---
kind: "section"
citation: "33 U.S.C. § 1343"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "1343"
heading: "Ocean discharge criteria"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/1343"
units:
  - "Chapter 26 — Water Pollution Prevention and Control"
  - "Subchapter IV — Permits and Licenses"
---

# §1343. Ocean discharge criteria

- (a) **Issuance of permits—** No permit under [section 1342 of this title](/usc/33/1342.md) for a [discharge](/usc/33/1362.md?p=16) into the territorial sea, the waters of the [contiguous zone](/usc/33/1362.md?p=9), or the [oceans](/usc/33/1362.md?p=10) shall be issued, after promulgation of guidelines established under [subsection (c)](#c) of this section, except in compliance with such guidelines. Prior to the promulgation of such guidelines, a permit may be issued under such [section 1342 of this title](/usc/33/1342.md) if the Administrator determines it to be in the public interest.
- (b) **Waiver—** The requirements of subsection (d) of [section 1342 of this title](/usc/33/1342.md) may not be waived in the case of permits for [discharges](/usc/33/1362.md?p=16) into the territorial sea.
- (c) **Guidelines for determining degradation of waters—**
  - (1) The Administrator shall, within one hundred and eighty days after October 18, 1972 (and from time to time thereafter), promulgate guidelines for determining the degradation of the waters of the [territorial seas](/usc/33/1362.md?p=8), the [contiguous zone](/usc/33/1362.md?p=9), and the [oceans](/usc/33/1362.md?p=10), which shall include:
    - (A) the effect of disposal of [pollutants](/usc/33/1362.md?p=6) on human health or welfare, including but not limited to plankton, fish, shellfish, wildlife, shorelines, and beaches;
    - (B) the effect of disposal of [pollutants](/usc/33/1362.md?p=6) on marine life including the transfer, concentration, and dispersal of [pollutants](/usc/33/1362.md?p=6) or their byproducts through biological, physical, and chemical processes; changes in marine ecosystem diversity, productivity, and stability; and species and community population changes;
    - (C) the effect of disposal, of [pollutants](/usc/33/1362.md?p=6) on esthetic, recreation, and economic values;
    - (D) the persistence and permanence of the effects of disposal of [pollutants](/usc/33/1362.md?p=6);
    - (E) the effect of the disposal of varying rates, of particular volumes and concentrations of [pollutants](/usc/33/1362.md?p=6);
    - (F) other possible locations and methods of disposal or recycling of [pollutants](/usc/33/1362.md?p=6) including land-based alternatives; and
    - (G) the effect on alternate uses of the [oceans](/usc/33/1362.md?p=10), such as mineral exploitation and scientific study.
  - (2) In any event where insufficient information exists on any proposed [discharge](/usc/33/1362.md?p=16) to make a reasonable judgment on any of the guidelines established pursuant to this subsection no permit shall be issued under [section 1342 of this title](/usc/33/1342.md).

## Source credit

(June 30, 1948, ch. 758, title IV, § 403, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 883.)

## Notes

### Statutory Notes and Related Subsidiaries

### Discharges From Point Sources in United States Virgin Islands Attributable to Manufacture of Rum; Exemption; Conditions

Discharges from point sources in the United States Virgin Islands in existence on Aug. 5, 1983, attributable to the manufacture of rum not to be subject to the requirements of this section under certain conditions, see section 214(g) of Pub. L. 98–67, set out as a note under section 1311 of this title.

### Executive Documents

### Territorial Sea and Contiguous Zone of United States

For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.