46 U.S.C. § 70005 — International agreements

Page 544 TITLE 46—SHIPPING § 70005 tection of the marine environment, and the safety and security of United States ports and waterways, including— (A) the scope and degree of the risk or haz- ard involved; (B) vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, potential in- terference with the flow of commercial traf- fic, the presence of any unusual cargoes, and other similar factors; (C) port and waterway configurations and variations in local conditions of geography, climate, and other similar factors; (D) the need for granting exemptions for the installation and use of equipment or de- vices for use with vessel traffic services for certain classes of small vessels, such as self- propelled fishing vessels and recreational vessels; (E) the proximity of fishing grounds, oil and gas drilling and production operations, or any other potential or actual conflicting activity; (F) environmental factors; (G) economic impact and effects; (H) existing vessel traffic services; and (I) local practices and customs, including voluntary arrangements and agreements within the maritime community; and (2) at the earliest possible time, consult with and receive and consider the views of rep- resentatives of the maritime community, ports and harbor authorities or associations, environmental groups, and other persons who may be affected by the proposed actions. (Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4257.) § 70005. International agreements (a) TRANSMITTAL OF REGULATIONS.—The Sec- retary shall transmit, via the Secretary of State, to appropriate international bodies or fo- rums, any regulations issued under this sub- chapter, for consideration as international standards. (b) AGREEMENTS.—The President is authorized and encouraged to— (1) enter into negotiations and conclude and execute agreements with neighboring nations, to establish compatible vessel standards and vessel traffic services, and to establish, oper- ate, and maintain international vessel traffic services, in areas and under circumstances of mutual concern; and (2) enter into negotiations, through appro- priate international bodies, and conclude and execute agreements to establish vessel traffic services in appropriate areas of the high seas. (c) OPERATIONS.—The Secretary, pursuant to any agreement negotiated under subsection (b) that is binding upon the United States in ac- cordance with constitutional requirements, may— (1) require vessels operating in an area of a vessel traffic service to utilize or to comply with the vessel traffic service, including the carrying or installation of equipment and de- vices as necessary for the use of the service; and (2) waive, by order or regulation, the appli- cation of any United States law or regulation concerning the design, construction, oper- ation, equipment, personnel qualifications, and manning standards for vessels operating in waters over which the United States exer- cises jurisdiction if such vessel is not en route to or from a United States port or place, and if vessels en route to or from a United States port or place are accorded equivalent waivers of laws and regulations of the neighboring na- tion, when operating in waters over which that nation exercises jurisdiction. (d) SHIP REPORTING SYSTEMS.—The Secretary, in cooperation with the International Maritime Organization, may implement and enforce two mandatory ship reporting systems, consistent with international law, with respect to vessels subject to such reporting systems entering the following areas of the Atlantic Ocean: (1) Cape Cod Bay, Massachusetts Bay, and Great South Channel (in the area generally bounded by a line starting from a point on Cape Ann, Massachusetts at 42 deg. 39′ N., 70 deg. 37′ W; then northeast to 42 deg. 45′ N., 70 deg. 13′ W; then southeast to 42 deg. 10′ N., 68 deg. 31′ W, then south to 41 deg. 00′ N., 68 deg. 31′ W; then west to 41 deg. 00′ N., 69 deg. 17′ W; then northeast to 42 deg. 05′ N., 70 deg. 02′ W, then west to 42 deg. 04′ N., 70 deg. 10′ W; and then along the Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay back to the point on Cape Ann at 42 deg. 39′ N., 70 deg. 37′ W). (2) In the coastal waters of the Southeastern United States within about 25 nm along a 90 nm stretch of the Atlantic seaboard (in an area generally extending from the shoreline east to longitude 80 deg. 51.6′ W with the southern and northern boundary at latitudes 30 deg. 00′ N., 31 deg. 27′ N., respectively). (Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4257.) § 70006. Establishment by Secretary of the de- partment in which the Coast Guard is oper- ating of anchorage grounds and regulations generally (a) IN GENERAL.—The Secretary of Homeland Security is authorized, empowered, and directed to define and establish anchorage grounds for vessels in all harbors, rivers, bays, and other navigable waters of the United States whenever it is manifest to the said Secretary that the maritime or commercial interests of the United States require such anchorage grounds for safe navigation and the establishment of such an- chorage grounds shall have been recommended by the Chief of Engineers, and to adopt suitable rules and regulations in relation thereto; and such rules and regulations shall be enforced by the Coast Guard under the direction of the Sec- retary of Transportation: Provided, That at ports or places where there is no Coast Guard vessel available such rules and regulations may be en- forced by the Chief of Engineers under the direc- tion of the Secretary of Homeland Security. In the event of the violation of any such rules and regulations by the owner, master, or person in charge of any vessel, such owner, master, or per-