When would a U.S. merchant vessel in ocean service NOT subject to the requirements of Annex V to MARPOL 73/78?
• MARPOL Annex V (Garbage Pollution) applies based on a ships flag State and also where it is operating • Difference between U.S.-flag vessels obligations and the coastal States status (whether that coastal State is a MARPOL party or not) • How distance from land (e.g., 25 NM) affects what garbage can be discharged, versus whether MARPOL applies at all
• Ask yourself: for a U.S.-flag merchant vessel, does MARPOL Annex V turn off at some distance from land, or in certain foreign waters, or does it follow the ship everywhere? • Consider whether being outside navigable waters of the United States changes an international treaty obligation for a U.S.-flag vessel, or just changes which domestic regulations may also apply. • Think about whether the status of another country (being non-signatory to MARPOL) cancels the U.S. treaty obligations on its own ships, or only affects ships flying that non-signatorys flag.
• Verify whether MARPOL obligations for a ship of a Party State depend primarily on flag, not location. • Check if distance from land (like 25 NM) is about discharge rules (what/when you may discharge) rather than about being subject or not subject to Annex V at all. • Confirm whether a U.S.-flag vessel ever loses MARPOL Annex V applicability solely because it is in foreign waters or high seas.
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