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Marine Pollution Laws
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The Ports and Waterways Safety Act
Scope: United States federal law Regulated Activities: Safety and traffic regulations for US ports and waterways Penalties: Non-compliance can result in fines, and the Act supports enforcement of other pollution-prevention laws.
The Water Pollution Control Act (Clean Water Act)
Scope: United States federal law Regulated Activities: Discharge of pollutants into US waters and quality standards for surface waters Penalties: Penalties include fines, imprisonment, or both.
The National Environmental Policy Act (NEPA)
Scope: United States federal law Regulated Activities: Any major federal actions significantly affecting the environment Penalties: Mainly procedural, failing to comply can lead to injunctions or require mitigation steps.
Oil Pollution Act of 1990 (OPA 90)
Scope: United States federal law Regulated Activities: Oil spills into navigable waters or adjoining shorelines Penalties: Liability for cleanup costs, damages, and civil and criminal penalties.
The Shipboard Oil Pollution Emergency Plan (SOPEP)
Scope: International requirement Regulated Activities: Preparedness for oil-pollution incidents on ships Penalties: Absence of a SOPEP can result in detention of ships and financial penalties.
The Basel Convention
Scope: International treaty Regulated Activities: Control of transboundary movements of hazardous wastes and their disposal Penalties: Violations can result in fines, remediation orders, and criminal sanctions.
The Stockholm Convention
Scope: International treaty Regulated Activities: Persistent organic pollutants (POPs) Penalties: Non-compliance can lead to international pressure and possible trade sanctions.
The London Dumping Convention (LDC)
Scope: International agreement Regulated Activities: Dumping waste and other matter into the sea Penalties: Permits for dumping are required and violations can lead to fines and other penalties.
Ballast Water Management Convention (BWM)
Scope: International convention Regulated Activities: Transfer of potentially invasive aquatic species through ships’ ballast water Penalties: Can include fines, detention of vessels, and additional control measures.
The Ocean Dumping Act
Scope: United States federal law Regulated Activities: Dumping material into US ocean waters Penalties: Penalties include fines and imprisonment for unlawful dumping.
The Convention on Biological Diversity (CBD)
Scope: International agreement Regulated Activities: Conservation of biological diversity, sustainable use of its components and fair sharing of benefits from genetic resources Penalties: Violators may face national enforcement measures and international criticism.
The Endangered Species Act (ESA)
Scope: United States federal law Regulated Activities: Conservation of endangered and threatened species and their habitats Penalties: Penalties include fines, imprisonment, and forfeiture of vessels and other equipment.
The Magnuson-Stevens Fishery Conservation and Management Act
Scope: United States federal law Regulated Activities: Fishing and fisheries management in federal waters Penalties: Includes monetary penalties, forfeiture of catch, permit sanctions, and vessel sanctions.
Protocol on Environmental Protection to the Antarctic Treaty
Scope: International agreement Regulated Activities: Environmental protection in Antarctica Penalties: Non-compliance may result in fines, cleanup actions, and diplomatic consequences.
The International Convention for the Prevention of Pollution from Ships (MARPOL)
Scope: International maritime regulation Regulated Activities: Pollution by oil, noxious liquids, harmful substances in packaged form, sewage, garbage, and air pollution from ships Penalties: Fines, detention of ships, and bans on offending ships entering ports.
The Antarctic Treaty
Scope: International treaty Regulated Activities: Disposal of waste and other human activities in the Antarctic region Penalties: Penalties are enforced through national mechanisms and can include fines and cleanup requirements.
The International Convention on the Control of Harmful Anti-Fouling Systems on Ships (AFS Convention)
Scope: International agreement Regulated Activities: Application of harmful anti-fouling systems on ships’ hulls Penalties: Can include warnings, fines, detention of vessels, and bans from ports.
The International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM Convention)
Scope: International agreement Regulated Activities: Management and control of ships' ballast water and sediments Penalties: Non-compliance can result in detention of the vessel, fines, and corrective measures.
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