine Debris Coordinating Committee

The Secretary of Commerce shall establish a Marine Debris

Coordinating Committee.

(b) Membership

The Committee shall include a senior official from -

(1) the National Oceanic and Atmospheric Administration, who

shall serve as the Chairperson of the Committee;

(2) the Environmental Protection Agency;

(3) the United States Coast Guard;

(4) the United States Navy; and

(5) such other Federal agencies that have an interest in ocean

issues or water pollution prevention and control as the Secretary

of Commerce determines appropriate.

(c) Meetings

The Committee shall meet at least twice a year to provide a forum

to ensure the coordination of national and international research,

monitoring, education, and regulatory actions addressing the

persistent marine debris problem.

(d) Monitoring

The Secretary of Commerce, acting through the Administrator of

the National Oceanic and Atmospheric Administration, in cooperation

with the Administrator of the Environmental Protection Agency,

shall utilize the marine debris data derived under title V of the

Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.

2801 et seq.) to assist -

(1) the Committee in ensuring coordination of research,

monitoring, education and regulatory actions; and

(2) the United States Coast Guard in assessing the

effectiveness of this Act and the Act to Prevent Pollution from

Ships [33 U.S.C. 1901 et seq.] in ensuring compliance under

section 1913 of this title.

-SOURCE-

(Pub. L. 100-220, title II, Sec. 2203, Dec. 29, 1987, 101 Stat.

1466; Pub. L. 104-324, title VIII, Sec. 802(b), Oct. 19, 1996, 110

Stat. 3944.)

-REFTEXT-

REFERENCES IN TEXT

The Marine Protection, Research, and Sanctuaries Act of 1972,

referred to in subsec. (d), is Pub. L. 92-532, Oct. 23, 1972, 86

Stat. 1052, as amended. Title V of the Act, popularly known as the

National Coastal Monitoring Act, is classified generally to chapter

41 (Sec. 2801 et seq.) of this title. For complete classification

of title V to the Code, see Short Title note set out under section

2801 of this title and Tables.

This Act, referred to in subsec. (d)(2), probably should be "this

title" meaning title II of Pub. L. 100-220, Dec. 29, 1987, 101

Stat. 1460, as amended, known as the Marine Plastic Pollution

Research and Control Act of 1987. For complete classification of

title II to the Code, see Short Title of 1987 Amendment note set

out under section 1901 of this title and Tables.

The Act to Prevent Pollution from Ships, referred to in subsec.

(d)(2), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, as

amended, which is classified principally to this chapter (Sec. 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.

-COD-

CODIFICATION

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.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-324 amended section generally. Prior to

amendment, section read as follows: "Not later than September 30,

1988, the Secretary of Commerce shall submit to the Congress a

report on the effects of plastic materials on the marine

environment. The report shall -

"(1) identify and quantify the harmful effects of plastic

materials on the marine environment;

"(2) assess the specific effects of plastic materials on living

marine resources in the marine environment;

"(3) identify the types and classes of plastic materials that

pose the greatest potential hazard to living marine resources;

"(4) analyze, in consultation with the Director of the National

Bureau of Standards, plastic materials which are claimed to be

capable of reduction to environmentally benign submits under the

action of normal environmental forces (including biological

decomposition, photodegradation, and hydrolysis); and

"(5) recommend legislation which is necessary to prohibit, tax,

or regulate sources of plastic materials that enter the marine

environment."

-TRANS-

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.

-End-

-CITE-

33 USC Sec. 1915 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-

Sec. 1915. Plastic pollution public education program

-STATUTE-

(a) Outreach program

(1) In general

Not later than April 1, 1988, the Administrator of the National

Oceanic and Atmospheric Administration and the Administrator of

the Environmental Protection Agency, in consultation with the

Secretary of Transportation, shall jointly commence and

thereafter conduct a public outreach program to educate the

public (including recreational boaters, fishermen, and other

users of the marine environment) regarding -

(A) the harmful effects of plastic pollution;

(B) the need to reduce such pollution;

(C) the need to recycle plastic materials;

(D) the need to reduce the quantity of plastic debris in the

marine environment; and

(E) the requirements under this Act and the Act to Prevent

Pollution from Ships (33 U.S.C. 1901 et seq.) with respect to

ships and ports, and the authority of citizens to report

violations of this Act and the Act to Prevent Pollution from

Ships (33 U.S.C. 1901 et seq.).

(2) Authorized activities

(A) Public outreach program

A public outreach program under paragraph (1) may include -

(i) developing and implementing a voluntary boaters' pledge

program;

(ii) workshops with interested groups;

(iii) public service announcements;

(iv) distribution of leaflets and posters; and

(v) any other means appropriate to educating the public.

(B) Grants and cooperative agreements

To carry out this section, the Secretary of the department in

which the Coast Guard is operating, the Secretary of Commerce,

and the Administrator of the Environmental Protection Agency

are authorized to award grants, enter into cooperative

agreements with appropriate officials of other Federal agencies

and agencies of States and political subdivisions of States and

with public and private entities, and provide other financial

assistance to eligible recipients.

(C) Consultation

In developing outreach initiatives for groups that are

subject to the requirements of this title and the Act to

Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), the

Secretary of the department in which the Coast Guard is

operating, in consultation with the Secretary of Commerce,

acting through the Administrator of the National Oceanic and

Atmospheric Administration, and the Administrator of the

Environmental Protection Agency, shall consult with -

(i) the heads of State agencies responsible for

implementing State boating laws; and

(ii) the heads of other enforcement agencies that regulate

boaters or commercial fishermen.

(b) Citizen Pollution Patrols

The Secretary of Commerce, along with the Administrator of the

Environmental Protection Agency and the Secretary of the Department

in which the Coast Guard is operating, shall conduct a program to

encourage the formation of volunteer groups, to be designated as

"Citizen Pollution Patrols", to assist in monitoring, reporting,

cleanup, and prevention of ocean and shoreline pollution.

-SOURCE-

(Pub. L. 100-220, title II, Sec. 2204, Dec. 29, 1987, 101 Stat.

1466; Pub. L. 104-324, title VIII, Sec. 802(c), Oct. 19, 1996, 110

Stat. 3945.)

-REFTEXT-

REFERENCES IN TEXT

This Act and this title, referred to in subsec. (a)(1)(E),

(2)(C), probably should all be "this title" meaning title II of

Pub. L. 100-220, Dec. 29, 1987, 101 Stat. 1460, as amended, known

as the Marine Plastic Pollution Research and Control Act of 1987.

For complete classification of title II to the Code, see Short

Title of 1987 Amendment note set out under section 1901 of this

title and Tables.

The Act to Prevent Pollution from Ships, referred to in subsec.

(a)(1)(E), (2)(C), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297,

as amended, which is classified principally to this chapter (Sec.

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.

-COD-

CODIFICATION

Section was formerly set out as a note under section 6981 of

Title 42, The Public Health and Welfare.

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.

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-324, Sec. 802(c)(1)-(4),

struck out "for a period of at least 3 years," after "conduct" in

introductory provisions and added subpar. (E).

Subsec. (a)(2). Pub. L. 104-324, Sec. 802(c)(5), added par. (2)

and struck out heading and text of former par. (2). Text read as

follows: "A public outreach program under paragraph (1) may include

-

"(A) workshops with interested groups;

"(B) public service announcements;

"(C) distribution of leaflets and posters; and

"(D) any other means appropriate to educating the public."

-TRANS-

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.

-End-