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33 Ocean & Coastal L. Memo 1 (1989)

handle is hein.journals/ocoaslme33 and id is 1 raw text is: 

Ocean  and Coastal Law  Center * School of Law  *  University of Oregon * Eugene,  OR  97403

Ocean and Coastal

            Law Memo

Issue 33

October 1989

Beginning with this issue, the formerly separate publications Ocean Law Memo and Coastal Law Memo have
been combined  into one publication entitled Ocean and Coastal Law Memo.



     A.   Law of the Sea Convention

UNCLOS   Preparatory Commission Sixth Session

     The  Preparatory Commission   held its 6th
session in New York in late Xugust, 1988. Focus of
the session was on the deep seabed mining regime,
including the ongoing obligations of the registered
pioneer investors (now four: India, USSR, France,
and  Japan), projections for actual deep seabed
mining to be operational, long term protection of the
developing land-based producer nations from the
potential subsidization of deep seabed  mining,
technology transfer, training for the Enterprise staff,
and further development of the International Seabed
Authority under the 1982 United Nations Convention
on the Law of the Sea (UNCLOS).

     B.   Marine Debris

MARPOL   Annex V

     Annex  V  of MARPOL   went  into effect on
December  31, 1988, 12 months after the U.S. ratified
the Convention.  Annex  V  completely bans the
discharge of plastic waste at sea. A 25 n.m. limit is
placed on non-plastic floating materials, and a 12
n.m. limit on other unground non-plastic or food
wastes.  A 3 n.m. limit is placed on ground non-
plastic or food waste.   Special areas can  be
identified under Annex V which have more stringent

     The Marine Environment Protection Committee
(MEPC)    of  the   Intergovernmental  Maritime

Organization (IMO) held its 26th annual session in
September  in London. Implementation guidelines
for MARPOL   Annex  V were finalized. The U.S.
announced   that it would  formally present a
proposal to identify the Gulf of Mexico as a special
area, requiring more stringent control measures
than under Annex V in general, at the 27th session
in March, 1989. Implementation of special area
status for the Baltic Sea was announced as ready
to proceed. A high level priority status, In the form
of particularly sensitive sea areas, will be the
subject of criteria to be developed by Friends of
the Earth International on behalf of MEPC, to be
presented at the 1990 session. In both types of
area, Article 211 of the 1982 UNCLOS Is viewed as
international legal authority.

     On  April 24, 1989, the U.S. Coast Guard
issued interim final rules implementing Annex V.
The regulations apply to marine craft of any size
and offshore platforms. Disposal of plastic wastes
at sea is prohibited and other waste discharges are
restricted. The National Oceanic and Atmospheric
Administration (NOAA) has published a guidebook
for ports in meeting their responsibilities under
Annex V.

Marine Plastics Pollution Research and Control

     The Marine  Plastic Pollution Research and
Control Act of 1987 took effect on December 31,
1988.  The act bans  marine dumping  of plastic
waste from vessels or offshore facilities. This issue
had  been   excluded  from  the  implementing
legislation for MARPOL  Annex   V, passed  in
December,  1987.

Distributed by the Oregon State University Extension Sea Grant Program, Corvallis, OR 97331

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