665 



without an appropriate certificate issued under this 

 section. 



(■d) Foreign tankers with foreijin registry but without 

 certificate of compliance; consultation with for- 

 eign government; denial of access. 

 Certificates issued to foreign tankers pursuant to 

 the convention by other nations party thereto shall 

 be accepted by the Secretary as of the same force 

 as certificates issued by him. If the Secretary has 

 clear grounds for believing that a foreign tanlcer re- 

 quired under the convention to be constructed in ac- 

 cordance with annex C entering ports of the United 

 States or using offshore terminals under United 

 States control does not in fact comply with annex 

 C, he may request the Secretary of State to seek con- 

 sultation with the government with which the tanker 

 is registered. If after consultation or otherwise, the 

 Secretary is satisfied that such tanker does not com- 

 ply with annex C, he may for this reason deny such 

 tanker access to ports of the United States or to 

 offshore terminals under United States control until 

 such time as he is satisfied that the tanker has been 

 brought into compliance. 



(e) Foreign tankers without foreign registry; denial 

 of access. 

 If the Secretary is satisfied that any other foreign 

 tanker which, if registered In a country party to the 

 convention, would be required to be constructed In 

 accordance with annex C, does not in fact comply 

 with the standards relating to tank arrangement and 

 limitation of tank size of annex C. then he may deny 

 such tanker access to ports of the United States or 

 to offshore terminals under United States control. 

 (Pub. L. 87-167, § 6, as added Pub. L. 93-119, § 2(5), 

 Oct. 4, 1973, 87 Stat. 425.) 



§ 1005. Penalties for violations. 



(a) Criminal penalties for willful violations; separate 

 violations. 



Any person who willfully discharges oil or oily 

 mixture from a ship in violation of this chapter or 

 the regulations thereunder shall be fined not more 

 than $10,000 for each violation or imprisoned not 

 more than one year, or both. 



(b) Civil penalties for willful or negligent and other 

 violations; separate violations. 



In addition to any other penalty prescribed by law 

 any E>erson who willfully or negligently discharges oil 

 or oily mixture from a ship in violation of this chap- 

 ter or any regulation thereunder shall be liable to 

 a civil penalty of not more than $10,000 for each 

 violation, and any person who otherwise violates 

 this chapter or any regulation thereunder shall be 

 liable to a civil penalty of not more than $5,000 for 

 each violation. 



(c) Liability of vessel; venue. 



A ship from which oil or oily mixture Is discharged 

 in violation of this chapter or any regulation there- 

 under is liable for any pecuniary penalty Txnder this 

 section and may be proceeded against In the district 

 court of any district in which the vessel may be 

 found. 



(d) .Administrative proceedings: assessment of civil 

 penalties; remission, mitigation, or compromise 

 of any penalty; notice and hearing; judicial pro- 

 ceedings: civil actions by Attorney General for 

 collection of penalties; trial de novo. 

 The Secretary may asses any civil penalty Incurred 

 imder this chapter or any regulation thereunder and. 

 In his discretion, remit, mitigate, or compromise any 

 penalty. No penalty may be assessed imless the 

 alleged violator shall have been given notice and the 

 opportunity to be heard on the alleged violation. 

 Upon any failure to pay a civil penalty assessed 

 under this chapter, the Secretary may request the 

 Attorney General to institute a civil action to collect 

 the penalty. In hearing such action, the district court 

 shall have authority to review the violation and the 

 assessment of the civil penalty de novo. (Pub. L. 87- 

 167. S 7. formerly § 6, Aug. 30, 1961, 75 Stat. 403. 

 renumbered and amended Pub. L. 93-119, §2(6), 

 Oct. 4, 1973, 87 Stat. 426.) 



Amendments 



1973 Pub. L. 93-119. In revising the text, substituted 



provisions of subsecs. (a) to (d) lor former provisions 

 ivhlch made violations of this chapter misdemeanors 

 punishable by a fine within the limits of $600 to $2,500 

 or Imprisonment not exceeding one year, or both fine or 

 imprisonment, lor each offense, provided same monetary 

 penalty for violations of a vessel, authorized the with- 

 holding of a vessels clearance from a domestic port untU 

 payment of the penalty, and made the penalty a lien on 

 the vessel recoverable by libel in rem in the federal district 

 court wherein the ship may be. 



§ 1006. Suspension or revocation of license of ofiBcers 

 of offending vessels. 

 The Coast Guard may, subject to the provisions 

 of section 239 of Title 46, suspend or revoke a 

 license issued to the master or other licensed officer 

 of any ship found violating the provisions of this 

 chapter or the regulations issued pursuant thereto. 

 (Pub. L. 87-167, I 9, Aug. 30, 1961. 75 Stat. 403.) 



§ 1007. Personnel for enforcement of provisions; arrest 

 of offenders and procedure; ship fittings and 

 equipment. 

 (a) In the administration of sections 1001 to 1010 

 of this title, the Secretary may utilize by agreement, 

 with or without reimbursement, law enforcement 

 officers or other personnel, f aciUties, or equipment of 

 other Federal agencies or the States. For the 

 better enforcement of the provisions of said sec- 

 tions, ofBcers of the Coast Guard and other 

 persons employed by or acting under the authority of 

 the Secretary shall have power and authority and It 

 shall be their duty to swear out process and to arrest 

 and take into custody, with or without process, any 

 person who may violate any of said provisions : Pro- 

 vided. That no person shall be arrested without proc- 

 ess for a violation not committed in the presence of 

 some one of the aforesaid officials: And provided 

 )UTther, That whenever any arrest is made under the 

 provisions of said sections the person so arrested 

 shall be brought forthwith before a commissioner, 

 judge, or court of the United States for examination 

 of the offenses alleged against him; and such com- 

 missioner, judge, or court shall proceed in respect 



