c. Intervention on the High Seas Act Public Law 93-248 [S. 1070], 88 Stat. 8, approved February 5, 1974, as amended by Public Law 95-302 [S. 2380], 92 Stat. 344, approved June 26, 1978; and by Public Law 97-164 [Federal Courts Improvement Act of 1982; H.R. 4482], 96 Stat. 25 at 49, approved April 2, 1982 AN ACT To implement the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969.1 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 "Intervention on the High Seas Act". Sec. 2.2 As used in this Act (1) "a substance other than convention oil" means those oils, noxious substances, liquefied gases, and radioactive substances (A) enumerated in the protocol, or (B) otherwise determined to be hazardous under section 4(a); (2) "convention" means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, including annexes thereto; (3) "convention oil" means crude oil, fuel oil, diesel oil, and lubricating oil; (4) "Secretary" means the Secretary of the department in which the Coast Guard is operating; (5) "ship" means (A) a seagoing vessel of any type whatsoever, and (B) 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 the subsoil thereof; (6) "protocol" means the Protocol Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other Than Oil, 1973, including annexes thereto; and (7) "United States" means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Marianas, and any other commonwealth, territory, or possession of the United States. Sec. 3.3 Whenever a ship collision, standing, or other incident of navigation or other occurrence on board a ship or external to it re 1 See boxnote page 2. 233 U.S.C. 1471. Sec. 1(1) of Public Law 95-302 (92 Stat. 344) comprehensively amended and restated sec. 2. 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 par. (6) became effective for the United States. 3 33 U.S.C. 1472. sulting in material damage or imminent threat of material damage to the ship or her cargo creates, as determined 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 convention oil or of the sea or atmosphere by a substance other than convention oil which may reasonably be expected to result in major harmful consequences, the Secretary may, except as provided for in section 10, without liability for any damage to the owners or operators of the ship, to her cargo or crew, or to underwriters or other parties interested therein, take measures on the high seas, in accordance with the provisions of the convention, the protocol 5 and this Act, to prevent, mitigate, or eliminate the danger. Sec. 4.6 (a) 7 The Secretary, after consultation with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, shall determine when a substance other than those enumerated in the protocol is liable to create a hazard to human health, to harm living resources, to damage amenities, or to interfere with other legitimate uses of the sea. 7 (b) In determining whether there is grave and imminent danger or major harmful consequences to the coastline or related interests of the United States, the Secretary shall consider the interests of the United States, directly threatened or affected including but not limited to, human health, fish, shellfish, and other living marine resources, wildlife, coastal zone, and estuarine activities, and public and private shorelines and beaches. 8 Sec. 5.9 Upon a determination under section 3 of this Act of a grave and imminent danger to the coastline or related interests of the United States, the Secretary may (1) coordinate and direct all public and private efforts directed at the removal or elimination of the threatened pollution damage; (2) directly or indirectly undertake the whole or any part of any salvage or other action he could require or direct under subsection (1) of this section; and (3) remove, and, if necessary, destroy the ship and cargo which is the source of the danger. Sec. 6.10 Before taking any measure under section 5 of this Act, the Secretary shall 4 Sec. 1(2)(A) of Public Law 95-302 (92 Stat. 344) added the phrase "convention oil or of the sea or atmosphere by a substance other than convention oil" in lieu of the word "oil". 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. 5 Sec. 1(2)(B) of Public Law 95-302 (92 Stat. 344) added the words "convention, the protocol" in lieu of the word "Convention". 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. 633 U.S.C. 1473. 7 Sec. 1(3) of Public Law 95-302 (92 Stat. 344) designated the existing text of sec. 4 as subsec (b) and added a new subsec. (a). 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. 8 Sec. 1(3) of Public Law 95-302 (92 Stat. 344) added the words "human health,". 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. 933 U.S.C. 1474. 10 33 U.S.C. 1475. (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 Claims Court, 15 in any district court of the United States, and 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 11 33 U.S.C. 1476. 133 U.S.C. 1479. 1s 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) 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) Any person who (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, shall be fined not more than $10,000 or imprisoned not more than one year, or both. (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. 13.19 (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. 20 (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.21 (c) 21 The President may accept amendments to the list of substances other than convention oil in accordance with article III of the protocol. 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 33 U.S.C. 1482. 20 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. 2(6) of this Act became effective for the United States. 21 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. Sec. 14.22 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. 15.23 This Act shall be interpreted and administered in a manner consistent with the convention, the protocol, 24 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. 16.25 The Secretary may issue reasonable rules and regulations which he considers appropriate and necessary for the effective implementation of this Act. Sec. 17.26 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. Sec. 18.27 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. 22 33 U.S.C. 1483. 23 33 U.S.C. 1484. 24 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. 25 33 U.S.C. 1485. 26 33 U.S.C. 1486. 27 33 U.S.C. 1487. |