The final step in the ratification process is depositing 

 the instrument of ratification with the Secretariat of the 

 International Maritime Organization. However, it is U.S. 

 policy not to deposit such an instrument unless domestic 

 legislation is in place to implement the provisions of an 

 agreement, and existing U.S. law did not provide clear authority 

 to regulate disposal of garbage by ships as set forth in 

 Annex V. 



To address this need, the House of Representatives and 

 the Senate passed H.R. 3674 on 18-19 December 1987. Title II 

 of the bill, entitled the "Marine Plastic Pollution Research 

 and Control Act of 1987," amended the Act to Prevent Pollution 

 from Ships so as to provide authority in the United States to 

 implement Annex V reguirements. The bill was signed into law 

 on 29 December 1987 and, on 30 December 1987, the President 

 transmitted the U.S. instrument of ratification to the Secretary 

 of the International Maritime Organization. In doing so, the 

 United States became the thirty-first nation to ratify Annex 

 V. As a result, MARPOL's reguirements for Annex V entry into 

 force were met, and a one-year period was begun during which 

 contracting governments were to develop their respective 

 domestic programs to implement the Annex's provisions. 



The implementing legislation passed by Congress in December 

 1987 (the amended Act to Prevent Pollution from Ships) became 

 effective on 31 December 1988. The U.S. Coast Guard has 

 responsibility for administering and enforcing the Act's new 

 provisions and, on 24 June 1988, the Coast Guard published a 

 notice in the Federal Register reguesting comments on its 

 intention to draft rules pursuant to the implementing legis- 

 lation. Among other things, the notice indicated that Coast 

 Guard regulations would address discharge reguirements, criteria 

 for the adeguacy of reguired port reception facilities for 

 garbage returned to port, enforcement, and penalties. It 

 also noted that its rules would not address reguirements 

 related to "Special Area" status for the Gulf of Mexico because 

 that designation, which would reguire amending Annex V, had 

 not yet been adopted under MARPOL. 



The Commission, in consultation with its Committee of 

 Scientific Advisors, reviewed the Federal Register notice 

 and, by letter of 25 July 1988, forwarded comments to the 

 Coast Guard. In its letter, the Commission noted that marine 

 mammals and other species of marine life may be killed or 

 injured by entanglement in or ingestion of debris lost or 

 discarded from ships. Thus, it noted that entry into force 

 of Annex V and implementation of the amended Act are important 

 steps to address the global problems created by marine debris 

 in general and plastic debris in particular. 



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