Page:United States Statutes at Large Volume 97.djvu/559

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 527 (5) the establishment of lightering zones; and (6) requirements for communication and prearrival messages. §3716. Tank washings (a) A vessel may not transfer cargo in a port or place subject to the jurisdiction of the United States if, before arriving, the vessel has discharged tank washings containing oil or hazardous material in preparation for loading at that port or place in violation of the laws of the United States or in a manner or quantities inconsistent with a treaty to which the United States is a party. (b) The Secretary shall establish effective control and supervisory measures to carry out this section. § 3717. Marine safety information system (a) The Secretary shall establish a marine safety information system that shall contain information about each vessel to which this chapter applies that operates on the navigable waters of the United States, or that transfers oil or hazardous material in a port or place under the jurisdiction of the United States. In acquiring this information, the Secretary shall make full use of publicly available information. The Secretary may by regulation require the vessel to provide information that the Secretary considers necessary to carry out this subsection, including— (1) the name of each person with an ownership interest in the vessel; (2) details of compliance with the financial responsibility requirements of applicable laws or regulations; (3) registration information, including all changes in the name of the vessel; (4) the history of marine casualties and serious repair prob- lems of the vessel; and (5) a record of all inspections and examinations of a vessel conducted under section 3714 of this title. (b) On written request from the Secretary, the head of each department, agency, or instrumentality of the United States Gov- ernment shall provide available information that the Secretary considers necessary to confirm the information received under sub- section (a) of this section. § 3718. Penalties (a)(1) A person violating this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation. (2) Each vessel to which this chapter applies that is operated in violation of this chapter or a regulation prescribed under this chapter is liable in rem for a civil penalty under this subsection. (h) A person willfully and knowingly violating this chapter or a regulation prescribed under this chapter shall be fined not more than $50,000, imprisoned for not more than 5 years, or both. (c) Instead of the penalties provided by subsection (b) of this section, a person willfully and knowingly violating this chapter or a regulation prescribed under this chapter, and using a dangerous weapon, or engaging in conduct that causes bodily injury or fear of imminent bodily injury to an official authorized to enforce this chapter or a regulation prescribed under this chapter, shall be fined Control and supervisory measures. Information confirmation.

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