Title 33 — Navigation and Navigable Waters
Chapter 28 — Pollution Casualties on the High Seas: United States Intervention
§ 1473. Consultations and determinations respecting creation of hazards to human health, etc.; criteria for determinations respecting grave and imminent dangers of major harmful consequences to United States coastline or related interests
Statutory text
The Secretary, after consultation with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, shall determine when a substance other than those enumerated in the protocol is liable to create a hazard to human health, to harm living resources, to damage amenities, or to interfere with other legitimate uses of the sea.
In determining whether there is grave and imminent danger of major harmful consequences to the coastline or related interests of the United States, the Secretary shall consider the interests of the United States directly threatened or affected including but not limited to, human health, fish, shellfish, and other living marine resources, wildlife, coastal zone and estuarine activities, and public and private shorelines and beaches.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Intervention on the High Seas Act
Pub. L. 93–248 § 4 · [88 Stat. 8]
Enacted · 33 U.S.C. § 1473
Pub. L. 93–248, § 4, Feb. 5, 1974, 88 Stat. 9
Source evidence
Code source credit
Pub. L. 93–248, § 4, Feb. 5, 1974, 88 Stat. 9Enacted provision · exact public law section
Sec. 4. In determining whether there is grave and imminent danger 33 USC 1473. of major harmful consequences to the coastline or related interests of the United States, the Secretary shall consider the interests of the United States directly threatened or affected including but not limited to, fish, shellfish, and other living marine resources, wildlife, coastal zone and estuarine activities, and public and private shorelines and beaches.Pub. L. 95–302 § 1(3) · 92 Stat. 344
Added · 33 U.S.C. § 1473
Pub. L. 95–302 added subsec. (a)
Amended · 33 U.S.C. § 1473
Pub. L. 95–302 designated existing provisions as subsec. (b)
Inserted · 33 U.S.C. § 1473
Pub. L. 95–302 inserted “human health,” before “fish”
Source evidence
Code amendment note
Pub. L. 95–302 added subsec. (a), designated existing provisions as subsec. (b), and inserted “human health,” before “fish”.Enacted provision · exact public law section
(1) Section 2 is amended to read as follows: “Sec. 2. As used in this Act— “(1) ‘a substance other than convention oil’ means those oils, noxious substances, liquefied gases, and radioactive substances— “(A) enumerated in the protocol, or “(B) otherwise determined to be hazardous under section 4(a); “(2) ‘convention’ means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, including annexes thereto: “(3) ‘convention oil’ means crude oil, fuel oil, diesel oil, and lubricating oil; “(4) ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating; “(5) ‘ship’ means— “(A) a seagoing vessel of any type whatsoever, and “(B) any floating craft, except an installation or device engaged in the exploration and exploitation of the resources of the seabed and the ocean floor and the subsoil thereof; “(6) ‘protocol’ means the Protocol Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other Than Oil, 1973, including annexes thereto; and “(7) ‘United States’ means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mananas, and any other commonwealth, territory, or possession of the United States.”.Effective date note
For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title.
4 of 4 references resolved to an enrolled provision
Editorial Notes
Amendments
1978—Pub. L. 95–302 added subsec. (a), designated existing provisions as subsec. (b), and inserted “human health,” before “fish”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title.
Credits
1974–1978 · 2 acts
- 1974Pub. L. 93–248, § 4, , 88 Stat. 9
- 1978Pub. L. 95–302, § 1(3), , 92 Stat. 344.
Show as published
(Pub. L. 93–248, § 4, , 88 Stat. 9; Pub. L. 95–302, § 1(3), , 92 Stat. 344.)