Maritime Law Maritime Environmental Law and Pollution 1 — Questions and Answers
Question 1: What federal law is the primary U.S. statute governing oil pollution liability and compensation from vessels?
- Clean Water Act of 1972
- Rivers and Harbors Act of 1899
- Oil Pollution Act of 1990 (OPA 90) (Correct answer)
- Comprehensive Environmental Response, Compensation, and Liability Act
Correct answer: Oil Pollution Act of 1990 (OPA 90)
The Oil Pollution Act of 1990 (OPA 90) was enacted in response to the Exxon Valdez oil spill and is the primary U.S. law governing vessel oil pollution liability and compensation.
Question 2: MARPOL is the international convention that stands for:
- Maritime Patrol and Law Enforcement Convention
- Marine Protected Areas Law
- Maritime Pollution Liability Convention
- International Convention for the Prevention of Pollution from Ships (Correct answer)
Correct answer: International Convention for the Prevention of Pollution from Ships
MARPOL (MARine POLlution) is the International Convention for the Prevention of Pollution from Ships, adopted under the IMO in 1973 and modified by the 1978 Protocol.
Question 3: MARPOL Annex I primarily governs which type of pollution from ships?
- Sewage discharges from ships
- Prevention of pollution by oil (Correct answer)
- Garbage disposal at sea
- Air emissions from ship engines
Correct answer: Prevention of pollution by oil
MARPOL Annex I addresses the prevention of pollution by oil, establishing requirements for oil record books, oil/water separators, and discharge standards.
Question 4: Under OPA 90, who qualifies as the 'responsible party' for an oil spill from a vessel?
- The cargo shipper
- The port authority where the vessel last docked
- The owner and operator of the vessel (Correct answer)
- The U.S. Coast Guard on-scene coordinator
Correct answer: The owner and operator of the vessel
Under OPA 90, the owner and operator of a vessel are the 'responsible parties' who bear primary strict liability for oil spills.
Question 5: What are MARPOL 'Special Areas'?
- Ports designated for hazardous cargo offloading
- Areas where the IMO has exclusive enforcement jurisdiction
- Sea areas requiring stricter discharge controls due to oceanographic and ecological sensitivity (Correct answer)
- Exclusive economic zones of signatory coastal nations
Correct answer: Sea areas requiring stricter discharge controls due to oceanographic and ecological sensitivity
MARPOL Special Areas are sea areas given enhanced protection because their oceanographic and ecological conditions require stricter mandatory discharge standards than the open ocean.
Question 6: The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) primarily establishes:
- Criminal penalties for deliberate oil spill violations
- The organizational framework for federal response to oil and hazardous substance releases (Correct answer)
- Licensing requirements for vessel operators in U.S. waters
- International compensation fund contributions required of vessel owners
Correct answer: The organizational framework for federal response to oil and hazardous substance releases
The NCP establishes the organizational structure and procedures for coordinating federal, state, and local responses to oil spills and hazardous substance releases in U.S. waters.
Question 7: Which agency administers the Oil Spill Liability Trust Fund established under OPA 90?
- Environmental Protection Agency (EPA)
- National Oceanic and Atmospheric Administration (NOAA)
- Department of Interior, Bureau of Safety and Environmental Enforcement
- U.S. Coast Guard's National Pollution Funds Center (NPFC) (Correct answer)
Correct answer: U.S. Coast Guard's National Pollution Funds Center (NPFC)
The U.S. Coast Guard's National Pollution Funds Center (NPFC) administers the Oil Spill Liability Trust Fund, which provides compensation when responsible parties cannot or refuse to pay.
Maritime Law Maritime Environmental Law and Pollution 1
What federal law is the primary U.S. statute governing oil pollution liability and compensation from vessels?