241 



either of the undersigned. We will be submitting shortly, under separate cover, 

 comments on the Draft Protocol Relating to Intervention on the High Seas in 

 Cases of Marine Pollution by Substances Other Than Oil. 

 Very truly yours, 



Eldon V. C. Greenberg, 

 Richard A. Frank, 

 Counsel to Sierra Cluh, Environmental Defense Fund, Naliiral Resources 

 Defense Council, National Parks and Conservation Association, and 

 Friends of the Earth. 



Statement of Jesse M. Calhoon, President, National Marine Engineebs' 



Beneficial Association, AFL-CIO 



My name i.'* Jesse M. Calhoon. I am President of National Marine Engineers 

 Beneficial Association, AFIj-CIO. MEBA is a labor organization representing, 

 among other groups, licensed marine engineers aboard American flag seagoing 

 ve.ssels. 



More than any other labor organization in the maritime industry MEBA 

 recognizes the problems created by oil pollution. As licensed marine engineers 

 our members are acutely aware of the damage to our navigable waters caused 

 by oil pollution. We are aware of the need for adequate legislation in this area 

 and support all reasonable efforts to eliminate or minimize the serious hazards 

 created by oil pollution. 



S. 1067 is intended to impose more stringent restrictions on the discharge 

 of oil and oily mixtures from vessels anywhere on the high seas. It is intended 

 to expand the prohibitions on the type of discharge, the discharge rate and the 

 quantity of oil discharge. It is also intended to expand the area in which such 

 discharges are prohibited. 



We support these objectives. We agree with the imposition of more severe 

 resti-ictions on pollution of the high seas. MEBA supports legislation which will 

 limit the discharge of oil or oily mixtures by oceangoing vessels and thus reduce 

 pollution on the high seas. 



I cannot help but point out that the application of this legislation and of the 

 Oil Pollution Act of 1961 are limited to American flag vessels. The Oil Pollution 

 Act of 1961 defines the term "ship" to mean any seagoing vessel of any type 

 whatsoever of American registry or nationality. Among the category of vessels 

 excluded from the definition are naval ships and ships used as naval auxiliaries. 



I think it is extremely unfortunate that this kind of limitation must be placed 

 on the applicability of this legislation. It is frankly absurd for the Congress of 

 the United States to impose restrictions on American flag vessels when foreign 

 flag vessels are not subject to the same requirements and would be pennitted 

 to pollute the high seas without penalty. 



I am aware that the limitation of this legislation to American flag vessels may 

 be the extent to which Congress has the power to legislate. But I want to em- 

 phasize that the effect of this legislation, and the Oil Pollution Act of 1961, is 

 that a foreign flag vessel may enter American waters and discharge oil or oily 

 mixture while an American vessel is, by this legislation, prohibited from doing 

 go. 



It is true that Section 6 of S. 1067 adopts for the future construction of tankers 

 Annex C of the convention relating to tanker arrangement and limitation of 

 tank size. Hoijefully, this will mean that American flag tankers will in the future 

 be constructed in a fasliion so as to limit their discharge of oil and oily mixture. 

 The proposed legislation permits the Secretary of Transportation to accept 

 certificates of compliance by tankers which are issued pursuant to the conven- 

 tion by other nations. It does empower the Secretary to deny foreign tankers 

 which do not comply with Annex C access to United States ports or offshore 

 terminals. However, I would point out that the standards of other nations in 

 regard to compliance with the convention may be far lower than those imposed 

 by the Secretary of Transportation and this would create only another advan- 

 tage for foreign flag tankers over similar vessels flying the flag of the United 

 States. 



The most serious aspect of this legislation to MEBA is its imposition of 

 penalties upon licensed oflicers as provided in Section 7 of S. 1067. That Section 

 states in its first paragraph that any person who "willfully" discharges oil or 

 oily mixture may be fined and imprisoned for each violation. Section 7(b) fur- 

 ther provides that any person who "willfully or negligently" discharges oil or 

 oily mixture is liable to a substantial civil penalty of a large monetary amount. 



