I 

111TH CONGRESS 

1ST SESSION H. R. 3618 

To provide for implementation of the International Convention on the Control 

of Harmful Anti-Fouling Systems on Ships, 2001, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2009 

Mr. OBERSTAR (for himself, Mr. MICA, Mr. CUMMINGS, and Mr. LOBIONDO) 

introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure, and in addition to the Committee on 

Science and Technology, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for implementation of the International Convention on the Control of Harmful Anti-Fouling Systems 

on Ships, 2001, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Hull Act of 

5 2009’’. 

6 TITLE I—GENERAL PROVISIONS 

7 SEC. 101. DEFINITIONS. 

8 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) ANTIFOULING SYSTEM.—The term 

5 ‘‘antifouling system’’ means a coating, paint, surface 

6 treatment, surface, or device that is used or intended 

7 to be used on a vessel to control or prevent attach8 ment of unwanted organisms. 

9 (3) CONVENTION.—The term ‘‘Convention’’ 

10 means the International Convention on the Control 

11 of Harmful Anti-Fouling Systems on Ships, 2001, 

12 including its annexes, and including any amend13 ments to the Convention or annexes which have en14 tered into force for the United States. 

15 (4) FPSO.—The term ‘‘FPSO’’ means a float16 ing production, storage, or offloading unit. 

17 (5) FSU.—The term ‘‘FSU’’ means a floating 

18 storage unit. 

19 (6) GROSS TONNAGE.—The term ‘‘gross ton20 nage’’ as defined in chapter 143 of title 46, United 

21 States Code, means the gross tonnage calculated in 

22 accordance with the tonnage measurement regula23 tions contained in annex 1 to the International Con24 vention on Tonnage Measurement of Ships, 1969. 


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1 (7) INTERNATIONAL VOYAGE.—The term 

2 ‘‘international voyage’’ means a voyage by a vessel 

3 entitled to fly the flag of one country to or from a 

4 port, shipyard, offshore terminal, or other place 

5 under the jurisdiction of another country. 

6 (8) ORGANOTIN.—The term ‘‘organotin’’ means 

7 any compound or additive of tin bound to an organic 

8 ligand, that is used or intended to be used as biocide 

9 in an antifouling system. 

10 (9) PERSON.—The term ‘‘person’’ means— 

11 (A) any individual, partnership, associa12 tion, corporation, or organized group of persons 

13 whether incorporated or not; 

14 (B) any department, agency, or instrumen15 tality of the United States, except as provided 

16 in section 3(b)(2); or 

17 (C) any other government entity. 

18 (10) SECRETARY.—The term ‘‘Secretary’’ 

19 means the Secretary of the department in which the 

20 Coast Guard is operating. 

21 (11) SELL OR DISTRIBUTE.—The term ‘‘sell or 

22 distribute’’ means to distribute, sell, offer for sale, 

23 hold for distribution, hold for sale, hold for ship24 ment, ship, deliver for shipment, release for ship25 ment, import, export, hold for import, hold for exVerDate Nov 24 2008 01:46 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3618.IH H3618

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1 port, or receive and (having so received) deliver or 

2 offer to deliver. 

3 (12) VESSEL.—The term ‘‘vessel’’ has the 

4 meaning given that term in section 3 of title 1, 

5 United States Code, including hydrofoil boats, air 

6 cushion watercraft, submersibles, floating craft, 

7 fixed or floating platforms, floating storage units, 

8 and floating production, storage, and offloading 

9 units. 

10 (13) TERRITORIAL SEA.—The term ‘‘territorial 

11 sea’’ means the territorial sea as described in Presi12 dential Proclamation No. 5928 on December 27, 

13 1988. 

14 (14) UNITED STATES.—The term ‘‘United 

15 States’’ means the several States of the United 

16 States, the District of Columbia, Puerto Rico, 

17 Guam, American Samoa, the Virgin Islands, the 

18 Commonwealth of the Northern Marianas, and any 

19 other territory or possession over which the United 

20 States has jurisdiction. 

21 (15) USE.—The term ‘‘use’’ includes applica22 tion, reapplication, installation, or any other employ23 ment of an antifouling system. 


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1 SEC. 102. COVERED VESSELS. 

2 (a) INCLUDED VESSEL.—Except as provided in sub3 section (b), after the Convention enters into force for the 

4 United States, the following vessels are subject to the re5 quirements of this Act: 

6 (1) A vessel documented under chapter 121 of 

7 title 46, United States Code, or one operated under 

8 the authority of the United States, wherever located. 

9 (2) Any vessel permitted by a Federal agency to 

10 operate on the Outer Continental Shelf. 

11 (3) Any other vessel when— 

12 (A) in the internal waters of the United 

13 States; 

14 (B) in any port, shipyard, offshore ter15 minal, or other place in the United States; 

16 (C) lightering in the territorial sea; or 

17 (D) to the extent consistent with inter18 national law, anchoring in the territorial sea of 

19 the United States. 

20 (b) EXCLUDED VESSELS.— 

21 (1) IN GENERAL.—The following vessels are not 

22 subject to the requirements of this Act: 

23 (A) Any warship, naval auxiliary, or other 

24 vessel owned or operated by a foreign state, and 

25 used, for the time being, only on government 

26 noncommercial service. 


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1 (B) Except as provided in paragraph (2), 

2 any warship, naval auxiliary, or other vessel 

3 owned or operated by the United States and 

4 used for the time being only on government 

5 noncommercial service. 

6 (2) APPLICATION TO UNITED STATES GOVERN7 MENT VESSELS.— 

8 (A) IN GENERAL.—The Administrator may 

9 apply any requirement of this Act to one or 

10 more classes of vessels described in paragraph 

11 (1)(B), if the head of the Federal department 

12 or agency under which those vessels operate 

13 concurs in that application. 

14 (B) LIMITATION FOR COMBAT-RELATED

15 VESSEL.—Paragraph (1) shall not apply to 

16 combat-related vessels. 

17 SEC. 104. ADMINISTRATION AND ENFORCEMENT. 

18 (a) IN GENERAL.—Unless otherwise specified in this 

19 Act, with respect to a vessel, the Secretary shall admin20 ister and enforce the Convention and this Act. 

21 (b) ADMINISTRATOR.—Except with respect to section 

22 301 (b) and (c), the Administrator shall administer and 

23 enforce title III of this Act. 

24 (c) REGULATIONS.—The Administrator and the Sec25 retary may each prescribe and enforce regulations as may 


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1 be necessary to carry out their respective responsibilities 

2 under this Act. 

3 SEC. 105. COMPLIANCE WITH INTERNATIONAL LAW. 

4 Any action taken under this Act shall be taken in ac5 cordance with treaties to which the United States is a 

6 party and other international obligations of the United 

7 States. 

8 SEC. 106. UTILIZATION OF PERSONNEL, FACILITIES OR 

9 EQUIPMENT OF OTHER FEDERAL DEPART10 MENTS AND AGENCIES. 

11 The Secretary and the Administrator may utilize by 

12 agreement, with or without reimbursement, personnel, fa13 cilities, or equipment of other Federal departments and 

14 agencies in administering the Convention, this Act, or any 

15 regulations prescribed under this Act. 

16 TITLE II—IMPLEMENTATION OF 

17 THE CONVENTION 

18 SEC. 201. CERTIFICATES. 

19 (a) CERTIFICATE REQUIRED.—On entry into force of 

20 the Convention for the United States, any vessel of at least 

21 400 gross tons that engages in one or more international 

22 voyages (except fixed or floating platforms, FSUs, and 

23 FPSOs) shall carry an International Antifouling System 

24 Certificate. 


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1 (b) ISSUANCE OF CERTIFICATE.—On entry into force 

2 of the Convention, on a finding that a successful survey 

3 required by the Convention has been completed, a vessel 

4 of at least 400 gross tons that engages in at least one 

5 international voyage (except fixed or floating platforms, 

6 FSUs, and FPSOs) shall be issued an International 

7 Antifouling System Certificate. The Secretary may issue 

8 the Certificate required by this section. The Secretary may 

9 delegate this authority to an organization that the Sec10 retary determines is qualified to undertake that responsi11 bility. 

12 (c) MAINTENANCE OF CERTIFICATE.—The Certifi13 cate required by this section shall be maintained as re14 quired by the Secretary. 

15 (d) CERTIFICATES ISSUED BY OTHER PARTY COUN16 TRIES.—A Certificate issued by any country that is a 

17 party to the Convention has the same validity as a Certifi18 cate issued by the Secretary under this section. 

19 (e) VESSELS OF NONPARTY COUNTRIES.—Notwith20 standing subsection (a), a vessel of at least 400 gross tons, 

21 having the nationality of or entitled to fly the flag of a 

22 country that is not a party to the Convention, may dem23 onstrate compliance with this Act through other appro24 priate documentation considered acceptable by the Sec25 retary. 


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1 SEC. 202. DECLARATION. 

2 (a) REQUIREMENTS.—On entry into force of the Con3 vention for the United States, a vessel of at least 24 me4 ters in length, but less than 400 gross tons engaged on 

5 an international voyage (except fixed or floating platforms, 

6 FSUs, and FPSOs) must carry a declaration described in 

7 subsection (b) that is signed by the owner or owner’s au8 thorized agent. That declaration shall be accompanied by 

9 appropriate documentation, such as a paint receipt or a 

10 contractor invoice, or contain an appropriate endorsement. 

11 (b) CONTENT OF DECLARATION.—The declaration 

12 must contain a clear statement that the antifouling system 

13 on the vessel complies with the Convention. The Secretary 

14 may prescribe the form and other requirements of the dec15 laration. 

16 SEC. 203. OTHER COMPLIANCE DOCUMENTATION. 

17 In addition to the requirements under sections 201 

18 and 202, the Secretary may require vessels to hold other 

19 documentation considered necessary to verify compliance 

20 with this Act. 

21 SEC. 204. PROCESS FOR CONSIDERING ADDITIONAL CON22 TROLS. 

23 (a) ACTIONS BY ADMINISTRATOR.—The Adminis24 trator may— 

25 (1) participate in the technical group described 

26 in Article 7 of the Convention, and in any other 


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1 body convened pursuant to the Convention for the 

2 consideration of new or additional controls on 

3 antifouling systems; 

4 (2) evaluate any risks of adverse effects on non5 target organisms or human health presented by a 

6 given antifouling system such that the amendment 

7 of annex 1 of the Convention may be warranted; 

8 (3) undertake an assessment of relevant envi9 ronmental, technical, and economic considerations 

10 necessary to evaluate any proposals for new or addi11 tional controls of antifouling systems under the Con12 vention, including benefits in the United States and 

13 elsewhere associated with the production and use in 

14 the United States and elsewhere, of the subject 

15 antifouling system; and 

16 (4) develop recommendations based on that as17 sessment. 

18 (b) REFERRALS TO TECHNICAL GROUP.— 

19 (1) CONVENING OF SHIPPING COORDINATING

20 COMMITTEE.—On referral of any antifouling system 

21 to the technical group described in article 7 of the 

22 Convention for consideration of new or additional 

23 controls, the Secretary of State shall convene a pub24 lic meeting of the Shipping Coordinating Committee 

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1 ments regarding controls on such antifouling system. 

2 The Secretary of State shall publish advance notice 

3 of such meeting in the Federal Register and on the 

4 State Department’s Web site. The Administrator 

5 shall assemble and maintain a public docket con6 taining notices pertaining to that meeting, any com7 ments responding to those notices, the minutes of 

8 that meeting, and materials presented at that meet9 ing. 

10 (2) REPORT BY TECHNICAL GROUP.—The Ad11 ministrator shall promptly make any report by the 

12 technical group described in the Convention available 

13 to the public through the docket established pursu14 ant to subsection (b) and announce the availability 

15 of that report in the Federal Register. The Adminis16 trator shall provide an opportunity for public com17 ment on the report for a period of not less than 30 

18 days from the time the availability of the report is 

19 announced in the Federal Register. 

20 (3) CONSIDERATION OF COMMENTS.—To the 

21 extent practicable, the Administrator shall take any 

22 comments into consideration in developing rec23 ommendations under subsection (a). 


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1 SEC. 205. SCIENTIFIC AND TECHNICAL RESEARCH AND 

2 MONITORING; COMMUNICATION AND INFOR3 MATION. 

4 The Secretary, the Administrator, and the Adminis5 trator of the National Oceanic and Atmospheric Adminis6 tration may each undertake scientific and technical re7 search and monitoring pursuant to article 8 of the Con8 vention and to promote the availability of relevant infor9 mation concerning— 

10 (1) scientific and technical activities undertaken 

11 in accordance with the Convention; 

12 (2) marine scientific and technological pro13 grams and their objectives; and 

14 (3) the effects observed from any monitoring 

15 and assessment programs relating to antifouling sys16 tems. 

17 SEC. 206. COMMUNICATION AND EXCHANGE OF INFORMA18 TION. 

19 (a) IN GENERAL.—Except as provided in subsection 

20 (b), with respect to those antifouling systems regulated by 

21 the Administrator, the Administrator shall provide to any 

22 party to the Convention that requests it, relevant informa23 tion on which the decision to regulate was based, including 

24 information provided for in annex 3 to the Convention, 

25 or other information suitable for making an appropriate 

26 evaluation of the antifouling system. 


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1 (b) LIMITATION.—This section shall not be construed 

2 to authorize the provision of information the disclosure of 

3 which is otherwise prohibited by law. 

4 TITLE III—PROHIBITIONS AND 

5 ENFORCEMENT AUTHORITY 

6 SEC. 301. PROHIBITIONS. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, it is unlawful for any person— 

9 (1) to act in violation of this Act, or any regula10 tion prescribed under this Act; 

11 (2) to sell or distribute in domestic or inter12 national commerce organotin or an antifouling sys13 tem containing organotin; 

14 (3) to manufacture, process, or use organotin to 

15 formulate an antifouling system; 

16 (4) to apply an antifouling system containing 

17 organotin on any vessel to which this Act applies; or 

18 (5) after the Convention enters into force for 

19 the United States, to apply or otherwise use in a 

20 manner inconsistent with the Convention, an 

21 antifouling system on any vessel that is subject to 

22 this Act. 

23 (b) VESSEL HULLS.—Except as provided in sub24 section (c), no vessel shall bear on its hull or outer surface 

25 any antifouling system containing organotin, regardless of 


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1 when such system was applied, unless that vessel bears 

2 an overcoating which forms a barrier to organotin leaching 

3 from the underlying antifouling system. 

4 (c) LIMITATIONS.— 

5 (1) EXCEPTED VESSEL.—Subsection (b) does 

6 not apply to fixed or floating platforms, FSUs, or 

7 FPSOs that were constructed prior to January 1, 

8 2003, and that have not been in dry dock on or after 

9 that date. 

10 (2) SALE, MANUFACTURE, ETC.—This section 

11 does not apply to— 

12 (A) the sale, distribution, or use pursuant 

13 to any agreement between the Administrator 

14 and any person that results in an earlier prohi15 bition or cancellation date than specified in this 

16 Act; or 

17 (B) the manufacture, processing, formula18 tion, sale, distribution, or use of organotin or 

19 antifouling systems containing organotin used 

20 or intended for use only for sonar domes or in 

21 conductivity sensors in oceanographic instru22 ments. 


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1 SEC. 302. INVESTIGATIONS AND INSPECTIONS BY SEC2 RETARY. 

3 (a) IN GENERAL.—The Secretary may conduct inves4 tigations and inspections regarding a vessel’s compliance 

5 with this Act or the Convention. 

6 (b) VIOLATIONS; SUBPOENAS.—In any investigation 

7 under this section, the Secretary may issue subpoenas to 

8 require the attendance of witnesses and the production of 

9 documents and other evidence. In case of refusal to obey 

10 a subpoena issued to any person, the Secretary may re11 quest the Attorney General to invoke the aid of the appro12 priate district court of the United States to compel compli13 ance. 

14 (c) FURTHER ACTION.—On completion of an inves15 tigation, the Secretary may take whatever further action 

16 the Secretary considers appropriate under the Convention 

17 or this Act. 

18 (d) COOPERATION.—The Secretary may cooperate 

19 with other parties to the Convention in the detection of 

20 violations and in enforcement of the Convention. Nothing 

21 in this section affects or alters requirements under any 

22 other laws. 

23 SEC. 303. EPA ENFORCEMENT. 

24 (a) INSPECTIONS, SUBPOENAS.— 

25 (1) IN GENERAL.—For purposes of enforcing 

26 this Act or any regulation prescribed under this Act, 


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1 officers or employees of the Environmental Protec2 tion Agency or of any State designated by the Ad3 ministrator may enter at reasonable times any loca4 tion where there is being held or may be held 

5 organotin or any other substance or antifouling sys6 tem regulated under the Convention, for the purpose 

7 of inspecting and obtaining samples of any con8 tainers or labeling for organotin or other substance 

9 or system regulated under the Convention. 

10 (2) SUBPOENAS.—In any investigation under 

11 this section the Administrator may issue subpoenas 

12 to require the attendance of any witness and the 

13 production of documents and other evidence. In case 

14 of refusal to obey such a subpoena, the Adminis15 trator may request the Attorney General to compel 

16 compliance. 

17 (b) STOP MANUFACTURE, SALE, USE, OR REMOVAL

18 ORDERS.—Consistent with section 104, whenever any 

19 organotin or other substance or system regulated under 

20 the Convention is found by the Administrator and there 

21 is reason to believe that a manufacturer, seller, dis22 tributor, or user has violated or is in violation of any provi23 sion of this Act, or that such organotin or other substance 

24 or system regulated under the Convention has been or is 

25 intended to be manufactured, distributed, sold, or used in 


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1 violation of this Act, the Administrator may issue a stop 

2 manufacture, sale, use, or removal order to any person 

3 that owns, controls, or has custody of such organotin or 

4 other substance or system regulated under the Convention. 

5 After receipt of that order the person may not manufac6 ture, sell, distribute, use, or remove the organotin or other 

7 substance or system regulated under the Convention de8 scribed in the order except in accordance with the order. 

9 SEC. 304. ADDITIONAL AUTHORITY OF THE ADMINIS10 TRATOR. 

11 The Administrator, in consultation with the Sec12 retary, may establish, as necessary, terms and conditions 

13 regarding the removal and disposal of antifouling systems 

14 prohibited or restricted under this Act. 

15 TITLE IV—ACTION ON VIOLA16 TION, PENALTIES, AND RE17 FERRALS 

18 SEC. 401. CRIMINAL ENFORCEMENT. 

19 Any person who knowingly violates the Convention, 

20 this Act, or any regulation prescribed under this Act, shall 

21 be fined under title 18, United States Code, or imprisoned 

22 not more than 6 years, or both. 

23 SEC. 402. CIVIL ENFORCEMENT. 

24 (a) CIVIL PENALTY.— 


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1 (1) IN GENERAL.—Any person who is found by 

2 the Secretary or the Administrator, as appropriate, 

3 after notice and an opportunity for a hearing, to 

4 have— 

5 (A) violated the Convention, this Act, or 

6 any regulation prescribed under this Act is lia7 ble to the United States Government for a civil 

8 penalty of not more than $37,500 for each vio9 lation; or 

10 (B) made a false, fictitious, or fraudulent 

11 statement or representation in any matter in 

12 which a statement or representation is required 

13 to be made to the Secretary under the Conven14 tion, this Act, or any regulations prescribed 

15 under this Act, is liable to the United States for 

16 a civil penalty of not more than $50,000 for 

17 each such statement or representation. 

18 (2) RELATIONSHIP TO OTHER LAW.—This sub19 section shall not limit or affect the authority of the 

20 Government under section 1001 of title 18, United 

21 States Code. 

22 (b) ASSESSMENT OF PENALTY.—The amount of the 

23 civil penalty shall be assessed by the Secretary or Adminis24 trator, as appropriate, by written notice. 


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1 (c) LIMITATION FOR RECREATIONAL VESSEL.—A 

2 civil penalty imposed under subsection (a) against the 

3 owner or operator of a recreational vessel, as that term 

4 is defined in section 2101 of title 46, United States Code, 

5 for a violation of the Convention, this Act, or any regula6 tion prescribed under this Act involving that recreational 

7 vessel, may not exceed $5,000 for each violation. 

8 (d) DETERMINATION OF PENALTY.—For purposes of 

9 penalties under this section, each day of a continuing vio10 lation constitutes a separate violation. In determining the 

11 amount of the penalty, the Secretary or Administrator 

12 shall take into account the nature, circumstances, extent, 

13 and gravity of the prohibited acts committed and, with re14 spect to the violator, the degree of culpability, any history 

15 of prior offenses, the economic impact of the penalty on 

16 the violator, the economic benefit to the violator and other 

17 matters as justice may require. 

18 (e) REWARD.—An amount equal to not more than 

19 one-half of any civil penalty assessed by the Secretary or 

20 Administrator under this section may, subject to the avail21 ability of appropriations, be paid by the Secretary or Ad22 ministrator, respectively, to any person who provided in23 formation that led to the assessment or imposition of the 

24 penalty. 


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1 (f) REFERRAL TO ATTORNEY GENERAL.—If any per2 son fails to pay a civil penalty assessed under this section 

3 after it has become final, or comply with an order issued 

4 under this Act, the Secretary or Administrator, as appro5 priate, may refer the matter to the Attorney General of 

6 the United States for collection in any appropriate district 

7 court of the United States. 

8 (g) COMPROMISE, MODIFICATION, OR REMISSION.— 

9 Before referring any civil penalty that is subject to assess10 ment or has been assessed under this section to the Attor11 ney General, the Secretary, or Administrator, as appro12 priate, may compromise, modify, or remit, with or without 

13 conditions, the civil penalty. 

14 (h) NONPAYMENT PENALTY.—Any person who fails 

15 to pay on a timely basis a civil penalty assessed under 

16 this section shall also be liable to the United States for 

17 interest on the penalty at an annual rate equal to 11 per18 cent compounded quarterly, attorney fees and costs for 

19 collection proceedings, and a quarterly nonpayment pen20 alty for each quarter during which such failure to pay per21 sists. That nonpayment penalty shall be in an amount 

22 equal to 20 percent of the aggregate amount of that per23 son’s penalties and nonpayment penalties that are unpaid 

24 as of the beginning of that quarter. 


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1 SEC. 403. LIABILITY IN REM. 

2 A vessel operated in violation of the Convention, this 

3 Act, or any regulation prescribed under this Act, is liable 

4 in rem for any fine imposed under section 18, United 

5 States Code, or civil penalty assessed pursuant to section 

6 402, and may be proceeded against in the United States 

7 district court of any district in which the vessel may be 

8 found. 

9 SEC. 404. VESSEL CLEARANCE OR PERMITS; REFUSAL OR 

10 REVOCATION; BOND OR OTHER SURETY. 

11 If any vessel that is subject to the Convention or this 

12 Act, or its owner, operator, or person in charge, is liable 

13 for a fine or civil penalty under section 402 or 403, or 

14 if reasonable cause exists to believe that the vessel, its 

15 owner, operator, or person in charge may be subject to 

16 a fine or civil penalty under section 402 or 403, the Sec17 retary may refuse or revoke the clearance required by sec18 tion 60105 of title 46, United States Code. Clearance may 

19 be granted upon the filing of a bond or other surety satis20 faction to the Secretary. 

21 SEC. 405. WARNINGS, DETENTIONS, DISMISSALS, EXCLU22 SION. 

23 (a) IN GENERAL.—If a vessel is detected to be in vio24 lation of the Convention, this Act, or any regulation pre25 scribed under this Act, the Secretary may warn, detain, 


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1 dismiss, or exclude the vessel from any port or offshore 

2 terminal under the jurisdiction of the United States. 

3 (b) NOTIFICATIONS.—If action is taken under sub4 section (a), the Secretary, in consultation with the Sec5 retary of State, shall make the notifications required by 

6 the Convention. 

7 SEC. 406. REFERRALS FOR APPROPRIATE ACTION BY FOR8 EIGN COUNTRY. 

9 Notwithstanding sections 401, 402, 403, and 405, if 

10 a violation of the Convention is committed by a vessel reg11 istered in or of the nationality of a country that is a party 

12 to the Convention, or by a vessel operated under the au13 thority of a country that is a party to the Convention, 

14 the Secretary, acting in coordination with the Secretary 

15 of State, may refer the matter to the government of the 

16 country of the vessel’s registry or nationality, or under 

17 whose authority the vessel is operating, for appropriate ac18 tion, rather than taking the actions otherwise required or 

19 authorized by this title. 

20 SEC. 407. REMEDIES NOT AFFECTED. 

21 (a) IN GENERAL.—Nothing in this Act limits, denies, 

22 amends, modifies, or repeals any other remedy available 

23 to the United States. 

24 (b) RELATIONSHIP TO STATE AND LOCAL LAW.— 

25 Nothing in this Act limits, denies, amends, modifies, or 


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1 repeals any rights under existing law, of any State, terri2 tory, or possession of the United States, or any political 

3 subdivision thereof, to regulate any antifouling system. 

4 Compliance with the requirements of a State, territory, or 

5 possession of the United States, or political subdivision 

6 thereof related to antifouling paint or any other 

7 antifouling system does not relieve any person of the obli8 gation to comply with this Act. 

9 SEC. 408. REPEAL. 

10 The Organotin Antifouling Paint Control Act of 1988 

11 (33 U.S.C. 2401 et seq.) is repealed. 

Æ 


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