365 



Before taking these measures, the Secretary shall (1) consult, through the 

 Secretary of State, with other countries affected by the marine casualty, and 

 particularly with the flag country of any ship involved ; (2) notify without delay 

 the Administrator of the Environmental Protection Agency and any other persons 

 known to the Secretary, or of whom he later becomes aware, who have interests 

 which can reasonably be expected to be affected by any personal measures ; and 

 (3) consider any views submitted in resiwnse to such consultation or notification. 

 In cases of extreme urgency requiring measures to be taken immediately, the 

 Secretary may take those measures rendered necessary by the urgency of the 

 situation without prior consultation or notification or without the continuation 

 of consultations already begun. The measures taken must be proportionate to the 

 damage, actual or threatened, to the coastline or related interests of the United 

 States. 



The United States will pay compensation to the extent of damage caused by 

 measures which exceed those reasonably necessary to achieve the purpose of the 

 Convention. 



The Secretary shall use his best endeavors to (1) assure the avoidance of risk 

 to human life; (2) render all possible aid to distressed i>ersons ; and (3) not 

 unnecessarily interfere with the rights and interests of others. 



No measures may be taken under the authority of this bill against any war- 

 ship or other ship owned or operated by a country and used, for the time being, 

 only on government non-commercial services. 



The revolving fund established under section 311 (k) of the Federal Water 

 Pollution Control Act will be available for financing Federal actions ^nd activi- 

 ties under this bill. At this time the fund is available lor removal of oil in the 

 navigable waters and contiguous zone of the United States and for actions taken 

 pursuant to Section 311(d). Any person who willfully violates a provision of the 

 proposed bill or a regulation issued thereunder shall be fined not more than 

 $10,000 or imprisoned for not more than one year, or both. 



III. EFFECTS OF MARINE OIL POLLUTION 



Although the total and long-term effects of marine oil pollution are not yet fully 

 known, it is clear that oil pollution represents a serious threat to the marine and 

 coastal environment. 



Oil slicks represent a serious danger to seabirds. The coating of feathers with 

 oil may cause the breakdown of feather structure which would, in turn, result in 

 loss of insulating and waterproofing capabilities. Death from heat loss and by 

 starvation could easily result. Death could also occur from ingestion of toxic sub- 

 stances in the oil as the bird preens its feathers [1]. Further reductions of bird 

 populations could result from destruction of breeding, moulting, migration or 

 wintering areas [2]. Major discharges of oil result in the immediate deaths of 

 thousands of seabirds, in some cases estimates of bird fatalities from single spills 

 have exceeded 100,000 [3]. Deaths resulting from indirect causes such as con- 

 taminated food may also result in substantial bird losses. 



Fish and shellfish are also affected by discharged oil. Ingestion of toxic hydro- 

 carbons contained in oil by these organisms can cause death. Oil coating of the 

 epithelial tissue can also be fatal. Bottom-dwelling organisms are especially 

 threatened by oil pollution. Most toxic hydrocarbons appear to persist and cause 

 severe damage on the sea bottom long after surface slicks have settled or dis- 

 pensed. This persistence may destroy the bottom-dwelling organisms which in turn 

 may reduce fish populations which depend on them for food. The loss of these bot- 

 tom organisms, which help hold the sand together, could also result in erosion 

 of the sea bottom. 



Many organisms are indirectly affected by oil pollution. The flesh of fish and 

 shellfish becomes tainted with oil which renders it unfit for human consumption. 

 The oil may not be sufficient to cause death but it can severely stress the organism. 

 This stress can result in poor reproductive performance, lower resistance to other 

 sti'esses and reduced ability to obtain food. 



The estuarine tidal marsh is one of the most productive ecosystems [4]. Pollu- 

 tion of our estuaries cannot only reduce the normal populations there, but can 

 also interfere with the breeding cycles of many marine species that frequent 

 the area [o]. Algae, planktonic life and other marine organisms in the estuary 

 are important sources of food. The ecological balance of a marine area may be 

 altered due to changes in the composition of these organisms. Sedentary forms 

 of marine life are specially hard hit because of their inability to escape exposure 

 to the oil. 



