§ 1509. — Marine environmental protection and navigational safety.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1509]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29--DEEPWATER PORTS
Sec. 1509. Marine environmental protection and navigational
safety
(a) Regulations and procedures
Subject to recognized principles of international law and the
provision of adequate opportunities for public involvement, the
Secretary shall prescribe and enforce procedures, either by regulation
(for basic standards and conditions) or by the licensee's operations
manual, with respect to rules governing vessel movement, loading and
unloading procedures, designation and marking of anchorage areas,
maintenance, law enforcement, and the equipment, training, and
maintenance required (A) to prevent pollution of the marine environment,
(B) to clean up any pollutants which may be discharged, and (C) to
otherwise prevent or minimize any adverse impact from the construction
and operation of such deepwater port.
(b) Safety of property and life; regulations
The Secretary shall issue and enforce regulations with respect to
lights and other warning devices, safety equipment, and other matters
relating to the promotion of safety of life and property in any
deepwater port and the waters adjacent thereto.
(c) Marking of components; payment of cost
The Secretary shall mark, for the protection of navigation, any
component of a deepwater port whenever the licensee fails to mark such
component in accordance with applicable regulations. The licensee shall
pay the cost of such marking.
(d) Safety zones; designation; construction period; permitted activities
(1) Subject to recognized principles of international law and after
consultation with the Secretary of the Interior, the Secretary of
Commerce, the Secretary of State, and the Secretary of Defense, the
Secretary shall designate a zone of appropriate size around and
including any deepwater port for the purpose of navigational safety. In
such zone, no installations, structures, or uses will be permitted that
are incompatible with the operation of the deepwater port. The Secretary
shall by regulation define permitted activities within such zone. The
Secretary shall, not later than 30 days after publication of notice
pursuant to section 1504(c) of this title, designate such safety zone
with respect to any proposed deepwater port.
(2) In addition to any other regulations, the Secretary is
authorized, in accordance with this subsection, to establish a safety
zone to be effective during the period of construction of a deepwater
port and to issue rules and regulations relating thereto.
(Pub. L. 93-627, Sec. 10, Jan. 3, 1975, 88 Stat. 2137; Pub. L. 104-324,
title V, Sec. 508, Oct. 19, 1996, 110 Stat. 3927.)
Amendments
1996--Subsec. (a). Pub. L. 104-324, Sec. 507(a), inserted ``and the
provision of adequate opportunities for public involvement'' after
``international law'' and substituted ``shall prescribe and enforce
procedures, either by regulation (for basic standards and conditions) or
by the licensee's operations manual, with respect to'' for ``shall
prescribe by regulation and enforce procedures with respect to any
deepwater port, including, but not limited to,''.
Section Referred to in Other Sections
This section is referred to in sections 1502, 1503 of this title.
