Sec. 105. Navigational measures for protection of natural resources

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The Commandant of the Coast Guard, in consultation the Under Secretary for Oceans and Atmosphere, shall identify areas in waters subject to the jurisdiction of the United States, including the exclusive economic zone (as established by Presidential Proclamation Numbered 5030 of March 10, 1983 ( 16 U.S.C. 1453 note)), in which routing or other navigational measures are warranted to reduce the risk of oil spills and potential damage to natural resources. In identifying the areas described in paragraph (1), the Commandant shall give priority consideration to natural resources of particular ecological importance or economic importance, including— commercial fisheries; aquaculture facilities; marine sanctuaries designated by the Secretary of Commerce under the National Marine Sanctuaries Act ( 16 U.S.C. 1431 et seq.); estuaries of national significance designated under section 320 of the Federal Water Pollution Control Act ( 33 U.S.C. 1330 ); critical habitat, as defined in section 3(5) of the Endangered Species Act of 1973 ( 16 U.S.C. 1532(5) ); estuarine research reserves within the National Estuarine Research Reserve System established by section 315 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1461 ); and national parks and national seashores administered by the National Park Service under the National Park Service Organic Act ( 16 U.S.C. 1 et seq.).

In determining whether navigational measures are warranted for an area identified under subsection (a), the Commandant and the Under Secretary for Oceans and Atmosphere shall consider, at a minimum— the frequency of transits of vessels which are required to prepare a response plan under section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ); the type and quantity of oil transported as cargo or fuel; the expected benefits of routing measures in reducing risks of spills; the costs of such measures; the safety implications of such measures; and the nature and value of the resources to be protected by such measures.

The Commandant shall establish such routing or other navigational measures for areas identified under subsection (a). To the extent that the Commandant and the Under Secretary for Oceans and Atmosphere identify areas in which navigational measures are warranted for an area under subsection (a), the Secretary of Commerce and the Under Secretary shall seek to establish such areas through the International Maritime Organization or establish comparable areas pursuant to regulations and in a manner that is consistent with international law.

The Commandant of the Coast Guard, in consultation with the Chief of Engineers, shall analyze data on oil transported as cargo on vessels in the navigable waters of the United States, including information on— the quantity and type of oil being transported; the vessels used for such transportation; the frequency with which each type of oil is being transported; and the point of origin, transit route, and destination of each such shipment of oil. The Secretary of Commerce, not less frequently than once each calendar quarter, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the data collected and analyzed under paragraph (1).

Each report submitted under subparagraph

(A)shall be submitted in a format that does not disclose information exempted from disclosure.

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U.S. Code