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GCIL HOME HOT TOPICS PAPAHANAUMOKUAKEA MONUMENT R.M.S. TITANIC SIGNIFICANT ISSUES AND DEVELOPMENTS REFERENCES SUBJECT AREAS: Select One Subject Areas home Case Zablocki Intl. Hydrographic Org. Japanese Midget Sub Marine Mammals Marine Pollution Marine Sanctuaries NEPA, Extra. Appl. ACRONYMS EXTERNSHIPS ATTORNEY BIOGRAPHIES

SIGNIFICANT ISSUES AND DEVELOPMENTS The Office of General Counsel for International Law Maritime Pollution Prevention Act of 2008 On July 21, 2008, President Bush signed into law H.R. 802, the "Maritime Pollution Prevention Act of 2008." The President's signature allows the U.S. to become a Party to Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL). Under MARPOL Annex VI, which addresses vessel air pollution, large diesel-powered, ocean-going vessels such as container ships, tankers, cruise ships and bulk carriers must limit their emission of nitrogen oxides (NOx) and use cleaner-burning fuels to reduce their sulfur dioxide (SO2) emissions. Annex VI Parties may also designate areas off their coasts -- called SO2 emission control areas or SECAS -- where more stringent fuel controls apply. GCIL played an important role in negotiating MARPOL Annex VI, which entered into force in May 2005. Additional reference information: White House News Release (July 21, 2008). Available for download. NOAA Press Release. Available for download. U.S. Environmental Protection Agency (EPA) Press Release (July 22, 2008). Available for download. U.S. Coast Guard (USCG) Press Release. Available for download. U.S. Senate Committee on Commerce, Science, & Transportation Press Release (July 22, 2008). Available for download. IMO Press Release (October 9, 2008) announcing that the U.S. has deposited its instrument of ratification. Available for download. IMO Circular Noting U.S. Ratification of MARPOL Annex VI (Oct. 15, 2008) H.R. 802 as passed by the House and Senate Report of the Senate Committee on Commerce, Science & Transportation. S. Rept. 110-394 (Sept. 23, 2008). Report of the House Committee on Transportation and Infrastructure. H. Rept. 109-667. (Sept. 19, 2006). Senate Foreign Relations Committee Report and Proposed Resolution of Accession to MARPOL Annex VI Ex. Rept. 109-13. (March 30, 2006). Congressional Record-Senate. (March 30, 2006). Congressional Record-House.(July 8, 2008). The International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001 The International Convention on the Control of Harmful Anti-Fouling Systems on Ships entered into force on September 17, 2008. Adopted under the auspices of the International Maritime Organization on October 5, 2001, the AFS Convention was signed by the United States on December 12, 2002, and President Bush transmitted it to the Senate for its advice and consent on January 23, 2008. The Senate Foreign Relations Committee reported a proposed resolution of ratification with two declarations on July 29, 2008, and the full Senate approved the proposed resolution of ratification on September 26, 2008. The Convention, which NOAA played an important role in negotiating and developing, bans the application or use of tributyltin (an anti-fouling agent used on the hulls of ships to prevent the growth of marine organisms), calls for its removal from existing anti-fouling systems by January 1, 2008, and establishes a detailed and science-based framework for considering future restrictions on antifouling systems. Anti-fouling systems are necessary to increase vessel fuel efficiency and minimize the transport of hull-borne species but such systems can also have an adverse impact on the marine environment. In the early days of shipping, ships' hulls were coated with lime and later arsenic. These substances slowly leached out to kill marine organisms that had attached themselves to the hulls. However, they persisted in seawater damaging the marine environment. The Administration's proposed implementing legislation, a revision and replacement of the Organotin Anti-Fouling Paint Control Act of 1988, was submitted to Congress by EPA Administrator Stephen L. Johnson on February 14, 2008. As of October 1, 2008, the Convention has been ratified by 34 countries, with a combined 52.81 percent of world merchant shipping tonnage. Additional reference information: White House News Release (January 23, 2008) Senate Treaty Doc. 110-13 International Convention on the Control of Anti-Fouling Systems on Ships (adopted October 18, 2001) IMO web page on AFS Convention U.S. Proposed Implementing Legislation (February 14, 2008) Senate Foreign Relations Committee Report and Proposed Resolution of Ratification (with two declarations) to the AFS Convention, Ex. Rept. 110-19 (Sept. 11, 2008). Available for download. IMO Press Release announcing the entry into force of the Convention (September 16, 2008). Available for download. Congressional Record (Senate's advice and consent to ratification) (September 26, 2008). U.S. Accession to the Law of the Sea Convention On September 26, 2007, Secretary of Commerce Carlos M. Gutierrez sent a letter to the Chairman of the Senate Foreign Relations Committee urging favorable Senate action on U.S. accession to the Law of the Sea Convention during the 110th Congress. The letter, in which Secretary of the Interior Dirk Kempthorne joined, emphasized that the U.S. -- with the world's longest coastlines, some of its busiest ports, and the largest Exclusive Economic Zone (EEZ) of any country -- has economic and environmental stewardship interests in the oceans that are second to none, and that joining the Convention is in the nation's interest. Indeed, President Bush, other cabinet members, industry, environmental groups, academics, and others have voiced strong support for U.S. accession. The Senate Foreign Relations Committee held hearings on U.S. accession to the Law of the Sea Convention on September 27 and October 4, 2007. On October 31, 2007. by a vote of 17-4, the Committee voted in support of U.S. accession. On December 19, 2007, the Senate Foreign Relations Committee submitted its report and the resolution for advice and consent to the full Senate. A full Senate vote is expected this year. Additional reference information: Secretary of Commerce letter to Senate Foreign Relations Committee (September 26, 2007) United Nations Convention on the Law of the Sea (December 10, 1982) Senate Executive Report, 110th Congress, 1st Session, Exec. Rpt. 110-9 (December 19, 2007) Senate Executive Report, 108th Congress, 2nd Session, Exec. Rpt. 108-10 (March 11, 2004)