Stellwagen Bank FEIS/MP Appendices Pa^ B5 



Finally, the CWA requires vessels to comply with marine sanitation regulations issued by EPA and enforced by 

 the USCG (33 USC § 1322). 



Rivers and Harbors Act of 1899 (RHA), 33 U.S.C. §§ 401 et seq. 



Section 10 (33 USC 403) prohibits the unauthorized obstruction of navigable waters of the United States. The 

 construction of any structure or any excavation or fdl activity in the navigable waters of the U.S. is prohibited 

 without a permit from the COE. Section 13 (33 U.S.C. 407) prohibits the discharge of refuse into navigable 

 waters of the U.S., but has been largely superseded by the CWA, discussed above. 



Ports and Waterwavs Safety Act (PWSA), 33 U.S.C. §§ 1231 et seg. 



The Ports and Waterways Safety Act (PWSA), as amended by the Port and Tanker Safety Act of 1978 ( and the 

 Oil Pollution Act of 1990), is designed to promote navigation and vessel safety and the protection of the marine 

 environment. The PWSA appUes both in state waters and the waters beyond out to 200 nautical miles. 



The PWSA authorizes the U.S. Coast Guard to construct, operate, maintain, improve or expand vessel traffic 

 services and control vessel traffic in ports, harbors, and other waters subject to congested vessel traffic. The Oil 

 Pollution Act of 1990 amends the PWSA to mandate that the USCG "require appropriate vessels which operate 

 in the area of a vessel traffic service to utilize or comply with that service." 



In addition to vessel traffic control, the U.S. Coast Guard regidates other navigational and shipping activities. 

 It has promulgated numerous regulations relating to vessel design, construction, and operation designed to 

 minimize the likelihood of an accident and reduce vessel source pollution. 



The 1978 amendments of the PWSA estabUsh a comprehensive program for regulating the design, construction, 

 operation, equipping, and banning of all tankers using U.S. ports to transfer oil and hazardous materials. These 

 requirements are, for the most part, in agreement with protocols (passed in 1978) to the International 

 Convention for the Prevention of Pollution from Ships, 1973, and the International Convention on Safety of Life 

 at Sea, 1974. 



The U.S. Coast Guard is also vested with the primary responsibility for maintaining boater s£ifety, including the 

 tasks of conducting routine vessel inspections and coordinating rescue operations. 



Under the PWSA, the Coast Guard estabhshes vessel traffic services and systems for ports, harbors and other 

 waters subject to congested vessel traffic. Within the area of the proposed Sanctuary, a vessel traffic separation 

 scheme (VTSS) has been established directly across Stellwagen Bank, to service the major port of Boston. 

 PWSA regulations also address vessel design, construction, and operation, and are designed to reduce vessel 

 accidents and vessel soiuce pollution. 



Act to Prevent Pollution from Ships (APPS), 33 U.S.C. §§ 1901 et ^eg. 



The International Convention for the Prevention of Pollution of the Sea by Oil, 1954, and the Oil Pollution Act 

 of 1961 have been superseded by the Internationjd Convention for the Prevention of Pollution from Ships, 1973, 

 as modified by the 1978 Protocol relating thereto (MARPOL 73/78) and implemented by the Act to Prevent 

 Pollution from Ships, 1980, as amended m 1982, 1987 (APPS). APPS, in implementing Annex I of MARPOL 

 73/78, regulates the discharge of oil and oily mixtures from seagoing ships, including oil tjmkers. APPS, in 

 implementing Annex II of MARPOL 73/78, regulates the discharge of noxious Uquid substances from seagoing 

 ships. Enforcement of the Act is the responsibility of the USCG. 



