113 



require the establishment of standards with respect to such deposits in all 

 other areas and for other purposes. 



The Department of State in agreement with the general intent of Section 

 5 B(a) of this bill to establish marine sanctuaries — but only insofar as those 

 sanctuaries would be within the territorial sea limits of the United States. The 

 United States may, of course, restrict dumping within its territorial sea. Beyond 

 that, the Geneva Convention on the Territorial Sea and the Contiguous Zone 

 provides that a coastal state may, in a zone of high seas contiguous to its ter- 

 ritorial waters, prevent infringement of its customs, fiscal, immigration or sani- 

 tary regulations within its territory or territorial sea. The United States may, 

 therefore, restrict dumping in the contiguous zone which would contravene the 

 sanitary regulatoins of its territory or territorial sea. The high seas beyond the 

 12-mile limit of the contiguous zone are, however, entirely beyond U.S. juris- 

 diction. 



The Department notes that the establishment of sanctuaries in or under inter- 

 national waters would require international action and thus could not be 

 accomplished unilaterally. 



The Department is also in favor of the establishment of general dumping stand- 

 ards in areas other than marine sanctuaries as provided in Section 5C — ^but 

 only insofar as they apply to United States nationals or to areas under the 

 jurisdiction of the United States. Again, the establishment of dumping stand- 

 ards for foreign nationals in international waters would require international 

 action and could not be accomplished unilaterally. The Department would pro- 

 pose that the general problem of ocean dumping as discussed in this Section of 

 the bill be dealt with by a comprehensive regulatory measure such as that 

 proposed in H.R. 4247 which would prohibit the transport from the United 

 States by any person of material to be dumped in the ocean without a permit. 



The Department sees no objection to the enactment of Section 5 D as far as 

 the foreign policy interests of the United States are concerned. 



The Office of Management and Budget advises that from the standpoint of 

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

 report. 



Sincerely yours, 



David M. Abshire, 

 Assistant Secretary for 

 Congressional Relations. 



Department of State, 

 Washington, B.C., April 21, 1911. 

 Hon. Edward A. Garmatz, 



Chairman, Committee on Merchant Marine and Fisheries, 

 House of Representatives. 



Dear Mr. Chairman : Thank you for your letter of February 26, 1971, request- 

 ing the views of the Department of State on H. R. 1661, a bill to regulate the dis- 

 charge of wastes in territorial and international waters. 



The Department of State agrees that there is a need to regulate dumping in 

 order to protect the marine environment in the oceans. Also, it is clear that there 

 is growing international concern over the effects of indiscriminate ocean 

 dumping. 



From the viewpoint of foreign policy and international law, the Department of 

 State has no objection to the enactment of this bill. However, the Department 

 favors the adoption of H. R. 4247, the Marine Protection Act of 1971, which is 

 before your Committee for consideration. 



The Office of Management and Budget advises that from the standpoint of 

 the Administration's program there is no objection to the submission of this 

 report. 



Sincerely yours, 



David M. Abshire, 

 Assistant Secretary for 

 Congressional Relations 



