§ 1903. — Administration and enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1903]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1903. Administration and enforcement
(a) Duty of Secretary; Annexes of Convention applicable to seagoing
vessels
Unless otherwise specified in this chapter, the Secretary shall
administer and enforce the MARPOL Protocol, Annex IV to the Antarctic
Protocol, and this chapter. In the administration and enforcement of the
MARPOL Protocol and this chapter, Annexes I and II of the Convention
apply only to seagoing ships.
(b) Regulations; refuse record books; waste management plans;
notification of crew and passengers
(1) The Secretary shall prescribe any necessary or desired
regulations to carry out the provisions of the MARPOL Protocol, Annex IV
to the Antarctic Protocol, or this chapter.
(2) The Secretary of the department in which the Coast Guard is
operating shall--
(A) prescribe regulations which--
(i) require certain ships described in section 1902(a)(1) of
this title to maintain refuse record books and shipboard
management plans, and to display placards which notify the crew
and passengers of the requirements of Annex V to the Convention
and of Annex IV to the Antarctic Protocol; and
(ii) specify the ships described in section 1902(a)(1) of
this title to which the regulations apply;
(B) seek an international agreement or international agreements
which apply requirements equivalent to those described in
subparagraph (A)(i) to all vessels subject to Annex V to the
Convention; and
(C) within 2 years after the effective date of this paragraph,
report to the Congress--
(i) regarding activities of the Secretary under subparagraph
(B); and
(ii) if the Secretary has not obtained agreements pursuant
to subparagraph (B) regarding the desirability of applying the
requirements described in subparagraph (A)(i) to all vessels
described in section 1902(a) of this title which call at United
States ports.
(c) Utilization of personnel, facilities, or equipment of other Federal
departments and agencies
The Secretary may utilize by agreement, with or without
reimbursement, personnel, facilities, or equipment of other Federal
departments and agencies in administering the MARPOL Protocol, this
chapter, or the regulations thereunder.
(Pub. L. 96-478, Sec. 4, Oct. 21, 1980, 94 Stat. 2298; Pub. L. 100-220,
title II, Sec. 2107, Dec. 29, 1987, 101 Stat. 1464; Pub. L. 104-227,
title II, Sec. 201(c), Oct. 2, 1996, 110 Stat. 3042.)
References in Text
The effective date of this paragraph, referred to in subsec.
(b)(2)(C), is Dec. 31, 1988, the effective date of section 2107(b) of
Pub. L. 100-220 which added par. (2) to subsec. (b). See Effective Date
of 1987 Amendment note below.
Amendments
1996--Subsec. (a). Pub. L. 104-227, Sec. 201(c)(1), inserted ``,
Annex IV to the Antarctic Protocol,'' after ``the MARPOL Protocol'' in
first sentence.
Subsec. (b)(1). Pub. L. 104-227, Sec. 201(c)(2), inserted ``, Annex
IV to the Antarctic Protocol,'' after ``the MARPOL Protocol''.
Subsec. (b)(2)(A). Pub. L. 104-227, Sec. 201(c)(3), (4), struck out
``within 1 year after the effective date of this paragraph,'' before
``prescribe'' in introductory provisions and inserted ``and of Annex IV
to the Antarctic Protocol'' after ``the Convention'' in cl. (i).
1987--Subsec. (a). Pub. L. 100-220, Sec. 2107(a), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: ``Unless
otherwise specified herein, the Secretary shall administer and enforce
the MARPOL Protocol and this chapter. In the administration and
enforcement of the MARPOL Protocol and this chapter, Annexes I and II of
the MARPOL Protocol shall be applicable only to seagoing ships.''
Subsec. (b). Pub. L. 100-220, Sec. 2107(b), designated existing
provisions as par. (1) and added par. (2).
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.
Effective Date
Subsec. (b) of this section effective Oct. 21, 1980, see section
14(b) of Pub. L. 96-478, set out as a note under section 1901 of this
title.
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.
