(b) ISSUANCE OF CERTIFICATE.—On entry into force 
of the Convention, on a finding that a successful survey 
required by the Convention has been completed, a vessel 
of at least 400 gross tons that engages in at least one 
international voyage (except fixed or floating platforms, 
FSUs, and FPSOs) shall be issued an International 
Antifouling System Certificate. The Secretary may issue 
the Certificate required by this section. The Secretary may 
delegate this authority to an organization that the Sec-
retary determines is qualified to undertake that responsi-
bility. 
(c) MAINTENANCE OF CERTIFICATE.—The Certifi-
cate required by this section shall be maintained as re-
quired by the Secretary. 
(d) CERTIFICATES ISSUED BY OTHER PARTY COUN-
TRIES.—A Certificate issued by any country that is a 
party to the Convention has the same validity as a Certifi-
cate issued by the Secretary under this section. 
(e) VESSELS OF NONPARTY COUNTRIES.—Notwith-
standing subsection (a), a vessel of at least 400 gross tons, 
having the nationality of or entitled to fly the flag of a 
country that is not a party to the Convention, may dem-
onstrate compliance with this Act through other appro-
priate documentation considered acceptable by the Sec-
retary. 
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SEC. 202. DECLARATION. 
(a) REQUIREMENTS.—On entry into force of the Con-
vention for the United States, a vessel of at least 24 me-
ters in length, but less than 400 gross tons engaged on 
an international voyage (except fixed or floating platforms, 
FSUs, and FPSOs) must carry a declaration described in 
subsection (b) that is signed by the owner or owner’s au-
thorized agent. That declaration shall be accompanied by 
appropriate documentation, such as a paint receipt or a 
contractor invoice, or contain an appropriate endorsement. 
(b) CONTENT OF DECLARATION.—The declaration 
must contain a clear statement that the antifouling system 
on the vessel complies with the Convention. The Secretary 
may prescribe the form and other requirements of the dec-
laration. 
SEC. 203. OTHER COMPLIANCE DOCUMENTATION. 
In addition to the requirements under sections 201 
and 202, the Secretary may require vessels to hold other 
documentation considered necessary to verify compliance 
with this Act. 
SEC. 204. PROCESS FOR CONSIDERING ADDITIONAL CON-
TROLS. 
(a) ACTIONS
BY ADMINISTRATOR.—The Adminis-
trator may— 
(1) participate in the technical group described 
in Article 7 of the Convention, and in any other 
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body convened pursuant to the Convention for the 
consideration of new or additional controls on 
antifouling systems; 
(2) evaluate any risks of adverse effects on non-
target organisms or human health presented by a 
given antifouling system such that the amendment 
of annex 1 of the Convention may be warranted; 
(3) undertake an assessment of relevant envi-
ronmental, technical, and economic considerations 
necessary to evaluate any proposals for new or addi-
tional controls of antifouling systems under the Con-
vention, including benefits in the United States and 
elsewhere associated with the production and use in 
the United States and elsewhere, of the subject 
antifouling system; and 
(4) develop recommendations based on that as-
sessment. 
(b) REFERRALS TO TECHNICAL GROUP.— 
(1) CONVENING
OF
SHIPPING
COORDINATING 
COMMITTEE.—On referral of any antifouling system 
to the technical group described in article 7 of the 
Convention for consideration of new or additional 
controls, the Secretary of State shall convene a pub-
lic meeting of the Shipping Coordinating Committee 
for the purpose of receiving information and com-
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ments regarding controls on such antifouling system. 
The Secretary of State shall publish advance notice 
of such meeting in the Federal Register and on the 
State Department’s Web site. The Administrator 
shall assemble and maintain a public docket con-
taining notices pertaining to that meeting, any com-
ments responding to those notices, the minutes of 
that meeting, and materials presented at that meet-
ing. 
(2) REPORT BY TECHNICAL GROUP.—The Ad-
ministrator shall promptly make any report by the 
technical group described in the Convention available 
to the public through the docket established pursu-
ant to subsection (b) and announce the availability 
of that report in the Federal Register. The Adminis-
trator shall provide an opportunity for public com-
ment on the report for a period of not less than 30 
days from the time the availability of the report is 
announced in the Federal Register. 
(3) CONSIDERATION
OF
COMMENTS.—To the 
extent practicable, the Administrator shall take any 
comments into consideration in developing rec-
ommendations under subsection (a). 
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SEC. 205. SCIENTIFIC AND TECHNICAL RESEARCH AND 
MONITORING; COMMUNICATION AND INFOR-
MATION. 
The Secretary, the Administrator, and the Adminis-
trator of the National Oceanic and Atmospheric Adminis-
tration may each undertake scientific and technical re-
search and monitoring pursuant to article 8 of the Con-
vention and to promote the availability of relevant infor-
mation concerning— 
(1) scientific and technical activities undertaken 
in accordance with the Convention; 
(2) marine scientific and technological pro-
grams and their objectives; and 
(3) the effects observed from any monitoring 
and assessment programs relating to antifouling sys-
tems. 
SEC. 206. COMMUNICATION AND EXCHANGE OF INFORMA-
TION. 
(a) IN GENERAL.—Except as provided in subsection 
(b), with respect to those antifouling systems regulated by 
the Administrator, the Administrator shall provide to any 
party to the Convention that requests it, relevant informa-
tion on which the decision to regulate was based, including 
information provided for in annex 3 to the Convention, 
or other information suitable for making an appropriate 
evaluation of the antifouling system. 
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