Clean Ships, Clean Ports, Clean Oceans: Controlling Garbage and Plastic Wastes at Sea (1995)
Chapter: Clarify Extent of Port State Authorities
TABLE 7-2 Flag State Responses to U.S. Reports of Alleged Annex V Violations by Foreign-flag Vessels (since December 31, 1988)a
|
|
As of 6/92 |
As of 6/94 |
|
Reports transmitted |
111 |
365 |
|
No acknowledgement |
76 (68.5%) |
203 (55.6%) |
|
Acknowledged but no other information given |
23 (20.7%) |
84 (23.0%) |
|
Fines levied by flag state |
2 (1.8%) |
20 (5.5%) |
|
Otherb |
10 (9.0%) |
58 (15.9%) |
|
a The 1994 figures include cases referred to flag states under both the old and the new (post-October 1992) U.S. enforcement policies. Because the referral rules changed, the 1992 and the 1994 data do not reflect exactly the same types of cases. However, the two data sets are comparable in that both include only referrals to flag states and exclude direct enforcement actions taken by the United States. b Includes all other cases, including those that were investigated and dropped, those in which warnings or reprimands were issued, and those in which the flag state was not a party to MARPOL. Sources: 1992 data obtained from a report submitted to IMO (United States, 1992); 1994 data provided by the Department of State, Office of Ocean Affairs. |
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violation, then often the location of illegal disposal cannot be established adequately for direct U.S. enforcement action.
Options for Improving Annex V Enforcement
Annex V establishes simple performance standards, but the sheer number of garbage transactions taking place overwhelms any capability for direct surveillance, by either the Coast Guard or any other authority. Therefore, other alternatives need to be employed where possible, or compliance falls short. A new balance is needed that fosters robust compliance capabilities among vessels, ports, and governments and enhances the effectiveness of existing enforcement mechanisms. Over the long-term, this approach would lay the foundation for a strengthened enforcement capability. Most of the options discussed here were mentioned in previous chapters.
Clarify Extent of Port State Authorities
The Coast Guard informed a Senate subcommittee in 1992 that notice of its new enforcement policy was submitted to the Marine Environmental Protection
