370 



zones, except when the ship is proceeding to a port not provided with adequate 

 facilities for the reception of these oily mixtures, without causing undue delay.^ 

 Such discharges are to be made as far as practicable from land. The prohibited 

 zones as established are defined as all areas within fifty miles from the nearest 

 land, subject to extensions effectuated in accordance with the terms of the Con- 

 vention and published in 33 C.F.R. 151. Ships of twenty th<msand gross tons 

 or more, built after the effective date of this Act, are prohibited from discharg- 

 ing oil or an oily mixture anywhere in the oceans except when in the opinion of 

 the master, special circumstances make it neither reasonable nor practicable to 

 retain the oil or oily mixture on board. In this situation, a discharge is permitted 

 outside of a prohibited zone. Discharges prohibited by the Convention do not 

 apply when a discharge is made for the purpose of securing the safety of the 

 ship, preventing damage to a ship or cargo, or saving life at sea, nor do the pro- 

 hibitions apply to the escape of oil or oily mixture resulting from damage to a 

 ship or unavoidable leakage, nor to the discharge of residue arising from the 

 purification or clarification of fuel oil or lubricating oil provided such discharge 

 is made as far from land as practicable. The prohibitions also do not apply to 

 the discharges from the bilges of a ship of an oily mixture containing no oil other 

 than lubricating oil which has drained or leaked from machinery spaces. 



Present Oil Record Book Requirements 



The Act also requires every ship using oil fuel and every tanker to carry 

 an oil record book on board. This book shall have entries whenever any of the 

 following operations takes place in the ship : 



(1) Ballasting of and discharge of ballast from cargo tanks of tankers ; 



(2) Cleaning of cargo tanks of tankers ; 



(3) Settling in slop tanks and discharge of water from tankers ; 



(4) Disposal from tankers of oily residues from slop tanks or other sources ; 



(5) Ballasting, or cleaning during voyage, of bunker fuel tanks of ships other 

 than tankers ; 



(6) Disposal from ships other than tankers of oily residues from bunker fuel 

 tanks or other sources ; 



(7) Accidental or other exceptional discharges or escapes of oil from tankers 

 or ships other than tankers. 



Present Penalties 



The Act provides for criminal and civil penalties for violation of any pro- 

 vision of the Act. Maximum penalties are $2500 (and no less than $500) or 

 imprisonment not exceeding one year, or both a fine and imprisonment for each 

 offense. Failure to comply with Article YII of the Convention, which concerns 

 the prevention of the escape of fuel oil or heavy diesel oil into vessel bilges, shall 

 result in a civil penalty not in excess of $100. Failure to comply with the require- 

 ments for maintaining an oil record book shall result in a liability upon con- 

 viction for a fine not exceeding $1000 nor less than $500. Falsification of entries 

 in an oil record book shall result in a liability upon conviction for a fine not 

 exceeding $1000 nor less than $500 or imprisonment for a term not exceeding 

 six months, or both. 



Proposed Discharge Controls 



The bill amends the 1961 Act by implementing the 1969 and 1971 Amendments 

 to the 1954 International Convention. The 1969 Amendments were approved by 

 the Senate on 20 September 1971. The 1971 Amendments were transmitted to the 

 Senate on 5 May 1972 and are awaiting action. 



The 1969 Amendment imposes more stringent constraints than the present 

 International Convention on oil and oily mixture discharges from vessels any- 



1 The tonnape criteria for tankers and ships other than tankers, as specified In the Act. 

 are based on the flRiires from the Convention. For tankers, only .4GS percent of the total 

 world pross tonnage, and .090.S percent of the total U.S. pross tonnage consist of vessels 

 tinder .500 tons. For ships other than tankers, only 2.61 percent of the total world pross 

 tonnape, and 2. OS percent of the total IT S. gross tonnape consist of vessels under 500 tons 

 (Lloyd's Register of Shipping Statistical Tables. 1971). These flpnres Indicate that only an 

 Insignificant Introduction of oil into the oceans is made by tankers under 1.50 pross tons 

 and ships other than tankers under .500 tons. Additionally, tankers under 1.50 gross tons 

 generally do not travel in the oiien sea and do not ballast their tanks after unloading their 

 carpo. Also, these tankers usually carry oil products and are less apt to ballast their empt.v 

 tanks because it is uneconomical. I?y considerinp these foctors on top of the fact that 

 vessels under 1:50 pross tons make up an extremel.v sni.Mll percentage of the total gross 

 tonnage of tankers In operation (either worldwide or in the I'.S.). the amount of oil or oily 

 mixture discharged by these vessels is a minute fraction of the total amount being dis- 

 charged by all tankers. 



