Title 46, ShippingRelease 119-102

§70004 Considerations by Secretary

Title 46 › Subtitle VII — Security and Drug Enforcement › CHAPTER 700 — PORTS AND WATERWAYS SAFETY › SUBCHAPTER I — VESSEL OPERATIONS › § 70004

Last updated Aug 21, 2026|Official source

Summary

When doing those duties, the Secretary must consider all important factors about navigation, ship safety, protecting the ocean, and keeping U.S. ports and waterways secure. That includes things like the level of risk; vessel traffic details (volume, size, type, unusual cargo, and effects on commercial flow); port and waterway layout and local conditions; possible exemptions for some small-vessel equipment; nearby fishing or oil and gas activity; environmental and economic effects; existing traffic services; and local practices. The Secretary must also consult early with maritime representatives, port and harbor authorities, environmental groups, and others who might be affected, and consider their views.

Full Legal Text

Title 46, §70004

Shipping, Source: USLM XML via OLRC

In carrying out the duties of the Secretary under section 70001, 70002, and 70003, the Secretary shall—

(1)take into account all relevant factors concerning navigation and vessel safety, protection 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 hazard involved;

(B)vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, 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 devices 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 representatives of the maritime community, ports and harbor authorities or associations, environmental groups, and other persons who may be affected by the proposed actions.

Reference

Citations & Metadata

Citation

46 U.S.C. § 70004

Title 46, Shipping

Last Updated

Aug 21, 2026

Release point: 119-102