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U.S. Code as of:
01/19/04
Section 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) 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.
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