Detailed Summary

Clean Hull Act of 2009 - Defines "covered vessel" to mean any vessel (except U.S. or foreign warships, naval auxiliary, or other government noncommercial service vessels): (1) documented under U.S. laws; (2) authorized to operate on the Outer Continental Shelf; or (3) otherwise operating in U.S. internal waters or territorial seas, or is in a U.S. port.

Defines "antifouling system" as a coating, surface treatment, or device used on a vessel to control or prevent attachment of unwanted organisms.

Requires covered vessels of at least 400 gross tons that engage in one or more international voyages, upon entry into force of the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001, to carry an International Antifouling System Certificate, issued by the Secretary of the department in which the Coast Guard is operating. Exempts from this requirement fixed or floating platforms, floating storage units (FSUs), and floating production, storage, or offloading unit (FPSOs).

Requires covered vessels of at least 24 meters in length, but less than 400 gross tons, engaged on an international voyage (with the same exceptions as for vessels of at least 400 tons) to carry a signed declaration that the vessel's antifouling system complies with the Convention.

Sets forth a process for considering additional controls on antifouling systems.

Makes it unlawful for a person to: (1) violate a requirement of this Act; (2) sell or distribute domestically or internationally organotin (biocide) or an antifouling system containing organotin; (3) manufacture or use organotin to formulate an antifouling system; (4) apply an antifouling system that contains organotin on a vessel; or (5) apply an antifouling system on a vessel in violation of the Convention.

Prohibits the hull of a vessel, with specified exceptions, from bearing an antifouling system that contains organotin, unless it bears an overcoating that forms a barrier to organotin leaching from the underlying antifouling system.

Authorizes the Secretary to investigate and enforce vessel compliance with the requirements of this Act or the Convention. Authorizes inspections by officers or employees of the Environmental Protection Agency (EPA) or of any state designated by the EPA Administrator.

Subjects a person who knowingly violates this Act or the Convention to specified criminal and civil penalties.

Repeals the Organotin Antifouling Paint Control Act of 1988.

Status of the Legislation

Latest Major Action: 11/18/2009: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

Points in Favor

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Points Against

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