188 



Have thcae sanctions, in your opinion, been effective in deterring operational 

 discharges? If not, why not? 



The sanctions related to the discharge of oil in violation of the Act and 

 Convention would no doubt be adequate to deter operational discharges if the 

 evidentiary problem in proving such discharges were not so difficult. It should 

 be noted however that the $2,500 maximum penalty is only half the civil penalty 

 which may be assessed under section 311(b) (6) of the Federal Water Pollution 

 Control Act for the discharge of harmful quantities of oil in the waters of the 

 United States and contiguous zone. The sanctions related to the maintenance of 

 the oil record book and other records go a long way in providing an effective 

 deterrent to operational discharges. The evidentiary problem in this case is not 

 so great. Further, the oil record book and its required maintenance pro\ides the 

 means by which the evidentiary problem involved in proving a violative dis- 

 "Charge may be overcome. 



4- Does the United States have sufficient manpov^er and equipment to ade- 

 •guately enforce the Convention as to United States flao vessels? What other 

 'nations could he considered to be fully capable of policing the terms of the treaty? 



We are presently projecting a shortage of approximately 7,000 medium range 

 surveillance aircraft mission hours for FY75. Any additional mission require- 

 ments will only aggravate this situation. Surveillance by cutters could possibly 

 l)e conducted in conjunction with presently anticipated and scheduled missions 

 such as offshore fisheries enforcement patrols or International Ice Patrol. 

 At this time it is not possible to quantify the at-seat cutter requirements of this 

 treaty ; however we are gradually increasing our efforts in the fisheries enforce- 

 jnent area and by FY75 plan over 2000 cutter-days per year for this mission. 

 In addition, the impact of recent legislation, specifically the Marine Protection, 

 Research, and Sanctuaries Act of 1972, has not yet been fully evaluated for 

 demand on our resources. 



In response to the second portion of the question, we are unable to assess 

 the ability of other nations to police the terms of the treaty at this time. 



5. Has the Coast Guard detected violations by foreign vessels flying flags of 

 stations not party to the Convention? What has been the experience in regard to 

 ^vch vessels? 



The Coast Guard has investigated two oil pollution incidents by foreign 

 Tessels flying flags of nations not signatory to the 19.54 Convention. One of these 

 -«as detected and reported to tlie Coast Guard by a Canadian pilot off the coast 

 •of New Jerseyu Reports of these violations were transmitted to the foreign govern- 

 ments for appropriate action to minimize such occurrences. We have no indi- 

 ■cation of what action was taken. 



6. What violations of both foreign and United States vessels have been detected 

 ■arith regard to the oil record book? 



Tlie following violations of oil record book requirements by United States 

 •and foreign vessels have been detected by the Coast Guard through boarding in 

 ports: 



Foreign 

 Year U.S. vessels vessels 



1967 169 -292 



1968 73 199 



1969: 24 137 



1970 - 74 



1971 .-. 48 



1972 ^ 1 



1973 (to date) 



^ __^ 4 



The decrease in reported violations is presumably the result of improved com- 

 pliance with oil record book requirements. 



7. Generally, what is the enforcement practice of the Coast Guard in the ermt 

 of a violation of the terms of the 19.54 Convention, as implementcdf What eviden- 

 tiary problems have been encountered? 



The Oil Pollution Act of 1961, as amended, which implements the 1954 Conven- 

 ;tion for vessels registered in the United States, provides for the seizure of an 

 ■offending vessel to ensure payment of possible fines. If an offense is committed 

 !in the presence of a law enforcement officer, the master of the vessel may be 

 arrested without a warrant. Under certain provisions of the Act, the Coast Guard 

 may request the Bureau of Customs to withhold an offending vessel's clearance to 



