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(10) Governing International Fishery Agreement With

Portugal

Partial text of Public Law 96-561 [Salmon and Steelhead Conservation and Enhancement Act of 1980; S. 2163], 94 Stat. 3275 at 3287, approved Decem. ber 22, 1980

AN ACT To provide for the conservation and enhancement of the salmon and steelhead resources of the United States, assistance to treaty and nontreaty harvesters of those resources, and for other purposes.

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

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SEC. 145.1 GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH PORTUGAL.

Notwithstanding section 203 of the Magnuson Fishery Conservation and Management Act of 1976, the governing international fishery agreement between the Government of the United States of America and the Government of Portugal Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated December 1, 1980

(1) is hereby approved by Congress as a governing international fishery agreement for the purposes of such Act of 1976; and

(2) shall enter into force and effect with respect to the United States on the date of the enactment of this title.

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116 U.S.C. 1823 note.

2. Marine Pollution

a. Oil Pollution Act of 1990

Partial text of Public Law 101-380 [H.R. 1465], 104 Stat. 484, approved August 18, 1990

AN ACT To establish limitations on liability for damages resulting from oil pollu tion, to establish a fund for the payment of compensation for such damages, and for other purposes.

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

SECTION 1.1 SHORT TITLE.

This Act may be cited as the "Oil Pollution Act of 1990".

TITLE III-INTERNATIONAL OIL POLLUTION
PREVENTION AND REMOVAL

SEC. 3001. SENSE OF CONGRESS REGARDING PARTICIPATION IN INTERNATIONAL REGIME.

It is the sense of the Congress that it is in the best interests of the United States to participate in an international oil pollution liability and compensation regime that is at least as effective as Federal and State laws in preventing incidents and in guaranteeing full and prompt compensation for damages resulting from incidents.

SEC. 3002. UNITED STATES-CANADA GREAT LAKES OIL SPILL COOPERATION.

(a) REVIEW.-The Secretary of State shall review relevant international agreements and treaties with the Government of Canada, including the Great Lakes Water Quality Agreement, to determine whether amendments or additional international agreements are necessary to

(1) prevent discharges of oil on the Great Lakes;

(2) ensure an immediate and effective removal of oil on the Great Lakes; and

(3) fully compensate those who are injured by a discharge of oil on the Great Lakes.

(b) CONSULTATION.-In carrying out this section, the Secretary of State shall consult with the Department of Transportation, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the Great Lakes States, the International Joint Commission, and other appropriate agencies.

(c) REPORT.-The Secretary of State shall submit a report to the Congress on the results of the review under this section within 6 months after the date of the enactment of this Act.

133 U.S.C. 2701 note.

SEC. 3003. UNITED STATES-CANADA LAKE CHAMPLAIN OIL SPILL CO. OPERATION.

(a) REVIEW.-The Secretary of State shall review relevant international agreements and treaties with the Government of Canada, to determine whether amendments or additional international agreements are necessary to—

(1) prevent discharges of oil on Lake Champlain;

(2) ensure an immediate and effective removal of oil on Lake Champlain; and

(3) fully compensate those who are injured by a discharge of oil on Lake Champlain.

(b) CONSULTATION.-In carrying out this section, the Secretary of State shall consult with the Department of Transportation, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the States of Vermont and New York, the International Joint Commission, and other appropriate agencies.

(c) REPORT.-The Secretary of State shall submit a report to the Congress on the results of the review under this section. within 6 months after the date of the enactment of this Act. SEC. 3004. INTERNATIONAL INVENTORY OF REMOVAL EQUIPMENT AND PERSONNEL.

The President shall encourage appropriate international organizations to establish an international inventory of spill removal equipment and personnel.

SEC. 3005. NEGOTIATIONS WITH CANADA CONCERNING TUG ESCORTS IN PUGET SOUND.

Congress urges the Secretary of State to enter into negotiations with the Government of Canada to ensure that tugboat escorts are required for all tank vessels with a capacity over 40,000 deadweight tons in the Strait of Juan de Fuca and in Haro Strait.

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b. Act To Prevent Pollution From Ships

Public Law 96–478 [H.R. 6665], 94 Stat. 2297, approved October 21, 1980; as amended by Public Law 100-220 [United States-Japan Fishery Agreement Approval Act of 1987; H.R. 3674], 101 Stat. 1458, approved December 29, 1987; Public Law 101-225 [Coast Guard Authorization Act of 1989; H.R. 2459], 103 Stat. 1908, approved December 12, 1989; Public Law 101-380 [Oil Pollution Act of 1990; H.R. 1465], 104 Stat. 484, approved August 18, 1990; Public Law 102-241 [Coast Guard Authorization Act, Fiscal Year 1992; H.R. 1776], 105 Stat. 2208, approved December 19, 1991; and by Public Law 103-160 [National Defense Authorization Act for Fiscal Year 1994; H.R. 2401), 107 Stat. 1547, approved November 30, 1993

AN ACT To implement the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Act to Prevent Pollution from Ships".

SEC. 2.1 (a)2 Unless the context indicates otherwise, as used in this Act

(1) "MARPOL Protocol" means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, and includes the Convention;

(2) "Convention" means the International Convention for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I, II, and V thereto, including any modification or amendments to the Convention, Protocols, or Annexes which have entered into force for the United States; 3

(3) "discharge" and "garbage" and "harmful substance" and "incident" shall have the meanings provided in the Convention; (4) "owner" means any person holding title to, or in the absence of title, any other indicia of ownership of, a ship or terminal, but does not include a person who, without participating in the management or operation of a ship or terminal, holds indicia of ownership primarily to protect a security interest in the ship or terminal;

(5) "operator" means—

(a) in the case of a ship, a charterer by demise or any other person, except the owner, who is responsible for the operation, manning, victualing, and supplying of the vessel, or

133 U.S.C. 1901.

2 Sec. 2 was amended by sec. 2101 of Public Law 100-220 (101 Stat. 1460), which inserted an "(a)" after "Sec. 2", and amended the text of subsec. (aX1) (as redesignated) which previously read as follows:

"(1) 'MARPOL Protocol' means the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, done at London on February 17, 1978. This Protocol incorporates and modifies the International Convention for the Prevention of Pollution from Ships, 1973, done at London on November 2, 1973;".

3The words to this point beginning with "Annexes I. ", were added by sec. 2101(3) of Public Law 100-220 (101 Stat. 1460). were added by sec. 2101(4) of Public Law 100-220 (101 Stat.

The words "and 'garbage'

1460).

(b) in the case of a terminal, any person, except the owner, responsible for the operation of the terminal by agreement with the owner;

(6) "person" means an individual, firm, public or private corporation, partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body;

(7) "Secretary" means the Secretary of the department in which the Coast Guard is operating;

(8) "ship" means a vessel of any type whatsoever, including hydrofoils, air-cushion vehicles, submersibles, floating craft whether self-propelled or not, and fixed or floating platforms; 5 (9)5 "submersible" means a submarine, or any other vessel designed to operate under water; and

(10) 5 "terminal" means an onshore facility or an offshore structure located in the navigable waters of the United States or subject to the jurisdiction of the United States and used, or intended to be used, as a port or facility for the transfer or other handling of a harmful substance.

(b) 6 For purposes of this Act, the requirements of Annex V shall apply to the navigable waters of the United States, as well as to all other waters and vessels over which the United States has jurisdiction.

SEC. 3.7 (a)8 This Act shall apply

(1) to a ship of United States registry or nationality, or one operated under the authority of the United States, wherever located;

(2) with respect to Annexes I and II to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters of the United States;

(3) with respect to the requirements of Annex V to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters or the exclusive economic zone of the United States; and

(4) with respect to regulations prescribed under section 6 of this Act, any port or terminal in the United States

(b)(1) Except as provided in paragraph (2), this Act shall not apply to

Sec. 1003(f) of Public Law 103-160 (107 Stat. 1748) struck out "and" at the end of para. (8); resdesignated para. (9) as para. (10); and added a new para. (9).

Subsec. (b) was added by sec. 2101(5) of Public Law 100-220 (101 Stat. 1461).

733 U.S.C. 1902.

Secs. 3(a), 3(b), and 3(c) were amended and restated by secs. 2102(a), (b), and (c) of Public Law 100-220 (101 Stat. 1461). Previously, secs. 3(a) to 3(c) read as follows:

"SEC. 3. (a) This Act applies to

"(1) a ship of United States registry or nationality, or one operated under the authority of the United States, wherever located;

"(2) a ship registered in or of the nationality of a country party to the MARPOL Protocol, or one operated under the authority of a country party to the MARPOL Protocol, while in the navigable waters of the United States; and

"(3) a ship registered in or of the nationality of a country not a party to the MARPOL Protocol, under subsection (c) of this section, while in the navigable waters of the United States.

"(b) This Act does not apply to

"(1) a warship, naval auxiliary, or other ship owned or operated by the United States when engaged in noncommercial service; or

"(2) any other ship specifically excluded by the MARPOL Protocol.

"(c) The Secretary shall prescribe regulations applicable to the ships of a country not a party to the MARPOL Protocol to ensure that their treatment is not more favorable than that accorded ships of parties to the MARPOL Protocol.".

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