§1907. Violations

(a) General prohibition; cooperation and enforcement; detection and monitoring measures; reports; evidence

It is unlawful to act in violation of the MARPOL Protocol, Annex IV to the Antarctic Protocol, this chapter, or the regulations issued thereunder. The Secretary shall cooperate with other parties to the MARPOL Protocol or to the Antarctic Protocol in the detection of violations and in enforcement of the MARPOL Protocol and Annex IV to the Antarctic Protocol. The Secretary shall use all appropriate and practical measures of detection and environmental monitoring, and shall establish adequate procedures for reporting violations and accumulating evidence.

(b) Investigations; subpenas: issuance by Secretary, enforcement; action by Secretary; information to party

Upon receipt of evidence that a violation has occurred, the Secretary shall cause the matter to be investigated. In any investigation under this section the Secretary may issue subpenas to require the attendance of any witness and the production of documents and other evidence. In case of refusal to obey a subpena issued to any person, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance. Upon completion of the investigation, the Secretary shall take the action required by the MARPOL Protocol or the Antarctic Protocol and whatever further action he considers appropriate under the circumstances. If the initial evidence was provided by a party to the MARPOL Protocol or the Antarctic Protocol, the Secretary, acting through the Secretary of State, shall inform that party of the action taken or proposed.

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

(1) This subsection applies to inspections relating to possible violations of Annex I or Annex II to the Convention, of Article 3 or Article 4 of Annex IV to the Antarctic Protocol, or of this chapter by any seagoing ship referred to in section 1902(a)(2) of this title.

(2) While at a port or terminal subject to the jurisdiction of the United States, a ship to which the MARPOL Protocol or the Antarctic Protocol applies may be inspected by the Secretary-

(A) to verify whether or not the ship has discharged a harmful substance in violation of the MARPOL Protocol, Annex IV to the Antarctic Protocol, or this chapter; or

(B) to comply with a request from a party to the MARPOL Protocol or the Antarctic Protocol for an investigation as to whether the ship may have discharged a harmful substance anywhere in violation of the MARPOL Protocol or Annex IV to the Antarctic Protocol. An investigation may be undertaken under this clause only when the requesting party has furnished sufficient evidence to allow the Secretary reasonably to believe that a discharge has occurred.

If an inspection under this subsection indicates that a violation has occurred, the investigating officer shall forward a report to the Secretary for appropriate action. The Secretary shall undertake to notify the master of the ship concerned and, acting in coordination with the Secretary of State, shall take any additional action required by Article 6 of the Convention.

(d) Garbage disposal inspections; covered ships; enforcement actions

(1) The Secretary may inspect a ship referred to in section 1902(a)(3) of this title to verify whether the ship has disposed of garbage in violation of Annex V to the Convention, Article 5 of Annex IV to the Antarctic Protocol, or this chapter.

(2) If an inspection under this subsection indicates that a violation has occurred, the Secretary may undertake enforcement action under section 1908 of this title.

(e) Harmful substance or garbage disposal inspections; covered ships; enforcement actions

(1) The Secretary may inspect at any time a ship of United States registry or nationality or operating under the authority of the United States to which the MARPOL Protocol or the Antarctic Protocol applies to verify whether the ship has discharged a harmful substance or disposed of garbage in violation of those Protocols or this chapter.

(2) If an inspection under this subsection indicates that a violation of the MARPOL Protocol, of Annex IV to the Antarctic Protocol, or of this chapter has occurred the Secretary may undertake enforcement action under section 1908 of this title.

(f) Inspections; enforcement

(1) The Secretary may inspect a ship to which this chapter applies as provided under section 1902(a)(5) of this title, to verify whether the ship is in compliance with Annex VI to the Convention and this chapter.

(2) If an inspection under this subsection or any other information indicates that a violation has occurred, the Secretary, or the Administrator in a matter referred by the Secretary, may undertake enforcement action under this section.

(3) Notwithstanding subsection (b) and paragraph (2) of this subsection, the Administrator shall have all of the authorities of the Secretary, as specified in subsection (b) of this section, for the purposes of enforcing regulations 17 and 18 of Annex VI to the Convention to the extent that shoreside violations are the subject of the action and in any other matter referred to the Administrator by the Secretary.

( Pub. L. 96–478, §8, Oct. 21, 1980, 94 Stat. 2300 ; Pub. L. 100–220, title II, §2104, Dec. 29, 1987, 101 Stat. 1462 ; Pub. L. 101–225, title II, §201(2), (3), Dec. 12, 1989, 103 Stat. 1910 ; Pub. L. 104–227, title II, §201(e), Oct. 2, 1996, 110 Stat. 3043 ; Pub. L. 110–280, §8, July 21, 2008, 122 Stat. 2614 .)

Editorial Notes

Amendments

2008-Subsec. (f). Pub. L. 110–280 amended subsec. (f) generally. Prior to amendment, text read as follows: "Remedies and requirements of this chapter supplement and neither amend nor repeal any other provisions of law, except as expressly provided in this chapter. Nothing in this chapter shall limit, deny, amend, modify, or repeal any other remedy available to the United States or any other person, except as expressly provided in this chapter."

1996-Subsec. (a). Pub. L. 104–227, §201(e)(1), (2), inserted "Annex IV to the Antarctic Protocol," after "violation of the MARPOL Protocol,", "or to the Antarctic Protocol" after "to the MARPOL Protocol", and "and Annex IV to the Antarctic Protocol" after "enforcement of the MARPOL Protocol".

Subsec. (b). Pub. L. 104–227, §201(e)(3), inserted "or the Antarctic Protocol" after "MARPOL Protocol" in two places.

Subsec. (c)(1). Pub. L. 104–227, §201(e)(4), inserted ", of Article 3 or Article 4 of Annex IV to the Antarctic Protocol," after "to the Convention".

Subsec. (c)(2). Pub. L. 104–227, §201(e)(5), (6), inserted "or the Antarctic Protocol" after "which the MARPOL Protocol" in introductory provisions, ", Annex IV to the Antarctic Protocol," after "MARPOL Protocol" in subpar. (A), and "or the Antarctic Protocol" after "to the MARPOL Protocol" and "or Annex IV to the Antarctic Protocol" after "of the MARPOL Protocol" in subpar. (B).

Subsec. (d)(1). Pub. L. 104–227, §201(e)(8), inserted ", Article 5 of Annex IV to the Antarctic Protocol," after "Convention".

Subsec. (e)(1). Pub. L. 104–227, §201(e)(9), inserted "or the Antarctic Protocol" after "MARPOL Protocol" and substituted "those Protocols" for "that Protocol".

Subsec. (e)(2). Pub. L. 104–227, §201(e)(10), inserted ", of Annex IV to the Antarctic Protocol," after "MARPOL Protocol".

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

1987-Subsec. (c). Pub. L. 100–220, §2104(a), added par. (1), designated existing provisions as par. (2), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and in closing provisions of par. (2) substituted "The" for "If a report made under this subsection involves a ship, other than one of United States registry or nationality or one operated under the authority of the United States, the".

Subsecs. (d) to (f). Pub. L. 100–220, §2104(b), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).

Statutory Notes and Related Subsidiaries

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.