Bill summaries are authored by CRS.

Shown Here:
Passed House amended (11/17/2009)

Clean Hull Act of 2009 - Title I: General Provisions - (Sec. 101) Defines "antifouling system" as a coating, paint, surface treatment, surface, or device used on a vessel to control or prevent attachment of unwanted organisms.

(Sec. 102) Defines "covered vessel" to mean any vessel (except U.S. or foreign warships, naval auxiliary, or other government noncommercial service vessels) that is: (1) documented under U.S. laws; (2) authorized to operate on the Outer Continental Shelf; or (3) otherwise operating in U.S. internal waters or territorial seas, or is in a U.S. port.

Title II: Implementation of the Convention - (Sec. 201) Requires covered vessels of at least 400 gross tons that engage in one or more international voyages, upon entry into force of the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001, to carry an International Antifouling System Certificate, issued by the Secretary of the department in which the Coast Guard is operating. Exempts from this requirement fixed or floating platforms, floating storage units (FSUs), and floating production, storage, or offloading units (FPSOs).

Authorizes such vessels of countries that are not a party to the Convention to comply with the Act's requirement through other appropriate documentation considered acceptable by the Secretary.

(Sec. 202) Requires covered vessels of at least 24 meters in length, but less than 400 gross tons, engaged on an international voyage (with the same exceptions as for vessels of at least 400 tons), to carry a signed declaration that the vessel's antifouling system complies with the Convention.

(Sec. 204) Sets forth a process for considering additional controls on antifouling systems.

(Sec. 205) Authorizes the Secretary, the Administrator of the Environmental Protection Agency (EPA), and the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to each undertake scientific and technical research and monitoring and promote the availability of information regarding: (1) scientific and technical activities undertaken in accordance with the Convention; (2) marine scientific and technological programs and their objectives; and (3) the effects observed from any monitoring and assessment programs relating to antifouling systems.

(Sec. 206) Directs the EPA Administrator to provide to any party to the Convention that requests information on which decisions to regulate are based or other information used to evaluate the antifouling system.

Title III: Prohibitions and Enforcement Authority - (Sec. 301) Makes it unlawful for a person to: (1) violate a requirement of this Act; (2) sell or distribute domestically or internationally organotin (biocide) or an antifouling system containing organotin; (3) manufacture or use organotin to formulate an antifouling system; (4) apply an antifouling system that contains organotin on a vessel; or (5) apply an antifouling system on a vessel in violation of the Convention.

Prohibits the hull of a vessel, with specified exceptions, from bearing an antifouling system that contains organotin, unless it bears an overcoating that forms a barrier to organotin leaching from the underlying antifouling system.

(Sec. 302) Authorizes the Secretary to investigate and enforce vessel compliance with the requirements of this Act or the Convention.

(Sec. 303) Authorizes inspections by officers or employees of the EPA or of any state designated by the EPA Administrator.

Title IV: Action on Violation, Penalties, and Referrals - (Sec. 401) Subjects a person who knowingly violates this Act or the Convention to specified criminal and civil penalties.

(Sec. 408) Repeals the Organotin Antifouling Paint Control Act of 1988.