663 



§ 1001. Definitions. 



As used in this chapter, unless the context other- 

 wise requires — 



(a) The term "convention" means the Interna- 

 tional Convention for the Prevention of the Pollution 

 of the Sea by Oil. 1954, as amended; 



(b) The term "discharge" in relation to oil or to 

 an oily mixture means any discharge or escape how- 

 soever caused; 



<c) The term "instantaneous rate of discharge of 

 oil content" means the rate of discharge of oil in 

 liters per hour at any instant divided by the speed 

 of the ship in knots at the same instant; 



(d) The term "heavy diesel oil" means diesel oil, 

 other than those distillates of which more than 50 

 per centum, by volume distills at a temperature not 

 exceeding three hundred and forty degrees centi- 

 grade when tested by American Society for Testing 

 and Materials standard method D. 86/ 59 ; 



(e) The term "mile" means a nautical mile of six 

 thousand and eighty feet or one thousand eight 

 hundred and fifty-two meters; 



(f ) The term "oil" means crude oil. fuel oil, heavy 

 diesel oil, and lubricating oil, and "oily" shall be con- 

 strued accordingly; an "oily mixture" means a mix- 

 ture with any oil content; 



(g) The term "person" means an individual, part- 

 nership, corporation, or association; and any owner, 

 operator, agent, master, officer or employee of a 

 ship; 



(h) The term "Secretary" means the Secretary of 

 the department In which the Coast Guard Is 

 operating; 



(1) The term "ship", subject to the exceptions pro- 

 vided in paragraph < 1 > of this subsection, means any 

 seagoing vessel of any type whatsoever of American 

 registry or nationality, including floating craft, 

 whether self-propelled or towed by another vessel 

 making a sea voyage; and "tanker", as a type in- 

 cluded within the term "ship", means a ship in which 

 the greater part of the cargo space is constructed or 

 adapted for the carriage of liquid cargoes in bulk and 

 which is not, for the time being, carrying a cargo 

 other than oil in that part of Its cargo .space. 



(1) 11^.0 followiiiK categories of vessels arc ex- 

 cepted from all provl.sioiis of thl.s chapter: 



(I) tankors of under one hundred and fifty tons 

 gro.ss lonnaye ;ind other .shli)s of under live hun- 

 dred tons r.ross tonnage. 



(II) ships for tlio time bt•lll^• ci;;;.ir.0(l lu the 

 v.li.illn;; lndu.->try whoii actually ciaployrd ou whai- 

 l!V; oijcvatlons. 



liii) ships (o: tlic ttmo beliii; pai l';ul,lnt; the 

 Gieat Lakes of Noitii America an,! their con- 

 nc'ctinn and tributary waters ns far east as the 

 lower exit of Saint I.aiiibcrt lock at Alontroal In 

 the Province of Quebec. Canada. 



(iv) naval ships and .ships for tlie time being 

 UKcd as naval au.xiliarios. 



( j ) The term "from the nearest land" means from 

 the baseline from which the territorial sea of the 

 territory in question is established in accordance 

 with the Geneva Convention on the Territorial Sea 



and the Contiguous Zone, 1958; except that, for the. 

 purpose of this chapter "from the nearest land" ofl 

 the northeastern coast of Australia means a line 

 drawn from a point on the coast of Australia in lati- 

 tude 11 degrees south, longitude 142 degrees 08 min- 

 utes east to a point in latitude 10 degrees 35 minutes 

 south, longitude 141 degrees 55 minutes east — 



thence to a point latitude 10 degrees 00 minutes 

 south, longitude 142 degrees 00 minutes east; 



thence to a point latitude 9 degrees 10 minutes 

 south, longitude 143 degrees 52 minutes east; 



thence to a point latitude 9 degrees 00 minutes 

 south, longitude 144 degrees 30 minutes east; 



thence to a point latitude 13 degrees 00 minutes 

 south, longitude 144 degrees 00 minutes east; 



thence to a point latitude 15 degrees 00 minutes 

 south, longitude 146 degrees 00 minutes east; 



thence to a point latitude 18 degrees 00 minutes 

 south, longitude 147 degrees 00 minutes east; 



thence to a point latitude 21 degrees 00 minutes 

 south, longitude 153 degrees 00 minutes east; 



thence to a point on the coast of Australia In lati- 

 tude 24 degrees 42 minutes south, longitude 153 de- 

 grees 15 minutes east. (As amended Pub. L. 93-119, 

 § 2(1) , Oct. 4, 1973, 87 Stat. 424.) 

 Amekdments 



1973— Subsec. (c). Pub. L. 93-119. §2(1)(C), added 

 subsec. (c). Former subsec. (c) redesignated (d). 



Subsec. (d). Pub. L. 93-119. §2(1)(B), (D), redesig- 

 nated former subsec. (c) as (d), and deleted the word 

 "marine" preceding "diesel oU" and substituted "Ameri- 

 can Society for Testing and Materials" for "American So- 

 ciety for the Testing of Materials", respectively. Former 

 subsec. (d) redesignated (e). 



Subsec. (e). Pub. L. 93-119, §2(1) (B), redesignated 

 former subsec. (d) as (e) . Former subsec. (e) redesignated 



(f). 



Subsec. (f). Pub. L. 93-119. §2(1)(B).(E), redesignated 

 former subsec. (e) as (f) and substituted "; an 'oily mix- 

 ture' means a mixture with any oil content;" for ". An 

 'oily mixture' means a mixture with an oil content of one 

 hundred parts or more in one million parts of mixture." 

 Former subsec. (f) redesignated (g). 



Subsec. (g). Pub.'L. 93-119, §2(1) (A), (B), repealed 

 former subsec. (g) which defined "prohibited zones" and 

 redesignated former subsec. (f) as (g). respectlveay. 



Subsec. (h). Pub. L. 93-119, §2(1)(F). substituted as 

 the definition for "Secretary" the "Secretary of the de- 

 partment in which the Coast Guard Is operating" for 

 "Secretary of Transportation". 



Subsec. (J). Pub. L. 93-119, §2(1)(G), inserted defini- 

 tion of "from the nearest land" off the northeastern coast 

 of Australia. 



§ 1002. Prohibition acrainst di.scharge of oil or oily mix- 

 tures; permissible discharges. 



Subject to the provisions of sections 1003 and 1004 

 of this title, the discharge of oil or oily mixture from 

 a ship is prohibited unless — 



(a) the ship is proceeding en route; and 



(b) the instantaneous rate of discharge of oil 

 content does not exceed sixty liters per mile, and 



(c) (1) for a ship, other than a tanker — 



(i) the oil content of the discharge is less than 

 one hundred parts per one million parts of the 

 mixture, and 



(ii) the discharge is made as far as practicable 

 from the nearest land ; 

 (2) for a tanker, except discharges from ma- 



