Loading (50 kb)...'
(continued) or of
this chapter".
1987 - Subsec. (c). Pub. L. 100-220, Sec. 2104(a), added par.
(1), designated existing provisions as par. (2), redesignated
former pars. (1) and (2) as subpars. (A) and (B), respectively, and
in closing provisions of par. (2) substituted "The" for "If a
report made under this subsection involves a ship, other than one
of United States registry or nationality or one operated under the
authority of the United States, the".
Subsecs. (d) to (f). Pub. L. 100-220, Sec. 2104(b), added
subsecs. (d) and (e) and redesignated former subsec. (d) as (f).
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-220 effective Dec. 31, 1988, the date on
which Annex V to the International Convention for the Prevention of
Pollution from Ships, 1973, entered into force for the United
States, see section 2002(a) of Pub. L. 100-220, set out as a note
under section 1901 of this title.
-End-
-CITE-
33 USC Sec. 1908 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS
-HEAD-
Sec. 1908. Penalties for violations
-STATUTE-
(a) Criminal penalties; payment for information leading to
conviction
A person who knowingly violates the MARPOL Protocol,,(!1) Annex
IV to the Antarctic Protocol, this chapter, or the regulations
issued thereunder commits a class D felony. In the discretion of
the Court, an amount equal to not more than 1/2 of such fine may
be paid to the person giving information leading to conviction.
(b) Civil penalties; separate violations; assessment notice;
considerations affecting amount; payment for information leading
to assessment of penalty
A person who is found by the Secretary, after notice and an
opportunity for a hearing, to have -
(1) violated the MARPOL Protocol,,(!1) Annex IV to the
Antarctic Protocol, this chapter, 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
representation in any matter in which a statement or
representation is required to be made to the Secretary under the
MARPOL Protocol,,(!1) Annex IV to the Antarctic Protocol, this
chapter, 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. An amount equal to not more
than 1/2 of such penalties may be paid by the Secretary to the
person giving information leading to the assessment of such
penalties.
(c) Abatement of civil penalties; collection by Attorney General
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) Liability in rem; district court jurisdiction
A ship operated in violation of the MARPOL Protocol,,(!1) Annex
IV to the Antarctic Protocol, this chapter, or the regulations
thereunder is liable in rem for any fine imposed under subsection
(a) of this section or civil penalty assessed pursuant to
subsection (b) of this section, and may be proceeded against in the
United States district court of any district in which the ship may
be found.
(e) Ship clearance or permits; refusal or revocation; bond or other
surety
If any ship subject to the MARPOL Protocol, Annex IV to the
Antarctic Protocol, or this chapter, 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 the clearance
required by section 91 of title 46, Appendix. Clearance may be
granted upon the filing of a bond or other surety satisfactory to
the Secretary.
(f) Referrals for appropriate action by foreign country
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 the Antarctic Protocol, or
one operated under the authority of a country party to the MARPOL
Protocol or the Antarctic Protocol, the Secretary, acting in
coordination with the Secretary of State, may refer the matter to
the government of the country of the ship's registry or
nationality, or under whose authority the ship is operating for
appropriate action, rather than taking the actions required or
authorized by this section.
-SOURCE-
(Pub. L. 96-478, Sec. 9, Oct. 21, 1980, 94 Stat. 2301; Pub. L.
100-220, title II, Sec. 2105, Dec. 29, 1987, 101 Stat. 1463; Pub.
L. 101-380, title IV, Sec. 4302(n), Aug. 18, 1990, 104 Stat. 539;
Pub. L. 103-182, title VI, Sec. 688, Dec. 8, 1993, 107 Stat. 2222;
Pub. L. 104-227, title II, Sec. 201(f), Oct. 2, 1996, 110 Stat.
3043.)
-MISC1-
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-227, Sec. 201(f)(1), inserted ",
Annex IV to the Antarctic Protocol," after "MARPOL Protocol,".
Subsec. (b). Pub. L. 104-227, Sec. 201(f)(2), (3), inserted ",
Annex IV to the Antarctic Protocol," after "MARPOL Protocol," in
pars. (1) and (2).
Subsec. (d). Pub. L. 104-227, Sec. 201(f)(4), inserted ", Annex
IV to the Antarctic Protocol," after "MARPOL Protocol,".
Subsec. (e). Pub. L. 104-227, Sec. 201(f)(5), inserted ", Annex
IV to the Antarctic Protocol," after "MARPOL Protocol".
Subsec. (f). Pub. L. 104-227, Sec. 201(f)(6), inserted "or the
Antarctic Protocol" after "MARPOL Protocol" in two places.
1993 - Subsec. (e). Pub. L. 103-182 substituted "shall refuse or
revoke the clearance required by section 91 of title 46, Appendix.
Clearance may be granted upon the filing of a bond or other surety
satisfactory to the Secretary." for "shall refuse or revoke -
"(1) the clearance required by section 91 of title 46,
Appendix; or
"(2) a permit to proceed under section 313 of title 46,
Appendix, or section 1443 of title 19.
Clearance or a permit to proceed may be granted upon the filing of
a bond or other surety satisfactory to the Secretary."
1990 - Subsec. (a). Pub. L. 101-380 substituted "commits a class
D felony" for "shall, for each violation, be fined not more than
$50,000 or be imprisoned for not more than 5 years, or both".
1987 - Subsec. (a). Pub. L. 100-220, Sec. 2105(a)(1), inserted at
end "In the discretion of the Court, an amount equal to not more
than 1/2 of such fine may be paid to the person giving
information leading to conviction."
Subsec. (b). Pub. L. 100-220, Sec. 2105(a)(2), inserted at end
"An amount equal to not more than 1/2 of such penalties may be
paid by the Secretary to the person giving information leading to
the assessment of such penalties."
Subsec. (f). Pub. L. 100-220, Sec. 2105(b), substituted "to the
government of the country of the ship's registry or nationality, or
under whose authority the ship is operating" for "to that country".
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-220 effective Dec. 31, 1988, the date on
which Annex V to the International Convention for the Prevention of
Pollution from Ships, 1973, entered into force for the United
States, see section 2002(a) of Pub. L. 100-220, set out as a note
under section 1901 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1904, 1907, 1910 of this
title.
-FOOTNOTE-
(!1) So in original.
-End-
-CITE-
33 USC Sec. 1909 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS
-HEAD-
Sec. 1909. MARPOL Protocol; proposed amendments
-STATUTE-
(a) Acceptance of certain amendments by the President
A proposed amendment to the MARPOL Protocol received by the
United States from the Secretary-General of the International
Maritime 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.
(b) Action on certain amendments by the Secretary of State
A proposed amendment to Annex I, II, or V to the Convention,
appendices to those Annexes, or Protocol I of the Convention
received by the United States from the Secretary-General of the
International Maritime 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) Declaration of nonacceptance by the Secretary of State
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.
-SOURCE-
(Pub. L. 96-478, Sec. 10, Oct. 21, 1980, 94 Stat. 2302; Pub. L.
100-220, title II, Sec. 2106, Dec. 29, 1987, 101 Stat. 1463.)
-MISC1-
AMENDMENTS
1987 - Subsec. (a). Pub. L. 100-220, Sec. 2106(1), substituted
"International Maritime Organization" for "Inter-Governmental
Maritime Consultative Organization".
Subsec. (b). Pub. L. 100-220, Sec. 2106(2), substituted "Annex I,
II, or V to the Convention, appendices to those Annexes, or
Protocol I of the Convention" for "Annex I or II, appendices to the
Annexes, or Protocol I of the MARPOL Protocol," and "International
Maritime Organization" for "Inter-Governmental Maritime
Consultative Organization".
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-220 effective Dec. 31, 1988, the date on
which Annex V to the International Convention for the Prevention of
Pollution from Ships, 1973, entered into force for the United
States, see section 2002(a) of Pub. L. 100-220, set out as a note
under section 1901 of this title.
-End-
-CITE-
33 USC Sec. 1910 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS
-HEAD-
Sec. 1910. Legal actions
-STATUTE-
(a) Persons with adversely affected interests as plaintiffs;
defendants
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 -
(1) against any person alleged to be in violation of the
provisions of this chapter, 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 chapter 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 1908(e) of this title.
(b) Commencement conditions
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) Venue
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
structure 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) Costs; attorney fees; witness fees
The court, in issuing any final order in any action brought
pursuant to this section, may award costs of litigation (including
reasonable attorney and expert witness fees) to any party including
the Federal Government.
(e) Federal intervention
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.
-SOURCE-
(Pub. L. 96-478, Sec. 11, Oct. 21, 1980, 94 Stat. 2302.)
-End-
-CITE-
33 USC Sec. 1911 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS
-HEAD-
Sec. 1911. Authority of Secretary under port and tanker safety
program unaffected
-STATUTE-
Nothing in this chapter shall be construed as limiting,
diminishing, or otherwise restricting any of the authority of the
Secretary under the Port and Tanker Safety Act of 1978.
-SOURCE-
(Pub. L. 96-478, Sec. 15, Oct. 21, 1980, 94 Stat. 2303.)
-REFTEXT-
REFERENCES IN TEXT
The Port and Tanker Safety Act of 1978, referred to in text, is
Pub. L. 95-474, Oct. 17, 1978, 92 Stat. 1471, which enacted
sections 1225, 1228 to 1231, and 1232 of this title, amended
sections 1221 to 1224, 1226, and 1227 of this title, and sections
214 and 391a of former Title 46, Shipping, and enacted provisions
set out as notes under sections 1221 and 1224 of this title and
section 391a of Title 46. For complete classification of this Act
to the Code, see Short Title note set out under section 1221 of
this title and Tables.
-End-
-CITE-
33 USC Sec. 1912 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS
-HEAD-
Sec. 1912. International law
-STATUTE-
Any action taken under this chapter shall be taken in accordance
with international law.
-SOURCE-
(Pub. L. 96-478, Sec. 17, as added Pub. L. 100-220, title II, Sec.
2108, Dec. 29, 1987, 101 Stat. 1464.)
-End-
-CITE-
33 USC Sec. 1913 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS
-HEAD-
Sec. 1913. Compliance reports
-STATUTE-
(a) In general
Within 1 year after the effective date of this section, and
triennially thereafter, the Secretary of the department in which
the Coast Guard is operating, in consultation with the Secretary of
Agriculture and the Secretary of Commerce, shall report to the
Congress regarding compliance with Annex V to the International
Convention for the Prevention of Pollution from Ships, 1973, in
United States waters and, not later than 1 year after October 19,
1996, and annually thereafter, shall publish in the Federal
Register a list of the enforcement actions taken against any
domestic or foreign ship (including any commercial or recreational
ship) pursuant to the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.).
(b) Report on inability to comply
Within 3 years after the effective date of this section, the head
of each Federal agency that operates or contracts for the operation
of any ship referred to in section 3(b)(1)(A) of the Act to Prevent
Pollution from Ships [33 U.S.C. 1902(b)(1)(A)] that may not be able
to comply with the requirements of that section shall report to the
Congress describing -
(1) the technical and operational impediments to achieving that
compliance;
(2) an alternative schedule for achieving that compliance as
rapidly as is technologically feasible;
(3) the ships operated or contracted for operation by the
agency for which full compliance with section 3(b)(2)(A) [33
U.S.C. 1902(b)(2)(A)] is not technologically feasible; and
(4) any other information which the agency head considers
relevant and appropriate.
(c) Congressional action
Upon receipt of the compliance report under subsection (b) of
this section, the Congress shall modify the applicability of Annex
V to ships referred to in section 3(b)(1)(A) of the Act to Prevent
Pollution from Ships [33 U.S.C. 1902(b)(1)(A)], as may be
appropriate with respect to the requirements of Annex V to the
Convention.
-SOURCE-
(Pub. L. 100-220, title II, Sec. 2201, Dec. 29, 1987, 101 Stat.
1464; Pub. L. 104-66, title I, Sec. 1121(c), Dec. 21, 1995, 109
Stat. 724; Pub. L. 104-324, title VIII, Sec. 802(a), Oct. 19, 1996,
110 Stat. 3944.)
-REFTEXT-
REFERENCES IN TEXT
For effective date of this section, referred to in subsecs. (a)
and (b), see section 2002 of Pub. L. 100-220, set out as an
Effective Date of 1987 Amendment note under section 1901 of this
title.
The Act to Prevent Pollution from Ships, referred to in subsec.
(a), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, as amended,
which is classified principally to this chapter (Sec. 1901 et
seq.). For complete classification of this Act to the Code, see
Short Title note set out under section 1901 of this title and
Tables.
-COD-
CODIFICATION
Section was formerly set out as a note under section 1902 of this
title.
Section was enacted as part of the Marine Plastic Pollution
Research and Control Act of 1987 and as part of the United
States-Japan Fishery Agreement Approval Act of 1987, and not as
part of the Act to Prevent Pollution from Ships which comprises
this chapter.
-MISC1-
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-324 struck out "for a period of 6
years" after "triennially thereafter" and inserted "and, not later
than 1 year after October 19, 1996, and annually thereafter, shall
publish in the Federal Register a list of the enforcement actions
taken against any domestic or foreign ship (including any
commercial or recreational ship) pursuant to the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.)" before period at
end.
1995 - Subsec. (a). Pub. L. 104-66 substituted "triennially" for
"biennially".
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1914 of this title.
-End-
-CITE-
33 USC Sec. 1914 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS
-HEAD-
Sec. 1914. Coordination
-STATUTE-
(a) Establishment of Marine Debris Coordinating Committee
The Secretary of Commerce shall establish a Marine Debris
Coordinating Committee.
(b) Membership
The Committee shall include a senior official from -
(1) the National Oceanic and Atmospheric Administration, who
shall serve as the Chairperson of the Committee;
(2) the Environmental Protection Agency;
(3) the United States Coast Guard;
(4) the United States Navy; and
(5) such other Federal agencies that have an interest in ocean
issues or water pollution prevention and control as the Secretary
of Commerce determines appropriate.
(c) Meetings
The Committee shall meet at least twice a year to provide a forum
to ensure the coordination of national and international research,
monitoring, education, and regulatory actions addressing the
persistent marine debris problem.
(d) Monitoring
The Secretary of Commerce, acting through the Administrator of
the National Oceanic and Atmospheric Administration, in cooperation
with the Administrator of the Environmental Protection Agency,
shall utilize the marine debris data derived under title V of the
Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
2801 et seq.) to assist -
(1) the Committee in ensuring coordination of research,
monitoring, education and regulatory actions; and
(2) the United States Coast Guard in assessing the
effectiveness of this Act and the Act to Prevent Pollution from
Ships [33 U.S.C. 1901 et seq.] in ensuring compliance under
section 1913 of this title.
-SOURCE-
(Pub. L. 100-220, title II, Sec. 2203, Dec. 29, 1987, 101 Stat.
1466; Pub. L. 104-324, title VIII, Sec. 802(b), Oct. 19, 1996, 110
Stat. 3944.)
-REFTEXT-
REFERENCES IN TEXT
The Marine Protection, Research, and Sanctuaries Act of 1972,
referred to in subsec. (d), is Pub. L. 92-532, Oct. 23, 1972, 86
Stat. 1052, as amended. Title V of the Act, popularly known as the
National Coastal Monitoring Act, is classified generally to chapter
41 (Sec. 2801 et seq.) of this title. For complete classification
of title V to the Code, see Short Title note set out under section
2801 of this title and Tables.
This Act, referred to in subsec. (d)(2), probably should be "this
title" meaning title II of Pub. L. 100-220, Dec. 29, 1987, 101
Stat. 1460, as amended, known as the Marine Plastic Pollution
Research and Control Act of 1987. For complete classification of
title II to the Code, see Short Title of 1987 Amendment note set
out under section 1901 of this title and Tables.
The Act to Prevent Pollution from Ships, referred to in subsec.
(d)(2), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, as
amended, which is classified principally to this chapter (Sec. 1901
et seq.). For complete classification of this Act to the Code, see
Short Title note set out under section 1901 of this title and
Tables.
-COD-
CODIFICATION
Section was enacted as part of the Marine Plastic Pollution
Research and Control Act of 1987 and as part of the United
States-Japan Fishery Agreement Approval Act of 1987, and not as
part of the Act to Prevent Pollution from Ships which comprises
this chapter.
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-324 amended section generally. Prior to
amendment, section read as follows: "Not later than September 30,
1988, the Secretary of Commerce shall submit to the Congress a
report on the effects of plastic materials on the marine
environment. The report shall -
"(1) identify and quantify the harmful effects of plastic
materials on the marine environment;
"(2) assess the specific effects of plastic materials on living
marine resources in the marine environment;
"(3) identify the types and classes of plastic materials that
pose the greatest potential hazard to living marine resources;
"(4) analyze, in consultation with the Director of the National
Bureau of Standards, plastic materials which are claimed to be
capable of reduction to environmentally benign submits under the
action of normal environmental forces (including biological
decomposition, photodegradation, and hydrolysis); and
"(5) recommend legislation which is necessary to prohibit, tax,
or regulate sources of plastic materials that enter the marine
environment."
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-End-
-CITE-
33 USC Sec. 1915 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS
-HEAD-
Sec. 1915. Plastic pollution public education program
-STATUTE-
(a) Outreach program
(1) In general
Not later than April 1, 1988, the Administrator of the National
Oceanic and Atmospheric Administration and the Administrator of
the Environmental Protection Agency, in consultation with the
Secretary of Transportation, shall jointly commence and
thereafter conduct a public outreach program to educate the
public (including recreational boaters, fishermen, and other
users of the marine environment) regarding -
(A) the harmful effects of plastic pollution;
(B) the need to reduce such pollution;
(C) the need to recycle plastic materials;
(D) the need to reduce the quantity of plastic debris in the
marine environment; and
(E) the requirements under this Act and the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.) with respect to
ships and ports, and the authority of citizens to report
violations of this Act and the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.).
(2) Authorized activities
(A) Public outreach program
A public outreach program under paragraph (1) may include -
(i) developing and implementing a voluntary boaters' pledge
program;
(ii) workshops with interested groups;
(iii) public service announcements;
(iv) distribution of leaflets and posters; and
(v) any other means appropriate to educating the public.
(B) Grants and cooperative agreements
To carry out this section, the Secretary of the department in
which the Coast Guard is operating, the Secretary of Commerce,
and the Administrator of the Environmental Protection Agency
are authorized to award grants, enter into cooperative
agreements with appropriate officials of other Federal agencies
and agencies of States and political subdivisions of States and
with public and private entities, and provide other financial
assistance to eligible recipients.
(C) Consultation
In developing outreach initiatives for groups that are
subject to the requirements of this title and the Act to
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), the
Secretary of the department in which the Coast Guard is
operating, in consultation with the Secretary of Commerce,
acting through the Administrator of the National Oceanic and
Atmospheric Administration, and the Administrator of the
Environmental Protection Agency, shall consult with -
(i) the heads of State agencies responsible for
implementing State boating laws; and
(ii) the heads of other enforcement agencies that regulate
boaters or commercial fishermen.
(b) Citizen Pollution Patrols
The Secretary of Commerce, along with the Administrator of the
Environmental Protection Agency and the Secretary of the Department
in which the Coast Guard is operating, shall conduct a program to
encourage the formation of volunteer groups, to be designated as
"Citizen Pollution Patrols", to assist in monitoring, reporting,
cleanup, and prevention of ocean and shoreline pollution.
-SOURCE-
(Pub. L. 100-220, title II, Sec. 2204, Dec. 29, 1987, 101 Stat.
1466; Pub. L. 104-324, title VIII, Sec. 802(c), Oct. 19, 1996, 110
Stat. 3945.)
-REFTEXT-
REFERENCES IN TEXT
This Act and this title, referred to in subsec. (a)(1)(E),
(2)(C), probably should all be "this title" meaning title II of
Pub. L. 100-220, Dec. 29, 1987, 101 Stat. 1460, as amended, known
as the Marine Plastic Pollution Research and Control Act of 1987.
For complete classification of title II to the Code, see Short
Title of 1987 Amendment note set out under section 1901 of this
title and Tables.
The Act to Prevent Pollution from Ships, referred to in subsec.
(a)(1)(E), (2)(C), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297,
as amended, which is classified principally to this chapter (Sec.
1901 et seq.). For complete classification of this Act to the Code,
see Short Title note set out under section 1901 of this title and
Tables.
-COD-
CODIFICATION
Section was formerly set out as a note under section 6981 of
Title 42, The Public Health and Welfare.
Section was enacted as part of the Marine Plastic Pollution
Research and Control Act of 1987 and as part of the United
States-Japan Fishery Agreement Approval Act of 1987, and not as
part of the Act to Prevent Pollution from Ships which comprises
this chapter.
-MISC1-
AMENDMENTS
1996 - Subsec. (a)(1). Pub. L. 104-324, Sec. 802(c)(1)-(4),
struck out "for a period of at least 3 years," after "conduct" in
introductory provisions and added subpar. (E).
Subsec. (a)(2). Pub. L. 104-324, Sec. 802(c)(5), added par. (2)
and struck out heading and text of former par. (2). Text read as
follows: "A public outreach program under paragraph (1) may include
-
"(A) workshops with interested groups;
"(B) public service announcements;
"(C) distribution of leaflets and posters; and
"(D) any other means appropriate to educating the public."
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-End-