§1908 Penalties for Violations

Codification In subsec. (e), “section 60105 of title 46” substituted for “section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)” on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.

2014—Subsec. (g). Pub. L. 113–281 added subsec. (g). 2008—Pub. L. 110–280, § 10(1), substituted “MARPOL Protocol,” for “MARPOL Protocol,,” wherever appearing in subsecs. (a), (b), and (d). 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. Pub. L. 110–280, § 10(2)(A), in introductory provisions, inserted “or the Administrator as provided for in this chapter,” after “Secretary,”. Subsec. (b)(2). Pub. L. 110–280, § 10(2)(B), inserted “, or the Administrator as provided for in this chapter,” after “Secretary”. Subsec. (c). Pub. L. 110–280, § 10(3), inserted “, or the Administrator as provided for in this chapter,” after “Secretary” in two places. Subsec. (f). Pub. L. 110–280, § 10(4), inserted “or the Administrator as provided for in this chapter” after “Secretary,”. 1996—Subsec. (a). Pub. L. 104–227, § 201(f)(1), inserted “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol,”. 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). Subsec. (d). Pub. L. 104–227, § 201(f)(4), inserted “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol,”. Subsec. (e). Pub. L. 104–227, § 201(f)(5), inserted “, Annex IV to the Antarctic Protocol,” after “MARPOL Protocol”. Subsec. (f). Pub. L. 104–227, § 201(f)(6), inserted “or the Antarctic Protocol” after “MARPOL Protocol” in two places. 1993—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.” 1990—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”. 1987—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.” 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.” 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”.

of 1990 AmendmentAmendment 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

note under section 2701 of this title.

of 1987 AmendmentAmendment 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.