112 



H.R, 4359, could be construed to preclude operation of U.S. nuclear powered war- 

 ships, including the strategic deterrent Fleet Ballistic Missile Submarine force. 

 Such a result would be untenable to the security of the United States. 



We are also concerned that the bill could be construed to apply to areas over 

 which the United States does not have jurisdiction. Under international law a 

 state has complete jurisdiction over its territorial seas, subject only to the right 

 of innocent passage. The United States' territorial waters extend three miles sea- 

 ward from the mean low-water line. Beyond this territorial sea the United States 

 has sovereign rights for the purpose of exploring and exploiting the natural 

 resources of its continental shelf and also has the right to enforce its customs, 

 fiscal, immigration or sanitary regulations within a zone of the high seas 

 contiguous to its territorial sea. (Article 2, 1958 Geneva Convention on the 

 Continental Shelf, TIAS 5578 ; Article 24, 1958 Geneva Convention on the Terri- 

 torial Sea and the Contiguous Zone, TIAS 5639). Under the 1958 Geneva Con- 

 vention on the Territorial Sea and Contiguous Zone the extent of the contiguous 

 zone must be no more than 12 nautical miles. In addition, customary international 

 practice presently recognizes the coastal state's right to control fishing within 

 12 miles of its coast. In consonance with the recognized international practice, a 

 9-mile fisheries zone contiguous to the United States 3-mile territorial sea was 

 established by the United States in 1966 (Public Law 89-658 ; 16 U.S.C. 1091-1094) . 



As presently formulated, H.R. 4359 would provide for unilaterial United 

 States regulation and control of activities well beyond these specialized juris- 

 dictional rights recognized under international law. Such unilateral claims which 

 go beyond the confines of recognized international law, although couched in terms 

 of domestic legislation, can and frequently are used as a basis for exaggerated 

 offshore jurisdictional claims by other nations. Such unwarranted extensions of 

 offshore jurisdiction erode the principle of freedom of the high seas which is 

 essential for naval mobility. 



H.R. 4359 would authorize the Secretary of Commerce to designate as marine 

 sanctuaries those areas which the Secretary determines should be preserved or 

 restored. The exercise of this authority conceivably could restrict or prohibit 

 research, development, testing, survey work, or training exercises conducted by, 

 or under the sponsorship of, the Department of Defense, without prior coordina- 

 tion with the Department of Defense. 



The Department of the Navy, on behalf of the Department of Defense, believes 

 that the Administration's well drafted, comprehensive bill, H.R. 4723, intro- 

 duced by you on February 22, 1971, to the 92nd Congress, realistically provides 

 for the intent expressed in H.R. 4359 with respect to preventing harmful, unregu- 

 lated dumping into the oceans, coastal, and other waters. The Department 

 of the Navy, on behalf of the Department of Defense, therefore favors H.R. 

 4723, in lieu of H.R. 4359. 



This report has been coordinated within the Department of Defense in ac- 

 cordance with procedures prescribed by the Secretary of Defense. 



The Ofiice of Management and Budget advises that, from the standpoint of 

 the the Administration's program, there is no objection to the presentation of 

 this report for the consideration of the Committee. 



For the Secretary of the Navy. 

 Sincerely yours, 



Lando W. Zech, Jr., 



Captain, U.S. Navy, 



Deputy Chief. 



Depaktment of State, 

 Washington, D.C., April 22, 1971 

 Hon. Edward A. Gabmatz, 



Chairman, Cormnittee on Merchant Marine and Fisheries, 

 House of Representatives. 



Dear Mr. Chairman : Thank you for your letter of February 17 giving this 

 Department the opportunity to comment on H.R. 1095, a bill to amend the fish 

 and wildlife coordination act to provide additional protection to marine and 

 wildlife ecology by requiring the designation of certain water and submerged 

 land areas where the depositing of certain waste materials is prohibited, to 



