Page:United States Statutes at Large Volume 94 Part 2.djvu/1019

 PUBLIC LAW 96-478—OCT. 21, 1980 Public Law 96-478 96th Congress

94 STAT. 2297

An Act

To implement the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Act to Prevent Pollution from Ships". SEC. 2. Unless the context indicates otherwise, as used in this Act— (1) "MARPOL Protocol" means the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, done at London on February 17, 1978. This Protocol incorporates and modifies the International Convention for the Prevention of Pollution from Ships, 1973, done at London on November 2, 1973; (2) "Convention" means the International Convention for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I and II attached thereto; (3) "discharge" and "harmful substance" and "incident" shall have the meanings provided in the Convention; (4) "owner" means any person holding title to, or in the absence of title, any other indicia of ownership of, a ship or terminal, but does not include a person who, without participating in the management or operation of a ship or terminal, holds indicia of ownership primarily to protect a security interest in the ship or terminal; (5) "operator" means— (a) in the case of a ship, a charterer by demise or any other person, except the owner, who is responsible for the operation, manning, victualing, and supplying of the vessel, or (b) in the case of a terminal, any person, except the owner, responsible for the operation of the terminal by agreement with the owner; (6) "person" means an individual, firm, public or private corporation, partnership, association. State, municipality, commission, political subdivision of a State, or any interstate body; (7) "Secretary" means the Secretary of the department in which the Coast Guard is operating; (8) "ship" means a vessel of any type whatsoever, including hydrofoils, air-cushion vehicles, submersibles, floating craft whether self-propelled or not, and fixed or floating platforms; and (9) "terminal" means an onshore facility or an offshore structure located in the navigable waters of the United States or subject to the jurisdiction of the United States and used, or intended to be used, as a port or facility for the transfer or other handling of a harmful substance. SEC. 3. (a) This Act applies to— (1) a ship of United States registry or nationality, or one operated under the authority of the United States, wherever located;

Oct. 21, 1980 [H.R. 6665] Act to Prevent Pollution from Ships. 33 USC 1901 note. Definitions. 33 USC 1901.

Applicability. 33 USC 1902.

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