USC Subchapter III

in effect

33 U.S.C. § 3841 Prohibitions

(a) In generalNotwithstanding any other provision of law, it is unlawful for any person—(1) to act in violation of this chapter, or any regulation prescribed under this chapter; (2) to sell or distribute in domestic or international commerce organotin or an antifouling system containing organotin; (3) to manufacture, process, or use organotin to formulate an antifouling system; (4) to apply an antifouling system containing organotin on any vessel to which this chapter applies; or (5) after the Convention enters into force for the United States, to apply or otherwise use in a manner inconsistent with the Convention, an antifouling system on any vessel that is subject to this chapter. (b) Vessel hullsExcept as provided in subsection (c), no vessel shall bear on its hull or outer surface any antifouling system containing organotin, regardless of when such system was applied, unless that vessel bears an overcoating which forms a barrier to organotin leaching from the underlying antifouling system. (c) Limitations(1) Excepted vesselSubsection (b) does not apply to fixed or floating platforms, FSUs, or FPSOs that were constructed prior to January 1, 2003, and that have not been in dry dock on or after that date. (2) Sale, manufacture, etc.This section does not apply to—(A) the sale, distribution, or use pursuant to any agreement between the Administrator and any person that results in an earlier prohibition or cancellation date than specified in this chapter; or (B) the manufacture, processing, formulation, sale, distribution, or use of organotin or antifouling systems containing organotin used or intended for use only for sonar domes or in conductivity sensors in oceanographic instruments.

33 U.S.C. § 3842 Investigations and inspections by Secretary

(a) In generalThe Secretary may conduct investigations and inspections regarding a vessel’s compliance with this chapter or the Convention. (b) Violations; subpoenas(1) In generalIn any investigation under this section, the Secretary may issue a subpoena to require the attendance of a witness or the production of documents or other evidence if—(A) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with a criminal investigation; and (B) the Attorney General—(i) determines that the subpoena will not interfere with a criminal investigation; or (ii) fails to make a determination under clause (i) before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A). (2) EnforcementIn the case of refusal to obey a subpoena issued to any person under this subsection, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance. (c) Further actionOn completion of an investigation, the Secretary may take whatever further action the Secretary considers appropriate under the Convention or this chapter. (d) CooperationThe Secretary may cooperate with other parties to the Convention in the detection of violations and in enforcement of the Convention. Nothing in this section affects or alters requirements under any other laws.

33 U.S.C. § 3843 EPA enforcement

(a) Inspections, subpoenas(1) In generalFor purposes of enforcing this chapter or any regulation prescribed under this chapter, officers or employees of the Environmental Protection Agency or of any State designated by the Administrator may enter at reasonable times any location where there is being held or may be held organotin or any other substance or antifouling system regulated under the Convention, for the purpose of inspecting and obtaining samples of any containers or labeling for organotin or other substance or system regulated under the Convention. (2) Subpoenas(A) In generalIn any investigation under this section, the Administrator may issue a subpoena to require the attendance of a witness or the production of documents or other evidence if—(i) before the issuance of the subpoena, the Administrator requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with a criminal investigation; and (ii) the Attorney General—(I) determines that the subpoena will not interfere with a criminal investigation; or (II) fails to make a determination under subclause (I) before the date that is 30 days after the date on which the Administrator makes a request under clause (i). (B) EnforcementIn the case of refusal to obey a subpoena issued to any person under this paragraph, the Administrator may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance. (b) Stop manufacture, sale, use, or removal ordersConsistent with section 3803 of this title, whenever any organotin or other substance or system regulated under the Convention is found by the Administrator and there is reason to believe that a manufacturer, seller, distributor, or user has violated or is in violation of any provision of this chapter, or that such organotin or other substance or system regulated under the Convention has been or is intended to be manufactured, distributed, sold, or used in violation of this chapter, the Administrator may issue a stop manufacture, sale, use, or removal order to any person that owns, controls, or has custody of such organotin or other substance or system regulated under the Convention. After receipt of that order the person may not manufacture, sell, distribute, use, or remove the organotin or other substance or system regulated under the Convention described in the order except in accordance with the order.

33 U.S.C. § 3844 Additional authority of the Administrator

The Administrator, in consultation with the Secretary, may establish, as necessary, terms and conditions regarding the removal and disposal of antifouling systems prohibited or restricted under this chapter.