Browse Arkansas Code titles and sections

33 U.S.C. § 1907 — Violations

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1907 — Violations

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1907

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 3c4f0587817b0ebd35ad65c4676a7eada6abca105fb17dc4b56f03bbe9fe5eb7. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_6f517f81357542c9d73da648
Source file: Laws/federal/codes/united-states-code/title-33/section-1907-violations--60dc6101a8.md
Pages: Not recorded – Not recorded
Passage SHA-256: 0391f6c2d2a117374e97d66cc41e480d3c5d7cf698df0835dbae496442f753f6

Source location: Title 33, Chapter 33, § 1907; chapter-033-prevention-of-pollution-from-ships.md

Stored source content

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1902/a/2&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1902/a/3&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1908&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1908&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1902/a/5&num=0&edition=prelim), 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.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1901 — Definitions

**(a)** Unless the context indicates otherwise, as used in this chapter— (1) “Administrator” means the Administrator of the Environmental Protection Agency; (2) “Antarctica” means the area south of 60 degrees south latitude; (3) “Antarctic Protocol” means the Protocol on Environmental Protection to the Antarctic Treaty, signed October 4, 1991, in Madrid, and all annexes thereto, and includes any future amendments thereto which have entered into force; (4) “MARPOL Protocol” means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, and includes the Convention; (5) “Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I, II, V, and VI thereto, including any modification or amendments to the Convention, Protocols, or Annexes which have entered into force for the United States; (6) “discharge”, “emission”, “garbage”, “harmful substance”, and “incident” shall have the meanings provided in the Convention; (7) “navigable waters” includes the territorial sea of the United States (as defined in Presidential Proclamation 5928 of December 27, 1988) and the internal waters of the United States; (8) “owner” means any person holding title to, or in the absence of title, any other indicia of ownership of, a ship or terminal, but does not include a person who, without participating in the management or operation of a ship or terminal, holds indicia of ownership primarily to protect a security interest in the ship or terminal; (9) “operator” means— (a) in the case of a ship, a charterer by demise or any other person, except the owner, who is responsible for the operation, manning, victualing, and supplying of the vessel, or (b) in the c

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1901

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1908 — Penalties for violations

**(a) Criminal penalties; payment for information leading to conviction** A person who knowingly violates the MARPOL Protocol, Annex IV to the Antarctic 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 ½ of such fine may be paid to the person giving information leading to conviction. **(b) Civil penalties; separate violations; assessment notice; considerations affecting amount; payment for information leading to assessment of penalty** A person who is found by the Secretary, or the Administrator as provided for in this chapter, after notice and an opportunity for a hearing, to have— (1) violated the MARPOL Protocol, Annex IV to the Antarctic Protocol, this chapter, or the regulations issued thereunder shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation; or (2) made a false, fictitious, or fraudulent statement or representation in any matter in which a statement or representation is required to be made to the Secretary, or the Administrator as provided for in this chapter, under the MARPOL Protocol, Annex IV to the Antarctic Protocol, this chapter, or the regulations thereunder, shall be liable to the United States for a civil penalty, not to exceed $5,000 for each statement or representation. Each day of a continuing violation shall constitute a separate violation. The amount of the civil penalty shall be assessed by the Secretary, or the Administrator as provided for in this chapter or his designee, by written notice. In determining the amount of the penalty, the Secretary, or the Administrator as provided for in this chapter, shall take into account the nature, circumstances, extent, and gravity of the prohibited acts

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1908

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1907 — Violations

Page 672 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1906 1989—Subsec. (c)(1). Pub. L. 101–225 substituted ‘‘Annex I and Annex II’’ for ‘‘Annex V’’. 1987—Subsec. (a). Pub. L. 100–220, § 2103(a), designated existing provisions as par. (1), substituted ‘‘a port’s or terminal’s reception facilities for mixtures containing oil or noxious liquid substances’’ for ‘‘reception facili- ties of a port or terminal’’, and added par. (2). Subsec. (b). Pub. L. 100–220, § 2103(b), inserted ‘‘and in establishing regulations under subsection (a) of this section,’’ and ‘‘ships or’’. Subsec. (c). Pub. L. 100–220, § 2103(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘If, upon inspection, reception facilities of a port or terminal are adequate to meet the requirements of the MARPOL Protocol and the regulations estab- lished hereunder, the Secretary shall, after consulta- tion with the Administrator of the Environmental Pro- tection 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 Sec- retary for cause or because of changed conditions; and ‘‘(2) shall be available for inspection upon the re- quest 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 regu- lation.’’ Subsec. (e). Pub. L. 100–220, § 2103(d), designated exist- ing 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 Proto

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1907

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.