364 



of the owner of the vessel to governments and private parties for the damage 

 caused by oil pollution. 



Article I of the Convention relating to Intervention on the High Seas es- 

 tablishes a coastal nation's right to "take such measures on the high seas as 

 may be necessary to prevent, mitigate or eliminate grave and imminent danger 

 to their coastline or related interests from pollution or threat of pollution of 

 the sea by oil, following upon a maritime casualty or acts related to such a 

 casualty". A "grave and imminent danger", while defined in neither the bill, nor 

 the Convention can be interpreted to mean a serious threat which may reason- 

 ably be expected to result in major harmful consequences. The Convention does 

 not authorize measures against any warship or other ship owned or operated 

 by a State and used, for the time being, only on government non-commercial 

 service. Article III lists various requirements, including notification of the other 

 parties involved, relating to the measures permitted by Article I. Article V 

 stipulates that measures taken "shall be proportionate to the damage actual or 

 threatened * * *" and Article VI provides for comi>ensation to be paid "to the 

 extent of the damage caused by measures which exceed those reasonably neces- 

 sary to achieve the end mentioned in Article I." 



II. DESCRIPTION OF THE PROPOSED ACTION 



A. Proposal and Objectives 



The proposed bill, the Intervention on the High Seas Act (S. 1070), would im- 

 plement the International Convention relating to Intervention on the High Seas 

 in Cnses of Oil Pollution Casualties, 1969, which was approved by the Senate on 

 September 20, 1971. The Convention permits a coastal nation to take whatever 

 action may be necessary to prevent, mitigate, or eliminate a threat of oil ix)llution 

 resulting from a maritime accident on the high seas. Under Section 311(d) of 

 the Federal Water Pollution Control Act, the government can take appropriate 

 action to remove or eliminate a threat of an oil discharge when the vessel is 

 within the navigable waters of the United States. 



When a maritime accident occurs outside U.S. territorial waters, the bill would 

 give the Secretary of the department in which the Coast Guard oi)erates. the 

 authority to take appropriate action against United States and foreign vessels 

 when there exists a grave and imminent danger to the coastline or related inter- 

 ests of the United States from pollution or threat of pollution of the sea by oil dis- 

 charge which may reasonably be expected to result in major harmful conse- 

 quences. That authority is subject to reasonable safeguards under the proposed 

 bill. The objective of this bill is to reduce one source of the pollution of United 

 States waters by oil. 



B. Major features of the bill 



Whenever a ship collision, stranding, or other incident of navigation, or other 

 occurrence onboard a ship or external to it resulting in material damage or 

 imminent threat of material damage to the ship or her cargo creates, as deter- 

 mined by the Secretary, a grave and imminent danger to the coastline or related 

 interests of the United States from pollution or threat of pollution of the sea' by 

 oil which may reasonably be expected to result in major harmful consequences, 

 the Secretary may. with certain exceptions, without liability for any damage to 

 the owner or operator of the ship, to her cargo or crew, or to underwriters or 

 other interested parties, take measures on the high seas, in accordance with the 

 provisions of the Convention and this bill, to prevent, mitigate, or eliminate that 

 danger. 



Ship, as defined by the bill means any seagoing vessel of any type whatsoever, 

 and any floating craft, except an installation or device engaged in the exploration 

 and exploitation of the resources of the seabed and the ocean floor and subsoil. 



In determining whether there is a grave and imminent danger of major harm- 

 ful consequences to the coastline or related interests of the I'nited States, the 

 Secretary must cons^'der the interests of the United States directly threatened or 

 affe<'te<l. including, but not limited to. fish, shellfish and other living marine re- 

 sources, wildlife, coastal zone and estuarine activities, and public and private 

 shorelines and beaches. 



Upon such a determination, the Secretary may (1) coordinate and direct all 

 public and private efforts directed at the removal or elimination of the threatened 

 jiollution damage: (2) directly or indirectly undertake the whole or any part of 

 any salvage or other authorized action ; and (3) remove, and. if necessary, destroy 

 the ship and cargo which is the source of the danger. 



