579 



ment, the Secretary shall establish an effective date 

 not later than January 1, 1976, with respect to for- 

 eign vessels and United States-flag vessels operating 

 in the foreign trade, for rules and regulations pre- 

 viously published pui-suant to this subjection (7) 

 which he then deems appropriate. Rules and regula- 

 tions publishcu puisuant to subsection (7) (A) shall 

 be effective not later than June 30, 1974, with respect 

 to United States-flag vessels engaged in the coast- 

 wise trade. 



(D) Any rule or regulation for protection of the 

 marine environment promulgated pursuant to this 

 subsection (7) shall be equally applicable to foreign 

 vessels and United States-flag vessels operating in 

 the foreign trade. If a treaty, convention, or agree- 

 ment provides for reciprocity of recognition of cer- 

 tificates or other documents to be issued to vessels 

 by countries party thereto, which evidence compli- 

 ance with rules and regulations issued pursuant to 

 such treaty, convention, or agreement, the Secre- 

 tary, in his discretion, may accept such cerUflcates 

 or documents as evidence of compliance with such 

 rules and regulations in lieu of the certificate of 

 compliance otherwise required by subsection (6) of 

 this section. 



(8) Shipping documents. 



Vessels subject to the provisions of this section 

 shall have on board such shipping documents as may 

 be prescribed by the Secretary indicating the kinds, 

 grades, and approximate quantities of such cargo on 

 board such vessel, the shippers and consignees 

 thereof, and the location of the shipping and des- 

 tination points. 



(9) ORicers; tankermen; certification. 



(A) In all cases where the certificate of inspec- 

 tion does not require at least two licensed ofBcers, the 

 Secretary shall enter in the permit issued to any ves- 

 sel under the provisions of this section the number 

 of the crew required to be certified as tankermen. 



(B) The Secretary shall issue to applicants certif- 

 icates as tankermen, stating the kinds of cargo the 

 holder of such certificate is, in the judgment of the 

 Secretary, qualified to handle aboard vessels with 

 safety, upon satisfactory proof and examination, In 

 form and manner prescribed by the Secretary, that 

 the applicant is in good physical condition, that such 

 applicant is trained in and capable efiBciently to 

 perform the necessary operations aboard vessels 

 having such cargo on board, and that the applicant 

 fulfills the qualifications of tankerman as prescribed 

 by the Secretary under the provisions of this sec- 

 tion. Such certificates shall be subject to suspen- 

 sion or revocation on the same groimds and in the 

 same manner and with like procedure as is provided 

 in the case of suspension or revocation of licenses 

 of officers under the provisions of section 239 of this 

 title. 



(10) Effective date of rules and regulations. 



Except as otherwise provided herein, the rides and 

 regulations to be established pursuant to this sec- 

 tion shall become effective ninety days after their 

 promulgation unless the Secretary shall for good 



cause fix a different time. If the Secretary shall fix 

 an effective date later than ninety days after such 

 promulgation, his determination to fix such a later 

 date shall be accompanied by an explanation of such 

 determination which he shall publish and transmit 

 to the Congress. 



(11) Penalties. 



(A) The owner, master, or person in charge of 

 any vessel subject to the provisions of this section, 

 or any or all of them, who shall violate the provisions 

 of this section, or the rules and regulations estab- 

 lished hereunder, shall be liable to a civil penalty 

 of not more than $10,000. 



(B) The owner, master, or person in charge of any 

 vessel subject to the provisions of this section, or any 

 or all of them, who shall knowingly and willfully vio- 

 late the provisions of this section or the rules and 

 regulations established hereunder, shall be subject to 

 a fine of not less than $5,000 or more than $50,000, 

 or imprisonment for not more than five years, or 

 both. 



(C) Any vessel subject to the provisions of this 

 section, which shall be in violation of this section or 

 the rules and regulations established hereunder, 

 shall be liable in rem and may be proceeded against 

 in the United States district court for any district 

 in which the vessel may be found. 



(12) Injunctive proccedinRs. 



The United States district courts shall have juris- 

 diction for cause shown to restrain violations of this 

 section or the rules and regulations promulgated 

 hereunder. 



(13) Denial of entry. 



The Secretary may, subject to recognized prin- 

 ciples of international law, deny entry into the navi- 

 gable waters of the United States to any vessel not 

 in compliance with the provisions of this section or 

 the regulations promulgated thereunder. (As 

 amended July 10. 1972, Pub. L. 92-340, title II, § 201, 

 86 Stat. 427; Nov. 16, 1973, Pub. L. 93-153, title IV, 

 § 401, 87 Stat. 589: Oct. 1, 1974, Pub. L. 93-430, § 6(3) , 

 88 Stat. 1183.) 



Amendments 



1974 — Subsec. (2). Pub. L. 93-430 substantially reen- 

 acted existing three provisos and redesignated them els. 

 (1), (11). and (lv),and added cl. (HI). 



1973— Subsec. (7)(C). Pub. L. 93-153 Inserted "with 

 respect to foreign vessels and United States-flag vessels 

 operating in the foreign trade." In two places and pro- 

 vided that rules and regulations published pursuant to 

 subsec. (7) (A) be effective not later than June 30. 1974, 

 with respect to United States-flag vessels engaged In the 

 coast-wise trade. 



1972— Subsec. (1). Pub. L, 92-340 added subsec. (1). 

 Former subsec. (1) redesignated (2). 



Subsec. (2). Pub. L. 92-340 redesignated former subsec. 

 (1) as subsec. (2) and in subsec. (2) so redesignated, ex- 

 panded the definition of steam vessels to Include vessels 

 documented under the laws of the United States or enter- 

 ing the navigable waters of the United States that have on 

 board oil of any kind and other liquid cargo in bulk desig- 

 nated as a hazardous polluting substance, incorporated 

 provisions relating to certain fishing vessels of not more 

 than five hundred tons by reference to section 4 of Pub. L. 

 90-397, and added exception relating to vessels of not 

 more than five hundred tons engaged in oil exploitation 

 services. Former subsec. (2) redesignated (3). 



