**1998 Year of the Ocean**

**THE U.S. MARINE TRANSPORTATION SYSTEM**

# 

**Contents**

1\. EXECUTIVE SUMMARY A-2

2\. INTRODUCTION A-3

3\. THE CURRENT U.S. MARINE TRANSPORTATION SYSTEM A-4

4\. IMPORTANCE TO THE U.S. ECONOMY AND NATIONAL SECURITY A-7

5.  GLOBAL TRENDS THAT WILL AFFECT MARINE TRANSPORTATION A-7

6\. MARITIME POLICY AND KEY STRATEGIC ISSUES A-9

7\. TECHNOLOGY A-12

8\. OPTIONS FOR CONSIDERATION A-14

9.  CONCLUSION A-15

10. DOMESTIC LEGAL REGIME A-16

11\. LIST OF ACRONYMS A-37

This Year of the Ocean document was prepared as a background discussion
paper and does not necessarily reflect the policies of the U.S.
Government or the U.S. Government agencies that participated in its
preparation.

**EXECUTIVE SUMMARY**

#  The U.S. marine transportation system encompasses a network of navigable waters, publicly and privately owned vessels, port terminals, intermodal connections, shipyards, vessel repair facilities, and a trained labor pool operating and maintaining this infrastructure.

The United States is the world's largest trading nation, accounting for
over one billion metric tons or nearly 20 percent of the world's
oceanborne trade. Nonetheless, with international trade projected to
triple by 2020, and with over 90 percent of this trade (by weight)
projected to move by ocean, the capacity of the U.S. marine
transportation system must increase. This includes bringing the physical
infrastructure of the system, such as charts, vessel traffic services,
and berths, up to world-class standards.

The larger vessels being built to accommodate increasing demands require
deeper channels. Dredging operations that are necessary for the safe
operation of vessels and port facilities raise environmental concerns
regarding the disposal of dredged material. Additional environmental
challenges include control of non-indigenous species, intentional and
non-intentional emission of petroleum and other toxins, and physical
damage to marine habitats caused by vessel and port operations.

Technological developments in shipbuilding, navigation information,
communications, sensors, and cargo handling will improve safety and
efficiency and allow smaller crews. As ships and transportation systems
become more complex, training requirements will grow. Crews must be
qualified and operate in accordance with international standards.

Regulatory authority already exists to manage and maintain the marine
transportation system. However, the scope of improvements needed to
remain globally competitive forces consideration of the need for better
coordination among the many stakeholders, new funding mechanisms, and
development of a Federal Waterways Management Plan.

**INTRODUCTION**

Marine transportation is an integral component of the U.S.
transportation system and is essential to the nation's economy. By 2020,
international trade will triple, with over 90 percent (by weight) moving
via the ocean. Accordingly, the entire U.S. transportation
infrastructure, including ports and waterways, must be able to handle
this projected increase. The nation needs to plan for and manage future
growth of marine transportation on its waterways.

The importance of waterways tends to be overlooked by the public when
compared to air, rail, and highway systems. This can be attributed to
the general lack of understanding of the contribution of ports and the
waterways system to people's daily lives as well as to national
security. In many cases, as in international commerce, there is no
alternative to moving goods by water. Thus, formal coordination and
planning of marine transportation infrastructure improvements are needed
as competition for use of the waterways and vessel size and complexity
increase. For example, one consequence of inefficient waterway use would
be an inability to meet "just-in-time" delivery requirements, resulting
in higher costs for consumer goods.

Increasing the efficient use of waterways has additional economic and
environmental benefits. The marine transportation system can relieve
congestion in other transportation modes. Waterborne transportation is
more fuel-efficient than other transportation modes and reduces
propulsion emissions by one-third or more. Transporting bulk goods by
water results in a 35 percent reduction in transportation costs, when
compared to other modes.

Technological advances offer opportunities to counter the challenges
that increasing trade and the continued growth in the length, width, and
draft of ships present for the nation's economy, environment, and port
communities. In combination with computer and communication technology
to integrate and deliver the data to mariners, the following advances
will significantly reduce the risk of serious accidents and spills:

-   full-bottom coverage survey equipment;

-   electronic chart display and information systems;

-   electronic charting systems;

-   vessel traffic services;

-   vessel transponders;

-   real-time acquisition and delivery of data; and

-   the differential global positioning system.

One study by the Woods Hole Oceanographic Institute estimates that an
effective electronic charting system alone could do as much to reduce
risks of oil and chemical spills as requiring tankers to have double
hulls.

Marine safety will also benefit from improved communications and
cooperation among federal, state, local authorities, and private
interests.

**THE CURRENT U.S. MARINE TRANSPORTATION SYSTEM**

The U.S. marine transportation system encompasses a national and global
network of navigable ocean, lake, river, and inland waterway routes; the
vessels that carry waterborne commerce; a complex of ports and terminals
serving as intermodal points of transfer between the water system and
the land-based transportation modes; ship operators; an extensive
supplier base; and shipboard, shipyard, and longshore labor forces. The
system includes over 3,500 bulk oil transfer facilities, 10,000 marinas,
18,000 bridges, a network of locks and dams, and 97,000 aids to
navigation. Diverse groups of waterway users---commercial vessels making
70,000 port calls annually, 110,000 fishing vessels, and 20 million
recreational vessels---vie for access to our waterways often with
conflicting interests and purposes. Additionally, the general public is
concerned about the waterways' environmental health and esthetics.

**The Merchant Marine Fleet**

As of October 1, 1997, the U.S. merchant marine---the fleet of privately
owned, U.S.-registered ships, in foreign and domestic trades---totaled
356 vessels (286 oceangoing ships and 70 large Great Lakes vessels) with
a capacity of approximately 15 million deadweight tons (dwt). In 1996,
approximately 33,000 cargo carrying vessels and 8,000 tugs, ferries,
passenger, and supply boats served the inland waterways, Great Lakes,
and coastal trades. Overall, the U.S. water transportation industry
employs 170,000 people on board ships and in supporting shoreside
occupations. An additional 34,000 production workers are employed in the
major shipyards, and thousands more work in smaller shipbuilding and
ship repair facilities.

**Foreign Trade**

The United States is increasingly enjoying the benefits of growing
international trade as trade barriers are eliminated. Currently, trade
flows are growing faster than the gross domestic product. In 1996,
approximately \$590 billion of goods (41 percent of the total value of
U.S. foreign trade, and a much larger share by weight), were carried on
the ocean and passed through our ports. By comparison, air and overland
transportation accounted for 27 and 31 percent, respectively, by value.
Comparable statistics on the weight of truck, rail, and pipeline traffic
between the United States and Canada/Mexico are not available.

The United States is the world's largest trading nation, accounting for
over one billion metric tons or nearly 20 percent of world oceanborne
trade. The nine million barrels of oil the United States imports daily,
the majority by water, is by far the largest single commodity handled
anywhere. In fact, excluding Mexico and Canada, over 95 percent of
overseas trade by tonnage is shipped by sea.

Despite the growth in U.S. foreign trade and numerous promotional
programs designed to subsidize U.S.-flag operations, the U.S. maritime
industry has struggled to compete effectively in the international
shipping market. U.S.-flag ship operators continue to face substantial
competition from foreign operators who have achieved equal or better
productivity. Foreign operators enjoy substantially lower operating and
capital costs with less stringent safety, construction, and
environmental requirements. They also benefit from more modern
shipyards, and less expensive labor from developing countries. Given
these conditions, the role of the federal government in defining and
protecting U.S. national interests will need to be addressed in the
years ahead. The U.S. merchant fleet currently carries three percent of
U.S.-foreign waterborne trade, with the remaining 97 percent hauled by
foreign-flag operators.

Even though its share has declined, the quantity of cargo carried by the
U.S. fleet generally has increased---from 25.2 million long tons in 1970
to 28.3 million long tons in 1996, a 12.5 percent increase. The absolute
increase in cargo carried on U.S.-flag vessels reflects the deployment
of larger, more productive U.S.-flag vessels since the 1970s.

**Domestic Shipping**

Domestic shipping includes commerce on the Great Lakes, the inland
waterways, and in the domestic ocean trades. Annually, over one billion
short tons of cargo move in the domestic trade (24 percent of all U.S.
cargo on a ton-mile basis) at less than 2 percent of the entire domestic
freight bill (\$422 billion in 1995). U.S. domestic waterborne shipping
generates \$8 billion in annual freight revenue. Domestic shipping
serves over 90 percent of the U.S. population, and carries approximately
65 million passengers each year on domestic vessel cruises and passenger
ferries. Approximately 124,000 people are engaged in a variety of
domestic shipping-related activities, including an estimated 80,000
employed in seafaring and non-seafaring positions on board U.S.-flag
vessels operating in the coastwise and inland waterway trades.
Long-standing U.S. law limits commerce between U.S. ports to U.S.-flag
vessels.

**Ports**

There are 355 ports in the United States that handle cargoes at some
4,000 marine terminals. Ports and marine terminals are intermodal
transfer points where cargo is moved from one mode of transportation to
another. While the surface transportation is generally efficient,
improvements are needed at the transfer points in our ports. The
importance of these intermodal interchange points is recognized in the
National Highway System Designation Act of 1995. The Act identifies 240
connectors between the nation's highway system and the 150 port and
marine terminals that handle nearly all U.S. waterborne freight..
Predicted growth in international waterborne commerce will increase the
demands on U.S. ports' infrastructure, intermodal connectors, and the
entire transportation system. The infrastructure of U.S. ports is
critical for national economic health and protection of U.S. national
security interests.

Ports must be able to accommodate the larger vessels coming into
service. Ports must also upgrade cargo-handling equipment and
operational procedures to increase the speed and volume of cargo
throughput. In general, larger and faster ships and advanced port
container-handling equipment will enable terminal operators to move more
cargo and increase labor productivity. The labor force of the future
will have to be highly skilled to operate the equipment and systems
needed for tomorrow's ports. Unless necessary port infrastructure
improvements are completed in a timely and cost-effective manner, some
major ports could lose business to other U.S. or non-U.S. ports.

To exploit fully the cost efficiencies of the new "mega" ships, large
carriers will limit vessel calls to major load center ("hub") ports.
Some hub ports exist today, but by 2020, they will become the preferred
distribution points on high-volume trade routes fed by domestic coastal
"relay" operations. Smaller ports will take on a new role as they become
part of a network of coastal trade facilities.

The deployment of larger ships will increase dredging concerns---both
the physical capability to handle large ships and the environmentally
sound and cost-effective disposal of dredged material. Large vessels
(6,000 twenty-foot equivalent units (TEUs)) require a minimum channel
depth of 15 meters (49 feet), increasing only marginally to 15.3-15.5
meters (to 51 feet) for 8,000-10,000 TEU ships.

In addition to the growth in trade, environmental concerns and a need to
relieve road and rail congestion will drive coastwise expansion of
markets for movement of freight and passengers.

**Shipbuilding and Repair**

The United States shipbuilding and repair industry is an aggregate of
more than 280 privately owned facilities. These facilities are located
in more than 150 cities, in 30 states and Puerto Rico. Eighteen of the
U.S. facilities comprise the Major Shipbuilding Base (MSB). The MSB
includes shipyards having at least one shipbuilding position consisting
of an inclined way, a launching platform, or a building basin capable of
accommodating a vessel of at least 122 meters in length. With few
exceptions, these shipbuilding facilities are also major repair
facilities with drydocking capability. As of January 1, 1997, the total
production workforce in the MSB was 34,591---of which 3,974 were engaged
in constructing vessels for commercial operations. Second-tier
shipyards, comprised of small or medium size facilities, engage
primarily in the construction of vessels for use on the inland and
coastal waterways as well as for foreign markets.

Around 2020, shipyards will begin building vessels to replace those
being built today. Sufficient capacity will be available. The
integration of ship design and production processes, and the use of
robotics and electronically controlled assembly will result in more
efficient, cost-effective and timely ship construction. While Far East
shipyards will continue to dominate shipbuilding, Japan and South Korea
are expected to be less dominant, as China, India, Malaysia and
Singapore capture increased market share. Pacific Rim shipyards are also
expected to enter markets for more sophisticated vessels.

**IMPORTANCE TO THE U.S. ECONOMY AND NATIONAL SECURITY**

Transport by water is generally the most economical and efficient means
to move goods. Efficient, well managed ports and waterways benefit every
American by keeping waterborne commerce flowing. This, in turn, keeps
shipping costs down and ultimately makes products more affordable.

The demand for waterborne cargo initiates a chain of economic activity,
which contributes to the overall national economy. This activity
generates 15.9 million jobs throughout the country and contributes
\$78.6 billion to the GDP. For example, with increased farm production,
for U.S. farmers to be competitive globally, there must be low-cost and
efficient marine transportation to deliver their products to overseas
markets.

Marine transportation, including ports and waterways, is vital to our
national security. With the recent reduction of U.S. forces and forward
basing of equipment overseas, the ability to rapidly deploy troops and
material worldwide is even more critical. During the Gulf War, for
example, 95 percent of the supplies for U.S. forces went by ship.

**GLOBAL TRENDS THAT WILL AFFECT MARINE TRANSPORTATION**

**Shifts in Trade Patterns**

Shifts in trade patterns will have direct impacts on shipping demand.
Trade routes will change in response to available labor pools and
markets. As labor-intensive manufacturing continues to migrate from
North to South America and eastern to western Asia in search of
lower-cost labor, shipping from U.S. East Coast ports via the Suez Canal
may become more attractive than trans-Pacific routing. This could
reverse the current west-to-east flow of Asian imports.

Within the United States, domestic waterborne commerce may benefit by a
shift in dry cargo shipments from congested highway and rail corridors
to coastal waterways. Development of effective intermodal interfaces
could also promote domestic trade growth. For example, domestic
tug-barge service throughout the Great Lakes, inland waterways, and
coastal ocean trades, could provide an integrated water route for
Canada-U.S.-Mexico trade.

**Capital Requirements**

Substantial capital investment---both private and public---in new ships,
related equipment, and physical intermodal infrastructure, will be
required to meet growing transportation demands. New financing
mechanisms will be needed to meet the unique requirements of ports and
waterways which do not benefit from direct public use and attention.
Future capital requirements and priorities must be set for the
allocation of available funds. Increased congestion on the interstate
highway system, for example, will provide an incentive to shift
investment toward maritime and rail service; however, without greater
public appreciation of the importance and value of marine
transportation, public funds will continue to be directed towards the
immediate needs of land transportation. The increased globalization of
the U.S. economy and increased demand for transportation services must
be factored into transportation investment decisions.

**Vessel Technology**

New vessel designs and propulsion and energy sources will produce
larger, faster, more efficient ships, particularly in the high-volume
line-haul trades from the Far East to Europe and the United States.
Containerships introduced into service in the 1960s with capacities of
less than 500 TEUs, have been replaced by ships that can carry
approximately 6,000 TEUs. Carriers planning for increased cargo volume
have ordered vessels that can carry over 8,000 TEUs. By 2010, ships
carrying 13,000 TEUs are possible. However, this prospect raises
concerns about port capacity and the ability of intermodal connections
to move cargo away from a port to its destination. The limited channel
depth of many ports will create more demand for vessels with smaller
draft, including tug-barges, to transship cargo to final regional
distribution ports.

Component miniaturize has applications in vessel technology. The
capability to produce higher amounts of power with smaller generators
will result in a significant fuel savings and a reduction in noxious
emissions. Fuel cell development could lead to an environmentally
friendly propulsion alternative for the future.

Integrated navigation and communications systems utilizing global
positioning, electronic chart display, improved data and voice
transmission capabilities, and the military's "glass cockpit"
technology[^1] will improve safety. Onboard automation will further
increase productivity. A ship with a crew of 50 seafarers in 1960 and 8,
16, or 21 today could have as few as 4 by 2020.

**Human Resources/Training**

Even as ships become larger and average crew sizes smaller, the current
shortage of adequately trained mariners will continue worldwide as trade
triples by 2020. As ships and transportation systems become more
complex, training requirements will grow. Advances in human factors
technology and applications of system safety principles will demand
better training and performance testing of personnel. Highly trained
people will be required for most positions and this will result in a
demand for skilled U.S. seafarers, especially as the difference between
U.S. and foreign wages decreases.

Increased public concern for safety and protection of the environment
will accelerate the movement toward enhanced international requirements
for vessel safety, environmental protection, and crew qualifications.

**MARITIME POLICY AND KEY STRATEGIC ISSUES**

There are many laws and international treaties that govern our waterways
and their use. Although many federal agencies exercise specific
authorities, section 101 of Title 49 United States Code (U.S.C.) gives
the Department of Transportation the responsibility to oversee the
national transportation system. Other authorities relevant to marine
transportation can be found in U.S.C Titles 14, 16, 19, 33, 46 and 49,
and in international treaties.

**International Standards**

Under International Maritime Organization (IMO) resolutions to become
effective in 2002, the United States and the member nations of the
European Union (EU) have pledged to verify that ships calling in ports
under their jurisdiction are in compliance with international standards
of ship safety, training, operation, and construction. The uniformity
and enforcement of these regulations will ensure that carriers have
equitable safety and training costs. With U.S. leadership, operational
safety in U.S. and EU ports should improve significantly; efforts will
need to be directed to worldwide acceptance of these standards among all
maritime nations.

The use of double-hulls and other design features will decrease the
possibility of an oil spill if a vessel goes aground or is involved in a
collision. The Oil Pollution Action of 1990 requires all oil tankers and
barges calling at U.S. ports to have double-hulls by 2015. In addition,
under IMO regulations, newly constructed tankers must have a double hull
or equivalent protection.

**Need for greater policy coordination and integration**

Although the U.S. marine transportation system is extensive and
currently capable of handling vast amounts of cargo, it is not without
problems. Investment and technological deficiencies hinder growth, and a
variety of users have expressed their concerns. For example, Intertanko,
an organization of foreign-flag tanker owners and operators whose
members' ships carry 60 percent of oil and petrochemical shipments to
and from the United States, notes that U.S. ports are being pushed to
the limits of their capability. They further contend that it is an
anomaly that tankers that approach U.S. terminals do so without the
support of a modern vessel traffic system. These tankers must often base
their approach on 50 year old charts, are instructed to approach a berth
on less than adequate water draft, and finally moor at a berth that was
designed to accommodate ships much smaller than a modern tanker.

The President of Sea-Land, a major U.S. and global liner and shipping
company, has stated that successful U.S. ports of the future will be
those that have appropriate road and rail connections and deep harbors
to accommodate the larger, newer vessels. He warns that the Port
Authority of New York/New Jersey could lose 20 percent of its
international cargo by 2015 unless its channels are deepened beyond 40
feet.

The Center for Naval Analysis notes that responsibility for managing
U.S. ports and its waterways system is spread among various federal
agencies and stakeholders. Management is fragmented and there is no
mechanism for coordination. The Center further indicates that unless all
entities work together in unison, it will not be possible to ensure that
all ships and cargoes can move efficiently into and out of U.S. ports,
global prices will rise, and U. S. global competitiveness will drop.

Actively involving waterway users and stakeholders in comprehensive
planning will aid in consensus building that balances the needs of all.
Waterways management is currently the product of a loosely coupled
system of customers and stakeholders. Analyses show that waterways
management policies, procedures, and standards are inconsistent from
port to port, from region to region, and from nation to nation. Waterway
users want a seamless transportation system from the point of origin to
destination. Waterway managers, speaking with one voice and working
together, can achieve this objective. At the local level, ports need to
be more customer-focused to give waterway users a greater degree of
consistent, "one stop-shopping" for port information, services and to
satisfy all regulatory requirements.

As demand for use of limited waterway space increases, the public
expects the government to ensure the safety of the marine transportation
system and to protect the marine environment. The public also expects an
infrastructure that adequately meets the nation's needs, even though
much of the landside facilities are provided by non-federal entities.
Coordination of public and private efforts is needed to meet this
challenge.

**Marine Transportation and National Defense**

As a military and economic superpower, the United States must be
prepared to respond to regional conflicts around the globe that threaten
U.S. national security or economic interests. The Department of Defense
(DoD) will deploy smaller, but more efficient, military forces to
protect vital national interests and rely on "just-in-time" logistics
for improved defense equipment inventory management and force projection
capability.

To maximize DoD's logistics capability and minimize its cost, future
defense transportation requirements will be met by increased reliance on
the U.S. commercial transportation sector. As security threats or
natural disasters occur, the United States will use not only sealift,
but the entire intermodal transportation system, to deploy quickly and
sustain its forces.

For general (dry) cargoes, the Maritime Security Program, and the
Voluntary Intermodal Sealift Agreement program, assure a cost-effective
way to provide DoD with a worldwide network of container ships,
terminals, and experienced personnel for sealift requirements.

For petroleum cargoes, the Voluntary Tanker Agreement that provides a
mechanism for U.S. tanker owners to make their vessels available to DoD
for point-to-point transport of military fuels and lubricants. This
agreement is designed to meet contingency or war requirements, it is not
applicable to peacetime re-supply operations normally addressed by
commercial type charters.

Complementing these resources are the vessels and crews employed in the
domestic waterborne trades. Under section 27 of the Merchant Marine Act
of 1920, known as the Jones Act, coastal and inland trades are reserved
for U.S.-citizen owned vessels built in the United States, which meet
U.S.-citizen crew requirements. Over 75 percent of the oceangoing Jones
Act vessels are militarily useful, as defined by DoD, and the pool of
seafarers with experience on these vessels has been relied upon to
operate government-owned reserve fleet vessels for many missions.

**Marine Transportation and the Environment**

The immense size of the marine transportation infrastructure and the
fact that much is located in sensitive coastal environments raise
concerns over possible environmental impacts to marine ecosystems.
Dredging operations that are necessary for the safe and operational
function of port facilities raise environmental concerns regarding the
disposal of dredged material. The purpose of many statutes and
regulations is to prevent environmental damage when building or
utilizing the marine transportation system.

Dredging is necessary for many ports to remain operational and
accommodate a wide diversity of transport vessels. However, deeper
dredging may expose concentrated toxins that are currently sealed by a
layer of silt and clay. An example of this is the ketones disposed of by
old industrial processes at the mouth of the James River. Dredging in
this area would create an environmental disaster. The disposal of dredge
spoils has become a major environmental concern in conflict with port
and waterway development.

In response to environmental concern over the ocean disposal of
material, the United States Congress enacted the Marine Protection,
Research, and Sanctuaries Act (MPRSA) to address and control the dumping
of materials into ocean waters. As a result, all operations involving
the transport and disposal of dredged material are evaluated, disposal
sites are designated and selected to reduce environmental impacts, and
monitoring programs are established by the Environmental Protection
Agency and the U.S. Army Corps of Engineers to ensure unnecessary
environmental degradation.

Plants, animals, and microorganisms are incidentally transported through
ballast water from their natural habitats to other areas of the globe.
Without local predators, they can become an invasive nuisance and
overwhelm indigenous populations. Zebra mussel larvae, introduced to the
United States waters, have become widespread and can clog the water
intake pipes of plant operations. Control and eradication efforts are
costly. San Francisco Bay is home to some 230 invasive species, the
largest introduced population in the nation.

Marine paints incorporate biocides to inhibit corrosion and colonization
and growth of marine sessile organisms. These paints reduce hull
maintenance downtime, increase vessel speed by reducing drag, and
improve fuel consumption. The biocides that make marine paints effective
can damage non-target aquatic species. The "Organotin Paint Control Act
of 1987" has greatly reduced levels of the toxin TBT in waterways, while
still making marine paints with biocides available for the commercial
fleets.

Petroleum products spilled into waterways can have both short and long
term effects on water quality. Massive oil spills can be very damaging;
however, it is the collective contribution of small amounts of petroleum
products due to leakage, accidents, and runoff from roadways, rail
yards, and parking lots that introduce a large amount of oil and
petroleum products into the marine environment. Much effort and
regulatory attention has been made to prevent the large spills, but much
needs to be done to prevent the many small pollution sources.

Physical damage to sensitive aquatic habitats from vessel groundings is
another concern. The recovery of lost and damaged corals due to a recent
grounding of a large commercial vessel in the Florida Keys National
Marine Sanctuary (FKNMS), is a long and slow process. Recovery from the
incidental damage to local fisheries and tourism can also be slow.
Establishing marine protected areas such as the FKNMS will help to keep
vessels clear of these sensitive areas.

Marine transportation activities come under an environmental regulatory
framework that is both national and international in scale. Most of
these regulations are directed at controlling or preventing water
pollution. As science better understands the movement, fate, and effects
of a wide variety of pollutants, additional control policies will be
created. Marine transportation must facilitate commerce without damaging
marine ecosystems.

**TECHNOLOGY**

The U.S. maritime industry has been a leader in developing and applying
technology to lower transportation costs, improve service to shippers,
increased safety, ensure environmental protection, and provide sealift
to the U.S. armed forces in times of national emergency. It has
dramatically improved productivity through innovative and creative
application of technologies.

Technology offers tools to increase safety and efficiency. By 2020,
advances in computer information and communications technologies will
further change the way transportation and business activities are
organized.

**Navigation Information**

Critical to safe and efficient movement of marine traffic is a modern
navigation information infrastructure. This infrastructure includes
accurate electronic charts, reliable positioning systems, real time
environmental information (winds, waves, tides, water levels) and a
vessel traffic management system. Developing accurate charts will
require a comprehensive bottom survey program using state-of-the-art
technology. There are many areas of U.S. coastal waters and harbors that
have not been surveyed in 50 years. The introduction of deeper draft
ships as well as facilities' construction, channeling, and natural
silting justify newer surveys. This is especially critical in areas
where there is minimal under-keel clearance available to ships.

The Differential Global Positioning System) and the Electronic Charting
Display and Information System are replacing traditional navigational
methods. Electronic navigation systems are likely to improve safety
overall, but may introduce new complexities and new opportunities for
human error. These systems will require new training and qualification
programs for mariners. Looking back historically to the introduction of
radar, one might also expect that some of the safety advantages of
electronic navigation systems will translate into increased
transportation throughput.

Automatic identification system transponder capability will improve
mariners' and ashore managers' job performance by providing more
comprehensive information frequently and unobtrusively. Digitized
communications on demand will lessen reliance on traditional VHF voice
communications, which are reaching airwave saturation. Sensing
communications and information technologies offer big improvements in
how things are done in the marine industry. "Smart" systems can tell
mariners what is happening with their ship, independent of their own
observation. Many traditional systems, like stability books, can be
enhanced with updated technology.

Advances in marine technology will change vessel design, operating
procedures, and manning levels. These advances will offer the potential
for rapid increases in transportation throughout and highlight the need
for streamlined, responsive, performance-oriented regulations. Industry
will demand greater involvement in the policy-making and regulatory
processes to take advantage of innovative approaches and to stay
competitive.

Effective use of technology can increase the capacity of marine
transportation while maintaining safety and protecting the environment.
To that end, the development and effective use of risk assessment
techniques are essential. Coordinated research and development to assess
the complexity and coupling of systems is important.

In general, technological advances will be critical factors in ensuring
that the overall transportation system is brought to its full potential
in terms of life-cycle economics (the cost of acquisition, operation,
maintenance, and disposal of an item), energy efficiency, and minimal
societal impacts. The rapid advance of technological capabilities has
not been matched by the government's ability to establish standards that
deploy its use, nationally and internationally. When the marine industry
is ready to use a technology, such as the Electronic Charting Display
and Information System, it expects there to be a national standard in
conformity with international conventions. A national policy and
mechanism for better coordination on issues such as these would
represent a giant step toward providing the technology wanted by the
maritime industry. Federal resources for maritime research and
development have declined significantly, leading to a reduction in
important R&D activities and elimination of some crucial programs at the
very time that R&D is needed to meet the challenges.

**Human Factors**

As technological advances become more sophisticated, the interface
between man and machine becomes increasingly complex. In considering
this human element interface, one must recognize that to achieve the
world's safest, most cost-effective, and environmentally sound maritime
transportation system, the role of people in preventing casualties and
pollution must be emphasized. Advances in technology on board vessels
and in the marine transportation infrastructure have reduced the number
of casualties due to engineering or structural failures to less than 20
percent.

Studies of recent casualties show that human factors cause 75-95 percent
of all marine accidents. This indicates an engineering success story;
however, it also indicates that to make additional gains, the issues
involving the role and impact of people must be addressed. Management,
training, work environment, behavior, and technology are all elements
that influence how people will perform. Future improvements to the U.S.
marine transportation system must include human element considerations.

**OPTIONS FOR CONSIDERATION**

Improving marine transportation will require a number of actions to
improve the focus, coordination, planning, research, and management for
ports, waterways, and their intermodal connections. Investment in the
marine transportation system should take several forms:

-   technology assessment and application

-   risk management development and application

-   active involvement at all levels with the user community,
    environmental interests, Congress, states, and other federal
    agencies.

Federal agencies need to take an active role in marine transportation
and waterways management at the local and national levels. They need to
work with industry and other affected stakeholders to resolve problems
and, where appropriate, provide federal funding for projects and
services.

In light of budget cutbacks, the maritime industry, local governments,
and the Federal\
Government should explore partnership funding arrangements to:

-   Recognize the marine transportation system as a critical element in
    transportation legislation (such as ISTEA or subsequent
    legislation).

-   Develop federal ports and waterways.

-   Implement pollution prevention and response initiatives recommended
    by the Interagency R&D Committee established under the Oil Pollution
    Act of 1990.

-   Conduct research and development in areas where commercial interests
    alone are not sufficient to justify work in the private sector.

-   Develop a long-term comprehensive dredged material management plan
    for the U.S.

-   Develop a "model port" concept.

**CONCLUSION**

Marine transportation is one of the more important uses of the ocean.
There will be increased demand on U.S. ports and waterways, which are
already reaching maximum capacity. Increased use of waterways and port
facilities must be achieved while still protecting human health and the
environment. National leadership, in partnership with private and public
stakeholders, can help to ensure that the marine transportation system
meets the nation's needs into the 21st Century.

**DOMESTIC LEGAL REGIME**

**Contents**

-   Deepwater Port Act of 1974 (33 U.S.C. §§ 1501 [et]{.underline}
    [seq]{.underline}.)

-   Ports and Waterways Safety Act of 1972 (33 U.S.C. §§ 1221-1236)

-   Rivers and Harbors Act of 1899 (33 U.S.C. § 401 [et]{.underline}
    [seq]{.underline}.)

-   Bridges over Navigable Waters (33 U.S.C. §§ 491-535)

-   Coast and Geodetic Survey Act (33 U.S.C. §§ 883a-k

-   Inland Navigational Rules (33 U.S.C. §§ 2001-2073)

-   International Regulations for Preventing Collisions at Sea (33
    U.S.C. §§ 1601-1608)

-   Wreck Act (33 U.S.C. § 409 [et]{.underline} [seq]{.underline}.)

-   Title 46 United States Code

-   Harter Act (46 App. U.S.C. §§ 190-195)

-   Carriage of Goods by Sea Act (46 App. U.S.C. §§ 1300-1315)

-   Interstate Commerce Act (49 U.S.C. §§ 10101 [et]{.underline}
    [seq]{.underline}.)

-   Intermodal Surface Transportation Efficiency Act of 1991 (P.L.
    102-240)

-   Merchant Marine Act of 1920 (46 App. U.S.C. §§ 861 [et]{.underline}
    [seq]{.underline}.)

-   Merchant Marine Act of 1928 (46 App. U.S.C. § 891)

-   Merchant Marine Act of 1936 (56 App. U.S.C. §§ 1101 [et]{.underline}
    [seq]{.underline}.)

-   Shipping Act of 1916 (46 App. U.S.C. §§ 801 [et]{.underline}
    [seq]{.underline}.)

-   Shipping Act of 1984 (46 App. U.S.C. §§ 1701-1720)

-   Admiralty Extension Act (46 U.S.C. § 740)

-   Death on the High Seas Act (46 U.S.C. § 761)

-   Jones Act (46 App. U.S.C. § 688)

-   Limitation of Shipowner Liability Act (46 App. U.S.C. §§ 181-185)

-   Longshore and Harbor Workers Compensation Act (33 U.S.C. §§ 901
    [et]{.underline} [seq]{.underline}.)

-   Public Vessel Act (46 U.S.C. §§ 781-790)

-   Suits in Admiralty Act (46 U.S.C. §§ 741-752)

-   Title 46, U.S.C., SUBTITLE III

-   Act to Prevent Pollution from Ships (33 U.S.C. §§ 1901
    [et]{.underline} [seq]{.underline}.)

-   Clean Air Act (42 U.S.C. §§ 7401 [et]{.underline}
    [seq]{.underline}.)

-   Clean Vessel Act of 1992, subtitle F, §§ 5601 to 5608, (33 U.S.C.
    §1322 note)

-   Comprehensive Environmental Response, Compensation, and Liability
    Act of 1980 (42 U.S.C. §§ 9601 [et]{.underline} [seq]{.underline}.)

-   Federal Water Pollution Control Act (33 U.S.C. §§ 1251
    [et]{.underline} [seq]{.underline}.)

-   Florida Keys National Marine Sanctuary Act (P.L. 101-605)

-   Hazardous Materials Transportation Act (49 U.S.C. §§ 1801-1813)

-   National Marine Sanctuaries Act (16 U.S.C. §§1431 [et]{.underline}
    [seq]{.underline}.)

-   Ocean Dumping Act (33 U.S.C. §§ 1401 [et]{.underline}
    [seq]{.underline}.)

-   Oil Pollution Act of 1990 (33 U.S.C. §§ 2701 [et]{.underline}
    [seq]{.underline}.)

-   Organotin Anti-Fouling Paint Control Act of 1988 (33 U.S.C. §§ 2401
    [et]{.underline} [seq]{.underline}.)

-   Shore Protection Act of 1988 (33 U.S.C. §§ 2601 [et]{.underline}
    [seq]{.underline}.)

-   U.S. Public Vessel Medical Waste Anti-Dumping Act of 1988 (33 U.S.C.
    §§ 2501 [et]{.underline} [seq]{.underline}.)

The legal regime covering this topic is based on a collection of
important federal statutory authorities. The following is a brief
description of some of those authorities relating to maritime
transportation. The list is selective and is designed to illustrate some
major maritime transportation acts. The list is not meant to be
comprehensive.

I. PORTS AND WATERWAYS

**[Deepwater Port Act of 1974Port Act of 1974]{.underline}**, as
amended, 33 U.S.C. §§ 1501 [et]{.underline} [seq.]{.underline}

The Act creates the regulatory regime for the location, ownership,
construction, and operation of deepwater ports in waters beyond the
territorial limits of the United States. The Act provides for the
protection of the marine and coastal environments and the rights and
responsibilities of states and local communities. Deepwater ports are
non-vessel, fixed or floating manmade structures that are used as a port
or terminal for the loading, unloading, or handling of oil for
transportation to a state. The Secretary of Transportation issues
deepwater port permits; however, the National Oceanic and Atmospheric
Administration advises the Department of Transportation on the
environmental review criteria for deepwater port applications, the site
evaluation and preconstruction testing at potential locations, and the
designation of "adjacent coastal state" status (in other words, if the
state is subject to equal or greater risk than the state directly
connected to the port by pipeline).

**[Ports and Waterways Safety Act of 1972and Waterways Safety Act of
1972]{.underline}**, as amended, (PWSA), 33 U.S.C. §§ 1221-1236

The PWSA, as amended by the Port and Tanker Safety Act of 1978, P.L.
95-474, and the Oil Pollution Act of 1990 (OPA), is designed to promote
navigation, vessel safety, and protection of the marine environment.
Generally, the PWSA applies in any port or place under the jurisdiction
of the United States, or in any area covered by an international
agreement negotiated pursuant to section. 33 CFR 2.05-30 defines waters
subject to the jurisdiction of the U.S. as navigable waters, other
waters on lands owned by the U.S., and waters within U.S. territories
and possessions of the U.S.

The PWSA authorizes the U.S. Coast Guard (USCG) to establish vessel
traffic service/separation schemes (VTSS) for ports, harbors, and other
waters subject to congested vessel traffic. The VTSS apply to commercial
ships, other than fishing vessels, weighing 300 gross tons (270 gross
metric tons) or more. The OPA amended the PWSA to mandate that
appropriate vessels must comply with the VTSS.

The PWSA was amended by the Port and Tanker Safety Act of 1978 (PTSA),
P.L. 95-474. Under the PTSA, Congress finds: that navigation and vessel
safety and protection of the marine environment are matters of major
national importance; that increased vessel traffic in the Nation's ports
and waterways creates substantial hazard to life, property or the marine
environment; that increased supervision of vessel and port operations is
necessary in order to (1) reduce the possibility of vessel or cargo
loss, or damage to life, property or the marine environment; (2) prevent
damage to structures in, on, or immediately adjacent to the navigable
waters of the United States or the resources within such waters; (3)
insure that vessels operating in the navigable waters of the United
States shall comply with all applicable standards and requirements for
vessel construction, equipment, manning and operational procedures; and
(4) insure that the handling of dangerous articles and substances on the
structures in, on, or immediately adjacent to the navigable waters of
the United States is conducted in accordance with established standards
and requirements; and that advance planning is critical in determining
proper and adequate protective measures for the Nation's ports and
waterways and the marine environment, with continuing consultation with
other federal agencies, state representatives, affected users and the
general public, in the development and implementation of such measures.

The PTSA provided broader regulatory authority over regulated and
non-regulated areas. The PTSA provided for improvements in the
supervision and control of all types of vessels operating in navigable
waters of the United States, and in the safety of foreign or domestic
tank vessels that transport or transfer oil or hazardous cargoes in
ports or places subject to United States Jurisdiction. The PTSA also
reflects certain tank vessel standards and requirements accepted
internationally, specifically those developed by the International
Conference on Tanker Safety and Pollution Prevention.

**[Rivers and Harbors Act of 1899]{.underline}**, as amended, (RHA), 33
U.S.C. § 401 [et]{.underline} [seq.]{.underline}

The RHA prohibits the unauthorized obstruction of navigable waters of
the United States. The construction of any structure or the excavation
of or deposit of fill in the navigable waters of the United States is
prohibited without a permit from the Army Corps of Engineers. The Act
also prohibits the discharge of refuse and other substances into
navigable waters, but this aspect of the RHA has been largely superseded
by the Clean Water Act.

II\. NAVIGATION

**[Bridges over Navigable Watersover Navigable Waters]{.underline}**, 33
U.S.C. §§ 491-535

The sections within Title 33 between sections 491 and 535 area a
collection of several bridge laws that are intended to prevent any
interference with navigable waters of the U.S. whether by bridges, dams,
dikes or other obstructions to navigation except by express permission
of the U.S. The Secretary of Transportation's authority has been
delegated to the Commandant of the Coast Guard. There is, however, an
advance approval category where the Commandant has given his advance
approval for bridges over waters navigable in law but not navigable in
fact. See 33 CFR 115.70.

**[Coast and Geodetic Survey Act]{.underline}**, as amended, 33 U.S.C.
§§ 883a-k

The Secretary of Commerce is authorized to conduct hydrographic and
topographic surveys, tide and current observations, geodetic-control
surveys, field surveys for aeronautical charts, and geomagnetic,
seismological, gravity, and related geophysical measurements to provide
nautical and aeronautical charts and other information for safe marine
and air navigation. Also, these charts and information have commercial
and industrial uses and fulfill engineering and scientific purposes.
This information is collected, assimilated, and distributed by the
National Oceanic and Atmospheric Administration under its authority in
the Act.

**[Inland Navigational Rules]{.underline}**, as amended, 33 U.S.C. §§
2001-2073

The Inland Navigational Rules provides regulations that govern ship
navigation for vessels upon the inland waters of the United States, and
to U.S. vessels on the Canadian waters of the Great Lakes to the extent
there is no conflict with Canadian law.

**[International Regulations for Preventing Collisions at
Sea]{.underline}**, as amended, (72 COLREGS), 33 U.S.C. §§ 1601-1608

The International Regulations for Preventing Collisions at Sea provides
binding comprehensive regulations for the prevention of collisions on
the water. The 72 COLREGS apply beyond established demarcation lines. In
the United States, the 72 COLREGS govern ship navigation on non-internal
waters. The scope of the 72 COLREGS include Steering and Sailing Rules,
e.g., conduct of vessels in sight of one another, conduct of vessels in
restricted visibility; Lights and Shapes, and Sound and Light Signals.
The statute also contains special provisions for ships of war, vessels
proceeding under convoy, and fishing vessels engaged in fishing as a
fleet. Civil penalties may be assessed for violations of the 72 COLREGS.

**[Wreck Act]{.underline}**, as amended, 33 U.S.C. § 409
[et]{.underline} [seq.]{.underline}

The Act prohibits the anchoring or tying of vessels or other craft in
navigable waters in a manner that prevents or obstructs passage of other
vessels or craft. Also, the Act places a duty on an owner, lessee or
operator of a vessel, raft or other craft that has sunk in a navigable
channel to mark the wreck with a buoy or beacon and to maintain such
marker until the wreck is removed or abandoned. The owner, lessee, or
operator has the duty to commence the immediate removal of the wreck.

III. VESSELS, CARGO, PASSENGERS

**[Title 46 United States Code]{.underline}**

Title 46 of the United States Code is integral to maritime
transportation as it comprehensively addresses shipping. Title 46 is
broken down into three general subtitles:

\(I\) General; (II) Vessels and Seamen; and (III) Maritime Liability.
Subtitle II contains laws governing vessels, cargo and passengers
including, for example, laws pertaining to design and construction of
vessels, vessel manning and pilotage, and carriage of cargo or
passengers.

**Subtitle II - Vessels and Seamen** (Chapter 21 through Chapter 147)

**[Part A---General Provisions]{.underline}** (Chapters 21 and 23)

Part A provides general and limited definitions applicable to sections
within Subtitle II; provides the basic authority and responsibility for
enforcement and administration of the subtitle. Secretary is defined as
the "head of the department in which the U.S. Coast Guard (USCG) is
operating"; presently the Secretary of Transportation. The Secretary has
general superintendence authority over the U.S. merchant marine and its
personnel (section 2103). Chapter 21 provides authority for the
Secretary to delegate to the USCG the duties and powers conferred by
subtitle II (section 2104). The chapter also provides that when a vessel
in liable *in rem*, the vessel may be libeled and proceeded against in
the U.S. district court where the vessel is found (section 2106). Civil
penalty procedures are provided in sections 2107-2108. Section 2109
expressly exempts that application of subtitle II to a public vessel of
the United States although it does apply to Department of Transportation
vessels, except USCG and Saint Lawrence Seaway Development Corporation
vessels. Section 2110 authorizes fees for services or other things
provided by the Secretary under the subtitle, with procedures therefor
and limitations thereon. Section 2113 provides authority for the
Secretary to exempt certain vessels from the application of provisions
of subtitle II. Section 2114 provides protection for any seaman who
reports a violation of the subtitle.

Chapter 23 (Operation of Vessels Generally; sections 2301-2306) provides
for penalties and injunctive relief for negligent operation of vessels
(section 2302, 2305); duties related to marine casualty assistance and
information and providing assistance at sea (section 2303-2304); and
vessel reporting requirements (section 2306).

**[Part B - Inspection and Regulation of Vessels]{.underline}**
(Chapters 31 through 47)

Part B provides authority and responsibility for the inspection and
regulation of vessels by the U.S. Coast Guard. Part B specifies vessels
subject to inspection and inspection procedures, as well as vessels
exempt from inspection.

Chapter 31 (General; sections 3101-3102) provides authority for the
President to suspend inspection requirements for foreign flag vessels
registered in the United States. It also provided for immersion suits.

Chapter 32 (Management of Vessels; sections 3201-3205) requires the
Secretary to prescribe regulations which establish a safety management
system addressing, for example, safety and environmental protection, and
procedures for safe operation of vessels in compliance with U.S. and
international law, for responsible vessels and persons subject to the
chapter. The Secretary shall issue Safety Management Certificates and a
Document of Compliance to requesters complying with safety management
plans.

Chapter 33 (Inspections Generally; sections 3301-3318) provides the
requirements and procedures for inspection of vessels. Vessels subject
to inspection include freight vessels, nautical school vessels,
passenger vessels, seagoing barges, and tank vessels. Vessels exempt
from inspection in certain circumstances include fishing vessels and
certain fish processing vessels (sections 3301-3302). Reciprocity for
foreign vessels is provided in section 3303. The Secretary is directed
to issue regulations for proper execution of Part B. Certificates of
inspection are issued to vessels successfully meeting inspection
requirements and are required to be on board the vessel to operate;
compliance with certificates of inspection is required (sections
3309-3314). Penalties may be assessed for violation of Part B (section
3318).

Chapter 35 (Carriage of Passengers; sections 3501-3506) governs the
carriage of passengers. Certificates of inspection shall include the
number of passengers a vessel is authorized to carry and liability may
result for exceeding that number (section 3501). Persons in charge of
specified vessels must keep a correct list of passengers, including a
correct count (section 3502). Persons selling passage to a ship with
accommodations of 50 or more passengers must notify prospective
passengers of the vessels safety standards; violations are subject to
civil penalties (section 3504). Foreign vessels are prohibited from
departing a U.S. port with passengers who embarked at that port if the
Secretary finds that the vessel does not comply with the standards in
the International Convention for the Safety of Life at Sea (SOLAS)
(section 3505).

Chapter 37 (Carriage of Liquid Bulk Dangerous Cargoes; sections
3701-3718) governs the carriage of liquid bulk dangerous cargoes such as
oil or hazardous materials. The chapter applies to any tank vessel
operating in U.S. navigable waters or transferring oil or hazardous
materials in any port subject to U.S. jurisdiction, with exemptions for
certain vessels (section 3702). The Secretary is required to issue
regulations for the design, construction, alteration, repair,
maintenance, operation, equipping, personnel qualification, and manning
of vessels subject to the chapter, necessary to protect life and
property, for navigation and vessel safety, and protection of the marine
environment (section 3703; regulations are found in 33 CFR and 46 CFR).
Minimum standards for tank vessel construction are provided (section
3703a); requirements for coastwise trade vessels (section 3704); as well
as minimum standards for crude oil tankers, product carriers, tankers,
and self-propelled tank vessels, with certain exemption as authorized by
the Secretary (sections 3705-3709). The Secretary is directed to
establish a marine safety information system to contain information
about vessels subject to the chapter (section 3717). Civil or criminal
penalties may be assessed for violations of the chapter, including
revocation of Customs Service clearance (section 3718).

Chapter 39 (Carriage of Animals; sections 3901-3902) provides authority
for the Secretary of Agriculture to prescribe regulations governing the
accommodations for the export of animals, and provides for penalties for
violations of such regulations.

Chapter 41 (Uninspected Vessels Generally; sections 4101-4106) applies
to vessels not subject to inspection and certification requirements of
chapter 33. Such vessels must comply with certain minimum safety
requirements (section 4102). Uninspected passenger vessels are subject
to the requirements of chapter 43 pertaining to recreational vessels
(section 4105).

Chapter 43 (Recreational Vessels; sections 4301-4311) contains the laws
applicable to recreational vessels. The Secretary is authorized to issue
regulations establishing, for example, minimum safety and equipment
standards (section 4302; regulations are found in 19 CFR, 33 CFR, 46
CFR). The chapter expressly preempts state law establishment of a
recreational vessel or associated equipment performance or other safety
standard that is not identical to a regulations under section 4302
(section 4306). Persons are prohibited from manufacturing, constructing,
offering for sale or introducing into interstate commerce, or import
into the United States a recreational vessel, associated equipment, or
component thereof unless it conforms with the chapter and regulations
thereunder, does not contain an identified defect creating a substantial
risk of personal injury to the public, or is intended only for export
and is so labeled. Nor may a person operated a vessel in violation of
the chapter or regulations thereunder (section 4307). Recreational
vessel manufacturers subject to the chapter must maintain record and
reports and provide information to the Secretary to enable the Secretary
to identify whether the manufacturer has acted in compliance with the
chapter or regulations thereunder (section 4309). Recreational vessel
and associated equipment manufacturers must provide notification of a
defect or failure of compliance if discovered (section 4310). Criminal
and civil penalties, including injunction, for violations of the chapter
(section 4311).

Chapter 45 (Uninspected Commercial Fishing Industry Vessels; sections
4501-4508) provides requirements, standards and procedures applicable to
uninspected fishing vessels, fish processing vessels, or fish tender
vessels. The chapter also directed the Secretary to establish a
Commercial Fishing Industry Vessel Advisory Committee.

**[Part C - Load Lines of Vessels]{.underline}** (Chapter 51)

Chapter 51 (Load Lines; sections 5101-5116) provides for the assignment
of load lines and issuance of load line certificates to vessels. The
chapter also requires certain classes of vessels (e.g., vessels of the
U.S., vessels on the navigable waters of the U.S., public vessels of the
U.S. (except vessels of war)) to be marked with load lines. A vessel may
be operated only if it has been assigned load lines (section 5103). The
chapter provides reciprocity for foreign vessels under certain
conditions (section 5109). A vessel may not be loaded in a way that
submerges the assigned load line or the place at which the load line is
required to be marked on the vessel (section 5112). The Secretary is
authorized to detain a vessel from leaving a place in the United States
in violation of the chapter or regulations thereunder (section 5113),
and may, with the approval of the Secretary of the Treasury, use a
Customs Service officer to enforce the chapter (section 5114). Civil and
criminal penalties may be assessed for violations of the chapter
(section 5116).

**[Part D - Marine Casualties]{.underline}** (Chapters 61 and 63)

Chapters 61 (Reporting Marine Casualties; sections 6101-6104) and 63
(Investigating Marine Casualties; sections 6301-6307) govern procedures
and requirements for reporting and investigating marine casualties.
Chapter 61 provides for reporting of marine casualties (e.g., death or
serious injury, material loss of property, significant harm to the
environment). Penalties may be assessed for failure to report a marine
casualty (section 6103). The Secretary is directed to issue regulations
for a uniform state marine casualty report system for vessels (section
6102). Chapter 63 directs the Secretary to issue regulations for the
immediate investigation of marine casualties. Marine casualty
regulations are found 46 CFR.

**[Part E - Merchant Seamen Licenses, Certificates, and
Documents]{.underline}** (Chapters 71-77)

Part E established the U.S. Coast Guard's authority to issue, suspend
and revoke licenses, certificates of registry, and merchant mariner's
documents for individuals engaged on U.S. vessels. Chapter 71 (sections
7101- 7114) governs licenses and certificates of registry; chapter 73
(sections 7301- 7319) governs merchant mariners' documents; chapter 75
(7501-7506) provides general procedures for licensing, certification,
and documentation; and chapter 77 (7701-7705) provides procedures for
suspension and revocation.

**[Part F - Manning of Vessels]{.underline}** (Chapters 81-93)

Part F provides the requirements for manning of vessels, including the
number of individuals required, qualifications and conditions of
employment, and duties for: masters and officers (chapter 83); pilots
(chapter 85); unlicensed personnel (chapter 87); small vessels (chapter
89); tank vessels (chapter 91); and Great Lakes pilotage (chapter 93).

**[Part G - Merchant Seamen Protection and Relief]{.underline}**
(Chapters 101-115)

Part G contains provisions for the protection and relief of merchant
seamen. Part G generally does not apply to fishing vessels, whaling
vessels or yachts. Chapter 103 requires certain contractual arrangements
between charterers, masters, or individuals in charge and seamen
employed on the vessel, with certain minimum conditions. The chapter
applies to U.S. vessels on a voyage between a U.S. port and a foreign
port (excluding Canada, Mexico, or the West Indies); or U.S. vessels of
at least 75 gross tons on a voyage between a U.S. port on the Atlantic
ocean and a U.S. port on the Pacific (chapter 103). Chapter 105
addresses coastwise voyages; chapter 106 addresses fishing voyages.
Chapter 107 provides procedures for when a seaman dies during a voyage,
and chapter 109 provides procedures for when a vessel is suspected to be
unseaworthy. Logbooks are required to be kept by the master of a vessel
(chapter 113), and chapter 115 provides for penalties for specified
offenses.

**[Part H - Identification of Vessels]{.underline}** (Chapters 121-125)

Part H provides the procedures for documentation of vessels of five net
tons or greater not registered under the laws of a foreign country if
certain ownership conditions are met. Under chapter 121, the Secretary
issues certificates of documentation. A vessel titled in the U.S. is not
entitled to be documented. The effect of documentation is that it is
conclusive evidence of nationality for international purposes, although
not in proceedings conducted under U.S. law. Documentation is also
conclusive evidence of qualification to be employed in a specific trade
(excepting recreational endorsement). Documentation is not conclusive
evidence of ownership in a proceeding where ownership is at issue.
Chapter 121 also provides that certificates of documentation can be
endorsed with a registry, coastwise, Great Lakes, fishery, or
recreational endorsements, which allow the vessel to be employed in
certain types of activities (e.g., foreign trade, coastwise trade).
Chapter 121 provides procedures for surrender or invalidation of
certificates of documentation. The Secretary and the Secretary of State,
jointly, may provide for the issuance of certificates of registry for
vessels procured outside the United States meeting the ownership
requirements chapter. The Secretary is required to publish a list of all
documented vessels. Civil penalties may be assessed for violation of
chapter 121; as well as forfeiture of the vessels. Chapter 123 provides
requirements and procedures for numbering of undocumented vessels. The
Secretary is directed to prescribe a standard numbering system, and to
approve state applications for state numbering systems. Chapter 125
provides the establishment of a vessel identification system for all
U.S. vessels.

**Part I - State Boating Safety Programs** (Chapter 131)

Part I establishes a recreational boating and safety program
administered by the U.S. Coast Guard, the purpose of which is to
encourage states participation and uniformity in boating safety efforts.
States with recreational boating safety programs approved by the
Secretary are eligible for federal funding.

**Part J - Measurement of Vessels** (Chapters 141-145)

Part J contains procedures applicable to the measurement of a vessel to
determine its tonnage and for obtaining an International Tonnage
Certificate. Part J implements the 1969 International Convention on
Tonnage Measurement of Ships

**[Harter Act]{.underline}**, 46 App. U.S.C. §§ 190-195

The Act requires owners, masters or agents of any vessel transporting
merchandise or property from or between U.S. ports and foreign ports to
issue to shippers a bill of lading, or shipping document, stating, among
other things, the number of packages, or quantity, condition of
merchandise, and weight. Such document shall be prima facie evidence of
receipt of the merchandise. It allows vessel owners limitation of
liability for losses resulting from errors in navigation, dangers of sea
and acts of God. Similar to the Carriage of Goods by Sea Act, except
that the Harter Act: does not allow for relieve the owner for errors in
navigation if there was failure to exercise due diligence to provide a
seaworthy vessel; has no statute of limitations; and does not provide a
limit of liability for loss or damage of cargo.

**[Carriage of Goods by Sea Act]{.underline}**, 46 App. U.S.C. §§
1300-1315

The Carriage of Goods by Sea Act governs every bill of lading or similar
document of title which is evidence of a contract for the carriage of
goods by sea to or from U.S. ports, in foreign trade. Provides for the
duties and rights of carrier. The Act provides for the responsibilities
and liabilities of the carrier and ship regarding, for example,
seaworthiness, cargo and contents of a bill, as well as rights and
immunities of the carrier and ship.

IV\. COMMERCE

**[Interstate Commerce Act]{.underline}**, as amended, (ICA), 49 U.S.C.
§§ 10101 [et]{.underline} [seq]{.underline}.

The ICA provides for the regulation of rates and services of competing
interstate carriers. Part B (chapters 131-149) addresses water carriers,
defined as a person providing water transportation for compensation
(section 13102(22)). The transportation policy of part B is to "ensure
the development, coordination, and preservation of a transportation
system that meets the transportation needs of the United States." In
overseeing the modes of transportation, the United States will, among
other things, recognize and preserve the inherent advantage of each mode
of transportation; promote safe, adequate, economical, and efficient
transportation; encourage the establishment and maintenance of
reasonable rates for transportation, without unreasonable discrimination
or unfair or destructive competitive practices; and in overseeing
transportation by water carrier, to encourage and promote service and
price competition in the noncontiguous domestic trade (section 13101).
The Secretary and the Surface Transportation Board (formerly the
Interstate Commerce Commission) have jurisdiction over transportation by
water carrier section 13521). Amendments to the ICA repealed provisions
of the Shipping Act of 1916, and Intercostal Shipping Act.

**[Intermodal Surface Transportation Efficiency Act of
1991]{.underline}**, P.L. 102-240.

The purpose of the Act is to develop a national surface transportation
system that is economically efficient and environmentally sound,
provides the foundation for a global economy, will move people and goods
in an energy efficient manner. The Act provides that the system will
consist of all forms of transportation in a unified, interconnected
manner, including transportation systems of the future, to reduce energy
and air pollution while promoting economic development and supporting
the national preeminent position in interstate commerce.

**[Merchant Marine Acts]{.underline}**

Merchant Marine Act of 1920, 46 App. U.S.C. §§ 861 [et]{.underline}
[seq]{.underline}.

Merchant Marine Act of 1928, 46 App. U.S.C. § 891

Merchant Marine Act of 1936, 56 App. U.S.C. §§ 1101 [et]{.underline}
[seq]{.underline}.

The Merchant Marine Acts sought to promote the continued development of
the American Merchant Marine. The purpose as stated in the Act of 1920
is that it is necessary for the national defense and proper growth of
foreign and domestic commerce that the United States shall have a
merchant marine of the best equipped and most suitable types of vessels
sufficient to carry the greater portion of its commerce and serve as a
naval or military auxiliary in time of war or national emergency,
ultimately to be owned by U.S. citizens (section 861). The Act of 1928
provided the Secretary of Transportation authority to remodel and
improve the fleet. The Act of 1936 sought to foster continued
development and maintenance of the merchant marine. The Act also
prevents unjust discrimination by carriers.

**[Shipping Acts]{.underline}**

Shipping Act of 1916, 46 App. U.S.C. §§ 801 [et]{.underline}
[seq]{.underline}.

Shipping Act of 1984, 46 App. U.S.C. §§ 1701-1720

The Shipping Acts are intended to establish a non-discriminatory
regulatory process for the common carriage of goods by water in the
commerce of the United States. The Shipping Acts were modeled on the
Interstate Commerce Act. The Act of 1916 governs transportation by water
of passengers and property on the high seas or Great Lakes between
states, territories, districts or possessions. Carriers are required to
establish and file "joint and reasonable rates" with the Federal
Maritime Commission. The Act of 1984 governs foreign commerce (repealing
provisions of the Act of 1916 re: foreign commerce), and has as its
purposes: to establish a non-discriminatory regulatory process for the
common carriage of goods by water in foreign commerce of the United
States; to provide efficient and economic transportation system in the
ocean commerce of the United States, that is responsive and in harmony
to international shipping practices; and to encourage development of an
economically sound and efficient U.S. flag liner fleet capable of
meeting national security needs. The Act allows ocean carriers the right
to establish intermodal or through rates in agreements that must be
filed with the Federal Maritime Commission.

V. LIABILITY

**[Admiralty Extension Act (AEA)]{.underline}**, 46 U.S.C. § 740

The AEA (or Extension of Admiralty Jurisdiction Act) expressly defines
the scope of admiralty and maritime jurisdiction of the United States.
Such jurisdiction included all cases of damage or injury to person or
property, caused by a vessel on navigable water, notwithstanding that
such damage or injury be done or consummated on land. Suits under the
AEA may be brought *in rem* or *in personam*. However, the AEA provides
that any suit brought against the U.S. Public Vessels Act, or Suits in
Admiralty Act shall constitute the exclusive remedy, for all suits not
otherwise filed under the Federal Torts Claim Act. The AEA was enacted
to eliminate the confusion over the lines between land and water, e.g.,
those cases where persons or property on land was damaged by ships.

**[Death on the High Seas Act]{.underline}**, as amended, (DHSA), 46
U.S.C. § 761

For deaths caused as a result of wrongful act, neglect, or default
occurring on the high seas beyond a marine league from shore, the
personal representative of the decedent may bring a suit for damages in
U.S. District Court, in admiralty, for the exclusive benefit of
decedent's wife, husband, parent, child, or dependent relative. Suits
under the DSHA may be brought against the vessel, person, or corporation
which would have been liable if death had not ensued. The statute of
limitations for suits brought under the DHSA is 3 years. Contributory
negligence of the decedent does not bar recovery, although damages may
be reduced accordingly. Further, the DHSA expressly ensures state
remedies will not be affected, nor does the DHSA apply to the Great
Lakes, any waters within the territorial limits of any state, or any
navigable waters in the Panama Canal Zone.

**[Jones Act]{.underline}**, 46 App. U.S.C. § 688

The Jones Act provides that any seaman who suffers personal injury in
the course of his employment may, maintain an action for damages, with
the right of trial by jury. In the case of death of a seaman, the
personal representative may maintain such action.

**[Limitation of Shipowner Liability Act]{.underline}**, 46 App. U.S.C.
§§ 181-185

The Limitation of Shipowner Liability Act provides procedures for the
limitation of liability for vessel owners. The Act provides a procedure
in admiralty whereby a vessel owner may petition a U.S. district court
for limitation of liability. Liability for losses may be limited to the
value of the owner's vessels and freight.

**[Longshore and Harbor Workers Compensation Act]{.underline}**, 33
U.S.C. §§ 901 [et]{.underline} [seq]{.underline}.

The Longshore and Harbor Workers Compensation Act provides a
comprehensive worker's compensation scheme for certain maritime workers
who do not qualify as seamen.

**[Public Vessel Act]{.underline}**, as amended, (PVA), 46 U.S.C. §§
781-790

The PVA provides authority for bringing an admiralty cause of action
against the United States for damages caused by U.S. public vessels.
Thus, the PVA waives sovereign immunity by the U.S. in cases involving
public vessels. Public vessel is not defined in the PVA, but case law
provides direction. The PVA contains provisions for the venue of suits
brought thereunder, counterclaims, suits by nationals of foreign
governments, and exemptions and limitations of liability. The PVA also
expressly provides it shall not be construed to recognize the existence
of or as creating a lien against any U.S. public vessel.

**[Suits in Admiralty Act]{.underline}**, as amended (SAA), 46 U.S.C. §§
741-752

The SAA provides the authority to bring admiralty suits against the
United States. Such suits may be brought *in personam*, and no U.S.
vessel or cargo may be seized under the SAA. If a suit is brought under
the SAA, it is the exclusive remedy available to a claimant. The SAA
provides a statute of limitations (2 years) after the cause of action
arises. The United States is entitled to all exemptions and all
limitations of liability accorded by law to owners, charterers,
operators or agents of vessels. The SAA also provides procedures in the
event a vessel within the scope of the SAA is seized by foreign
jurisdictions. The SAA authorizes arbitration, compromise, or settlement
of claims. The SAA also provides that a crew of a U.S. vessel may
recover compensation for salvage services. Finally, any money recovered
by a suit brought by the United States shall be deposited in the U.S.
Treasury to the credit of the department having control of the vessel or
cargo with respect to such cause of action.

**[Title 46, U.S.C., SUBTITLE III---Maritime Liability]{.underline}**

Subtitle III (chapters 301 and 313) of title 46 contains provisions
related to commercial instruments and liens and public vessels and
goods. Chapter 301 provides general terms and definitions. Chapter 313
governs commercial instruments (subchapter II) and maritime liens
(subchapter III).

IV\. ENVIRONMENTAL

**[Act to Prevent Pollution from Ships]{.underline}**, as amended,
(APPS), 33 U.S.C. §§ 1901 [et]{.underline} [seq.]{.underline}

The APPS is the federal legislation implementing the International
Convention for the Prevention of Pollution from Ships, as modified by a
Protocol of 1978 (MARPOL).

a\. Oil and Noxious Liquid Substances.

The Act to Prevent Pollution from Ships as originally enacted
implemented Protocols I and II, and Annexes I and II, of the
International Convention for the Prevention of Pollution from Ships,
1973, as modified by the Protocol of 1978 (MARPOL). Annex I of MARPOL
establishes requirements to prevent the discharge of oil except in
accordance with specific conditions. Annex II provisions cover the
discharge of noxious liquid substances.

APPS applies to all U.S. flag ships anywhere in the world and to all
foreign flag vessels operating in the navigable waters of the United
States or while at a port or terminal under the jurisdiction of the
United States. The oil and noxious liquid substances provisions apply
only to seagoing ships. The regulations implementing Annex I and Annex
II of MARPOL limit discharges of oil and noxious substances, establish
report requirements for discharges, and establish specific requirements
for monitoring equipment and record keeping aboard vessels. In
particular, the regulations require that vessels covered by APPS and
MARPOL keep Oil Record Books in which all discharges, disposal and
transfers of oil are kept.

b\. Garbage and Plastics.

APPS was amended by the Marine Plastic Pollution Research and Control
Act of 1987, which implemented the provisions of Annex V of MARPOL
relating to garbage and plastics. Annex V of MARPOL and the regulations
implementing it apply to all vessels, whether seagoing or not,
regardless of flag on the navigable waters of the United States and in
the exclusive economic zone of the United States. It applies to U.S.
flag vessels wherever they are located.

Under the regulations implementing APPS, the discharge of plastics,
including synthetic ropes, fishing nets, plastic bags and biodegradable
plastics, into the water is prohibited. Discharge of floating dunnage,
lining and packing materials is prohibited in the navigable waters and
in areas offshore less than 25 nautical miles from the nearest land.
Food waste or paper, rags, glass, metal, bottles, crockery and similar
refuse cannot be discharges in the navigable waters or in waters
offshore inside 12 nautical miles from the nearest land. Finally, food
waste, paper, rags, glass, and similar refuse cannot be discharged in
the navigable waters or in waters offshore inside three nautical miles
from the nearest land. There are some exceptions for emergencies. Under
APPS, the definition of ship includes fixed or floating platforms. There
are separate garbage discharge provisions applicable to these units. For
these platforms, and for any ship within 500 meters of these platforms,
disposal of all types of garbage is prohibited. Additionally, all
manned, oceangoing U.S. flag vessels of 12.2 meters or more in length
engaged in commerce, and all manned fixed or floating platforms subject
to the jurisdiction of the United States, are required to keep records
of garbage discharges and disposals.

**[Clean Air Act, as amended (CAA)]{.underline}**, 42 U.S.C. §§ 7401
[et]{.underline} [seq.]{.underline}

The CAA establishes national guidelines and ambient air quality
standards to protect and enhance the quality of the Nation's air
resources. The Environmental Protection Agency (EPA) is responsible for
implementing the CAA. The EPA determines the appropriate level of
technology and emission reduction required in order to achieve improved
air quality. Prevention of Significant Deterioration (PSD) provisions of
the CAA apply to new sources on the Outer Continental Shelf (OCS)
adversely affecting air quality; these regulations supplement air
quality regulations administered by the Department of the Interior in
its activities related to the OCS.

The CAA required the EPA, in consultation with the Department of
Transportation, to issue standards applicable to the emission of VOCs
and other air pollutants from loading and unloading of tank vessels
which the EPA finds causes, or contributes to, air pollution that may be
reasonably anticipated to endanger public health or welfare.

The CAA establishes a great waters program, which looks specifically at
the impacts of air deposition or nutrients and toxics in coastal waters.

**[Clean Vessel Act of 1992]{.underline}**, subtitle F, §§ 5601 to 5608,
of Title V of Pub. L. 102-587, amending 16 U.S.C. §§ 777c and 777g and
enacting 33 U.S.C. §1322 note

The purpose of the Clean Vessel Act is to provide funds to states for
the construction, renovation, operation and maintenance of pumpout
stations and waste reception facilities. The Act requires the Department
of the Interior (DOI) to issue guidance on what constitutes adequate and
reasonably available pumpout facilities and waste reception facilities.
Each coastal state is then to conduct a survey to determine the number
and location of such stations and facilities and the number of
recreational vessels in its coastal waters with toilets and develop and
submit to the DOI for approval a plan for any construction or renovation
necessary to ensure that there are adequate and reasonably available
stations and facilities.

**[Comprehensive Environmental Response, Compensation, and Liability Act
of 1980]{.underline}**, as amended, (CERCLA), 42 U.S.C. §§ 9601
[et]{.underline} [seq]{.underline}.

Hazardous substances that are toxic to living organisms result from
industrial processes and are released into the environment either
intentionally or by accident. CERCLA is designed to respond to these
releases and protect public health and environmental quality including
natural resources.

CERCLA provides for the following three possible actions to protect the
public and the environment from the harmful effects of a hazardous
substance spill. Any combination of these three may be used at a
particular spill.

1\) Removal---CERCLA authorizes the Environmental Protection Agency
(EPA) to clean up the spilled substance either at the expense of the
responsible party or with funds from the Superfund. CERCLA § 104(a)(1).

2\) Remedial action---CERCLA authorizes EPA to take steps to protect
public health and the environment from exposure to the hazardous
substance. Example of steps: dredging contaminated sediments, repairing
leaking containers, collecting rain water runoff and relocating
displaced residents. CERCLA § 104(a)(1).

3\) Damages for natural resource injuries---When the removal and or
remedial action will not remedy all injuries to natural resources,
CERCLA authorizes the trustees for natural resources, to seek damages
from responsible parties to restore or replace natural resources injured
by exposure to hazardous substances beyond the scope of EPA's removal
and remedial action. CERCLA

§§ 107(a)(4)(C) and 107(f).

**[Federal Water Pollution Control Act]{.underline}**, as amended, also
called the **[Clean Water Act]{.underline}**, as amended, 33 U.S.C. §§
1251 [et]{.underline} [seq.]{.underline}

The CWA establishes the basic scheme for restoring and maintaining the
chemical, physical, and biological integrity of the waters of the United
States. The primary mechanism in the CWA regulating the point source
discharge of pollutants is the National Pollutant Discharge Elimination
System (NPDES), which is administered by the Environmental Protection
Agency (EPA). Under the NPDES program, a permit is required from EPA or
an authorized state for the discharge of any pollutant from a point
source into the waters of the United States. This includes discharges
associated with oil and gas development on federal leases beyond state
waters. An NPDES permit for certain stormwater discharges also is
required. Permit discharge limits are technology-based and, where
technology-based limits would not protect desired water quality for a
particular water body in which the discharge takes place, based on state
water quality standards which are developed by the states using EPA
guidance and are intended to protect the designated uses of the water
body. In the case of discharges to the territorial sea or beyond,
permits are also subject to the ocean discharge criteria developed under
section 403 of the act. Permits for discharges into the territorial sea
or internal waters may be issued by states following approval of their
permit program by EPA; in the absence of an approved state permit
program, and for discharges beyond the territorial sea, EPA is the
permit-issuing authority.

The CWA was amended in 1987 to include the current nonpoint source (NPS)
program. Under this program (section 319), states must develop
management programs to address NPS runoff, including the identification
of best management practices and measures. In addition, section 319
authorizes grants to assist the states in implementing their approved
management programs.

The CWA generally prohibits discharges of oil and hazardous substances
into coastal or ocean waters except where permitted under the Protocol
of 1978 Relating to the International Convention for the Prevention of
Pollution from Ships. The U.S. Coast Guard (USCG) investigates and
responds to discharges of oil and hazardous substances into coastal or
ocean waters in accordance with the National Contingency Plan (NCP). The
USCG, with the cooperation of EPA, generally administers the NCP when
oil or a hazardous substance is discharged into coastal or ocean waters.
Regional contingency plans and area contingency plans are developed to
implement the NCP.

The CWA (section 312) requires vessels with installed toilet facilities
and operating on the navigable waters of the U.S. to contain operable
marine sanitation devices certified as meeting standards and regulations
promulgated under section 312. Section 312 also allows establishment of
zones where discharge of sewage from vessels is completely prohibited.
Amendments made to section 312 in 1996 will require, where appropriate,
the use of marine pollution control devices for operational, non-sewage,
discharges from vessels of the Armed Forces.

Publicly owned sewage treatment facilities must, at a minimum, meet
effluent reductions by secondary treatment, except for certain
facilities discharging to coastal waters for which EPA has approved a
waiver under section 301(h).

The Army Corps of Engineers (COE) implements the section 404 permit
program. Under section 404, a permit is required for the discharge of
dredged or fill materials into the waters of the U.S. that lie inside of
the baseline for the territorial seas and fill materials into the
territorial seas within three miles of shore. Although COE has
responsibility for the section 404 program, EPA is authorized to review
and comment on the impact of proposed dredge and fill activities and to
prohibit discharges that would have an unacceptable impact on municipal
water supplies, shellfish beds and fishery areas, wildlife and
recreational areas. EPA, in consultation with COE, is charged with
developing guidelines to be used in evaluating discharges subject to
section 404. ([See]{.underline} 40 C..F.R. Part 230.) The section 404
permit requirement is the cornerstone for the current wetlands
regulatory program. If COE or EPA determines that a certain property is
a jurisdictional wetlands, no one can discharge dredged or fill
materials into it without a section 404 permit. COE and EPA also have
cooperative agreements with the Natural Resources Conservation Service
and rely on its determinations as to the presence of wetlands on
agricultural lands.

Section 320 of the CWA establishes the National Estuary Program, which
uses a consensus-based approach for protecting and restoring the
estuary. There are currently 28 NEPs.

**[Florida Keys National Marine Sanctuary Act (FKNMSA)]{.underline}**,
P.L. 101-605

On November 16, 1990, Congress designated an area of the marine
environment surrounding the Florida Keys as a National Marine Sanctuary
in order to protect its unique, nationally significant natural resources
including seagrass meadows, mangrove islands, and coral reefs. The
FKNMSA expressly prohibits operating a tank vessel or a vessel greater
than 50 meters in registered length in designated Areas to be Avoided,
except if such vessel is a public vessel and its operation is essential
for national defense, law enforcement, or responses to emergencies that
threaten life, property, or the environment.

**[Hazardous Materials Transportation Act]{.underline}**, 49 U.S.C. §§
1801-1813

Authorizes the Secretary of Commerce to regulate the transportation of
hazardous materials within the jurisdiction of the United States,
including the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa and Guam.

**[National Marine Sanctuaries Act (NMSA)]{.underline}**, 16 U.S.C.
§§1431 [et]{.underline} [seq.]{.underline}

The NMSA provides the Secretary of Commerce with the authority to
designate and manage nationally significant marine areas as national
marine sanctuaries. The NMSA's stated purposes and policies include
comprehensive and coordinated conservation and management; enhancing
public awareness, understanding, appreciation and wise use of the marine
environment; and facilitating, to the extent compatible with the primary
objective of resource protection, all public and private uses of
resources not prohibited pursuant to other authorities.

Among the factors the Secretary must consider in determining whether an
area merits designation as a national marine sanctuary are present and
potential uses of the area that depend on maintenance of the area's
resources, including commercial and recreational fishing, other
commercial and recreational activities, and research and education; the
public benefits to be derived from sanctuary status, with emphasis on
the benefits of long-term protection of nationally significant
resources, vital habitats, and resources which generate tourism.

The NMSA prohibits the destruction, loss of, or injury to any sanctuary
resource managed under the laws or regulations for the sanctuary; the
possession, delivery, sale, transport, or shipment of any sanctuary
resource taken in violation of the NMSA; interference with law
enforcement under the Act; and any violation of the Act, any
regulations, or permits issued pursuant to the NMSA. NOAA has the
authority to board and search any vessel suspected of violating the NMSA
and to execute warrants issued by a court of competent jurisdiction. Any
person who destroys, causes the loss of, or injures a sanctuary resource
can be found liable for a maximum fine of \$100,000 per violation;
response costs; damages including replacement cost, restoration cost, or
acquisition of an equivalent sanctuary resource, and lost-use value of
that resource; and interest.

Sanctuaries have site specific regulations which include a narrow range
of prohibited activities, including for example, those that pertain to
discharges, alteration of the seabed, and vessel operations.

**[Ocean Dumping Act]{.underline}** (Titles I and II of the Marine
Protection, Research, and Sanctuaries Act of 1972), 33 U.S.C. §§ 1401
[et]{.underline} [seq.]{.underline}

The Act provides the basic authority for the Environmental Protection
Agency (EPA) and the Corps of Engineers to regulate ocean dumping (Title
I) and for the Department of Commerce, through the National Oceanic and
Atmospheric Administration, to carry out research on the effects on
ocean systems of ocean dumping and other man-induced changes (Title II).
The Act prohibits (1) the transportation of any material from the United
States; and (2) the transportation of any material by U.S. flagged
vessels and by U.S. departments, agencies, or instrumentalities, for the
purpose of dumping it into ocean waters, without a permit. The Act also
prohibits any person from dumping, without a permit, any material
transported from a location outside the United States into the U.S.
territorial seas or into the U.S. contiguous zone, to the extent it may
affect the territorial seas or the territory of the U.S. EPA may issue
permits regulating the ocean dumping of all material except dredged
material, which is permitted by the Corps of Engineers, using EPA
environmental criteria..

The ocean dumping of sewage sludge and industrial waste is prohibited.
In addition, no radiological, chemical, and biological warfare agents;
high-level radioactive waste; or medical waste. States may adopt and
enforce requirements for ocean-dumping activities that occur in their
jurisdictional waters.

Title II of the ODA requires the DOC, in coordination with the
department in which the U.S. Coast Guard is operating and EPA, to
conduct a comprehensive and continuing program of monitoring and
research on the effects of dumping of material into ocean or other
coastal waters or into the Great Lakes. The title further requires the
DOC, in close consultation with other appropriate departments, to
conduct a comprehensive and continuing program of research into the
possible long-range effects of pollution, overfishing and man-induced
changes of ocean ecosystems. The title specifies that the program must
include continuing monitoring programs to assess the health of the
marine environment, including but not limited to the monitoring of
bottom oxygen concentration contaminant levels in biota, sediments and
the water column, diseases in fish and shellfish, and changes in types
and abundance of indicator species.

**[Oil Pollution Act of 1990 (OPA)]{.underline}**, 33 U.S.C. §§ 2701
[et]{.underline} [seq.]{.underline}

OPA amends section 311 of the Federal Water Pollution Control Act (the
Clean Water Act or CWA), 33 U.S.C. 1321 [et]{.underline}
[seq]{.underline}., to clarify federal response authority, increase
penalties for spills, establish U.S. Coast Guard response organizations,
require tank vessel and facility response plans, and provide for
contingency planning in designated areas. OPA, however, does not preempt
states' rights to impose additional liability or other requirements with
respect to the discharge of oil within a state or to any removal
activities in connection with such a discharge.

OPA is a comprehensive statute designed to expand oil spill prevention,
preparedness, and response capabilities of the federal government and
industry. OPA establishes a new liability regime for oil pollution
incidents in the aquatic environment and provides the resources
necessary for the removal of discharged oil. OPA consolidates several
existing oil spill response funds into the Oil Spill Liability Trust
Fund (Trust Fund), resulting in a \$1-billion fund to be used to respond
to, and provide compensation for damages caused by, discharges of oil.
In addition, OPA provides new requirements of response planning by both
government and industry and establishes new construction, manning, and
licensing requirements for tank vessels. OPA also increases penalties
for regulatory noncompliance and broadens the response and enforcement
authorities of the federal government.

Title I of OPA contains liability provisions governing oil spills
modeled after the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA), 42 U.S.C. §§ 9601 [et]{.underline}
[seq]{.underline}., and section 311 of the CWA. Specifically, section
1002(a) of OPA provides that the responsible party for a vessel or
facility from which oil is discharged, or which poses a substantial
threat of a discharge, is liable for:

\- certain specified damages resulting from the discharged oil; and

\- removal costs incurred in a manner consistent with the National
Contingency Plan.

The scope of damages for which there may be liability under section 1002
of OPA includes:

\- natural resource damages, including the reasonable costs of assessing
these damages;

\- loss of subsistence use of natural resources;

\- real or personal property damages;

\- net loss of tax and other revenues;

\- loss of profits or earning capacity; and

\- net cost of additional public services provided during or after
removal actions.

**[Organotin Anti-Fouling Paint Control Act of 1988]{.underline}**, 33
U.S.C. §§ 2401 [et]{.underline} [seq.]{.underline}

Organotin biocides are added to paints to protect the bottom of boats
from encrusting organism buildup. Because organotin has been shown to be
toxic, it may pose unreasonable risks to marine and freshwater
organisms. The Act's purpose is to protect the aquatic environment by
reducing the quantities of organotin entering the waters of the United
States. The Environmental Protection Agency (EPA) is primarily
responsible for the administration and enforcement of this statute.

The Act generally prohibits boats less than 25 meters in length from
using anti-fouling paint containing organotin. Aluminum hulls and lower
drive shaft units of marine engines (outboard motors) are excepted from
this Act and allowed to use this paint. Penalties are available for
violations. The EPA, in consultation with the National Oceanic and
Atmospheric Administration, is directed to monitor the ecological
effects of organotin in estuaries and coastal waters for ten years
beginning in 1988.

**[Shore Protection Act of 1988]{.underline}**, 33 U.S.C. §§ 2601
[et]{.underline} [seq.]{.underline}

Municipal or commercial waste cannot be transported by a vessel in
coastal waters without a permit from the Department of Transportation.
Municipal or commercial waste includes solid waste as defined by the
Resource Conservation and Recovery Act (RCRA), but does not include
hazardous wastes regulated under RCRA, waste generated by the vessel
during normal operations, construction debris, dredged or fill material,
and sewage sludge regulated under the MPRSA. The loading, securing, and
off loading of wastes subject to the SPA must assure that any waste
deposited into the coastal waters is minimized.

**[U.S. Public Vessel Medical Waste Anti-Dumping Act of
1988]{.underline}**, 33 U.S.C. §§ 2501 [et]{.underline}
[seq.]{.underline}

This Act prohibits public vessels from discharging medical waste except
in extremely limited circumstances, because of the serious and
widespread risks to public health and to the welfare of coastal
communities. Potentially infectious medical waste may only be discharged
by a public vessel if: 1) the health or safety of individuals on board
the vessel is threatened [or]{.underline} during a time of war or
national emergency; 2) the waste is released at least 50 nautical miles
from the nearest land; [and]{.underline} 3) the waste is sterilized,
properly packaged, and sufficiently weighted to prevent it from coming
ashore.

**LIST OF ACRONYMS**

DoD Department of Defense

GDP gross domestic product

ISTEA Intermodal Surface Transportation Efficiency Act

MSB Major Shipbuilding Base

R&D research and development

TEU twenty-foot-equivalent unit

VOC volatile organic compound

U.S.C. United States Code

[^1]: Heads-up display where information is projected or appears on the
    glass window or cockpit through which the operator is looking.