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Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties ; 

 and S. 1351, a bill to amend the Marine Protection, Research, and Sanctuaries 

 Act of 1972. 



'These bills signify to others the willingness of the United States Government to 

 amend its domestic legislation in order to comply with international agreements 

 on marine pollution and to promote international cooperation on matters of the 

 environment. 



The 1969 and 1971 amendments, to which S. 1067 refers, were drawn up in 

 the wake of the Torrey Canyon disaster of 1967, in which that oil tanker, 

 grounded off the southwest coast of England, released massive quantities of oil 

 into the sea, polluting British and French beaches, flora, and fauna. The amend- 

 ments represent significant progress toward prevention and control of such 

 incidents. 



This proposed legislation was motivated by four sets of amendments to the 

 1954 Convention for the Prevention of the Pollution of the Sea by Oil. Tlie amend- 

 ments were duly adopted by the Assembly of the Inter-Govermnental Maritime 

 Consultative Organization in 1969 and in 1971. 



The first set of amendments, adopted in 1969 provides for more rigid con- 

 trols over the discharge of oil and oily mixtures by tanker vessels so as to min- 

 imiz-a intentional i>ollution of the seas. They impose strict requirements upon 

 discharges permitted under the convention by setting specific rates of oil dis- 

 charge, limiting the maximum oil content of tlie discharge, and limiting the total 

 quantity of oil which may be discharged by ships on ballast voyages. 



There ai-e three sets of 1971 amendments. These provide for (1) the extension 

 of the rigorous limitations on oil discharges prescribed by the Oil Pollution Con- 

 vention to the Great Barrier Reef, an ecologically sensitive and unique area off 

 the northeastern coast of Aui-'tralia, by a redefinition of the designation "near- 

 est land", (2) requirements for the design of super tankers through limitations 

 on the volume and dimension of tanks, the location of center and wing tanks 

 and their construction and associated equipment so as to minimize the potential 

 outflow of oil from these large shii>s in the event of a collision, stranding, or other 

 casualty and, (3) the assessment of civil ijenalties in addition to the criminal 

 penalties to which the Oil Pollution Act of 1961 is limited. 



The Department of State believes that the implementation of these amend- 

 ments is a very important part of the programs of both the United States and 

 the Inter-Governmental Maritime Consultative Organization, in creating a wide- 

 ly observed international system for the prevention of pollution of the seas by 

 oil. 



The second Mil, S. 1070, known as the Intervention on the High Seas Act, 

 would implement the 1969 International Convention Relating to Intervention on 

 the High Seas in Cases of Oil Pollution Casualties to which the Senate gave 

 advice and consent on September 20, 1971. The Convention pei-mits a coastal na- 

 tion to take any necessary action to prevent, mitigate, or eliminate a threat of 

 oil pollution resulting from a maritime casualty beyond that coastal State's 

 territorial sea, the authority of which is subject to several safeguards. The Con- 

 vention also addresses some international problems, of the type which arose 

 following the Torrey Canyon disaster. 



The bill places the authority for action in the Secretary of the department 

 in which the Coast Guard is operating. In appropriate circumstances, actions 

 could be taken against United States and foreign vessels. Exercise of that au- 

 thority is conditioned by the requirement for an express determination by the 

 Secretary that there exists a "grave and imminent danger to the United States 

 from pollution or threat of pollution of the sea by oil." The bill provides necessary 

 regulatory authority for the Secretary and sanctions for the effective enforce- 

 ment of that authority. 



The Secretary would be authorized to use the revolving fund established pur- 

 suant to the Federal Water Pollution Control Act as one means of funding ex- 

 traordinary Federal activities under the bill. The revolving fund is now avail- 

 able for Federal clean-up of oil and related activities, in areas subject to United 

 States jurisdiction. Activities on the high seas under this bill will be similar. 



iNo effort is made in the Convention or in this bill to articulate the various 

 types of actions which could be taken. It is not possible to define all the possible 

 incidents because their specific nature may become known only as an emergent 

 situation develops. Under those circumstances, the full exercise of Executive 

 Branch discretion should be available. At the same time, however, the Conven- 

 tion and the proposed bill contain a number of constraints to assure that the 



