|
U.S. Code as of:
01/19/04
Section 1908. Penalties for violations
(a) Criminal penalties; payment for information leading to
conviction
A person who knowingly violates the MARPOL Protocol,,(!1) 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 1/2 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, after notice and an
opportunity for a hearing, to have -
(1) violated the MARPOL Protocol,,(!1) 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 under the
MARPOL Protocol,,(!1) 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 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. An amount equal to not more
than 1/2 of such penalties may be paid by the Secretary to the
person giving information leading to the assessment of such
penalties.
(c) Abatement of civil penalties; collection by Attorney General
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) Liability in rem; district court jurisdiction
A ship operated in violation of the MARPOL Protocol,,(!1) Annex
IV to the Antarctic Protocol, this chapter, or the regulations
thereunder is liable in rem for any fine imposed under subsection
(a) of this section or civil penalty assessed pursuant to
subsection (b) of this section, and may be proceeded against in the
United States district court of any district in which the ship may
be found.
(e) Ship clearance or permits; refusal or revocation; bond or other
surety
If any ship subject to the MARPOL Protocol, Annex IV to the
Antarctic Protocol, or this chapter, 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 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.
(f) Referrals for appropriate action by foreign country
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 the Antarctic Protocol, or
one operated under the authority of a country party to the MARPOL
Protocol or the Antarctic Protocol, the Secretary, acting in
coordination with the Secretary of State, may refer the matter to
the government of the country of the ship's registry or
nationality, or under whose authority the ship is operating for
appropriate action, rather than taking the actions required or
authorized by this section.
|
|