APPLICATION OF GARBAGE MANAGEMENT PLAN REQUIREMENTS TO 

U.S. RECREATIONAL AND FISHING VESSELS (33 C.F.R. PART 151) 

Robert Bruce, Chief, Coast Guard Hearing Office 

The Coast Guard Hearing Office regularly sees civil penalty cases in which a boarding 

officer has charged the operator of a U.S. recreational vessel or a fishing vessel with 

failure to have a garbage management plan onboard in violation of 33 C.F.R. § 151.57. 

In almost all cases, the vessel involved is 40 feet in length or greater, which is a 

requirement for applicability of the garbage management regulation. However, in many 

cases, several other requirements for applicability of the garbage management regulations 

are not addressed. The failure to submit sufficient evidence to establish that the garbage 

management regulations apply to the vessel means that the Hearing Officer must dismiss 

the charge, or the case must be returned for correction. In many cases, it may well be that 

the garbage management regulations are not applicable and that the boarding officer is 

incorrectly stating to the operator that they must have a garbage management plan 

onboard. 

Although this article just discusses U.S. recreational vessels and fishing vessels, the 

garbage management plan regulations may apply to foreign vessels and inspected U.S. 

vessels. Regardless of the vessel type, it is important to consider the relevant 

applicability requirements before charging a violation. Many boarding officers seem to 

believe that if a vessel is 40 feet or more in length, then the garbage management plan 

regulation applies. But 33 C.F.R. § 151.51(d) says that for a U.S. vessel the regulation 

applies: (1) to an “oceangoing ship;” (2) 40 feet or more in length; and (3) either 

engaged in commerce or equipped with a galley and berthing. “Oceangoing ship” is 

defined at 33 C.F.R. § 151.05 as, among other things, a ship that is operated at any time 

seaward of the outermost boundary of the territorial sea of the U.S. or that engages in 

international voyages. 

With respect to the requirement that the vessel be engaged in commerce or equipped with 

a galley and berthing, a recreational vessel should not be engaged in commerce. 

Therefore, it is necessary for the boarding officer to include evidence that a recreational 

vessel is equipped with a galley and berthing. For fishing vessels, the definition of 

engaging in the fisheries is fairly broad, and a vessel engaging in the fisheries would be 

engaged in commerce, but the case file must include evidence that the vessel was 

engaged in the fisheries. 

Many boardings occur on inland waters or within the territorial sea of the U.S. In these 

cases, it cannot be assumed that the vessel is an “oceangoing ship.” The boarding officer 

must have evidence that the vessel is operated at any time beyond the territorial sea of the 

U.S. or engages in international voyages. Logs or admissions by the operator may 

provide the evidence to show that the vessel is an “oceangoing ship” and the garbage 

management plan regulation applies. 
All regulations enforced by the Coast Guard have some applicability requirements that 

must be met. Most of those requirements are fairly straightforward. The applicability 

elements for the garbage management plan requirements are more involved than most. 

Accordingly, it is important for personnel interacting with mariners to understand the 

applicability requirements for garbage management plans, and apply the regulatory 

requirements correctly.