by Pub. L. 87-849, § 3, Oct. 23, 1962, 76 Stat. 1126. For similar provisions see section 207 of Title 18, Crimes and Criminal Procedure.

§ 985. Secretary of State to act for United States; regulations.

(a) The Secretary of State is authorized to receive, on behalf of the Government of the United States, reports, requests, recommendations, and other communications of the Commission, and to act thereon directly or by reference to the appropriate authorities.

(b) The Secretary of State, with the concurrence of the Secretary of the Interior, is authorized to accept or reject, on behalf of the United States, proposals received from the Commission pursuant to article VIII of the convention. (Sept. 27, 1950, ch. 1054, § 6, 64 Stat. 1069.)

§ 986. Administration and enforcement of chapter. (a) The Secretary of the Interior is authorized and directed to administer and enforce, through the Fish and Wildlife Service, all of the provisions of the convention, this chapter, and regulations issued pursuant thereto, except to the extent otherwise provided for in this chapter. In carrying out such functions he is authorized and directed to adopt such regulations as may be necessary to carry out the purposes and objectives of the convention and this chapter, and, with the concurrence of the Secretary of State, he may cooperate with the duly authorized officials of the Government of any party to the convention.

(b) Enforcement activities under the provisions of this chapter relating to vessels engaged in fishing and subject to the jurisdiction of the United States shall be primarily the responsibility of the United States Coast Guard, in cooperation with the Fish and Wildlife Service.

(c) The Secretary of the Interior may designate officers of the States of the United States to enforce the provisions of the convention, or of this chapter, or of the regulations of the Secretary of the Interior. When so designated such officers are authorized to function as Federal law-enforcement officers for the purposes of this chapter. (Sept. 27, 1950, ch. 1054, § 7, 64 Stat. 1069.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1031 of this title.

§ 987. Cooperation with other agencies; Commission's functions not restrained by this chapter or State laws.

(a) The Secretary of State with the concurrence of the agency, institution, or organization concerned, may direct the United States Commissioners to arrange for the cooperation of agencies of the United States Government, and of State and private institutions and organizations in carrying out the provisions of article VI of the convention.

(b) All agencies of the Federal Government are authorized, upon request of the Commission, to cooperate in the conduct of scientific and other programs, and to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the convention.

(c) None of the prohibitions deriving from this

chapter, or contained in the laws or regulations of any State, shall prevent the Commission from conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation, or shall prevent the Commission from discharging any other duties prescribed by the convention.

(d) Nothing in this chapter shall be construed to limit or to add to the authority of the individual States to exercise their existing sovereignty within the presently defined limits of the territorial waters of the respective States. (Sept 27, 1950, ch. 1054, § 8, 64 Stat. 1069.)

§ 988. Unlawful activities.

(a) It shall be unlawful for any person subject to the jurisdiction of the United States to engage in fishing in violation of any regulation adopted pursuant to this chapter or of any order of a court issued pursuant to section 989 of this title, to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation of any such regulations, or order, to fail to make, keep, submit, or furnish any record or report required of him by such regulation, or to refuse to permit any officer authorized to enforce such regulations to inspect such record or report at any reasonable time.

(b) It shall be unlawful for any person or vessel subject to the jurisdiction of the United States to do any act prohibited or fail to do any act required by any regulation adopted pursuant to this chapter. (Sept. 27, 1950, ch. 1054, § 9, 64 Stat. 1069.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1031 of this title. § 989. Penalties.

Any person violating any provision of this chapter or any regulation adopted pursuant to this chapter, upon conviction, shall be fined for a first offense not more than $500 and for a subsequent offense committed within five years not more than $1,000 and for such subsequent offense the court may order forfeited, in whole or in part, the fish taken by such person, or the fishing gear involved in such fishing, or both, or the monetary value thereof. Such forfeited fish or fishing gear shall be disposed of in accordance with the direction of the court. (Sept. 27, 1950, ch. 1054, § 10, 64 Stat. 1070.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 988, 1030, 1031 of this title.

§ 990. Arrests; enforcement officers; warrants and processes; searches and seizures; stay of execution; bond or stipulation.

(a) Any duly authorized enforcement officer or employee of the Fish and Wildlife Service of the Department of the Interior; any Coast Guard officer; any United States marshal or deputy United States marshal; any customs officer; and any other person authorized to enforce the provisions of the convention, this chapter, and the regulations issued pursuant thereto, shall have power without warrant or other process to arrest any person subject to the jurisdiction of the United States committing in his

presence or view a violation of the convention or of this chapter, or of the regulations issued pursuant thereto and to take such person immediately for examination before a justice or judge or any other official designated in section 3041 of Title 18; and shall have power, without warrant or other process, to search any vessel subject to the jurisdiction of the United States when he has reasonable cause to believe that such vessel is engaging in fishing in violation of the provisions of the convention or this chapter, or the regulations issued pursuant thereto. Any person authorized to enforce the provisions of the convention, this chapter, or the regulations issued pursuant thereto shall have power to execute any warrant or process issued by an officer or court of competent jurisdiction for the enforcement of this chapter, and shall have power with a search warrant to search any vessel, vehicle, person, or place at any time. The judges of the United States district courts and the United States Commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. Any person authorized to enforce the provisions of the convention, this chapter, or the regulations issued pursuant thereto may, except in the case of a first offense, seize, whenever and wherever lawfully found, all fish taken or retained, and all fishing gear involved in fishing, contrary to the provisions of the convention or this chapter or to regulations issued pursuant thereto. Any property so seized shall not be disposed of except pursuant to the order of a court of competent jurisdiction or the provisions of subsection (b) of this section, or, if perishable, in the manner prescribed by regulations of the Secretary of the Interior.

(b) Notwithstanding the provisions of section 2464 of Title 28, when a warrant of arrest or other process in rem is issued in any cause under this section, the marshal or other officer shall stay the execution of such process, or discharge any property

Sec.

1001. Definitions.

seized if the process has been levied, on receiving from the claimant of the property a bond or stipulation for double the value of the property with sufficient surety to be approved by a judge of the district court having jurisdiction of the offense, conditioned to deliver the property seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court and judgment thereon against both the principal and sureties may be recovered in event of any breach of the conditions thereof as determined by the court. (Sept. 27, 1950, ch. 1054, § 11, 64 Stat. 1070.)

CHANGE OF NAME

be

References to United States commissioners to deemed references to United States magistrates, see Pub. L. 90-578, title IV, § 402, Oct. 17, 1968, 82 Stat. 1118, which provided that, within each district, references in previously enacted statutes and previously promulgated rules and regulations to United States commissioners are to be deemed, within such district, references to United States magistrates duly appointed under section 631 of Title 28 as soon as the first United States magistrate assumes office within that district or on Oct. 17, 1971, whichever is earlier. See Applicable Law note under section 631 of Title 28, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1031 of this title. § 991. Appropriations.

There is hereby authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for carrying out the purposes and provisions of this chapter, including the United States share of the joint expenses of the Commission as provided in article XI of the convention; for the expenses of the United States Commissioners and authorized advisers. (Sept. 27, 1950, ch. 1054, § 12, 64 Stat. 1071.)

(c) The term "heavy diesel oil" means marine diesel oil, other than those distillates of which more than 50 per centum, by volume distills at a temperature not exceeding three hundred and forty degrees centigrade when tested by American Society for the Testing of Materials standard method D. 86/59;

(d) The term "mile" means a nautical mile of six thousand and eighty feet or one thousand eight hundred and fifty-two meters;

(e) The term "oil" means crude oil, fuel oil, heavy diesel oil, and lubricating oil, and "olly" shall be construed accordingly. An "oily mixture" means with an oil content of one hundred parts or more in one million parts of mixture.

(f) The term "person" means an individual, partnership, corporation, or association; and any owner, operator, agent, master, officer, or employee of a ship;

(g) The term "prohibited zones" means the zones described in section 1011 of this title as modified by notices, if any, of extension or reduction issued by the Secretary;

(h) The term "Secretary" means the Secretary of Transportation;

(1) The term "ship", subject to the exceptions provided in paragraph (1) of this subsection, means any seagoing vessel of any type whatsoever of American registry or nationality, including floating craft, whether self-propelled or towed by another vessel making a sea voyage; and "tanker", as a type included within the term "ship", means a ship in which the greater part of the cargo space is constructed or adapted for the carriage of liquid cargoes in bulk and which is not, for the time being, carrying a cargo other than oil in that part of its cargo space.

(1) The following categories of vessels are excepted from all provisions of this chapter:

(1) tankers of under one hundred and fifty tons gross tonnage and other ships of under five hundred tons gross tonnage.

GD ships for the time being engaged in the whaling industry when actually employed on whaling operations.

(ii) ships for the time being navigating the Great Lakes of North America and their connecting and tributary waters as far cast as the lower exit of Saint Lambert lock at Montreal in' the Province of Quebec, Canada.

(iv) naval ships and ships for the time being used as naval auxiliaries.

(1) The term "from the nearest land" means from the baseline from which the territorial sea of the territory in question is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958. (Pub. L. 87-167, § 2, Aug. 30, 1961, 75 Stat. 402; Pub. L. 89-551, § 1(2), Sept. 1, 1966, 80 Stat. 372.)

AMENDMENTS

1966 Subsec. (a). Pub. L. 89-551, § 1(2)(A), inserted ", as amended immediately following "International Convention for the Prevention of the Pollution of the Sea by Oil, 1954".

Subsec. (c). Pub. L. 89-551. § 1(2)(B), substituted "D. 86/59" for "D. 158/53".

Subsec. (e). Pub. L. 89-551, § 1(2) (C), struck out reference to persistent oils and struck out requirement that

the oil in an oily mixture fou's the surface of the sea. Subsec. (1). Pub. L. 89-551, § 1(2) (D), expanded the definition of "ship" to include seagoing vessels of any type whatsoever of American registry or nationality, including floating craft, whether self-propelled or towed by another vessel making a sea voyage, inserted a definition of "tanker", subjected tankers of 150 to 500 tons to the provisions of this chapter, and substituted the lower exit of Saint Lambert lock for the lower exit of the Lachine Canal as the point at Montreal, Canada, constituting the easternmost point of the Great Lakes and their tributary waters within which ships are excepted from the provisions of this chapter.

Subsec. (1). Pub. L. 89-551, § 1(2) (E), added subsec. (1).

SHORT TITLE

Section 1 of Pub. L. 87-167, as amended by section 1(1) of Pub. L. 89-551, provided: "That this Act (which enacted this chapter], to implement the provisions of the International Convention for the Prevention of the Pollution of the Sea by Oil, 1954, as amended, may be cited as the 'Oil Pollution Act. 1961. as amended"."

SEPARABILITY OF PROVISIONS

Section 15 of Pub. L. 87-167 provided that: "If a provision of this Act [this chapter] or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act [this chapter] and the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby."

TRANSFER OF FUNCTIONS

"Secretary of Transportation" was substituted for "Secretary of the Army" in par. (h) pursuant to Pub. L. 89670, Oct. 15, 1966, 80 Stat. 931, which transferred all functions, powers, and duties of the Secretary of the Army and other officers and offices of the Department of the Army under this chapter to the Secretary of Transportation. See section 1655 (g) (5) of Title 49, Transportation.

§ 1002. Prohibition against discharge of oil or oily mixtures; permissible discharges; regulations. Subject to the provisions of sections 1003 and 1004 of this title, it shall be unlawful for any person to discharge oil or oily mixture from:

(a) a tanker within any of the prohibited zones. (b) a ship, other than a tanker, within any of the prohibited zones, except when the ship is proceeding to a port not provided with facilities adequate for the reception, without causing undue delay, it may discharge such residues and olly mixture as would remain for disposal if the bulk of the water had been separated from the mixture: Provided, such discharge is made as far as practicable from land.

(c) a ship of twenty thousand tons gross tonnage or more, including a tanker, for which the building contract is placed on or after the effective date of this chapter. However, if in the opinion of the master, special circumstances make it neither reasonable nor practicable to retain the oil or olly mixture on board, it may be discharged outside the prohibited zones. The reasons for such discharge shall be reported in accordance with the regulations prescribed by the Secretary.

(Pub. L. 87-167, § 3, Aug. 30, 1961, 75 Stat. 402; Pub. L. 89-551, § 1(3), Sept. 1, 1966, 80 Stat. 373.)

REFERENCES IN TEXT

For the effective date of this chapter, referred to in subsec. (c), see section 1015 of this title.

AMENDMENTS

1966 Subsec. (a). Pub. L. 89-551 struck out provision that, to constitute a prohibited discharge of oil or olly mixture, the discharge must foul the surface of the sea. Subsec. (b). Pub. L. 89-551 substituted "oll or an olly mixture" for "olly ballast water or tank washings" as the decription of the discharges which have to be made as far as practicable from land and excepted ships other than tankers from the prohibition of the subsection when the ship is proceeding to a port not provided with facilitles adequate for the reception, without causing undue delay, and, in such cases, allowed discharge of whatever discharges and oily mixtures as would remain for disposal If the bulk of the water had been separated from the mixture.

Subsec. (c). Pub. L. 89-551 added subsec. (c).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1003, 1004, 1008, 1009 of this title.

§1003. Excepted discharges; securing safety of ship; prevention of damage to ship or cargo; saving life; damaged ship or unavoidable leakage; residue from purification or clarification. Section 1002 of this title shall not apply to-

(a) the discharge of oil or oily mixture from a ship for the purpose of securing the safety of a ship, preventing damage to a ship or cargo, or saving life at sea; or

(b) the escape of oil, or of oily mixture, resulting from damage to a ship or unavoidable leakage, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimizing the escape;

(c) the discharge of residue arising from the purification or clarification of fuel oil or lubricating oll: Provided, That such discharge is made as far from land as practicable. (Pub. L. 87-167, § 4, Aug. 30, 1961, 75 Stat. 402; Pub. L. 89-551, § 1(4), Sept. 1. 1956, 80 Stat. 373.)

AMENDMENTS

1966 Pub. L. 89-551 removed sediment which cannot be pumped from the cargo tanks of tankers by reason of its solidarity from the list of substances excepted from the prohibitions of section 1002 of this title and revised the excepted discharges to include discharges when made for securing safety when another ship is involved.

BECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1002, 1008, 1009 of this title.

§ 1004. Excepted discharges; oily mixtures from bilges. Section 1002 of this title shall not apply to the discharge from the bilges of a ship of an olly mixture containing no oll other than lubricating oil which has drained or leaked from machinery spaces. (Pub. L. 87-167, § 5, Aug. 30, 1961, 75 Stat. 403; Pub. L. 89-551, § 1(5), Sept. 1, 1966, 80 Stat. 374.)

AMENDMENTS

1966- Pub. L. 89-551 removed the exception for the discharge from the bilges of oll mixtures during the period of twelve months after the United States accepts the convention and narrowed the exception for an olly mixture containing lubricating oll by limiting it to lubricating oll which has drained or leaked from machinery spaces.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1002, 1009 of this title.

§ 1005. Penalties for violations; liability of vessel.

Any person who violates any provision of this chapter, except sections 1007(b) and 1008 of this title, or any regulation prescribed in pursuance thereof, is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $2,500 nor less than $500, or by imprisonment not exceeding one year, or by both such fine and imprisonment, for each offense. And any ship (other than a ship owned and operated by the United States) from which oil is discharged in violation of this chapter, or any regulation prescribed in pursuance thereof, shall be liable for the pecuniary penalty specified in this section, and clearance of such ship from a port of the United States may be withheld until the penalty is paid, and said penalty shall constitute a lien on such ship which may be recovered in proceedings by libel in rem in the district court of the United States for any district within which the ship may be. (Pub. L. 87-167, § 6. Aug. 30, 1961, 75 Stat. 403.)

§ 1006. Suspension or revocation of license of officers 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, § 7, Aug. 30, 1961, 75 Stat. 403.)

§ 1007. Personnel for enforcement of provisions; arrest of offenders and procedure; ship fittings and equipment; civil penalty.

(a) In the administration of sections 1001 to 1011 of this title, the Secretary may make use of the organization, equipment, and agencies, includir g engineering, clerical, and other personnel, employed under his direction in the improvement of rivers and harbors and in the enforcement of laws for the improvement of rivers and harbors and in the enforcement of laws for the preservation and protection of navigable waters. For the better enforcement of the provisions of said sections, the officers and agents of the United States in charge of river and harbor improvements and persons employed under them by authority of the Secretary, and officers and employces of the Bureau of Customs and the Coast Guard, shail 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: Provided, That no person shall be arrested without process for a violation not committed in the presence of some one of the aforesaid officials: And provided further, 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 commissioner, judge, or court shall proceed in respect thereto as authorized by law in cases of crimes against the United States. Representatives of the Secretary and of

the Bureau of Customs and Coast Guard of the United States may go on board and inspect any ship in a prohibited zone or in a port of the United States as may be necessary for enforcement of this chapter.

(b) To implement article VII of the convention, ship fittings and equipment, and operating requirements thereof, shall be in accordance with regulations prescribed by the Secretary of the Department in which the Coast Guard is operating. Any person found violating these regulations shall, in addition to any other penalty prescribed by law, be subject to a civil penalty not in excess of $100. (Pub. L. 27-167, § 8, Aug. 30, 1961, 75 Stat. 403.)

CHANGE OF NAME

References to United States commissioners to be deemed references to United States magistrates, sec Pub. L. 90-578, title IV, § 402, Oct. 17, 1968, 82 Stat. 1118, which provided that, within each district, references in previously enacted statutes and previously promulgated rules and regulations to United States commissioners are to be deemed, within such district, references to United States magistrates duly appointed under section 631 of Title 28 as soon as the first United States magistrate assumes office within that district or on Oct. 17, 1971, whichever is earlier. See Applicable Law note under section 631 of Title 28, Judiciary and Judicial Procedure.

CROSS REFERENCE

Convention defined, sce section 1001 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1005, 1009 of this title.

1008. Oil record book.

(a) Printing; regulations by Secretary.

The Secretary shall have printed separate oil record books, containing instructions and spaces for inserting information in the form prescribed by the Convention, which shall be published in regulations prescribed by the Secretary.

(b) Book supplied without charge; inspection and surrender.

If subject to this chapter, every ship using oil fuel and every tanker shall be provided, without charge, an oil record book which shall be carried on board. The provisions of section 140 of Title 5 shall not apply. The ownership of the booklet shall remain in the United States Government. This book shell be available for inspection as provided in this chapter and for surrender to the United States Government pursuant to regulations of the Secretary. (c) Operations requiring recordation.

The oil record book shall be completed on each occasion, whenever any of the following operations takes place in the ship:

(1) ballasting of and discharge of ballast from cargo tanks of tankers;

(2) cleaning of cargo tanks of tankers;

(3) settling in slop tanks and discharge of water from tankers;

(4) disposal from tankers of oily residues from slop tanks or other sources;

(5) ballasting, or cleaning during voyage, of bunker fuel tanks of ships other than tankers;

(6) disposal from ships other than tankers of

oily residues from bunker fuel tanks or other sources;

(7) accidental or other exceptional discharges or escapes of oil from tankers or ships other than tankers.

In the event of such discharge or escape of oil or oily mixture, as is referred to in sections 1002(c) and 1003 of this title, a statement shall be made in the oil record book of the circumstances of, and reason for, the discharge or escape.

(d) Entries; signatures.

Each operation described in subsection (c) of this section shall be fully recorded without delay in the oil record book so that all the entries in the book appropriate to that operation are completed. Each page of the book shall be signed by the officer or officers in charge of the operations concerned and. when the ship is manned, by the master of the ship. (e) Rules and regulations.

Oil record books shall be kept in such manner and for such length of time as set forth in the regulations prescribed by the Secretary.

(f) Penalties.

If any person fails to comply with the requirements imposed by or under this section, he shall be liable on conviction to a fine not exceeding $1,000 nor less than $500 and if any person makes an entry in any records kept in accordance with this chapter or regulations prescribed thereunder by the Secretary which is to his knowledge false or misleading in any material particular, he shall be liable on conviction to a fine not exceeding $1,000 nor less than $500 or imprisonment for a term not exceeding six months, or both. (Pub. L. 87-167, § 9, Aug. 30, 1961, 75 Stat. 404; Pub. L. 89-551, § 1(6), Sept. 1, 1966, 80 Stat. 374.)

CODIFICATION

The provisions of section 140 of title 5, referred to in this section, have been incorporated in title 31 section 483a. AMENDMENTS

1966-Subscc. (a).

Pub. L. 89-551 substituted provisions covering the printing of oil record books by the Secretary for provisions requiring that an oll record book be carried and that the circumstances surrounding a prohibited discharge be recorded.

Subsecs, (b)-(e), Pub. L. 89-551 added subsecs. (b)— (e). Former subseс. (b) amended by inserting reference to regulations prescribed under this chapter by the Secretary and, as so amended, redesignated as subsec. (1).

Subsec. (f). Put.. L. 89-551 redesignated former subsec. (b) as subsec. (f) and inserted a reference to regulations prescribed under this chapter by the Secretary.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1005, 1009 of this title.

1009. Regulations.

The Secretary may make regulations for the administration of sections 1002, 1003, 1004, 1007(a), and 1008, and 1011 of this title. (Pub. L. 87-167, § 9, Aug. 30, 1961, 75 Stat. 404; Pub. L. 89-551, § 1(7), Sept. 1, 1966, 80 Stat. 375.)

AMENDMENTS

1966 Pub. L. 89-551 inserted reference to section 1011 of this title,