provide an opportunity to verify hypotheses concerning such 

 things as the ability of sea otters, seals, and whales to detect 

 and avoid oil and the effects of noise from containment and 

 clean-up operations on the behavior, movements, and habitat-use 

 patterns of sea otters, seals, and whales. Therefore, the 

 Commission recommended that, if it had not already done so, the 

 Council direct that possible future oiling and containment/clean- 

 up operations be considered and factored into the design of 

 ongoing and planned studies to assess the impacts of the Exxon 

 Valdez oil spill on marine mammals and other components of the 

 ecosystems affected by the spill. The Commission also recom- 

 mended that, if it had not already done so, the Council make 

 arrangements for information transfer and program coordination 

 meetings and take steps to expand the Damage Assessment Plan or 

 to develop a companion plan to indicate, based on the experience 

 gained from the Exxon Valdez spill, steps that are being or 

 should be taken to be better prepared to respond to future oil 

 spills. 



Information available to the Commission at the end of 1989 

 indicated that at least 1,016 sea otters died as a direct result 

 of the spill. It is likely that at least small numbers of harbor 

 seals and Steller sea lions also died as a direct result of the 

 spill. Although not documented, it is possible that a number of 

 killer whales and other cetaceans may have died as a result of 

 consumption of oil-contaminated prey. 



Oil Spill Legislation 



In the wake of the Exxon Valdez oil spill, an assortment of 

 bills related to oil pollution was introduced in Congress. 

 Primary among these were S. 686 and H.R. 1465. On 4 August 1989, 

 the Senate unanimously passed S. 686, the Oil Pollution Liability 

 and Compensation Act of 1989. The measure would, among other 

 things, substantially increase liability limits for oil pro- 

 ducers, transporters, and refineries; create a $1 billion Federal 

 fund, financed by assessing a per barrel fee, to cover clean-up 

 and other costs; require the Federal government to take charge of 

 clean-up efforts if it determines that the liable parties cannot 

 guarantee the effective restoration of natural resources; 

 establish eight regional oil spill response teams; require the 

 preparation of oil spill contingency plans; provide funds for 

 research and development; and allow states to enact more 

 stringent oil spill laws. 



On 9 November 1989, the House of Representatives passed H.R. 

 1465, the Oil Pollution Prevention, Response, Liability and 

 Compensation Act of 1989, by a vote of 375 to 5. This bill is 

 similar to S. 686 in most respects, but would establish somewhat 

 higher liability limits for oil tankers, require preparation of a 

 fish and wildlife response plan, and, through implementation of 



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