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Federal law — U.S. Code and appendices · legal_authorities
This chapter shall be effective upon February 5, 1974, or upon the date the convention becomes effective as to the United States, whichever is later.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1487
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Source file: Laws/federal/codes/united-states-code/title-33/section-1487-effective-date--6504a2b0bd.md
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Source location: Title 33, Chapter 28, § 1487; chapter-028-pollution-casualties-on-the-high-seas-united-states-intervention.md
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter— (1) “a substance other than convention oil” means those oils, noxious substances, liquefied gases, and radioactive substances— (A) enumerated in the protocol, or (B) otherwise determined to be hazardous under [section 1473(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1473/a&num=0&edition=prelim); (2) “convention” means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, including annexes thereto; (3) “convention oil” means crude oil, fuel oil, diesel oil, and lubricating oil; (4) “Secretary” means the Secretary of the department in which the Coast Guard is operating; (5) “ship” means— (A) a seagoing vessel of any type whatsoever, and (B) any floating craft, except an installation or device engaged in the exploration and exploitation of the resources of the seabed and the ocean floor and the subsoil thereof; (6) “protocol” means the Protocol Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other Than Oil, 1973, including annexes thereto; and (7) “United States” means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Marianas, and any other commonwealth, territory, or possession of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1471
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Federal law — U.S. Code and appendices · legal_authorities
Whenever a ship collision, stranding, or other incident of navigation or other occurrence on board a ship or external to it resulting in material damage or imminent threat of material damage to the ship or her cargo creates, as determined by the Secretary, a grave and imminent danger to the coastline or related interests of the United States from pollution or threat of pollution of the sea by convention oil or of the sea or atmosphere by a substance other than convention oil which may reasonably be expected to result in major harmful consequences, the Secretary may, except as provided for in [section 1479 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1479&num=0&edition=prelim), without liability for any damage to the owners or operators of the ship, to her cargo or crew, to underwriters or other parties interested therein, take measures on the high seas, in accordance with the provisions of the convention, the protocol and this chapter, to prevent, mitigate, or eliminate that danger.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1472
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary, after consultation with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, shall determine when a substance other than those enumerated in the protocol is liable to create a hazard to human health, to harm living resources, to damage amenities, or to interfere with other legitimate uses of the sea. **(b)** In determining whether there is grave and imminent danger of major harmful consequences to the coastline or related interests of the United States, the Secretary shall consider the interests of the United States directly threatened or affected including but not limited to, human health, fish, shellfish, and other living marine resources, wildlife, coastal zone and estuarine activities, and public and private shorelines and beaches.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1473
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment of compensation** The United States shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in [section 1472 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1472&num=0&edition=prelim). **(b) Jurisdiction** Actions against the United States seeking compensation for any excessive measures may be brought in the United States Court of Federal Claims, in any district court of the United States, and in those courts enumerated in [section 460 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section460&num=0&edition=prelim). For purposes of this chapter, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii, and the Trust Territory of the Pacific Islands shall be included within the judicial districts of both the District Court of the United States for the District of Hawaii and the District Court of Guam. **(c) Burden of proof** With respect to intervention for a substance identified pursuant to [section 1473(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1473/a&num=0&edition=prelim), the United States has the burden of establishing that, under the circumstances present at the time of the intervention, the substance could reasonably pose a grave and imminent danger analogous to that posed by a substance enumerated in the protocol.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1479
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Nomination of experts and proposal of amendments to list of substances** The Secretary, in consultation with the Secretary of State and the Administrator of the Environmental Protection Agency, may nominate individuals to the list of experts provided for in article III of the convention and article II of the protocol and may propose amendments to the list of substances other than convention oil in accordance with article III of the protocol. **(b) Consultations for designation or nomination of negotiators, etc., provided for by convention and protocol** The Secretary of State, in consultation with the Secretary, shall designate or nominate, as appropriate and necessary, the negotiators, conciliators, or arbitrators provided for by the convention and the protocol. **(c) Presidential acceptance of amendments to list of substances other than convention oil in accordance with protocol** The President may accept amendments to the list of substances other than convention oil in accordance with article III of the protocol.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1482
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Federal law — U.S. Code and appendices · legal_authorities
This chapter shall be interpreted and administered in a manner consistent with the convention, the protocol, and other international law. Except as specifically provided, nothing in this chapter may be interpreted to prejudice any otherwise applicable right, duty, privilege, or immunity or deprive any country or person of any remedy otherwise applicable.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1484
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Federal law — U.S. Code and appendices · legal_authorities
Page 630 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1483 protocol and provisions for proposal of amendments to the list of substances other than convention oil. Subsec. (b). Pub. L. 95–302, § 1(5)(B), substituted ‘‘pro- tocol’’ for ‘‘annexes thereto’’. Subsec. (c). Pub. L. 95–302, § 1(5)(C), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title. § 1483. Foreign government ships; immunity No measures may be taken under authority of this chapter against any warship or other ship owned or operated by a country and used, for the time being, only on Government noncommercial service. (Pub. L. 93–248, § 14, Feb. 5, 1974, 88 Stat. 10.) § 1484. Interpretation and administration; other right, duty, privilege, or immunity and other remedy unaffected This chapter shall be interpreted and adminis- tered in a manner consistent with the conven- tion, the protocol, and other international law. Except as specifically provided, nothing in this chapter may be interpreted to prejudice any otherwise applicable right, duty, privilege, or immunity or deprive any country or person of any remedy otherwise applicable. (Pub. L. 93–248, § 15, Feb. 5, 1974, 88 Stat. 10; Pub. L. 95–302, § 1(6), June 26, 1978, 92 Stat. 345.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–302 inserted ‘‘, the protocol,’’ after ‘‘convention’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title. § 1485. Rules and regulations The Secretary may issue reasonable rules
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1487
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