§ 2401. — Findings; purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2401]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 37--ORGANOTIN ANTIFOULING PAINT CONTROL
Sec. 2401. Findings; purpose
(a) Findings
The Congress finds the following:
(1) Antifouling paints containing organotin biocides are used to
prevent the build-up of barnacles and other encrusting organisms on
vessels.
(2) Laboratory and field studies show that organotin is very
toxic to marine and freshwater organisms at very low levels.
(3) Vessels that are less than 25 meters in length and are
coated with organotin antifouling paint account for a large amount
of the organotin released into the aquatic environment.
(4) The Environmental Protection Agency has determined that
concentrations of organotin currently in the waters of the United
States may pose unreasonable risks to oysters, clams, fish, and
other aquatic life.
(b) Purpose
The purpose of this chapter is to protect the aquatic environment by
reducing immediately the quantities of organotin entering the waters of
the United States.
(Pub. L. 100-333, Sec. 2, June 16, 1988, 102 Stat. 605.)
Effective Date; Use of Existing Stocks
Section 12 of Pub. L. 100-333 provided that:
``(a) In General.--Except as provided in subsection (b), this Act
[enacting this chapter] shall take effect on the date of its enactment
[June 16, 1988].
``(b) Termination of Interim Prohibition.--Section 5(a) [section
2404(a) of this title] shall remain in effect until a final decision
regarding the release of organotin into the aquatic environment by
antifouling paints, pursuant to the process initiated by the
Administrator's Position Document 1 dated January 8, 1986--
``(1) is issued by the Administrator; and
``(2) takes effect.
``(c) Final Decision Defined.--For purposes of subsection (b), a
final decision shall be considered to have taken effect upon the date of
the expiration of the time for making any appeal with respect to such
decision or, in the case of any such appeal, the resolution of such
appeal.
``(d) Use of Existing Stocks.--Notwithstanding the prohibitions
contained in sections 4 and 5 [sections 2403 and 2404 of this title],
the Administrator, not later than 90 days after the date of the
enactment of this Act [June 16, 1988], shall provide reasonable times--
``(1) not to exceed 180 days after the date of the enactment of
this Act, for the continued sale, delivery, purchase, and receipt of
any antifouling paints containing organotin and organotin additives
that exist before the date of the enactment of this Act; and
``(2) not to exceed one year after the date of the enactment of
this Act, for the application of any antifouling paints containing
organotin and organotin additives that exist before the date of the
enactment of this Act.''
Short Title
Section 1 of Pub. L. 100-333 provided that: ``This Act [enacting
this chapter] may be cited as the `Organotin Antifouling Paint Control
Act of 1988'.''