1998 Year of the Ocean Perspectives on Marine Environmental Quality 



Act to Prevent Pollution from Ships , as amended, (APPS), 33 U.S.C. §§ 1901 et seq. 



a. Oil and Noxious Liquid Substances. 



The Act to Prevent Pollution from Ships as originally enacted implemented Protocols I and 11, and 

 Annexes I and II, of the International Convention for the Prevention of Pollution from Ships, 1973, 

 as modified by the Protocol of 1978 (MARPOL). Annex 1 of MARPOL establishes requirements to 

 prevent the discharge of oil except in accordance with specific conditions. Annex 11 provisions 

 cover the discharge of noxious liquid substances. (Annex III, which addresses the prevention of 

 pollution by harmfril substances carried by sea in packaged forms, or in freight containers, portable 

 tanks or road and rail wagons, is implemented by the hazardous material transportation acts, 49 

 U.S.C. §§ 5101 et seq.. inter alia .) 



APPS applies to all U.S. flag ships anywhere in the world and to all foreign flag vessels operating 

 in the navigable waters of the United States or while at a port or terminal under the jurisdiction of 

 the United States. The oil and noxious liquid substances provisions apply only to seagoing ships. 

 The regulations implementing Annex 1 and Annex II of MARPOL limit discharges of oil and 

 noxious substances, establish report requirements for discharges, and establish specific 

 requirements for monitoring equipment and record keeping aboard vessels. In particular, the 

 regulations require that vessels covered by APPS and MARPOL keep Oil Record Books in which 

 all discharges, disposal and transfers of oil are kept. 



b. Garbage and Plastics. 



APPS was amended by the Marine Plastic Pollution Research and Control Act of 1987, which 

 implemented the provisions of Annex V of MARPOL relating to garbage and plastics. Annex V of 

 MARPOL and the regulations implementing it apply to all vessels, whether seagoing or not, 

 regardless of flag on the navigable waters of the United States and in the exclusive economic zone 

 of the United States. It applies to U.S. flag vessels wherever they are located. 



Under the regulations implementing APPS, the discharge of plastics, including synthetic ropes, 

 fishing nets, plastic bags and biodegradable plastics, into the water is prohibited. Discharge of 

 floating dunnage, lining and packing materials is prohibited in the navigable waters and in areas 

 offshore less than 25 nautical miles from the nearest land. Food waste or paper, rags, glass, metal, 

 bottles, crockery and similar reftase cannot be discharges in the navigable waters or in waters 

 offshore inside 12 nautical miles from the nearest land. Finally, food waste, paper, rags, glass, and 

 similar refuse cannot be discharged in the navigable waters or in waters offshore inside three 

 nautical miles from the nearest land. There are some exceptions for emergencies. Under APPS. the 

 definition of ship includes fixed or floating platforms. There are separate garbage discharge 

 provisions applicable to these units. For these platforms, and for any ship within 500 meters of 

 these platforms, disposal of all types of garbage is prohibited. Additionally, all manned, oceangoing 

 U.S. flag vessels of 12.2 meters or more in length engaged in commerce, and all manned fixed or 

 floating platforms subject to the jurisdicfion of the United States, are required to keep records of 

 garbage discharges and disposals. 



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