§1442 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Commerce Secretary must start, within six months of October 23, 1972, a broad, ongoing research program to study the long-term effects of pollution, overfishing, and human changes to ocean ecosystems. The work must include scientific study of damage from oil and petroleum spills. The Secretary must work closely with other federal agencies, consider international policies and economic factors, and try to protect the oceans for future generations. The program must complement other federal efforts under subchapter I and section 1443 and be consistent with the plan in section 1703. The research must develop and test ways to measure marine damage, figure out how much the ocean can take without harm, run continuing monitoring (such as bottom oxygen, contaminant levels, diseases in fish and shellfish, and indicator species), and create methods and equipment for safer waste disposal. Under the President’s foreign policy guidance and treaties, the Secretary may work alone or with other nations and must share results. Federal agencies must cooperate and, when possible, let the Secretary use their staff, services, and facilities, including the Coast Guard, through inter-agency agreements.

Title 33, §1442

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)The Secretary of Commerce, in close consultation with other appropriate Federal departments, agencies, and instrumentalities shall, within six months of October 23, 1972, initiate a comprehensive and continuing program of research with respect to the possible long-range effects of pollution, overfishing, and man-induced changes of ocean ecosystems. These responsibilities shall include the scientific assessment of damages to the natural resources from spills of petroleum or petroleum products. In carrying out such research, the Secretary of Commerce shall take into account such factors as existing and proposed international policies affecting oceanic problems, economic considerations involved in both the protection and the use of the oceans, possible alternatives to existing programs, and ways in which the health of the oceans may best be preserved for the benefit of succeeding generations of mankind.

(2)The Secretary of Commerce shall ensure that the program under this section complements, when appropriate, the activities undertaken by other Federal agencies pursuant to subchapter I and section 1443 of this title. That program shall include but not be limited to—

(A)the development and assessment of scientific techniques to define and quantify the degradation of the marine environment;

(B)the assessment of the capacity of the marine environment to receive materials without degradation;

(C)continuing monitoring programs to assess the health of the marine environment, including but not limited to the monitoring of bottom oxygen concentrations, contaminant levels in biota, sediments, and the water column, diseases in fish and shellfish, and changes in types and abundance of indicator species;

(D)the development of methodologies, techniques, and equipment for disposal of waste materials to minimize degradation of the marine environment.

(3)The Secretary of Commerce shall ensure that the comprehensive and continuing research program conducted under this subsection is consistent with the comprehensive plan for ocean pollution research and development and monitoring prepared under section 1703 11 See References in Text note below. of this title.

(b)In carrying out his responsibilities under this section, the Secretary of Commerce, under the foreign policy guidance of the President and pursuant to international agreements and treaties made by the President with the advice and consent of the Senate, may act alone or in conjunction with any other nation or group of nations, and shall make known the results of his activities by such channels of communication as may appear appropriate.

(c)Each department, agency, and independent instrumentality of the Federal Government is authorized and directed to cooperate with the Secretary of Commerce in carrying out the purposes of this section and, to the extent permitted by law, to furnish such information as may be requested.

(d)The Secretary of Commerce, in carrying out his responsibilities under this section, shall, to the extent feasible utilize the personnel, services, and facilities of other Federal departments, agencies, and instrumentalities (including those of the Coast Guard for monitoring purposes), and is authorized to enter into appropriate inter-agency agreements to accomplish this action.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1703 of this title, referred to in subsec. (a)(3), was repealed by Pub. L. 102–567, title II, § 204, Oct. 29, 1992, 106 Stat. 4282.

Amendments

1988—Subsec. (a)(3). Pub. L. 100–627 added par. (3). 1986—Subsec. (a). Pub. L. 99–272, § 6062(1)–(3), designated existing provisions as par. (1), substituted “in close consultation” for “in consultation”, and added par. (2). Subsec. (c). Pub. L. 99–272, § 6062(4), redesignated subsec. (d) as (c), and struck out former subsec. (c) which required the Secretary of Commerce to make an annual report to Congress, in March of each year, on the results of activities undertaken by him pursuant to this section during the previous fiscal year, and to include in that report the report to Congress required by section 665 of title 16 on activities of the Department of Commerce under that section. Subsecs. (d), (e). Pub. L. 99–272, § 6062(4), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). 1980—Subsec. (a). Pub. L. 96–381 inserted provision including within the responsibilities of the Secretary the scientific assessment of damages to natural resources from spills of petroleum or petroleum products. Subsec. (c). Pub. L. 96–470 inserted provision requiring the Secretary to include in his annual report the report on activities of the Department of Commerce under section 665 of title 16. 1975—Subsec. (c). Pub. L. 94–62 substituted “March” for “January”.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§1442 Research Program Respecting Possible Long-range Effects of Pollution, Overfishing, and Man-induced Changes of Ocean Ecosystems