exclusive U.S. management authority. Although 
many aspects of the regulations relate only to tank 
ships and tank barges, these regulations also apply 
to merchant ships, fishing boats, and recreational 
boats. Standards for bilge and ballast piping, oil 
transfer hoses, qualifications for the person-in- 
charge of an oil transfer, and required tests and 
records are also set out in the regulations. 
Section 311 of the Federal Water Pollution Con- 
trol Act of 1972 prohibits the discharge of a harmful 
quantity of oil and hazardous substances in any 
form into or upon U.S. navigable waters, shorelines, 
of contiguous zone (now encompassing the entire 
riverine system within the United States upstream to 
the source), and seaward as may be included in the 
Clean Water Act of 1977. The person in charge of 
the vessel or an onshore or offshore facility must 
notify the Coast Guard National Response Center 
in the event of any discharge of a harmful quantity 
of oil or hazardous substances. The penalty against 
an owner or operator for discharging a harmful 
quantity of oil is a civil penalty of not more than 
$5,000 administered by the Coast Guard. The pen- 
alty for failure to report a discharge is a criminal 
penalty of not more than $10,000 and/or 1 year 
imprisonment. 
The owner or operator is liable to the U.S. Gov- 
ernment for removal costs of an oil discharge. An 
inland oil barge owner is limited in liability to the 
greater of $125,000 or $125 per gross ton of the 
barge and, in the case of any other vessel, $150 per 
gross ton, or for a vessel carrying oil or hazardous 
substances as cargo, $250,000 or $150 per gross 
ton, whichever is greater. Facilities are liable up to 
$50 million. Where the United States can show 
that the discharge was the result of willful negligence 
or willful misconduct within the privity and knowl- 
edge of the owner, then there is no limit to the 
liability for cleanup; the owner or operator must pay 
all the costs. No liability exists for discharges caused 
solely by acts of God or war, negligence on the part 
of the U.S. Government, an act or omission by a 
third party, or any combination of these causes. 
Violations of the pollution prevention regulations 
or any other regulations governing oil pollution is- 
sued pursuant to the Federal Water Pollution Control 
Act, as amended, carry a civil penalty of not more 
than $5,000. 
A Pollution Information Response System was 
placed in operation in 1973. This provides spill 
analysts with complete pollutant discharge histories 
and data for analysis of spill occurrences. The system 
includes data relating to the time, specific location, 
source, primary cause, secondary cause, tertiary 
cause, material spilled, and volume of all polluting 
incidents. The weather and sea condition at the time 
of the spill and resources affected by the spill are 
described in detail for each polluting accident. Spill 
response, cleanup activities, and penalty actions are 
also described in detail for each polluting incident. 
In 1976, the Coast Guard identified over 12,685 
discharges. Of a possible $67,600,000 in civil pen- 
alties, $1,491,000 was assessed against illegal dis- 
charges. To reduce the number of “mystery” spills, 
the Coast Guard had developed a series of scientific 
techniques to “fingerprint” oil spills by chemical 
analysis in order to match them to their source. To 
respond to major or unusual discharges, the Coast 
Gaurd has developed the National Strike Force con- 
sisting of 55 highly trained personnel on the Atlantic, 
Gulf, and Pacific coasts to assist the spill cleanup 
“On-Scene Coordinator.” In addition to domestic 
pollution emergencies, the Strike Force has assisted 
foreign governments (upon diplomatic request) in 
several pollution incidents. 
The Ports and Waterways Safety Act of 1972 
gives the Coast Gaurd the statutory authority to deal 
with the increasing safety hazards of maritime trans- 
portation and with pollution resulting from the op- 
eration of, and casualties to, vessels carrying oil or 
hazardous substances. The Coast Guard has promul- 
gated regulations that apply to the design, equip- 
ment, and operation of U.S. tank vessels. Addi- 
tionally, regulations have been published that extend 
those rules to U.S. tank vessels carrying oil in 
foreign trade and foreign tank vessels entering the 
navigable waters of the United States. 
Title I of the Ports and Waterways Safety Act of 
1972 authorizes the Coast Guard to implement Ves- 
sel Traffic Services (VTS), which include strengthen- 
ing navigation regulations, establishing limited 
navigation areas, and providing basic traffic separa- 
tion schemes for both ocean and coast. Vessel Traffic 
Services have been established in five major port 
areas using advanced systems of surveillance and 
communications to regulate navigation. The effec- 
tiveness of VTS is manifest in the improved safety 
record of the ports operating with traffic separation 
schemes.7® 
Oil Spill Liability and Compensation 
In recent years, with increasing public concern 
over marine oil pollution, Federal and State govern- 
ments began enacting laws pertaining to liability for 
vessels and handling facilities. In each instance, they 
have attempted to clarify and expand liability stand- 
ards, impose preventive requirements, and ensure 
some type of compensation. 
U.S. Congress, Senate, Committee on Commerce. Ports and 
Waterways Safety. 94th Cong., 2d sess. Washington, D.C., 
Government Printing Office 1976, p. 60. 
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