Act to Prevent Pollution from Ships
PL 96-478 (H.R.6665), enacted 10/21/1980

PUBLIC LAW 96-478—OCT. 21, 1980 
94 STAT. 2297 
Public Law 96-478 
96th Congress 
An Act 
To implement the Protocol of 1978 Relating to the International Convention for the 
Prevention of Pollution from Ships, 1973, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the "Act to Prevent Pollution from Ships". 
SEC. 2. Unless the context indicates otherwise, as used in this Act— 
(1) "MARPOL Protocol" means the Protocol of 1978 Relating to 
the International Convention for the Prevention of Pollution 
from Ships, 1973, done at London on February 17, 1978. This 
Protocol incorporates and modifies the International Convention 
for the Prevention of Pollution from Ships, 1973, done at London 
on November 2,1973; 
(2) "Convention" means the International Convention for the 
Prevention of Pollution from Ships, 1973, including Protocols I 
and II and Annexes I and II attached thereto; 
(3) "discharge" and "harmful substance" and "incident" shall 
have the meanings provided in the Convention; 
(4) "owner" means any person holding title to, or in the 
absence of title, any other indicia of ownership of, a ship or 
terminal, but does not include a person who, without participat-
ing in the management or operation of a ship or terminal, holds 
indicia of ownership primarily to protect a security interest in 
the ship or terminal; 
(5) "operator" means— 
(a) in the case of a ship, a charterer by demise or any other 
person, except the owner, who is responsible for the oper-
ation, manning, victualing, and suppljdng of the vessel, or 
(b) in the case of a terminal, any person, except the owner, 
responsible for the operation of the terminal by agreement 
with the owner; 
(6) "person" means an individual, firm, public or private 
corporation, partnership, association. State, municipality, com-
mission, political subdivision of a State, or any interstate body; 
(7) "Secretary" means the Secretary of the department in 
which the Coast Guard is operating; 
(8) "ship" means a vessel of any type whatsoever, including 
hydrofoils, air-cushion vehicles, submersibles, floating craft 
whether self-propelled or not, and fixed or floating platforms; 
and 
(9) "terminal" means an onshore facility or an offshore struc-
ture located in the navigable waters of the United States or 
subject to the jurisdiction of the United States and used, or 
intended to be used, as a port or facility for the transfer or other 
handling of a harmful substance. 
SEC. 3. (a) This Act applies to— 
(1) a ship of United States registry or nationality, or one 
operated under the authority of the United States, wherever 
located; 
Oct. 21, 1980 
[H.R. 6665] 
Act to Prevent 
Pollution from 
Ships. 
33 u s e 1901 
note. 
Definitions. 
33 u s e 1901. 
Applicability. 
33 u s e 1902. 
94 STAT. 2298 
PUBLIC LAW 96-478—OCT. 21, 1980 
Regulations. 
Noncommercial 
shipping 
standards. 
Administration 
and 
enforcement. 
33 u s e 1903. 
Regulations. 
Certificates. 
33 u s e 1904. 
Onboard 
inspections. 
Penalties. 
(2) a ship registered in or of the nationality of a country party 
to the MARPOL Protocol, or one operated under the authority of 
a country party to the MARPOL Protocol, while in the navigable 
waters of the United States; and 
(3) a ship registered in or of the nationality of a country not a 
party to the MARPOL Protocol, under subsection (c) of this 
section, while in the navigable waters of the United States, 
(b) This Act does not apply to— 
(1) a warship, naval auxiliary, or other ship owned or operated 
by the United States when engaged in noncommercial service; or 
(2) any other ship specifically excluded by the MARPOL 
Protocol. 
(c) The Secretary shall prescribe regulations applicable to the ships 
of a country not a party to the MARPOL Protocol to ensure that their 
treatment is not more favorable than that accorded ships of parties to 
the MARPOL Protocol. 
(d) The heads of Federal departments and agencies shall prescribe 
standards applicable to ships excluded from this Act by subsection 
(bXD of this section and for which they are responsible. Standards 
prescribed under this subsection shall ensure, so far as is reasonable 
and practicable without impairing the operations or operational 
capabilities of such ships, that such ships act in a manner consistent 
with the MARPOL Protocol. 
SEC. 4. (a) Unless otherwise specified herein, the Secretary shall 
administer and enforce the MARPOL Protocol and this Act. In the 
administration and enforcement of the MARPOL Protocol and this 
Act, Annexes I and II of the MARPOL Protocol shall be applicable 
only to seagoing ships. 
(b) The Secretary shall prescribe any necessary or desired regula-
tions to carry out the provisions of the MARPOL Protocol or this Act. 
(c) The Secretary may utilize by agreement, with or without 
reimbursement, personnel, facilities, or equipment of other Federal 
departments and agencies in administering the MARPOL Protocol, 
this Act, or the regulations thereunder. 
SEC. 5. (a) The Secretary shall designate those persons authorized to 
issue on behalf of the United States the certificates required by the 
MARPOL Protocol. A certificate required by the MARPOL Protocol 
shall not be issued to a ship which is registered in or of the nationality 
of a country which is not a party to the MARPOL Protocol. 
(b) A certificate issued by a country which is a party to the 
MARPOL Protocol has the same validity as a certificate issued by the 
Secretary under the authority of the MARPOL Protocol. 
(c) A ship required by the MARPOL Protocol to have a certificate— 
(1) shall carry a valid certificate onboard in the manner 
prescribed by the authority issuing the certificate; and 
(2) is subject to inspection while in a port or terminal under the 
jurisdiction of the United States. 
(d) An inspection conducted under subsection (c)(2) of this section is 
limited to verifying whether or not a valid certificate is onboard, 
unless clear grounds exist which reasonably indicate that the condi-
tion of the ship or its equipment does not substantially agree with the 
particulars of its certificate. This section shall not limit the authority 
of any official or employee of the United States under any other 
treaty, law, or regulation to board and inspect a ship or its equipment. 
(e) In addition to the penalties prescribed in section 9 of the Act, a 
ship required by the MARPOL Protocol to have a certificate— 
(1) which does not have a valid certificate onboard; or 
PUBLIC LAW 96-478—OCT. 21, 1980 
94 STAT. 2299 
(2) whose condition or whose equipment's condition does not 
substantially agree with the particulars of the certificate on-
board; 
shall be detained by order of the Secretary at the port or terminal 
where the violation is discovered until, in the opinion of the Secre-
tary, the ship can proceed to sea without presenting an unreasonable 
threat of harm to the marine environment. The detention order may 
authorize the ship to proceed to the nearest appropriate available 
shipyard rather than remaining at the place where the violation was 
discovered. 
(f) If a ship is under a detention order under this section, the 
Secretary of the Treasury, upon the request of the Secretary, may 
refuse or revoke— 
(1) the clearance required by section 4197 of the Revised 
Statutes of the United States, as amended (46 U.S.C. 91); or 
(2) a permit to proceed under section 4367 of the Revised 
Statutes of the United States (46 U.S.C. 313) or section 442 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1443). 
(g) A person whose ship is subject to a detention order under this 
section may petition the Secretary, in the manner prescribed by 
regulation, to review the detention order. Upon receipt of a petition 
under this subsection, the Secretary shall affirm, modify, or with-
draw the detention order within the time prescribed by regulation. 
(h) A ship unreasonably detained or delayed by the Secretary 
acting under the authority of this Act is entitled to compensation for 
any loss or damage suffered thereby. 
SEC. 6. (a) The Secretary, after consultation with the Administrator 
of the Environmental Protection Agency, shall establish regulations 
setting criteria for determining the adequacy of reception facilities of 
a port or terminal and shall establish procedures whereby a person in 
charge of a port or terminal may request the Secretary to certify that 
the port's or terminal's facilities for receiving the residues and 
mixtures containing oil or noxious liquid substance from seagoing 
ships are adequate. 
(b) In determining the adequacy of reception facilities required by 
the MARPOL Protocol at a port or terminal, the Secretary may 
consider, among other things, the number and types of seagoing ships 
using the port or terminal, including their principal trades. 
(c) If, upon inspection, reception facilities of a port or terminal are 
adequate to meet the requirements of the MARPOL Protocol and the 
regulations established hereunder, the Secretary shall, after consul-
tation with the Administrator of the Environmental Protection 
Agency, issue a certificate to that effect to the applicant. A certificate 
issued under this subsection— 
(1) is valid until suspended or revoked by the Secretary for 
cause or because of changed conditions; and 
(2) shall be available for inspection upon the request of the 
master, other person in charge, or agent of a seagoing ship using 
or intending to use the port or terminal. 
The suspension or revocation of a certificate issued under this 
subsection may be appealed to the Secretary and acted on by him in 
the manner prescribed by regulation. 
(d) The Secretary shall periodically cause to be published in the 
Federal Register a list of the ports or terminals holding a valid 
certificate issued under this section. 
(e) Except in the case of force majeure, the Secretary shall deny 
entry to a seagoing ship required by the Convention to retain onboard 
19 u s e 1442. 
Detention order 
review. 
Compensation 
for loss or 
damage. 
Pollution 
reception 
facilities, 
adequacy. 
33 u s e 1905. 
eertificate 
issuance. 
Publication in 
Federal 
Register. 
Entry denial. 
94 STAT. 2300 
PUBLIC LAW 96-478—OCT. 21, 1980 
Violations. 
33 use 1907. 
while at sea, residues and mixtures containing oil or noxious liquid 
substances, i
f
— 
(1) the port or terminal is one required by the MARPOL 
Protocol or regulations hereunder to have adequate reception 
facilities; and 
(2) the port or terminal does not hold a valid certificate issued 
by the Secretary under this section. 
Survey. 
(f) The Secretary is authorized to conduct surveys of existing 
reception facilities in the United States to determine measures 
needed to comply with the MARPOL Protocol. 
33 use 1906. 
SEC. 7. (a) As soon as he has knowledge of an incident, the master or 
other person in charge of a ship shall report it to the Secretary in the 
manner prescribed by Article 8 of the Convention. 
(b) Upon receipt of the report of an incident involving a ship, other 
than one of United States registry or nationality or one operated 
under the authority of the United States, the Secretary shall take the 
action required by Article 8 of the Convention. 
SEC. 8, (a) It is unlawful to act in violation of the MARPOL Protocol, 
this Act, or the regulations issued thereunder. The Secretary shall 
cooperate with other parties to the MARPOL Protocol in the detec-
tion of violations and in enforcement of the MARPOL Protocol. The 
Secretary shall use all appropriate and practical measures of detec-
tion and environmental monitoring, and shall establish adequate 
procedures for reporting violations and accumulating evidence. 
Investigations. 
(b) Upon receipt of evidence that a violation has occurred, the 
Secretary shall cause the matter to be investigated. In any investiga-
tion under this section the Secretary may issue subpenas to require 
the attendance of any witness and the production of documents and 
other evidence. In case of refusal to obey a subpena issued to any 
person, the Secretary may request the Attorney General to invoke 
the aid of the appropriate district court of the United States to compel 
compliance. Upon completion of the investigation, the Secretary shall 
take the action required by the MARPOL Protocol and whatever 
further action he considers appropriate under the circumstances. If 
the initial evidence was provided by a party to the MARPOL 
Protocol, the Secretary, acting through the Secretary of State, shall 
inform that party of the action taken or proposed. 
Ship inspections. 
(c) While at a port or terminal subject to the jurisdiction of the 
United States, a ship to which the MARPOL Protocol applies may be 
inspected by the Secretary— 
(1) to verify whether or not the ship has discharged a harmful 
substance in violation of the MARPOL Protocol or this Act; or 
(2) to comply with a request from a party to the MARPOL 
Protocol for an investigation as to whether the ship may have 
discharged a harmful substance an)rwhere in violation of the 
MARPOL Protocol. An investigation may be undertaken under 
this clause only when the requesting party has furnished suffi-
cient evidence to allow the Secretary reasonably to believe that a 
discharge has occurred. 
If an inspection under this subsection indicates that a violation has 
occurred, the investigating officer shall forward a report to the 
Secretary for appropriate action. If a report made under this subsec-
tion involves a ship, other than one of United States registry or 
nationality or one operated under the authority of the United States, 
the Secretary shall undertake to notify the master of the ship 
concerned and, acting in coordination with the Secretary of State, 
shall take any additional action required by Article 6 of the Conven-
tion. 
33 use 1908. 
PUBLIC LAW 96-478—OCT. 21, 1980 
94 STAT. 2301 
(d) Remedies and requirements of this Act supplement and neither 
amend nor repeal any other provisions of law, except as expressly 
provided in this Act. Nothing in this Act shall limit, deny, amend, 
modify, or repeal any other remedy available to the United States or 
any other person, except as expressly provided in this Act. 
SEC. 9. (a) A person who knowingly violates the MARPOL Protocol, Violations and 
this Act, or the regulations issued thereunder shall, for each viola- ^^"^Q^^^IC 
tion, be fined not more than $50,000 or be imprisoned for not more 
than 5 years, or both. 
(b) A person who is found by the Secretary, after notice and an 
opportunity for a hearing, to have— 
(1) violated the MARPOL Protocol, this Act, 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 repre-
sentation in any matter in which a statement or representation 
is required to be made to the Secretary under the MARPOL 
Protocol, this Act, 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. 
(c) 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) A ship operated in violation of the MARPOL Protocol, this Act, 
or the regulations thereunder is liable in rem for any fine imposed 
under subsection (a) or civil penalty assessed pursuant to subsection 
(b), and may be proceeded against in the United States district court 
of any district in which the ship may be found. 
(e) If any ship subject to the MARPOL Protocol or this Act, 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— 
(1) the clearance required by section 4197 of the Revised 
Statutes of the United States, as amended (46 U.S.C. 91); or 
(2) a permit to proceed under section 4367 of the Revised 
Statutes of the United States (46 U.S.C. 313) or section 443 of the 
Tariff Act 1930, as amended (19 U.S.C. 1443). 
Clearance or a permit to proceed may be granted upon the filing of a 
bond or other surety satisfactory to the Secretary. 
(f) 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 one operated under the authority 
of a country party to the MARPOL Protocol, the Secretary, acting in 
coordination with the Secretary of State, may refer the matter to thjat 
94 STAT. 2302 
PUBLIC LAW 96-478—OCT. 21, 1980 
MARPOL 
Protocol, 
proposed 
amendments. 
33 use 1909. 
Legal actions. 
33 use 1910. 
country for appropriate action, rather than taking the actions 
required or authorized by this section. 
SEC. 10. (a) A proposed amendment to the MARPOL Protocol 
received by the United States from the Secretary-General of the 
Inter-Governmental Maritime Consultative Organization pursuant 
to Article VI of the MARPOL Protocol, may be accepted on behalf of 
the United States by the President following the advice and consent 
of the Senate, except as provided for in subsection (b) of this section. 
Ot)) A proposed amendment to Annex I or II, appendices to the 
Annexes, or Protocol I of the MARPOL Protocol, received by the 
United States from the Secretary-General of the Inter-Governmental 
Maritime Consultative Organization pursuant to Article VI of the 
MARPOL Protocol, may be the subject of appropriate action on 
behalf of the United States by the Secretary of State following 
consultation with the Secretary, who shall inform the Secretary of 
State as to what action he considers appropriate at least 30 days prior 
to the expiration of the period specified in Article VI of the MARPOL 
Protocol during which objection may be made to any amendment 
received. 
(c) Following consultation with the Secretary, the Secretary of 
State may make a declaration that the United States does not accept 
an amendment proposed pursuant to Article VI of the MARPOL 
Protocol. 
SEC. 11. (a) Except as provided in subsection (b) of this section, any 
person having an interest which is, or can be, adversely affected, may 
bring an action on his own behalf-
C
D against any person alleged to be in violation of the provi-
sions of this Act, or regulations issued hereunder; 
(2) against the Secretary where there is alleged a failure of the 
Secretary to perform any act or duty under this Act which is not 
discretionary with the Secretary; 
(3) against the Secretary of the Treasury where there is alleged 
a failure of the Secretary of the Treasury to take action under 
section 9(e) of this Act. 
0)) No action may be commenced under subsection (a) of this 
section— 
(1) prior to 60 days after the plaintiff has given notice, in 
writing and under oath, to the alleged violator, the Secretary 
concerned, and the Attorney General; or 
(2) if the Secretary has commenced enforcement or penalty 
action with respect to the alleged violation and is conducting 
such procedures diligently. 
<c) Any suit brought under this section shall be brought— 
(1) in a case concerning an onshore facility or port, in the 
United States district court for the judicial district where the 
onshore facility or port is located; 
(2) in a case concerning an offshore facility or offshore struc-
ture under the jurisdiction of the United States, in the United 
States district court for the judicial district nearest the offshore 
facility or offshore structure; 
(3) in a case concerning a ship, in the United States district 
court for any judicial district wherein the ship or its owner or 
operator may be found; or 
(4) in any case, in the District Court for the District of 
Columbia. 
(d) The court, in issuing any final order in any action brought 
pursuant to this section, may award costs of litigation (including 
PUBLIC LAW 96-478—OCT. 21, 1980 
94 STAT. 2303 
reasonable attorney and expert witness fees) to any party including 
the Federal Government. 
(e) In any action brought under this section, if the Secretary or 
Attorney General are not parties of record, the United States, 
through the Attorney General, shall have the right to intervene. 
SEC. 12. On the effective date of this Act— 
(a) the Oil Pollution Act, 1961, as amended (75 Stat. 402; 33 
U.S.C. 1001 et seq.) is repealed. Any criminal or civil penalty 
proceeding under that Act for a violation which occurred prior to 
the effective date of this Act may be initiated or continued to 
conclusion as though that Act had not been repealed; and 
(b) the Oil Pollution Act Amendments of 1973 (87 Stat. 428, 33 USC lOOl et 
Public Law 93-119) are repealed. 
«^9-
SEC. 13. (a) Section 4417a of the Revised Statutes of the United 
States (46 U.S.C. 391a) is amended as follows— 
(1) by amending subparagraph (C) of paragraph (2) by deleting 
the word "or" in clause (ii); by deleting the period at the end of 
clause (iii) and inserting "; or"; and by adding a new clause (iv) as 
follows: 
"(iv) designated as a noxious liquid substance under Annex II 
of the Protocol of 1978 Relating to the International Convention 
for the Prevention of Pollution from Ships, 1973."; 
(2) by amending subparagraph (E) of paragraph (3) to read as 
follows: 
"(E) which is constructed or adapted to carry, or which 
carries, oil or any hazardous materials in bulk as cargo or in 
residue.". 
(b) The Federal Water Pollution Control Act, as amended, is 33 USC 1321. 
further amended in the first sentence of section 311(b)(3), after the 
words "except (A) in the case of such discharges", by striking the 
words "of oil"; and by striking the phrase "the International Conven-
tion for the Prevention of Pollution of the Sea by Oil, 1954, as 
amended" and inserting in lieu thereof the phrase "the Protocol of 
1978 Relating to the International Convention for the Prevention of 
Pollution from Ships, 1973". 
SEC. 14. (a) Except as provided in subsection O
b
) of this section, this Effective date. 
Act is effective upon the date of enactment, or on the date the 33 USC 1901 
MARPOL Protocol becomes effective as to the United States, which- "°^®-
ever is later. 
O
b
) The Secretary and the heads of Federal departments shall have 
the authority to issue regulations, standards, and certifications under 
sections 3(c), 3(d), 40b), 5(a), 6(a), 6(c), and 6(f) effective on the date of 
enactment of this Act. Section 13(a)(2) is effective upon the date of 
enactment of this Act. 
(c) Any rights or liabilities existing on the effective date of this Act 
shall not be affected by this enactment. Any regulations or proce-
dures promulgated or effected pursuant to the Oil Pollution Act, 
1961, as amended, remain in effect until modified or superseded by 33 use lOOi 
regulations promulgated under the authority of the MARPOL Proto- "°*® 
col or this Act. 
SEC. 15. Nothing in this Act shall be construed as limiting, dimin- 33 USC 1911. 
ishing, or otherwise restricting any of the authority of the Secretary 
under the Port and Tanker Safety Act of 1978 (Public Law 95-474). 33 USC 1221 
SEC. 16. (a) Subsection (c) of section 4 of the Act of 1956 (16 U.S.C. "°*«-
742c(c)) is amended— 
(1) by striking out "September 30, 1980," each place it appears 
therein and inserting in lieu thereof "September 30, 1982, ; and 
(2) by striking out the third, fourth, and fifth sentences thereof. 
79-194 
O—81—pt. 2 
65 : QL3 
94 STAT. 2304 
PUBLIC LAW 96-478—OCT. 21, 1980 
Effective date. 
(b) The amendments made by subsection (a) shall take effect on 
1
6 use 742c 
September 1,1980. 
Approved October 21, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1224 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
Aug 18, considered and passed House. 
Sept. 23, considered and passed Senate, amended. 
Sept. 30, House concurred in certain Senate amendments and in No. 15 with an 
amendment. 
Oct. 1, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 43: 
Oct. 21, Presidential statement.