§ 1224. — Considerations by Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1224]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25--PORTS AND WATERWAYS SAFETY PROGRAM
Sec. 1224. Considerations by Secretary
In carrying out his duties and responsibilities under section 1223
of this title, the Secretary shall--
(a) take into account all relevant factors concerning navigation
and vessel safety, protection of the marine environment, and the
safety and security of United States ports and waterways, including
but not limited to--
(1) the scope and degree of the risk or hazard involved;
(2) vessel traffic characteristics and trends, including
traffic volume, the sizes and types of vessels involved,
potential interference with the flow of commercial traffic, the
presence of any unusual cargoes, and other similar factors;
(3) port and waterway configurations and variations in local
conditions of geography, climate, and other similar factors;
(4) the need for granting exemptions for the installation
and use of equipment or devices for use with vessel traffic
services for certain classes of small vessels, such as self-
propelled fishing vessels and recreational vessels;
(5) the proximity of fishing grounds, oil and gas drilling
and production operations, or any other potential or actual
conflicting activity;
(6) environmental factors;
(7) economic impact and effects;
(8) existing vessel traffic services; and
(9) local practices and customs, including voluntary
arrangements and agreements within the maritime community; and
(b) at the earliest possible time, consult with and receive and
consider the views of representatives of the maritime community,
ports and harbor authorities or associations, environmental groups,
and other parties who may be affected by the proposed actions.
(Pub. L. 92-340, Sec. 5, formerly title I, Sec. 104, July 10, 1972, 86
Stat. 427; renumbered and amended Pub. L. 95-474, Sec. 2, Oct. 17, 1978,
92 Stat. 1474; Pub. L. 107-295, title IV, Sec. 443(2), Nov. 25, 2002,
116 Stat. 2132.)
Amendments
2002--Subsec. (a). Pub. L. 107-295 substituted ``safety, protection
of the marine environment, and the safety and security of United States
ports and waterways,'' for ``safety and protection of the marine
environment,'' in introductory provisions.
1978--Pub. L. 95-474 substituted provision relating to factors to be
considered by the Secretary and to consultation by the Secretary with
affected groups for provision relating to the issuance of rules and
regulations by the Secretary.
Study of Desirability and Feasibility of Shore-Station Systems for
Monitoring Vessels
Section 3 of Pub. L. 95-474 authorized the Secretary, in
consultation with the Secretary of Commerce and other appropriate
departments or agencies of the Federal Government to study the
desirability and feasibility of shore-station systems for monitoring
vessels within the Fishery Conservation Zone as defined in former
section 1802(8) of Title 16, Conservation, required the Secretary to
report his findings to Congress, within two years after Oct. 17, 1978,
and authorized appropriations for such study for fiscal years 1979 and
1980.
Section Referred to in Other Sections
This section is referred to in sections 1223, 1229 of this title.