that, in the absence of a mineral lease operation in a given area, the 

 Department of the Interior is unable to enforce any regulation issued 

 pursuant to it. 



The case involved attempts to salvage a sunken vessel (presumably 

 scuttled while transporting narcotics) on the Looe Key coral "foriTHtion. 

 The salvager damaged coral and was convicted in the District Court. 

 This appeal challenged the authority of the regulation cited above and, 

 as indicated, the Fifth Circuit reversed the conviction, stating 

 "The provision (Section 5(a)) is not, as the Government would have it, 

 an independent source of regulatory authority." 



This decision is controlling in the Fifth Circuit which, of course, 

 includes Looe Key and the entire Gulf Coast, as well as the Atlantic 

 Coast of Florida and Georgia. A rehearing has been denied and it appears 

 that the Government will not seek review by the Supreme Court. 



3. The Clean Water Act 33 U.S.C. 1251 et seg. 



Authority : Restore and maintain water quality. 



Section 301 prohibits the discharge of any pollutant into the 

 waters of the contiguous zone on the ocean from any point source other 

 than a vessel without a permit from EPA. The only such discharge likely 

 to occur at Looe Key, however, is a vessel discharge. 



Section 311 of the CWA does apply to vessels and prohibits the 

 discharge of oil and hazardous substances in quantities which may be 

 harmful as defined by EPA. The current list excludes, among other things, 

 many items of trash and litter. 



Section 1322 regulates the discharge from marine sanitation devices 

 but does not apply beyond the territorial sea (see regulations effective 

 June 1, 1980). 



4. Marine Protection, Research and Sanctuaries Act of 1972, Title I, 

 33 U.S.C. 1411 et. seq . (The Ocean Dumping Act) 



Authority : Prohibit the dumping of certain toxic materials into ocean 

 waters and regulate the dumping of other materials into such waters. 



Section 101 prohibits the transportation from the U.S. of any 

 material for the purpose of dumping it into waters without a permit from 

 EPA (or the Corps in the case of dredge spoil disposal). 



EPA, under Section 1412(c) of this act, pre-selects sites or times at 

 which certain materials may not be dumped and issues permits for the disposal 

 of all materials, with the exception of dredge spoils, which consider the 

 effects of the proposed dumping on marine ecosystems. At the present time, 

 there are no pre-selected dump sites in or adjacent to the Looe Key 

 area. 



87 



