§ 1908. Penalties for 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 § 9 · 94 Stat. 2297

   Enacted · 33 U.S.C. § 1908

   Pub. L. 96–478, § 9, Oct. 21, 1980, 94 Stat. 2301

   Source evidence

   Code source credit
   Pub. L. 96–478, § 9, Oct. 21, 1980, 94 Stat. 2301

   Enacted provision · exact public law section
   Sec. 9. (a) A person who knowingly violates the MARPOL Protocol, Violations and penalties. 33 USC 1908. this Act, or the regulations issued thereunder shall, for each violation, be fined not more than $50,000 or be imprisoned for not more than 5 years, or both. (b) A person who is found by the Secretary, after notice and an opportunity for a hearing, to have— (1) violated the MARPOL Protocol, this Act, 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, this Act, 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. (c) 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) A ship operated in violation of the MARPOL Protocol, this Act, or the regulations thereunder is liable in rem for any fine imposed under subsection (a) or civil penalty assessed pursuant to subsection (b), and may be proceeded against in the United States district court of any district in which the ship may be found. (e) If any ship subject to the MARPOL Protocol or this Act, 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— (1) the clearance required by section 4197 of the Revised Statutes of the United States, as amended (46 U.S.C. 91); or (2) a permit to proceed under section 4367 of the Revised Statutes of the United States (46 U.S.C. 313) or section 443 of the Tariff Act 1930, as amended (19 U.S.C. 1443). Clearance or a permit to proceed may be granted upon the filing of a bond or other surety satisfactory to the Secretary. (f) 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 one operated under the authority of a country party to the MARPOL Protocol, the Secretary, acting in coordination with the Secretary of State, may refer the matter to that country for appropriate action, rather than taking the actions required or authorized by this section.

2. 1987

   United States-Japan Fishery Agreement Approval Act of 1987

   Pub. L. 100–220 § 2105(a)(1) · 101 Stat. 1458

   Inserted · 33 U.S.C. § 1908(a)

   Pub. L. 100–220, § 2105(a)(1), inserted at end “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.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–220, § 2105(a)(1), inserted at end “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.”

   Enacted provision · exact public law section
   (1) Information leading to conviction.— Section 9(a) of the Act to Prevent Pollution From Ships is amended by inserting after the first sentence the following: “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.”.

3. 1987

   United States-Japan Fishery Agreement Approval Act of 1987

   Pub. L. 100–220 § 2105(a)(2) · 101 Stat. 1458

   Inserted · 33 U.S.C. § 1908(b)

   Pub. L. 100–220, § 2105(a)(2), inserted at end “An amount equal to not more than ½ of such penalties may be paid by the Secretary to the person giving information leading to the assessment of such penalties.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–220, § 2105(a)(2), inserted at end “An amount equal to not more than ½ of such penalties may be paid by the Secretary to the person giving information leading to the assessment of such penalties.”

   Enacted provision · exact public law section
   (2) Information leading to assessment of penalty.— Section 9(b) of the Act to Prevent Pollution From Ships is amended by adding at the end the following: “An amount equal to not more than 14 of such penalties may be paid by the Secretary to the person giving information leading to the assessment of such penalties.”.

4. 1987

   United States-Japan Fishery Agreement Approval Act of 1987

   Pub. L. 100–220 § 2105(b) · 101 Stat. 1458

   Substituted · 33 U.S.C. § 1908(f)

   Pub. L. 100–220, § 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”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 100–220, § 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”.

   Enacted provision · exact public law section
   (b) Reference of Violation to Country of Registry or Nationality.— Section 9(f) of the Act to Prevent Pollution from Ships is amended by striking “to that country” and inserting “to the government of the country of the ship’s registry or nationality, or under whose authority the ship is operating”.

5. 1990

   Oil Pollution Act of 1990

   Pub. L. 101–380 title IV § 4302(n) · 104 Stat. 484

   Substituted · 33 U.S.C. § 1908(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (n) Act To Prevent Pollution From Ships.— Section 9(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1908(a)) is amended by striking “shall, for each violation, be fined not more than $50,000 or be imprisoned for not more than 5 years, or both.” and inserting “commits a class D felony.”.

   Effective date note
   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.

6. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 title VI § 688 · 107 Stat. 2057

   Substituted · 33 U.S.C. § 1908(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—

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SEC. 688. AMENDMENT TO THE ACT TO PREVENT POLLUTION FROM SHIPS. Section 9(e) of the Act to Prevent Pollution from Ships (94 Stat. 2301, 33 U.S.C. 1908(e)) is amended by striking out “shall refuse or revoke” and all of the text following thereafter and inserting “shall refuse or revoke the clearance required by section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91). Clearance may be granted upon the filing of a bond or other surety satisfactory to the Secretary.”.

7. 1996

   Antarctic Science, Tourism, and Conservation Act of 1996

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

   Inserted · 33 U.S.C. § 1908(a)

   Pub. L. 104–227, § 201(f)(1), inserted “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–227, § 201(f)(1), inserted “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol,”.

   Enacted provision · exact public law section
   SEC. 201. AMENDMENTS TO ACT TO PREVENT POLLUTION FROM SHIPS. (a) Definitions.— Section 2 of the Act to Prevent Pollution from Ships (33 U.S.C. 1901) is amended— (1) by redesignating paragraphs (1) through (10) of subsection (a) as paragraphs (3) through (12), respectively; (2) by inserting before paragraph (3), as so redesignated by paragraph (1) of this subsection, the following new paragraphs: “(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;”; and (3) by adding at the end the following new subsection: “(c) For the purposes of this Act, the requirements of Annex IV to the Antarctic Protocol shall apply in Antarctica to all vessels over which the United States has jurisdiction.”. (b) Application of Act.— Section 3(b)(1)(B) of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(b)(1)(B)) is amended by inserting “or the Antarctic Protocol” after “MARPOL Protocol”. (c) Administration.— Section 4 of the Act to Prevent Pollution from Ships (33 U.S.C. 1903) is amended— (1) by inserting “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol” in the first sentence of subsection (a); (2) in subsection (b)(1) by inserting “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol”; (3) in subsection (b)(2)(A) by striking “within 1 year after the effective date of this paragraph,”; and (4) in subsection (b)(2)(A)(i) by inserting “ and of Annex IV to the Antarctic Protocol” after “the Convention”. (d) Pollution Reception Facilities.— Section 6 of the Act to Prevent Pollution from Ships (33 U.S.C. 1905) is amended— (1) in subsection (b) by inserting “or the Antarctic Protocol” after “the MARPOL Protocol”; (2) in subsection (e)(i) by inserting “or the Antarctic Protocol” after “the Convention”; (3) in subsection (e)(1)(A) by inserting “or Article 9 of Annex IV to the Antarctic Protocol” after “the Convention”; and (4) in subsection (f) by inserting “or the Antarctic Protocol” after “the MARPOL Protocol”. (e) Violations.— Section 8 of the Act to Prevent Pollution from Ships (33 U.S.C. 1907) is amended— (1) in the first sentence of subsection (a) by inserting “Annex IV to the Antarctic Protocol,” after “MARPOL Protocol,”; (2) in the second sentence of subsection (a)— (A) by inserting “or to the Antarctic Protocol” after “to the MARPOL Protocol”; and (B) by inserting “and Annex IV to the Antarctic Protocol” after “of the MARPOL Protocol”; (3) in subsection (b) by inserting “or the Antarctic Protocol” after “MARPOL Protocol” both places it appears; (4) in subsection (c)(1) by inserting “, of Article 3 or Article 4 of Annex IV to the Antarctic Protocol,” after “to the Convention”; (5) in subsection (c)(2) by inserting “or the Antarctic Protocol” after “which the MARPOL Protocol”; (6) in subsection (c)(2)(A) by inserting “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol”; (7) in subsection (c)(2)(B)— (A) by inserting “or the Antarctic Protocol” after “to the MARPOL Protocol”; and (B) by inserting “or Annex IV to the Antarctic Protocol” after “of the MARPOL Protocol”; (8) in subsection (d)(1) by inserting “, Article 5 of Annex IV to the Antarctic Protocol,” after “Convention”; (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 (10) in subsection (e)(2) by inserting “, of Annex IV to the Antarctic Protocol,” after “MARPOL Protocol”.

8. 1996

   Antarctic Science, Tourism, and Conservation Act of 1996

   Pub. L. 104–227 § 201(f)(2) · 110 Stat. 3034

   Inserted · 33 U.S.C. § 1908(b)

   Pub. L. 104–227, § 201(f)(2), (3), inserted “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol,” in pars. (1) and (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–227, § 201(f)(2), (3), inserted “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol,” in pars. (1) and (2).

   Enacted provision · exact public law section
   SEC. 201. AMENDMENTS TO ACT TO PREVENT POLLUTION FROM SHIPS. (a) Definitions.— Section 2 of the Act to Prevent Pollution from Ships (33 U.S.C. 1901) is amended— (1) by redesignating paragraphs (1) through (10) of subsection (a) as paragraphs (3) through (12), respectively; (2) by inserting before paragraph (3), as so redesignated by paragraph (1) of this subsection, the following new paragraphs: “(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;”; and (3) by adding at the end the following new subsection: “(c) For the purposes of this Act, the requirements of Annex IV to the Antarctic Protocol shall apply in Antarctica to all vessels over which the United States has jurisdiction.”. (b) Application of Act.— Section 3(b)(1)(B) of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(b)(1)(B)) is amended by inserting “or the Antarctic Protocol” after “MARPOL Protocol”. (c) Administration.— Section 4 of the Act to Prevent Pollution from Ships (33 U.S.C. 1903) is amended— (1) by inserting “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol” in the first sentence of subsection (a); (2) in subsection (b)(1) by inserting “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol”; (3) in subsection (b)(2)(A) by striking “within 1 year after the effective date of this paragraph,”; and (4) in subsection (b)(2)(A)(i) by inserting “ and of Annex IV to the Antarctic Protocol” after “the Convention”. (d) Pollution Reception Facilities.— Section 6 of the Act to Prevent Pollution from Ships (33 U.S.C. 1905) is amended— (1) in subsection (b) by inserting “or the Antarctic Protocol” after “the MARPOL Protocol”; (2) in subsection (e)(i) by inserting “or the Antarctic Protocol” after “the Convention”; (3) in subsection (e)(1)(A) by inserting “or Article 9 of Annex IV to the Antarctic Protocol” after “the Convention”; and (4) in subsection (f) by inserting “or the Antarctic Protocol” after “the MARPOL Protocol”. (e) Violations.— Section 8 of the Act to Prevent Pollution from Ships (33 U.S.C. 1907) is amended— (1) in the first sentence of subsection (a) by inserting “Annex IV to the Antarctic Protocol,” after “MARPOL Protocol,”; (2) in the second sentence of subsection (a)— (A) by inserting “or to the Antarctic Protocol” after “to the MARPOL Protocol”; and (B) by inserting “and Annex IV to the Antarctic Protocol” after “of the MARPOL Protocol”; (3) in subsection (b) by inserting “or the Antarctic Protocol” after “MARPOL Protocol” both places it appears; (4) in subsection (c)(1) by inserting “, of Article 3 or Article 4 of Annex IV to the Antarctic Protocol,” after “to the Convention”; (5) in subsection (c)(2) by inserting “or the Antarctic Protocol” after “which the MARPOL Protocol”; (6) in subsection (c)(2)(A) by inserting “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol”; (7) in subsection (c)(2)(B)— (A) by inserting “or the Antarctic Protocol” after “to the MARPOL Protocol”; and (B) by inserting “or Annex IV to the Antarctic Protocol” after “of the MARPOL Protocol”; (8) in subsection (d)(1) by inserting “, Article 5 of Annex IV to the Antarctic Protocol,” after “Convention”; (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 (10) in subsection (e)(2) by inserting “, of Annex IV to the Antarctic Protocol,” after “MARPOL Protocol”.

9. 1996

   Antarctic Science, Tourism, and Conservation Act of 1996

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

   Inserted · 33 U.S.C. § 1908(d)

   Pub. L. 104–227, § 201(f)(4), inserted “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol,”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–227, § 201(f)(4), inserted “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol,”.

   Enacted provision · exact public law section
   SEC. 201. AMENDMENTS TO ACT TO PREVENT POLLUTION FROM SHIPS. (a) Definitions.— Section 2 of the Act to Prevent Pollution from Ships (33 U.S.C. 1901) is amended— (1) by redesignating paragraphs (1) through (10) of subsection (a) as paragraphs (3) through (12), respectively; (2) by inserting before paragraph (3), as so redesignated by paragraph (1) of this subsection, the following new paragraphs: “(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;”; and (3) by adding at the end the following new subsection: “(c) For the purposes of this Act, the requirements of Annex IV to the Antarctic Protocol shall apply in Antarctica to all vessels over which the United States has jurisdiction.”. (b) Application of Act.— Section 3(b)(1)(B) of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(b)(1)(B)) is amended by inserting “or the Antarctic Protocol” after “MARPOL Protocol”. (c) Administration.— Section 4 of the Act to Prevent Pollution from Ships (33 U.S.C. 1903) is amended— (1) by inserting “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol” in the first sentence of subsection (a); (2) in subsection (b)(1) by inserting “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol”; (3) in subsection (b)(2)(A) by striking “within 1 year after the effective date of this paragraph,”; and (4) in subsection (b)(2)(A)(i) by inserting “ and of Annex IV to the Antarctic Protocol” after “the Convention”. (d) Pollution Reception Facilities.— Section 6 of the Act to Prevent Pollution from Ships (33 U.S.C. 1905) is amended— (1) in subsection (b) by inserting “or the Antarctic Protocol” after “the MARPOL Protocol”; (2) in subsection (e)(i) by inserting “or the Antarctic Protocol” after “the Convention”; (3) in subsection (e)(1)(A) by inserting “or Article 9 of Annex IV to the Antarctic Protocol” after “the Convention”; and (4) in subsection (f) by inserting “or the Antarctic Protocol” after “the MARPOL Protocol”. (e) Violations.— Section 8 of the Act to Prevent Pollution from Ships (33 U.S.C. 1907) is amended— (1) in the first sentence of subsection (a) by inserting “Annex IV to the Antarctic Protocol,” after “MARPOL Protocol,”; (2) in the second sentence of subsection (a)— (A) by inserting “or to the Antarctic Protocol” after “to the MARPOL Protocol”; and (B) by inserting “and Annex IV to the Antarctic Protocol” after “of the MARPOL Protocol”; (3) in subsection (b) by inserting “or the Antarctic Protocol” after “MARPOL Protocol” both places it appears; (4) in subsection (c)(1) by inserting “, of Article 3 or Article 4 of Annex IV to the Antarctic Protocol,” after “to the Convention”; (5) in subsection (c)(2) by inserting “or the Antarctic Protocol” after “which the MARPOL Protocol”; (6) in subsection (c)(2)(A) by inserting “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol”; (7) in subsection (c)(2)(B)— (A) by inserting “or the Antarctic Protocol” after “to the MARPOL Protocol”; and (B) by inserting “or Annex IV to the Antarctic Protocol” after “of the MARPOL Protocol”; (8) in subsection (d)(1) by inserting “, Article 5 of Annex IV to the Antarctic Protocol,” after “Convention”; (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 (10) in subsection (e)(2) by inserting “, of Annex IV to the Antarctic Protocol,” after “MARPOL Protocol”.

10. 1996

    Antarctic Science, Tourism, and Conservation Act of 1996

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

    Inserted · 33 U.S.C. § 1908(e)

    Pub. L. 104–227, § 201(f)(5), inserted “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–227, § 201(f)(5), inserted “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol”.

    Enacted provision · exact public law section
    SEC. 201. AMENDMENTS TO ACT TO PREVENT POLLUTION FROM SHIPS. (a) Definitions.— Section 2 of the Act to Prevent Pollution from Ships (33 U.S.C. 1901) is amended— (1) by redesignating paragraphs (1) through (10) of subsection (a) as paragraphs (3) through (12), respectively; (2) by inserting before paragraph (3), as so redesignated by paragraph (1) of this subsection, the following new paragraphs: “(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;”; and (3) by adding at the end the following new subsection: “(c) For the purposes of this Act, the requirements of Annex IV to the Antarctic Protocol shall apply in Antarctica to all vessels over which the United States has jurisdiction.”. (b) Application of Act.— Section 3(b)(1)(B) of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(b)(1)(B)) is amended by inserting “or the Antarctic Protocol” after “MARPOL Protocol”. (c) Administration.— Section 4 of the Act to Prevent Pollution from Ships (33 U.S.C. 1903) is amended— (1) by inserting “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol” in the first sentence of subsection (a); (2) in subsection (b)(1) by inserting “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol”; (3) in subsection (b)(2)(A) by striking “within 1 year after the effective date of this paragraph,”; and (4) in subsection (b)(2)(A)(i) by inserting “ and of Annex IV to the Antarctic Protocol” after “the Convention”. (d) Pollution Reception Facilities.— Section 6 of the Act to Prevent Pollution from Ships (33 U.S.C. 1905) is amended— (1) in subsection (b) by inserting “or the Antarctic Protocol” after “the MARPOL Protocol”; (2) in subsection (e)(i) by inserting “or the Antarctic Protocol” after “the Convention”; (3) in subsection (e)(1)(A) by inserting “or Article 9 of Annex IV to the Antarctic Protocol” after “the Convention”; and (4) in subsection (f) by inserting “or the Antarctic Protocol” after “the MARPOL Protocol”. (e) Violations.— Section 8 of the Act to Prevent Pollution from Ships (33 U.S.C. 1907) is amended— (1) in the first sentence of subsection (a) by inserting “Annex IV to the Antarctic Protocol,” after “MARPOL Protocol,”; (2) in the second sentence of subsection (a)— (A) by inserting “or to the Antarctic Protocol” after “to the MARPOL Protocol”; and (B) by inserting “and Annex IV to the Antarctic Protocol” after “of the MARPOL Protocol”; (3) in subsection (b) by inserting “or the Antarctic Protocol” after “MARPOL Protocol” both places it appears; (4) in subsection (c)(1) by inserting “, of Article 3 or Article 4 of Annex IV to the Antarctic Protocol,” after “to the Convention”; (5) in subsection (c)(2) by inserting “or the Antarctic Protocol” after “which the MARPOL Protocol”; (6) in subsection (c)(2)(A) by inserting “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol”; (7) in subsection (c)(2)(B)— (A) by inserting “or the Antarctic Protocol” after “to the MARPOL Protocol”; and (B) by inserting “or Annex IV to the Antarctic Protocol” after “of the MARPOL Protocol”; (8) in subsection (d)(1) by inserting “, Article 5 of Annex IV to the Antarctic Protocol,” after “Convention”; (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 (10) in subsection (e)(2) by inserting “, of Annex IV to the Antarctic Protocol,” after “MARPOL Protocol”.

11. 1996

    Antarctic Science, Tourism, and Conservation Act of 1996

    Pub. L. 104–227 § 201(f)(6) · 110 Stat. 3034

    Inserted · 33 U.S.C. § 1908(f)

    Pub. L. 104–227, § 201(f)(6), inserted “or the Antarctic Protocol” after “MARPOL Protocol” in two places

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–227, § 201(f)(6), inserted “or the Antarctic Protocol” after “MARPOL Protocol” in two places.

    Enacted provision · exact public law section
    SEC. 201. AMENDMENTS TO ACT TO PREVENT POLLUTION FROM SHIPS. (a) Definitions.— Section 2 of the Act to Prevent Pollution from Ships (33 U.S.C. 1901) is amended— (1) by redesignating paragraphs (1) through (10) of subsection (a) as paragraphs (3) through (12), respectively; (2) by inserting before paragraph (3), as so redesignated by paragraph (1) of this subsection, the following new paragraphs: “(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;”; and (3) by adding at the end the following new subsection: “(c) For the purposes of this Act, the requirements of Annex IV to the Antarctic Protocol shall apply in Antarctica to all vessels over which the United States has jurisdiction.”. (b) Application of Act.— Section 3(b)(1)(B) of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(b)(1)(B)) is amended by inserting “or the Antarctic Protocol” after “MARPOL Protocol”. (c) Administration.— Section 4 of the Act to Prevent Pollution from Ships (33 U.S.C. 1903) is amended— (1) by inserting “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol” in the first sentence of subsection (a); (2) in subsection (b)(1) by inserting “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol”; (3) in subsection (b)(2)(A) by striking “within 1 year after the effective date of this paragraph,”; and (4) in subsection (b)(2)(A)(i) by inserting “ and of Annex IV to the Antarctic Protocol” after “the Convention”. (d) Pollution Reception Facilities.— Section 6 of the Act to Prevent Pollution from Ships (33 U.S.C. 1905) is amended— (1) in subsection (b) by inserting “or the Antarctic Protocol” after “the MARPOL Protocol”; (2) in subsection (e)(i) by inserting “or the Antarctic Protocol” after “the Convention”; (3) in subsection (e)(1)(A) by inserting “or Article 9 of Annex IV to the Antarctic Protocol” after “the Convention”; and (4) in subsection (f) by inserting “or the Antarctic Protocol” after “the MARPOL Protocol”. (e) Violations.— Section 8 of the Act to Prevent Pollution from Ships (33 U.S.C. 1907) is amended— (1) in the first sentence of subsection (a) by inserting “Annex IV to the Antarctic Protocol,” after “MARPOL Protocol,”; (2) in the second sentence of subsection (a)— (A) by inserting “or to the Antarctic Protocol” after “to the MARPOL Protocol”; and (B) by inserting “and Annex IV to the Antarctic Protocol” after “of the MARPOL Protocol”; (3) in subsection (b) by inserting “or the Antarctic Protocol” after “MARPOL Protocol” both places it appears; (4) in subsection (c)(1) by inserting “, of Article 3 or Article 4 of Annex IV to the Antarctic Protocol,” after “to the Convention”; (5) in subsection (c)(2) by inserting “or the Antarctic Protocol” after “which the MARPOL Protocol”; (6) in subsection (c)(2)(A) by inserting “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol”; (7) in subsection (c)(2)(B)— (A) by inserting “or the Antarctic Protocol” after “to the MARPOL Protocol”; and (B) by inserting “or Annex IV to the Antarctic Protocol” after “of the MARPOL Protocol”; (8) in subsection (d)(1) by inserting “, Article 5 of Annex IV to the Antarctic Protocol,” after “Convention”; (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 (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 § 10(1) · 122 Stat. 2611

    Substituted · 33 U.S.C. § 1908

    Pub. L. 110–280, § 10(1), substituted “MARPOL Protocol,” for “MARPOL Protocol,,” wherever appearing in subsecs. (a), (b), and (d)

    Source evidence

    Code amendment note
    Pub. L. 110–280, § 10(1), substituted “MARPOL Protocol,” for “MARPOL Protocol,,” wherever appearing in subsecs. (a), (b), and (d).

    Enacted provision · exact public law section
    (1) by striking “Protocol,,” each place it appears and inserting “Protocol,”;

13. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 10(2)(C) · 122 Stat. 2611

    Inserted · 33 U.S.C. § 1908(b)

    Pub. L. 110–280, § 10(2)(C), in concluding provisions, inserted “or the Administrator as provided for in this chapter” after “Secretary,” and “, or the Administrator as provided for in this chapter,” after “Secretary” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–280, § 10(2)(C), in concluding provisions, inserted “or the Administrator as provided for in this chapter” after “Secretary,” and “, or the Administrator as provided for in this chapter,” after “Secretary” in two places.

    Enacted provision · exact public law section
    (C) in the matter after paragraph (2)— (i) by inserting “or the Administrator as provided for in this Act” after “Secretary,” the first place it appears; and (ii) by inserting “, or the Administrator as provided for in this Act,” after “Secretary” the second and third places it appears;

14. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 10(2)(A) · 122 Stat. 2611

    Inserted · 33 U.S.C. § 1908(b)

    Pub. L. 110–280, § 10(2)(A), in introductory provisions, inserted “or the Administrator as provided for in this chapter,” after “Secretary,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–280, § 10(2)(A), in introductory provisions, inserted “or the Administrator as provided for in this chapter,” after “Secretary,”.

    Enacted provision · exact public law section
    (A) by inserting “or the Administrator as provided for in this Act,” after “Secretary,” the first place it appears;

15. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 10(2)(B) · 122 Stat. 2611

    Inserted · 33 U.S.C. § 1908(b)(2)

    Pub. L. 110–280, § 10(2)(B), inserted “, or the Administrator as provided for in this chapter,” after “Secretary”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 110–280, § 10(2)(B), inserted “, or the Administrator as provided for in this chapter,” after “Secretary”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by inserting “, or the Administrator as provided for in this Act,” after “Secretary”; and

16. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 10(3) · 122 Stat. 2611

    Inserted · 33 U.S.C. § 1908(c)

    Pub. L. 110–280, § 10(3), inserted “, or the Administrator as provided for in this chapter,” after “Secretary” in two places

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 110–280, § 10(3), inserted “, or the Administrator as provided for in this chapter,” after “Secretary” in two places.

    Enacted provision · exact public law section
    (3) in subsection (c), by inserting “, or the Administrator as provided for in this Act,” after “Secretary” each place it appears; and

17. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 10(4) · 122 Stat. 2611

    Inserted · 33 U.S.C. § 1908(f)

    Pub. L. 110–280, § 10(4), inserted “or the Administrator as provided for in this chapter” after “Secretary,”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 110–280, § 10(4), inserted “or the Administrator as provided for in this chapter” after “Secretary,”.

    Enacted provision · exact public law section
    (4) in subsection (f), by inserting “or the Administrator as provided for in this Act” after “Secretary,” the first place appears.

18. 2014

    Howard Coble Coast Guard and Maritime Transportation Act of 2014

    Pub. L. 113–281 title III § 320(c) · 128 Stat. 3022

    Added · 33 U.S.C. § 1908(g)

    Pub. L. 113–281 added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 113–281 added subsec. (g).

    Enacted provision · exact public law section
    (c) Conforming Amendment.— Section 9 of the Act to Prevent Pollution from Ships (33 U.S.C. 1908) is amended by adding at the end the following: “(g) Any penalty collected under subsection (a) or (b) that is not paid under that subsection to the person giving information leading to the conviction or assessment of such penalties shall be deposited in the Abandoned Seafarers Fund established under section 11113 of title 46, United States Code.” .

18 of 18 references resolved to an enrolled provision