190 



The most important aspect of these rules regarding conflicting use 

 of the oceans is that they arose in response to existing problems. The 

 continental shelf is relatively shallow and the oil rigs in use were 

 clearly obstructing the surface. Essentially, by regardmg navigation 

 in recognized and essential sealanes as a permanent preexisting use, 

 an accoimnodation of existing conflicts was reached. 



At present we really do not know whether exploitation activities 

 beneath the deep oceans will be self-sustaining or will require perma- 

 nent surface support. The Navy at this moment is attempting to 

 liberate its deep oceans research operations from such sustained surface 

 support. The few support vessels presently being stationed over deep 

 oceans research activities certainly present no serious conflict of use 

 problems. Indeed there are precise international navigational rules in 

 force with respect to vessels which are not underway. It is not possible 

 to predict at this time whether any significant conflict of use between 

 deep ocean exploitation and surface operations will ever develop — 

 except perhaps with respect to the problem of dumping from the 

 surface. 



It would seem that reasonable prudence would require an expanded 

 knowledge in order that the implications of the continental shelf 

 experiment are better understood before plimging into literally im- 

 charted seas. This is particularly tiiie because no conflict of use prob- 

 lems regarding exploitation are likely to arise at great ocean depths for 

 quite some time. 



I am not suggesting however that we sit by indefinitely and watch 

 the continental shelf regime extend to the middle of the oceans. Wliat 

 I am suggesting is that — with the remote but possible exception of a 

 few seamounts — actual oceanic activities will not force us to make a 

 final decision for a while. In the meantime we are giving careful con- 

 sideration to all the options, some of which are national control by 

 extension of the shelf regime, national control mider principles of 

 efi'ective occupation, limited international regulation by an existing or 

 new international agency, or a combination of these. We are expanding 

 our efl'orts to leam more about the potential wealth of the sea. 



The oceans are not outer space, and they are not Antarctica. They 

 lie here at our feet. And they are — and have been for thousands of 

 years — essential to the communications, security, and well-being of 

 most, if not all, of the peoples of the world. The fact that they are 

 becoming even more important to all of us means that we should be 

 more, not less, cautious about arriving at precipitous conclusions 

 based on nothing more than assumptions and predictions. 



As to whether it is necessary to proceed with the proposed jcsolu- 

 tions in view of the testimony elicited from the various witnesses before 

 this subcommittee, I defer to the views of the Department of State. 



Mr. Fascell. Thank you very much, Admiral Hearn. 



Referring to the specific "rules of the road," you say that there is 

 a general rule of customary international law codified by tlie High 

 Seas Convention, that one use may not unreasonably interfere with 

 other lawful uses. What is the effective date of this High Seas Conven- 

 tion, and what are its provisions ? 



Admiral Hearn. The High Seas Convention was adopted by the 

 Law of the Sea Conference which was held in Geneva in 1958 under 



