TITLE 46

Waters and Navigation

CHAPTER 46-17.2

Antifoulant Paint Control

SECTION 46-17.2-2



   § 46-17.2-2  Legislative findings. –

(a) The General Assembly finds the following:



   (1) Antifoulant paints containing tributyltin based biocides

are widely used on vessels in the state to inhibit the growth of marine fouling

organisms, such as barnacles, that increase drag and reduce vessel speed and

fuel and operating efficiency;



   (2) Laboratory and field studies have shown that tributyltin

is highly toxic to marine and fresh water organisms, especially mollusks and

juvenile life stages, at extremely low concentrations;



   (3) The United States Environmental Protection Agency has

determined that concentrations of tributyltin currently in the waters of the

United States may pose unreasonable risks to oysters, clams, fish, and other

marine life;



   (4) The continued unrestricted use of tributyltin based

antifoulant paints in this state poses a threat to commercially important fish

and shellfish species and may ultimately pose a threat to public health;



   (5) Vessels less than sixty-five (65) meters in length that

are coated with tributyltin antifoulant paint account for a substantial amount

of the tributyltin released into the aquatic environment, especially in

restricted bays and inlets where tributyltin concentrations are most likely to

build to dangerous levels; and



   (6) Most antifoulant paint containing tributyltin that is

used on vessels less than sixty-five (65) meters in length is applied during

the spring months prior to the summer boating season.



   (b) The purpose of this chapter is to protect the living

marine and fresh water resources of the state, as well as public health, by

sharply restricting the use of antifoulant paints containing tributyltin and

thus reducing the amount of tributyltin entering the waters of the state.



History of Section.

(P.L. 1988, ch. 568, § 1.)