U.S. Code » Title 33 » Chapter CHAPTER 27— OCEAN DUMPING › Subchapter SUBCHAPTER I— REGULATION

33 U.S.C. § 1411

Prohibited acts

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(a) Except as may be authorized by a permit issued pursuant to section 1412 or section 1413 of this title, and subject to regulations issued pursuant to section 1418 of this title,(1) no person shall transport from the United States, and(2) in the case of a vessel or aircraft registered in the United States or flying the United States flag or in the case of a United States department, agency, or instrumentality, no person shall transport from any locationany material for the purpose of dumping it into ocean waters.(b) Except as may be authorized by a permit issued pursuant to section 1412 of this title, and subject to regulations issued pursuant to section 1418 of this title, no person shall dump any material transported from a location outside the United States (1) into the territorial sea of the United States, or (2) into a zone contiguous to the territorial sea of the United States, extending to a line twelve nautical miles seaward from the base line from which the breadth of the territorial sea is measured, to the extent that it may affect the territorial sea or the territory of the United States.(Pub. L. 92–532, title I, § 101, Oct. 23, 1972, 86 Stat. 1053; Pub. L. 93–254, § 1(3), Mar. 22, 1974, 88 Stat. 51.)Editorial NotesAmendments

1974—Subsec. (a). Pub. L. 93–254 incorporated existing provisions in introductory text, substituting reference to permits issued under section 1412 or section 1413 of this title for prior reference to such issuance under this subchapter; incorporated existing provisions in item designated (1); added item (2); and substituted prohibition against transportation of any material for ocean dumping for former prohibition against such dumping of any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or any other material.

Subsec. (b). Pub. L. 93–254 substituted reference to permits issued under section 1412 of this title for former reference to such issuance under this subchapter, made any ocean dumping subject to regulations issued under section 1418 of this title, and substituted prohibition against dumping of any material for former prohibition against dumping of any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or any other material.

Subsec. (c). Pub. L. 93–254 struck out subsec. (c) which prohibited any officer, employee, agent, department, agency, or instrumentality of the United States from transporting from any location outside the United States any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or, except as may be authorized in a permit, any other material for purpose of dumping in ocean waters. See subsec. (b) of this section.

Statutory Notes and Related SubsidiariesEffective Date of 1974 Amendment

Amendment by Pub. L. 93–254 effective Mar. 22, 1974, see section 2 of Pub. L. 93–254, set out in part as a note under section 1401 of this title.

Effective Date

Pub. L. 92–532, title I, § 110(a), Oct. 23, 1972, 86 Stat. 1060, provided that: “This title [this subchapter] shall take effect six months after the date of the enactment of this Act [Oct. 23, 1972].”

Savings Provision

Pub. L. 92–532, title I, § 110(b), Oct. 23, 1972, 86 Stat. 1060, provided that: “No legal action begun, or right of action accrued, prior to the effective date of this title [this subchapter] shall be affected by any provision of this title [this subchapter].”

Executive DocumentsTerritorial Sea and Contiguous Zone of United States

For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.

Notes of Decisions
Cited in 19 cases (2 in the last 5 years), 1977–2023 · leading case: Middlesex Cnty. Sewerage Auth. v. Nat'l Sea Clammers Assn., 453 U.S. 1 (1981).
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Middlesex Cnty. Sewerage Auth. v. Nat'l Sea Clammers Assn., 453 U.S. 1 (1981). · cites it 2× “33 U. S. C. § 1411 (a). [19] In addition, it requires a permit for the dumping of material transported from outside the United States into the territorial seas or in the zone extending 12 miles from the coastline, "to the extent that it may effect the territorial sea or the…”
United States v. William P. Reilly, United States of Am. v. John Patrick Dowd, 33 F.3d 1396 (3d Cir. 1994). · cites it 3× “§ 1623 (a), and of transporting incinerator ash from the United States for the purpose of dumping it into the ocean, 33 U.S.C. § 1411 (a). The charges against Dowd and Reilly arose from three sources: a Delaware indictment alleging that they knowingly made false material…”
Nat'l Wildlife Fed'n v. Douglas M. Costle, 629 F.2d 118 (D.C. Cir. 1980). · cites it 3× “Marine Protection Research, and Sanctuaries Act of 1972 (MPRSA) § 101, 33 U.S.C. § 1411 (1976). 4 . As originally enacted the Act absolutely prohibited dumping, and transporting for the purpose of dumping, of “any radiological, chemical, or biological warfare agent [and] any…”
United States v. Baytank (Houston), Inc., United States of Am. v. Baytank (Houston), Inc., 934 F.2d 599 (5th Cir. 1991). “1052 ) [ 33 U.S.C. § 1411 et seq.]; or "(B) in knowing violation of any material condition or requirement of such permit; or "(C) in knowing violation of any material condition or requirement of any applicable interim status regulations or standards; "shall, upon conviction, be…”
United States v. West Indies Transp., Inc., 127 F.3d 299 (3d Cir. 1997). “The second entrapment by estoppel claim arises out of defendants' convictions under the Ocean Dumping Act, 33 U.S.C. §§ 1411 (a) and 1415(b)(1). Defendants were convicted for dumping large quantities of scrap metal and other debris into the ocean under cover of darkness, without…”
Pac. Legal Found. v. Quarles, 440 F. Supp. 316 (C.D. Cal. 1977). · cites it 2× “33 U.S.C. §§ 1411 , 1402(f). Thus, the general demarcation line between the two Acts’ jurisdictions, with the exception of pipes or outfalls, is the three-mile limit of the territorial seas.”
United States v. James Ralph Sellers, 926 F.2d 410 (5th Cir. 1991). “[ 33 U.S.C. § 1411 et seq.]” On appeal, Sellers argues that the jury charge should have required the government to prove that Sellers knew that the paint waste could be hazardous or harmful to persons or the environment.”
Town of Southold v. Wheeler, 48 F.4th 67 (2d Cir. 2022). “New York then sued in the United States District Court for the Eastern District of New York under the Administrative Procedure Act (“APA”), alleging that the agency’s designation violates the Marine Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. § 1411 , (“MPRSA”)…”
Reeger v. Mill Serv., Inc., 593 F. Supp. 360 (W.D. Pa. 1984). “and the Marine Protection, Research and Sanctuaries Act, 33 U.S.C. § 1411 et seq. While plaintiffs argue that Sea Clammers was concerned .”
United States v. Reilly, 811 F. Supp. 177 (D. Del. 1993). “The Indictment specifically references 33 U.S.C. § 1411 which prohibits the transportation of any material from the United States for the purposes of dumping it into ocean waters.”
Nat. Resources Def. Council, Inc. v. U. S. Env't Prot. Agency, 656 F.2d 768 (D.C. Cir. 1981). “The Marine Protection Act sets up a permit system to regulate the dumping of pollutants into the ocean from vessels, 33 U.S.C. §§ 1411 , 1412 (1976), but does not govern the discharge of pollutants from sewer outfalls.”
United States v. Reilly, 827 F. Supp. 1076 (D. Del. 1993). · cites it 3× “The Information, which was issued on January 28, 1993, charges Reilly with one count of violating 33 U.S.C. § 1411 (a), a Class A misdemeanor.”
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