51-2-3 - Disposal of plastics and other garbage in marine waters; storage of certain substances in closed containers on vessels in marine waters; release of substances due to accidents or acts of natu
§ 51-2-3. Disposal of plastics and other garbage in marine waters; storage of certain substances in closed containers on vessels in marine waters; release of substances due to accidents or acts of nature; penalties.
(1) It is unlawful for any person or vessel to discharge any type of plastics, including synthetic ropes, fishing nets, garbage bags and other garbage, including paper products, glass, metal, dunnage, lining and packing materials into the marine waters of this state.
(2) For purposes of this section, vessel means any boat, barge, or other vehicle operating in the marine environment from the largest supertanker to the smallest recreational craft.
(3) The following substances shall be kept in closed containers whenever present on a vessel in the marine waters of this state: fuel, oil, paints, varnishes, solvents, pesticides, insecticides, fungicides, algicides, other hazardous liquids, and those substances referred to in subsection (1). The containers shall be sufficient to prevent the substances from escaping in the event the container is released into marine waters. Closed containers shall not be required for substances intended for human consumption, or for bait. Closed containers shall not be required while vessels are taking on or unloading cargo and provisions.
(4) This section shall not apply to substances released into marine waters accidentally or due to an act of nature, provided:
(a) That persons involved in an accident make good faith efforts to recover any substances released, proper allowances being first made for personal safety; and
(b) That snagged or entangled fishing tackle and nets are recovered as much as is reasonably possible, and the unrecovered remainder is caused to sink.
(5) (a) For a first violation, any person or vessel who violates this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or community service requiring litter collection of not less than twenty-five (25) hours nor more than two hundred fifty (250) hours, or both. Persons under eighteen (18) years of age shall be penalized with community service, and may be assessed a fine as well. Each day of a continuing violation constitutes a separate violation.
(b) For a second or subsequent violation, any person or vessel who violates this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Ten Thousand Dollars ($10,000.00), or revocation of boating licenses, or both.
Sources: Laws, 1989, ch. 475, § 2; Laws, 1991, ch. 557 § 1, eff from and after passage (approved April 12, 1991).