Sec. 6.10 Before taking any measure under section 5 of this Act, the Secretary shall

(1) consult, through the Secretary of State, with other countries affected by the marine casualty, and particularly with the flag countries 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 proposed measures; and

(3) consider any views submitted in response to the consultation or notification required by subsections (1) and (2) of this section.

Sec. 7.11 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 the prior consultation or notification as required by section 6 of this Act or without the continuation of consultations already begun.

Sec. 8.12 (a) Measures directed or conducted under this Act shall be proportionate to the damage, actual or threatened, to the coastline or related interests of the United States and may not go beyond what is reasonably necessary to prevent, mitigate, or eliminate that damage.

(b) In considering whether measures are proportionate to the damage the Secretary shall, among other things consider

(1) the extent and probability of imminent damage if those measures are not taken;

(2) the likelihood of effectiveness of those measures; and

(3) the extent of the damage which may be caused by those

measures.

Sec. 9.13 In the direction and conduct of measures under this Act the Secretary shall use his best endeavors to

(1) assure the avoidance of risk to human life;

(2) render all possible aid to distressed persons, including facilitating repatriation of ships' crews; and

(3) not unnecessarily interfere with rights and interests of others, including the flag state of any ship involved, other foreign states threatened by damage, and persons otherwise concerned.

Sec. 10.14 (a) The United States shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in section 3.

(b) Actions against the United States seeking compensation for any excessive measures may be brought in the United States Court of Federal Claims, 15 in any district court of the United States, and

10 33 U.S.C. 1475. 1133 U.S.C. 1476. 12 33 U.S.C. 1477. 13 33 U.S.C. 1478.

1433 U.S.C. 1479.

15 Sec. 902(b)(1) of Public Law 102-572 (106 Stat. 4516) provided that any reference in any Federal law or any document to the "United States Claims Court" shall be deemed to refer to the "United States Court of Federal Claims". Previously, reference to the United States Claims Court was substituted in lieu of a reference to the United States Court of Claims by sec. 161(6) of the Federal Courts Improvement Act (Public Law 97-164; 96 Stat. 49).

in those courts enumerated in section 460 of title 28, United States Code. For purposes of this Act, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii, and the Trust Territory of the Pacific Islands shall be included within the judicial districts of both the District Court of the United States for the District of Hawaii and the District Court of Guam.

(c) 16 With respect to intervention for a substance identified pursuant to section 4(a), the United States has the burden of establishing that, under the circumstances present at the time of the intervention, the substance could reasonably pose a grave and imminent danger analogous to that posed by a substance enumerated in the protocol.

Sec. 11.17 The Secretary of State shall notify without delay foreign states concerned, the Secretary-General of the Inter-Governmental Maritime Consultative organization, and persons affected by measures taken under this Act.

Sec. 12.18 (a) A person commits a class A misdemeanor if that person

19

(1) willfully violates a provision of this Act or a regulation issued thereunder; or

(2) willfully refuses or fails to comply with any lawful order or direction given pursuant to this Act; or

(3) willfully obstructs any person who is acting in compliance with an order or direction under this Act.20

(b) In a criminal proceeding for an offense under paragraph (1) or (2) of subsection (a) of this section it shall be a defense for the accused to prove that he used all due diligence to comply with any order or direction or that he had reasonable cause to believe that compliance would have resulted in serious risk to human life.

Sec. 13.21 (a) The Secretary, in consultation with the Secretary of State and the Administrator of the Environmental Protection Agency, may nominate individuals to the list of experts provided for in article III of the Convention and article II of the protocol and may propose amendments to the list of substances other than convention oil in accordance with article III of the protocol.22

(b) The Secretary of State, in consultation with the Secretary, shall designate or nominate, as appropriate and necessary, the negotiators, conciliators, or arbitrators provided for by the convention and the protocol.23

16 Sec. 1(4) of Public Law 95-302 (92 Stat. 345) added subsec. (c). As provided in Sec. 2 of Public Law 95-302, this amendment did not become effective until March 30, 1983, when the protocol referred to in sec. 2(6) of this Act became effective for the United States.

17 33 U.S.C. 1480.

18 33 U.S.C. 1481.

19 Sec. 4302(1)(1) of the Oil Pollution Act of 1990 (Public Law 101-380; 104 Stat. 539) struck out "Any person who" and inserted in lieu thereof "A person commits a class A misdemeanor if that person".

20 Sec. 4302(1)(2) of the Oil Pollution Act of 1990 (Public Law 101-380; 104 Stat. 539) struck out", shall be fined not more than $10,000 or imprisoned not more than one year, or both" in par. (3). 2133 U.S.C. 1482.

22 Sec. 1(5)A) of Public Law 95-302 (92 Stat. 345) added the words to this point beginning with "and article II of the protocol * **". As provided in sec. 2 of Public Law 95-302, this amendment did not become effective until March 30, 1983, when the protocol referred to in sec.

(c) 23 The President may accept amendments to the list of substances other than convention oil in accordance with article III of the protocol.

Sec. 14.24 No measures may be taken under authority of this Act against any warship or other ship owned or operated by a country and used, for the time being, only on Government noncommercial service.

Sec. 15.25 This Act shall be interpreted and administered in a manner consistent with the convention, the protocol,26 and other international law. Except as specifically provided, nothing in this Act may be interpreted to prejudice any otherwise applicable right, duty, privilege, or immunity or deprive any country or person of any remedy otherwise applicable.

Sec. 16.27 The Secretary may issue reasonable rules and regulations which he considers appropriate and necessary for the effective implementation of this Act.

Sec. 17.28 The Oil Spill Liability Trust Fund shall be available to the Secretary for actions taken under sections 5 and 7 of this Act.

Sec. 18.29 This Act shall be effective upon the date of enactment, or upon the date the convention becomes effective as to the United States, whichever is later.

23 Sec. 1(5) of Public Law 95-302 (92 Stat. 345) substituted the word "protocol" in lieu of the words "annexes thereto" in subsec. (b) and added a new subsec. (c). As provided in sec. 2 of Public Law 95-302, this amendment did not become effective until March 30, 1983, when the protocol referred to in sec. 2(6) of this Act became effective for the United States.

24 33 U.S.C. 1483.

25 33 U.S.C. 1484.

26 Sec. 2(6) of Public Law 95-302 (92 Stat. 345) added the words ", the protocol,". As provided in sec. 2 of Public Law 95-302, this amendment did not become effective until March 30, 1983, when the protocol referred to in sec. 2(6) of this Act became effective for the United States. 27 33 U.S.C. 1485.

28 33 U.S.C. 1486. Sec. 2001 of the Oil Pollution Act of 1990 (Public Law 101-380; 104 Stat. 506) amended and restated sec. 17. It formerly read as follows:

"The revolving fund established under section 311(k) of the Federal Water Pollution Control Act shall be available to the Secretary for Federal actions and activities under section 5 of this Act.".

29 33 U.S.C. 1487.

3. Tuna Conventions

a. Tuna Conventions Act of 1950, as amended

Public Law 81-764 [S. 2633], 64 Stat. 777, approved September 7, 1950; as amended by Public Law 87-814 [S. 2568], 76 Stat. 923, approved October 15, 1962; Public Law 92-471 (H.R. 9501], 86 Stat. 784, approved October 9, 1972; and by Public Law 102-523 [International Dolphin Conservation Act of 1992; H.R. 5419], 106 Stat. 3425, approved October 26, 1992

AN ACT To give effect to the Convention for the Establishment of an International Commission for the Scientific Investigation of Tuna, signed at Mexico City January 25, 1949,1 by the United States of America and the United Mexican States, and the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington, May 31, 1949,2 by the United States of America and the Republic of Costa Rica, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Tuna Conventions Act of 1950".

Sec. 2.3 As used in this chapter, the term—

(a) "convention" includes (1) the Convention for the Establishment of an International Commission for the Scientific Investigation of Tuna, signed at Mexico City, January 25, 1949, by the United States of America and the United Mexican States, (2) the Convention for the Establishment of an InterAmerican Tropical Tuna Commission, signed at Washington, May 31, 1949, by the United States of America and the Republic of Costa Rica, or both such conventions, as the context requires;

(b) "commission" includes (1) the International Commission for the Scientific Investigation of Tuna, (2) the Inter-American Tropical Tuna Commission provided for by the conventions referred to in subsection (a) of this section, or both such commissions, as the context requires;

(c) "United States Commissioners" means the members of the commissions referred to in subsection (b) of this section representing the United States of America and appointed pursuant to the terms of the pertinent convention and section 3 of this Act;

(d) "person" means every individual, partnership, corporation, and association subject to the jurisdiction of the United States and

(e) 4 "United States" shall include all areas under the sovereignty of the United States, the Trust Territory of the Pacific Islands, and the Canal Zone.

*Public Law 87-814 substituted definition of "United States" for definition of "enforcement agency."

Sec. 3.5 The United States shall be represented on the two commissions by a total of not more than four United States Commissioners, who shall be appointed by the President, serve as such during his pleasure, and receive no compensation for their services as such Commissioners. Of such Commissioners

(a) not more than one shall be a person residing elsewhere than in a State whose vessels maintain a substantial fishery in the areas of the conventions;

(b) at least one of the Commissioners who are such legal residents shall be a person chosen from the public at large, and who is not a salaried employee of a State or of the Federal Government;

(c) at least one shall be an officer of the United States Fish and Wildlife Service;6 and

(d) at least one shall be chosen from a nongovernmental conservation organization.

Sec. 4.8 The United States Commissioners shall (a) appoint an advisory committee which shall be composed of not less than five nor more than fifteen persons who shall be selected from the various groups participating in the fisheries included under the conventions, and from nongovernmental conservation organizations,9 and (b) shall fix the terms of office of the members of such committee, who shall receive no compensation for their services as such members. The advisory committee shall be invited to attend all nonexecutive meetings of the United States sections and shall be given full opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the commissions. The advisory committee may attend all meetings of the international commissions to which they are invited by such commissions.

Sec. 5.10 *** [Repealed-1972]

Sec. 6.11 (a) The Secretary of State is authorized to approve or disapprove, on behalf of the United States Government, bylaws, and rules, or amendments thereof, adopted by each commission and submitted for approval of the United States Government in accordance with the provisions of the conventions, and, with the concurrence of the Secretary of the Interior, 12 to approve or disapprove the general annual programs of the commissions. The Secretary of State is further authorized to receive, on behalf of the United States Government, reports, requests, recommendations, and other

5 16 U.S.C. 952.

6 In a transfer of functions pursuant to Reorganization Plan No. 4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970, "Department of Commerce" has been substituted in lieu of "United States Fish and Wildlife Service" in the United States Code.

7 Sec. 3(a)(1) of the International Dolphin Conservation Act of 1992 (Public Law 102-523; 106 Stat. 3433), struck "and" at the end of subsec. (b); struck a period at the end of subsec. (c), and inserted "; and" in lieu thereof; and added subsec. (d).

816 U.S.C. 953.

9 Sec. 3(a)(2) of the International Dolphin Conservation Act of 1992 (Public Law 102-523; 106 Stat. 3433) inserted "and from nongovernmental conservation organizations," after "under the conventions,".

10 Formerly at 16 U.S.C. 954. Repealed by Public Law 92-471 (86 Stat. 784). 1116 U.S.Č. 955.

12 In a transfer of functions pursuant to Reorganization Plan No. 4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970, "Secretary of Commerce" was substituted in lieu of "Secretary of the Interior" in the United States Code. In this Act, Public Law 87-814 substituted "Secretary of the Interior" for "head of the enforcement agency".