Title 33Navigation and Navigable WatersRelease 119-73not60

§3841 Prohibitions

Title 33 › Chapter 51— CLEAN HULLS › Subchapter III— PROHIBITIONS AND ENFORCEMENT AUTHORITY › § 3841

Last updated Apr 5, 2026|Official source

Summary

People must not break the rules in this chapter or its regulations. No one may sell or ship organotin or antifouling coatings that contain organotin. No one may make, process, or use organotin to make those coatings. No one may put an organotin antifouling coating on a vessel covered by these rules. After the Convention enters into force for the United States, people must not use an antifouling system on covered vessels in ways that violate that Convention. No vessel may have an organotin antifouling coating on its hull or outer surface unless it has an overcoat that prevents organotin from leaching, no matter when the coating was applied. That rule does not apply to fixed or floating platforms, FSUs, or FPSOs built before January 1, 2003, if they have not been in dry dock on or after that date. It also does not apply when an agreement with the Administrator sets an earlier ban or cancellation date, or for organotin used only in sonar domes or conductivity sensors in oceanographic instruments.

Full Legal Text

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 3841

Title 33Navigation and Navigable Waters

Last Updated

Apr 5, 2026

Release point: 119-73not60