What is the scope of the International Convention on the Control of Harmful Anti-Fouling Systems?

The International Convention on the Control of Harmful Anti-Fouling Systems (AFS Convention) is a global agreement to address the adverse impacts of anti-fouling systems on the marine environment. The scope of this convention is to reduce or eliminate the use of certain biocides, or chemicals, which are used as part of ship coatings in order to prevent the growth of aquatic organisms, like barnacles or algae, on a ship’s hull. The Convention applies to all types of vessels, regardless of when or where they were constructed, as well as to new and used vessels for which a Certificate of Competency is being issued or renewed. It also applies to ships of any size, regardless of type or flag, and to any type of anti-fouling system, including self-polishing, haul-off, or bottom-friendly systems. In addition to applying to the actions of shipmasters, owners, and operators, the Convention also requires States to develop legislation to implement its provisions. This includes prohibiting the use of certain biocides on vessels registered to fly a flag of a State Party and encouraging the use of alternative technologies such as biodegradable paint systems. The Convention also requires the establishment of a Regulatory Committee to oversee implementation and enforcement of the Convention. The Committee is responsible for monitoring compliance with the Convention, encouraging the development of alternatives to existing anti-fouling systems, and providing technical advice and guidance to States Parties. In West Virginia, the Department of Environmental Protection (DEP) is responsible for implementing the Convention’s provisions. The DEP works with the U.S. Coast Guard to ensure that all vessels subject to the Convention (including those registered to fly a West Virginia flag) comply with the Convention’s requirements.

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