33 USC § 2708 - Recovery by responsible party

---
identifier: "/us/usc/t33/s2708"
source: "usc"
legal_status: "official_prima_facie"
title: "33 USC § 2708 - Recovery by responsible party"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
section_number: "2708"
section_name: "Recovery by responsible party"
chapter_number: 40
chapter_name: "OIL POLLUTION"
subchapter_number: "I"
subchapter_name: "OIL POLLUTION LIABILITY AND COMPENSATION"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 101–380, title I, § 1008, Aug. 18, 1990, 104 Stat. 497.)"
---


# § 2708. Recovery by responsible party

**(a)** **In general** The responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, may assert a claim for removal costs and damages under section 2713 of this title only if the responsible party demonstrates that—

**(1)** the responsible party is entitled to a defense to liability under section 2703 of this title; or

**(2)** the responsible party is entitled to a limitation of liability under section 2704 of this title.

**(b)** **Extent of recovery** section 2713 of this titlesection 2713 of this titlesection 2702 of this titlesection 2704 of this title

A responsible party who is entitled to a limitation of liability may assert a claim under  only to the extent that the sum of the removal costs and damages incurred by the responsible party plus the amounts paid by the responsible party, or by the guarantor on behalf of the responsible party, for claims asserted under  exceeds the amount to which the total of the liability under  and removal costs and damages incurred by, or on behalf of, the responsible party is limited under .

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**Source Credit**: (Pub. L. 101–380, title I, § 1008, Aug. 18, 1990, 104 Stat. 497.)