legislation: 95-s-2346
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 95-s-2346 | 95 | s | 2346 | Act to Prevent Pollution From Ships | Environmental Protection | 1977-12-06 | 1977-12-06 | Referred to Senate Committee on Environment and Public Works. | Senate | Sen. Magnuson, Warren G. [D-WA] | WA | D | M000053 | 1 | Act to Prevent Pollution from Ships - Implements the International Convention for the Prevention of Pollution from Ships, 1973. Applies this Act to ships registered in or of the nationality of the United States or a country party to the Convention and ships registered in or of the nationality of a country not a party to the Convention travelling in all waters subject to the jurisdiction of the United States. Exempts (1) warships, naval auxiliaries or other ships owned by the United States while engaged in noncommercial service, subject to standards prescribed by the appropriate Federal department and agencies, and (2) other ships specifically excluded by the Convention. Authorizes the Secretary of the department in which the Coast Guard is operating to administer, enforce, and prescribe regulations to carry out the provisions of the Convention and this Act, utilizing other Federal departments and agencies as necessary. Authorizes the Secretary to designate persons to issue certificates required by the Convention. Stipulates that (1) certificates shall not be issued to ships of countries not a party to the Convention, and (2) certificates issued by a participating country of the Convention shall be honored. Prescribes that ships required to carry a valid certificate are subject to inspection. Directs the Secretary to ascertain any ship required to have a certificate which either does not have one on board or has a condition in disagreement with the certificate until such ship can proceed to sea without harming the marine environment. Allows any person whose ship is detained to petition the Secretary. Permits compensation for any loss or damage suffered by a ship unreasonably detained or delayed. Directs the Secretary, after consultation with the Environmental Protection Agency, to establish regulations for determining the adequacy of reception facilities of a port or terminal and to issue certificates indicating such facilities for receiving residues and mixtures containing oil or noxious liquid substances from seagoing ships are adequate. States conditions under which such certificate can be inspected, suspended, or revoked. Requires the listing of such certified ports and terminals in the Federal Register. Allows the Secretary to deny entry to any ship retaining residues and mixtures containing oil or noxious liquids to a port or terminal required to have but not holding a valid certificate. Requires immediate reporting of any knowledge of a violation to the Secretary. Directs the Secretary to investigate any such report of violation and take appropriate action, acting through the Secretary of State in cases involving a ship not of United States registry or nationality. Imposes a fine of not more than $50,000 for each violation or imprisonment for not more than five years, or both, and a civil penalty of not more than $10,000, or $1,000 in cases of false, fictitious, or fraudulent statements or representations. Deems a ship liable in rem for any pecuniary fine or penalty incurred. Directs the Secretary of the Treasury to refuse or revoke clearance required by R.S. 4197 to any ship liable for such a penalty. Sets forth procedure of action to be taken in accepting a proposed amendment to the Convention received by the United States from the Secretary-General of the Inter-Governmental Maritime Consultative Organization. Permits any person having an interest adversely affected by (1) any person who is alleged to be in violation of these provisions or (2) a Secretary who is alleged to be in neglect in performing duties under this Act to bring a suit against such party, subject to specified procedures and jurisdictions. Authorizes the court to award costs of litigation. Allows the Attorney General to intervene in any action not involving the United States. Repeals the Oil Pollution Act, 1961, and the Oil Pollution Act Amendments of 1973. Authorizes the Secretary to inspect such vessels subject to this Act, except public vessels engaged in noncommercial service entering navigable waters of and documented under the laws of the United States. Directs the Secretary and the heads of Federal departments to issue regulations, standards, and certificates upon enactment of this Act. | 2025-09-02T17:13:48Z |