VIOLATION...WASTE MANAGEMENT PLAN 

Written By CDR Mark Hammond

A boarding of a 42 foot recreational vessel was completed. The 

boarding officer remembered she was taught the general rule that 

recreational vessels 40 - 65 feet are required to have a waste 

management plan on board. The boarding team found no waste 

management plan on board. Seems simple enough. It’s a violation, 

right? Not so fast.

There are important elements to the regulation pertaining to waste 

management plans. Alleged violations of this regulation often fail 

because either the regulation did not apply to the vessel or there is 

insufficient evidence to support that the violation occurred. 

Using job aids or general rules learned is often insufficient to 

properly apply a regulation and determine if a violation occurred. To 

ensure a regulation applies and a violation is properly identified, it 

is important to refer to, and carefully read, the relevant regulation 

and its applicability section to know whether it applies to the vessel 

and any other conditions that may be present. A brief examination of 

the regulation pertaining to waste management plans follows. 

33 CFR 151.57(a) states in part: This section applies to the following: 

(1) Each manned oceangoing ship (other than a fixed or floating 

platform) of 40 feet or more in length that is documented under the 

laws of the United States or numbered by a state and that either is 

engaged in commerce or is equipped with a galley and berthing.
Paragraph (b) goes on to say in part, the Master or person in charge 

shall ensure that the ship is not operated unless a waste 

management plan is on the ship and that each person handling 

garbage follows the plan.

Simply stating a vessel was 42 feet long and did not have a waste 

management plan on board does not provide sufficient evidence of a 

violation. Evidence should be sufficient for a reader to know that the 

vessel is “oceangoing” and either documented or state numbered, and 

engaged in commerce or equipped with a galley and berthing. 

According to 33 CFR 151.05, a “Ship” means a vessel of any type 

whatsoever, operating in the marine environment. This includes 

hydrofoils, air cushion vehicles, submersibles, floating craft whether 

self-propelled or not, and fixed floating drilling rigs and other 

platforms. 

According to 33 CFR 151.05, an “Oceangoing” ship means a ship that 

is operated under the authority of the U.S. and (1) engages in 

international voyages; (2) is certificated for ocean service; (3) is 

certificated for coastwise service beyond three miles from land; (4) 

and operates at any time seaward of the territorial sea of the US as 

defined in 33 CFR 2.22; or (5) is operated under the authority of a 

country other than the US.

This definition makes it necessary to know the vessel's location or 

route of service to determine whether the vessel is in fact an 

“oceangoing ship” and required to have a waste management plan on 

board. Careful consideration should always be given to documenting 

the facts that establish the regulation applied to the vessel and how 

the vessel did not comply with the regulation.