§ 1907. Violations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Act to Prevent Pollution from Ships

   Pub. L. 96–478 § 8 · 94 Stat. 2297

   Enacted · 33 U.S.C. § 1907

   Pub. L. 96–478, § 8, Oct. 21, 1980, 94 Stat. 2300

   Source evidence

   Code source credit
   Pub. L. 96–478, § 8, Oct. 21, 1980, 94 Stat. 2300

   Enacted provision · exact public law section
   Sec. 8. (a) It is unlawful to act in violation of the MARPOL Protocol, this Act, or the regulations issued thereunder. The Secretary shall cooperate with other parties to the MARPOL Protocol in the detection of violations and in enforcement of the MARPOL 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) 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 and whatever further action he considers appropriate under the circumstances. If the initial evidence was provided by a party to the MARPOL Protocol, the Secretary, acting through the Secretary of State, shall inform that party of the action taken or proposed. (c) While at a port or terminal subject to the jurisdiction of the United States, a ship to which the MARPOL Protocol applies may be inspected by the Secretary— (1) to verify whether or not the ship has discharged a harmful substance in violation of the MARPOL Protocol or this Act; or (2) to comply with a request from a party to the MARPOL Protocol for an investigation as to whether the ship may have discharged a harmful substance anywhere in violation of the MARPOL 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. 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 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) Remedies and requirements of this Act supplement and neither amend nor repeal any other provisions of law, except as expressly provided in this Act. Nothing in this Act 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 Act.

2. 1987

   United States-Japan Fishery Agreement Approval Act of 1987

   Pub. L. 100–220 § 2104(a) · 101 Stat. 1458

   1. Added · 33 U.S.C. § 1907(c)

      Pub. L. 100–220, § 2104(a), added par. (1)

   2. Amended · 33 U.S.C. § 1907(c)

      Pub. L. 100–220, § 2104(a), designated existing provisions as par. (2)

   3. Redesignated · 33 U.S.C. § 1907(c)

      Pub. L. 100–220, § 2104(a), 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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (a) Ship Inspections.— Section 8(c) of the Act to Prevent Pollution 33 USC 1907. from Ships is amended by— (1) striking “(1)” and inserting “(A)”; (2) striking “(2)” and inserting “(B)”; (3) inserting “(2)” immediately after “(c)”; (4) in the last sentence of paragraph (2) (as redesignated), striking “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” and inserting “The”; and (5) inserting before paragraph (2) (as redesignated) the following: “(1) This subsection applies to inspections relating to possible violations of Annex I or Annex II to the Convention by any seagoing ship referred to in section 3(a)(2) of this Act.”.

   Effective date note
   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.

3. 1987

   United States-Japan Fishery Agreement Approval Act of 1987

   Pub. L. 100–220 § 2104(b) · 101 Stat. 1458

   1. Added · 33 U.S.C. § 1907(d)(f)

      Pub. L. 100–220, § 2104(b), added subsecs. (d) and (e)

   2. Redesignated · 33 U.S.C. § 1907(d)(f)

      Pub. L. 100–220, § 2104(b), redesignated former subsec. (d) as (f)

   Source evidence

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

   Enacted provision · exact public law section
   (b) Ship Inspections Other Than at Port or Terminal.— Section 8 of the Act to Prevent Pollution from Ships is amended by redesignating 33 USC 1907. subsection (d) as subsection (f) and inserting after subsection (c) the following: “(d) (1) The Secretary may inspect a ship referred to in section 3(a)(3) of this Act to verify whether the ship has disposed of garbage in violation of Annex V to the Convention or this Act. “(2) If an inspection under this subsection indicates that a violation has occurred, the Secretary may undertake enforcement action under section 9 of this Act. “(e) (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 applies to verify whether the ship has discharged a harmful substance or disposed of garbage in violation of that Protocol or this Act. “(2) If an inspection under this subsection indicates that a violation of the MARPOL Protocol has occurred the Secretary may undertake enforcement action under section 9 of this Act.”.

   Effective date note
   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.

4. 1989

   Coast Guard Authorization Act of 1989

   Pub. L. 101–225 title II § 201(2) · 103 Stat. 1908

   Inserted · 33 U.S.C. § 1907(c)(1); 33 U.S.C. § 1907(e)(2)

   Pub. L. 101–225 inserted “or of this chapter”

   Source evidence

   Code amendment note
   Subsecs. (c)(1), (e)(2). Pub. L. 101–225 inserted “or of this chapter”.

   Enacted provision · exact public law section
   (2) in section 8(c)(1), by inserting “or of this Act” after “Convention”; and

5. 1996

   Antarctic Science, Tourism, and Conservation Act of 1996

   Pub. L. 104–227 § 201(e)(1) · 110 Stat. 3034

   Inserted · 33 U.S.C. § 1907(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) in the first sentence of subsection (a) by inserting “Annex IV to the Antarctic Protocol,” after “MARPOL Protocol,”;

6. 1996

   Antarctic Science, Tourism, and Conservation Act of 1996

   Pub. L. 104–227 § 201(e)(3) · 110 Stat. 3034

   Inserted · 33 U.S.C. § 1907(b)

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

   Source evidence

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

   Enacted provision · exact public law section
   (3) in subsection (b) by inserting “or the Antarctic Protocol” after “MARPOL Protocol” both places it appears;

7. 1996

   Antarctic Science, Tourism, and Conservation Act of 1996

   Pub. L. 104–227 § 201(e)(4) · 110 Stat. 3034

   Inserted · 33 U.S.C. § 1907(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (4) in subsection (c)(1) by inserting “, of Article 3 or Article 4 of Annex IV to the Antarctic Protocol,” after “to the Convention”;

8. 1996

   Antarctic Science, Tourism, and Conservation Act of 1996

   Pub. L. 104–227 § 201(e)(5) · 110 Stat. 3034

   Inserted · 33 U.S.C. § 1907(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)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (5) in subsection (c)(2) by inserting “or the Antarctic Protocol” after “which the MARPOL Protocol”;

9. 1996

   Antarctic Science, Tourism, and Conservation Act of 1996

   Pub. L. 104–227 § 201(e)(8) · 110 Stat. 3034

   Inserted · 33 U.S.C. § 1907(d)(1)

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

   Source evidence

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

   Enacted provision · exact public law section
   (8) in subsection (d)(1) by inserting “, Article 5 of Annex IV to the Antarctic Protocol,” after “Convention”;

10. 1996

    Antarctic Science, Tourism, and Conservation Act of 1996

    Pub. L. 104–227 § 201(e)(9) · 110 Stat. 3034

    1. Inserted · 33 U.S.C. § 1907(e)(1)

       Pub. L. 104–227, § 201(e)(9), inserted “or the Antarctic Protocol” after “MARPOL Protocol”

    2. Substituted · 33 U.S.C. § 1907(e)(1)

       Pub. L. 104–227, § 201(e)(9), substituted “those Protocols” for “that Protocol”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (9) in subsection (e)(1)— (A) by inserting “or the Antarctic Protocol” after “MARPOL Protocol”; and (B) by striking “that Protocol” and inserting in lieu thereof “those Protocols”; and

11. 1996

    Antarctic Science, Tourism, and Conservation Act of 1996

    Pub. L. 104–227 § 201(e)(10) · 110 Stat. 3034

    Inserted · 33 U.S.C. § 1907(e)(2)

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

    Source evidence

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

    Enacted provision · exact public law section
    (10) in subsection (e)(2) by inserting “, of Annex IV to the Antarctic Protocol,” after “MARPOL Protocol”.

12. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 8 · 122 Stat. 2611

    Repealed · 33 U.S.C. § 1907(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 8. INSPECTIONS.   Section 8(f) (33 U.S.C. 1907(f)) is amended to read as follows: “(f) (1) The Secretary may inspect a ship to which this Act applies as provided under section 3(a)(5), to verify whether the ship is in compliance with Annex VI to the Convention and this Act. “(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.” .

16 of 16 references resolved to an enrolled provision