§3841 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

It is illegal to break this chapter or its rules, to sell or ship organotin or antifouling products that contain organotin, to make or use organotin to create those products, or to put those products on vessels covered by the chapter. After the Convention takes effect for the United States, it is also illegal to use an antifouling system on a covered vessel in a way that conflicts with the Convention. No vessel may have an organotin antifouling coating on its hull or outer surface unless it has a topcoat that stops organotin from leaching. That topcoat rule does not apply to fixed or floating platforms, FSUs, or FPSOs built before January 1, 2003 that have not been in dry dock on or after that date. Exceptions also exist under an agreement with the Administrator that sets an earlier ban, and for organotin used only for sonar domes or conductivity sensors in oceanographic instruments.

Title 33, §3841

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, it is unlawful for any person—

(1)to act in violation of this chapter, or any regulation prescribed under this chapter;

(2)to sell or distribute in domestic or international commerce organotin or an antifouling system containing organotin;

(3)to manufacture, process, or use organotin to formulate an antifouling system;

(4)to apply an antifouling system containing organotin on any vessel to which this chapter applies; or

(5)after the Convention enters into force for the United States, to apply or otherwise use in a manner inconsistent with the Convention, an antifouling system on any vessel that is subject to this chapter.

(b)Except as provided in subsection (c), no vessel shall bear on its hull or outer surface any antifouling system containing organotin, regardless of when such system was applied, unless that vessel bears an overcoating which forms a barrier to organotin leaching from the underlying antifouling system.

(c)(1)Subsection (b) does not apply to fixed or floating platforms, FSUs, or FPSOs that were constructed prior to January 1, 2003, and that have not been in dry dock on or after that date.

(2)This section does not apply to—

(A)the sale, distribution, or use pursuant to any agreement between the Administrator and any person that results in an earlier prohibition or cancellation date than specified in this chapter; or

(B)the manufacture, processing, formulation, sale, distribution, or use of organotin or antifouling systems containing organotin used or intended for use only for sonar domes or in conductivity sensors in oceanographic instruments.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1), (4), (5) and (c)(2)(A), was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.

§3841 Prohibitions

Summary

Title 33, §3841

Notes & Related Subsidiaries

Editorial Notes

References in Text

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