Page:United States Statutes at Large Volume 92 Part 2.djvu/194

 92 STAT. 1474

PUBLIC LAW 95-474^0CT. 17, 1978

Federal Register a notice that no designation is contemplated as a result of the study and the reason for such determination, "(5) In connection with a designation made pursuant to this subsection, the Secretary— Rules and "(A) shall issue reasonable rules and regulations governing regulations. the use of such designated areas, including the applicability of rules 9 and 10 of the International Regulations for Preventing 28 UST 3459. Collisions at Sea, 1972, relating to narrow channels and traffic separation schemes, respectively, in waters where such regulations apply; "(B) to the extent that he finds reasonable and necessary to effectuate the purposes of the designation, make the use of designated fairways and traffic separation schemes mandatory for specific types and sizes of vessels, foreign and domestic, operating in the territorial sea of the United States and for specific types and sizes of vessels of the United States operating on the high seas ' beyond the territorial sea of the United States; Adjustment. "(C) may, from time to time, as necessary, adjust the location or limits of designated fairways or traffic separation schemes, in order to accommodate the needs of other uses which cannot be reasonably accommodated otherwise: Provided, That such an adjustment will not, in the judgment of the Secretary, unacceptably "' adversely affect the purpose for which the existing designation was made and the need for which continues; and Notice and "(D) shall, through appropriate channels, (i) notify cognizant cooperation. international organizations of any designation, or adjustment thereof, and (ii) take action to seek the cooperation of foreign States in making it mandatory for vessels under their control to use any fairway or traffic separa*^ion scheme designated pursuant to this subsection in any area of the high seas, to the same extent as required by the Secretary for vessels of the United States. "(d) EXCEPTION.—Except pursuant to international treaty, convention, or agreement, to which the United States is a party, this Act shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in— "(1) innocent passage through the territorial sea of the United • ' ' States, or "(2) transit through the navigable waters of the United States which form a part of an international strait. 33 USC 1224.

"SEC. 5. CONSIDERATIONS BY SECRETARY.

"In carrying out his duties and responsibilities under section 4, the Secretary shall— "(a) take into account all relevant factors concerning navigation and vessel safety and protection of the marine environment, including but not limited to— "(1) the scope and degree of the risk or hazard involved; "(2) vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, poten! tial interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors; "(3) port and waterway configurations and variations in local conditions of geography, climate, and other similar factors;

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