[USC02] 46 USC Ch. 803: ICE AND DERELICTS
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46 USC Ch. 803: ICE AND DERELICTS
From Title 46—SHIPPINGSubtitle VIII—Miscellaneous

CHAPTER 803—ICE AND DERELICTS

Sec.
80301.
International agreements.
80302.
Patrol services.
80303.
Speed of vessel in ice region.
80304.
Limitation on ice patrol data.

        

Amendments

2014Pub. L. 113–281, title III, §314(b), Dec. 18, 2014, 128 Stat. 3049, added item 80304.

§80301. International agreements

(a) General Authority.—The President may make agreements with interested maritime countries to—

(1) maintain in the North Atlantic Ocean a service of ice patrol, of study and observation of ice and current conditions, and of assistance to vessels and their crews requiring assistance within the limits of the patrol;

(2) maintain a service of study and observation of ice and current conditions in the waters affecting the set and drift of ice in the North Atlantic Ocean; and

(3) take all practicable steps to ensure the destruction or removal of derelicts in the northern part of the Atlantic Ocean, east of the line drawn from Cape Sable to a point in latitude 34 degrees north, longitude 70 degrees west, if the destruction or removal is necessary.


(b) Payment Between Countries.—The President may include in an agreement under subsection (a) a provision for—

(1) payment to the United States Government by other countries for their proportionate share of the expense of maintaining the services; or

(2) contribution by the Government for its proportionate share if the agreement provides for another country to maintain the services.


(c) Payments.—Payments received pursuant to subsection (b)(1) shall be credited to the appropriation for operating expenses of the Coast Guard.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1692; Pub. L. 113–281, title III, §314(a)(1), Dec. 18, 2014, 128 Stat. 3049.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80301 46 App.:738. June 25, 1936, ch. 807, §1, 49 Stat. 1922.

Amendments

2014—Subsec. (c). Pub. L. 113–281 added subsec. (c).

Effective Date of 2014 Amendment

Pub. L. 113–281, title III, §314(c), Dec. 18, 2014, 128 Stat. 3049, provided that: "This section [enacting section 80304 of this title and amending this section and section 80302 of this title] shall take effect on January 1, 2017."

§80302. Patrol services

(a) General Requirements.—Unless the agreements made under section 80301 of this title provide otherwise, an ice patrol shall be maintained during the entire ice season in guarding the southeastern, southern, and southwestern limits of the region of icebergs in the vicinity of the Grand Banks of Newfoundland. The patrol shall inform trans-Atlantic and other passing vessels by radio and other available means of the ice conditions and the extent of the dangerous region. During the ice season, there shall be maintained a service of study of ice and current conditions, a service of providing assistance to vessels and crews requiring assistance, and a service of removing and destroying derelicts. Any of these services may be maintained during the remainder of the year as may be advisable.

(b) Warnings to Vessels.—The ice patrol shall warn any vessel known to be approaching a dangerous area and recommend safe routes.

(c) Recording and Reporting Incidents.—

(1) Recording.—The ice patrol shall record the name of a vessel and the facts of the case when the patrol observes or knows that the vessel—

(A) is on other than a regular recognized or advertised route crossing the North Atlantic Ocean;

(B) has crossed the fishing banks of Newfoundland north of latitude 43 degrees north during the fishing season; or

(C) has passed through regions known or believed to be endangered by ice when proceeding to and from ports of North America.


(2) Reporting.—The name of the vessel and all pertinent information about the incident shall be reported to the government of the country to which the vessel belongs if that government requests.


(d) Administration.—The Commandant, under the direction of the Secretary of the department in which the Coast Guard is operating, shall carry out the services provided for in this section and shall assign necessary aircraft, material, and personnel of the Coast Guard. On request of such Secretary, the head of an agency may detail personnel, lend or contribute material or equipment, or otherwise assist in carrying out the services provided for in this section.

(e) Annual Report.—The Commandant shall publish an annual report of the activities of the services provided for in this section. A copy of the report shall be provided to each interested foreign government and to each agency assisting in the work.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1692; Pub. L. 113–281, title III, §314(a)(2), Dec. 18, 2014, 128 Stat. 3049; Pub. L. 115–232, div. C, title XXXV, §3541(b)(16), Aug. 13, 2018, 132 Stat. 2324.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80302 46 App.:738a. June 25, 1936, ch. 807, §2, 49 Stat. 1922; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938.

In subsection (d), the words "Secretary of the department in which the Coast Guard is operating" are substituted for "Secretary of Transportation" because of the transfer of the Coast Guard to the Department of Homeland Security (except when operating as a service in the Navy) by section 888 of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2249). See also sections 1 and 3 of title 14, as amended by section 1704(a) of such Act (116 Stat. 2314).

Amendments

2018—Subsec. (d). Pub. L. 115–232 struck out "of the Coast Guard" after "The Commandant".

2014—Subsec. (b). Pub. L. 113–281, §314(a)(2)(A), substituted "The ice patrol" for "An ice patrol vessel".

Subsec. (c)(1). Pub. L. 113–281, §314(a)(2)(B), substituted "The ice patrol" for "An ice patrol vessel" in introductory provisions.

Subsec. (d). Pub. L. 113–281, §314(a)(2)(C), substituted "aircraft" for "vessels".

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–281 effective Jan. 1, 2017, see section 314(c) of Pub. L. 113–281, set out as a note under section 80301 of this title.

§80303. Speed of vessel in ice region

(a) Requirement.—The master of a vessel of the United States, when ice is reported on or near the vessel's course, shall proceed at a moderate speed or change the course of the vessel to go well clear of the danger zone.

(b) Civil Penalty.—A master violating this section is liable to the United States Government for a civil penalty of not more than $500.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1693.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80303 46 App.:738c. June 25, 1936, ch. 807, §4, 49 Stat. 1923.

In subsection (b), the words "liable to the United States Government for a civil penalty" are substituted for "liable to a fine" for clarity and for consistency in the revised title. The words "for each offense" are omitted as unnecessary.

§80304. Limitation on ice patrol data

Notwithstanding sections 80301 and 80302, data collected by an ice patrol conducted by the Coast Guard under this chapter may not be disseminated to a vessel unless such vessel is—

(1) documented under the laws of the United States; or

(2) documented under the laws of a foreign country that made the payment or contribution required under section 80301(b) for the year preceding the year in which the data is collected.

(Added Pub. L. 113–281, title III, §314(a)(3), Dec. 18, 2014, 128 Stat. 3049.)

Effective Date

Section effective Jan. 1, 2017, see section 314(c) of Pub. L. 113–281, set out as an Effective Date of 2014 Amendment note under section 80301 of this title.