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§ 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.



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