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SIGNIFICANT ISSUES AND DEVELOPMENTS The Office of General Counsel for International Law The International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001 On January 23, 2008, President Bush transmitted the International Convention on the Control of Harmful Anti-Fouling Systems on Ships to the Senate for its advice and consent. The Convention, which NOAA played an important role in negotiating and developing, bans the application or use of tributyltin (an anti-fouling agent used on the hulls of ships to prevent the growth of marine organisms), calls for its removal from existing anti-fouling systems by January 1, 2008, and establishes a detailed and science-based framework for considering future restrictions on antifouling systems. Anti-fouling systems are necessary to increase vessel fuel efficiency and minimize the transport of hull borne species but such systems can also have an adverse impact on the marine environment. The Convention was adopted at a Diplomatic Conference of the International Maritime Organization in October 2001 and signed by the United States on December 12, 2002. With Panama's ratification of the Convention on September 17, 2007, 25 States representing over 25 percent of the world's merchant shipping tonnage have ratified the Convention. In consequence, it will enter into force on September 17, 2008. On February 14, 2008, EPA Administrator Stephen L. Johnson submitted the Administration’s proposed implementing legislation to Congress. Additional reference information: White House News Release (January 23, 2008) (HTML) Senate Treaty Doc. 110-13 (PDF) International Convention on the Control of Anti-Fouling Systems on Ships (adopted October 18, 2001)(PDF) IMO web page on AFS Convention (HTM) U.S. Proposed Implementing Legislation (February 14, 2008) (PDF) U.S. Accession to the Law of the Sea Convention On September 26, 2007, Secretary of Commerce Carlos M. Gutierrez sent a letter to the Chairman of the Senate Foreign Relations Committee urging favorable Senate action on U.S. accession to the Law of the Sea Convention during the 110th Congress. The letter, in which Secretary of the Interior Dirk Kempthorne joined, emphasized that the U.S. -- with the world's longest coastlines, some of its busiest ports, and the largest Exclusive Economic Zone (EEZ) of any country -- has economic and environmental stewardship interests in the oceans that are second to none, and that joining the Convention is in the nation's interest. Indeed, President Bush, other cabinet members, industry, environmental groups, academics, and others have voiced strong support for U.S. accession. The Senate Foreign Relations Committee held hearings on U.S. accession to the Law of the Sea Convention on September 27 and October 4, 2007. On October 31, 2007. by a vote of 17-4, the Committee voted in support of U.S. accession. On December 19, 2007, the Senate Foreign Relations Committee submitted its report and the resolution for advice and consent to the full Senate. A full Senate vote is expected this year. Additional reference information: Secretary of Commerce letter to Senate Foreign Relations Committee (September 26, 2007) United Nations Convention on the Law of the Sea (December 10, 1982) (HTM) Senate Executive Report, 110th Congress, 1st Session, Exec. Rpt. 110-9 (December 19, 2007) (PDF) Senate Executive Report, 108th Congress, 2nd Session, Exec. Rpt. 108-10 (March 11, 2004) (PDF)