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FEDERAL ACTION TO IMPROVE IMPLEMENTATION OF ANNEX V 247 technologies to enable Annex V compliance, the committee concludes that the Maritime Administration (MARAD) is the logical lead agency, due to its ongoing, broad-based marine technology assessment and development efforts. MARAD could obtain technical assistance from the Navy and maintain contact with the various fleets through NOAA's Sea Grant Marine Advisory Service. To help execute narrow projects to meet the needs of small fleets, federal agencies could award grants and contracts to private companies. The R&D effort needs to be responsive to the needs of the Coast Guard, NOAA, and other government fleets, as well as the private sector. The committee therefore recommends MARAD should develop and execute an on-board garbage treatment technology R&D program that addresses the needs for new equipment; alteration of commercial equipment; technology demonstration and Information exchange; and operational, maintenance, and cost issues. MARAD should obtain technical support from the Navy and maintain contact with the various fleets through NOAA's Sea Grant Marine Advisory Service and the NMFS. The program should be responsive to the needs of the Coast Guard, NOAA, and other government fleets, as well as the private sector. The federal government should take steps to resolve issues that may be impeding safe garbage storage and expanded use of compactors and incinerators. To ensure that on-board storage procedures are safe and efficient, the government should examine the need for sanitation guidelines and related technical assistance for fleets other than cruise ships. APHIS should consider developing standards based on compacted garbage. The EPA should adopt IMO standards for shipboard incinerators. The NMFS should offer Financial assistance to fisheries fleets investing in on-board garbage handling and treatment technology. The NMFS should waive policy conditions, such as minimum cost requirements, that limit access to these programs. ENFORCEMENT This section addresses enforcement of Annex V standards at sea only (enforcement in ports is addressed in the previous section on the Vessel/Shore Interface). Although voluntary compliance by seafarers is the linchpin of Annex V implementation, effective enforcement provides an extra impetus for compliance, an additional means of control over certain fleets, and some confidence that violators, once prosecuted, will not repeat their actions. At the same time, it is
FEDERAL ACTION TO IMPROVE IMPLEMENTATION OF ANNEX V 248 important to make enforcement as efficient as possible by targeting problem fleets, because limited resources and the vast expanse of the oceans combine to preclude comprehensive enforcement. As a fundamental step toward strengthening Annex V enforcement among seafarers, the committee concludes that enforcement action must be taken and followed up in every case where the United States can assert jurisdiction, even when the violator is a foreign-flag vessel. The Coast Guard is making progress in this area by pursuing direct action against foreign-flag vessels that violate Annex V within the U.S. Exclusive Economic Zone. It will be important to work through IMO to establish clear procedures for exercising port state enforcement authorities. In addition, fines or penalties for violating Annex V need to be sufficiently high to serve as deterrents. The committee also concludes that the Coast Guard needs to take additional steps to enhance enforcement where it is most needed. To provide additional means for enforcing Annex V among foreign-flag cargo and cruise ships particularly, the requirement for garbage logs could be extended to foreign-flag vessels. Recreational boaters, fishing fleets, and the offshore oil and gas industry also pose special challenges in implementation of Annex V. The Coast Guard could issue "tickets" in civil cases involving Annex V violations, particularly in the fisheries and recreational boating sectors, if the pilot projects using this type of streamlined approach to enforcing other laws are shown to be successful. The Coast Guard also could encourage violation reports by other federal officials engaged in surveillance of fisheries fleets and the offshore industry, as well as state marine police, who routinely come into contact with boaters. These agencies could provide additional eyes for enforcement at no extra cost. The Coast Guard also could pursue vigorously its planned public awareness campaign urging citizens to report illegal garbage disposal. The committee concludes that, to make the best use of existing information and enforcement assets, systematic government record keeping and analysis is needed. While a comprehensive Annex V record-keeping system involving all relevant federal agencies is probably not feasible, the Coast Guard and APHIS could collaborate to develop and maintain a computerized database on vessel garbage handling. APHIS records of vessel boardings and garbage off-loading could be converted to electronic form and logged into the shared database. The Coast Guard could input information from vessel logs and enforcement reports. Data analyses could be used as a basis for determining where the two agencies' enforcement resources should be directed. The data bank would be most meaningful if cargo and cruise ships were required to off-load all garbage at every U.S. port call, and if ports issued receipts for all garbage discharged into their facilities. The committee concludes that the Coast Guard, which already is legally responsible for Annex V enforcement, is the appropriate agency to lead the expanded enforcement effort. Support could be obtained from the NMFS, Miner-
