§1509 Marine Environmental Protection and Navigational Safety

Summary

The Secretary must write and enforce rules, under recognized principles of international law and with adequate chances for public input, about how deepwater ports are run. These rules cover vessel movement, loading and unloading, anchorage marking, maintenance, law enforcement, and the equipment, training, and upkeep needed. The rules must prevent pollution, provide for cleanup if pollutants are released, and reduce harmful effects from building and operating the port. The Secretary must also set and enforce rules for lights, warning devices, safety gear, and other measures to protect life and property near the port. If a port operator does not mark a port part as required, the Secretary will mark it and the operator must pay the cost. The Secretary must, after consulting the Secretary of the Interior, the Secretary of Commerce, the Secretary of State, and the Secretary of Defense and following international law, set a safety zone of proper size around any deepwater port to protect navigation. The zone will bar uses that conflict with the port and will define allowed activities. For any proposed port, the Secretary must establish that safety zone within 30 days after publication of the notice under section 1504(c). The Secretary may also set safety zones and rules that apply during the port’s construction.