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Full text of "Effects of man's activities on the marine environment : prepared at the request of Hon. Warren G. Magnuson, chairman, Committee on Commerce, and Hon. Ernest F. Hollings, chairman, National Ocean Policy Study, for the use of the Committee on Commerce and the National Ocean Policy Study"

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94th Congress 


ist Session COMMITTEE PRINT 


EHEFFECTS OF MAN’S ACTIVITIES ON THE 
MARINE ENVIRONMENT 


PREPARED AT THE REQUEST OF 


Hon. WarrREN G. Macnuson, Chairman 
COMMITTEE ON COMMERCE 


AND 
Hon. Ernest F. Howiines, Chairman 
NATIONAL OCEAN POLICY STUDY 
For tHe Us or THE 
COMMITTEE ON COMMERCE 

| AND THE 


NATIONAL OCEAN POLICY STUDY 


Ce MAY 1975 


[O85 

M53 

i9 = ma Printed for the use of the Committee on Commerce, 
United States Senate 


U.S. GOVERNMENT PRINTING OFFICE 
45-670 WASHINGTON :; 1975 


For sale by the Superintendent of Documents, U.S. Government Printing Office 
Washington, D.C. 20402 - Price $1.55 


COMMITTEE ON COMMERCE 
WARREN G. MAGNUSON, Washington, Chairman 


JOHN O. PASTORE, Rhode Island 
VANCE HARTKE, Indiana 
PHILIP A. HART, Michigan 
HOWARD W. CANNON, Nevada 
RUSSELL B. LONG, Louisiana 
FRANK E. MOSS, Utah 

ERNEST F. HOLLINGS, South Carolina 
DANIEL K. INOUYE, Hawaii 
JOHN V. TUNNEY, California 
ADLAI E. STEVENSON, Illinois 
WENDELL H. FORD, Kentucky 


JAMES B. PEARSON, Kansas 

ROBERT P. GRIFFIN, Michigan 

TED STEVENS, Alaska 

J. GLENN BEALL, JR., Maryland 
LOWELL P. WEICKER, Jr., Connecticut 
JAMES L. BUCKLEY, New York 


FREDERICK J. LORDAN, Staff Director 
MICHAEL PERTSCHUCE, Chief Counsel 
S. LYNN SUTCLIFFE, General Counsel 
ARTHUR PANKOPF, Jr., Minority Counsel and Staff Director 


NATIONAL OCEAN POLICY STUDY 


FRoM THE COMMITTEE ON COMMERCE 


ERNEST F. HOLLINGS, South Carolina, Chairman 


WARREN G. MAGNUSON, Washington 
JOHN O. PASTORE, Rhode Island 
VANCE HARTKE, Indiana 
PHILIP A. HART, Michigan 
HOWARD W. CANNON, Nevada 
RUSSELL B. LONG, Louisiana 
FRANK E. MOSS, Utah 

DANIEL K. INOUYE, Hawaii 
JOHN V. TUNNEY, California 
ADLAI E. STEVENSON, Illinois 
WENDELL H. FORD, Kentucky 


JAMES B. PEARSON, Kansas 

ROBERT P. GRIFFIN, Michigan 

TED STEVENS, Alaska 

J. GLENN BEALL, Jx., Maryland 
LOWELL P. WEICKER, JR., Connecticut. 
JAMES L. BUCKLEY, New York 


FrRoM THE COMMITTEE ON PuBLIC WorKS 


EDMUND S. MUSKIE, Maine 


JAMES L. BUCKLEY, New York 


From THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS 


LEE METCALF, Montana 


MARK O. HATFIELD, Oregon 


From THE COMMITTEE ON FOREIGN RELATIONS 


CLAIBORNE PELL, Rhode Island 


CLIFFORD P. CASE, New Jersey 


FrRoM THE COMMITTEE ON APPROPRIATIONS 


LAWTON CHILES, Florida 


CHARLES McC. MATHIAS, Jr., Maryland 


FRoM THE COMMITTEE ON GOVERNMENT OPERATIONS 


ABRAHAM RIBICOFF, Connecticut 


CHARLES PERCY, Illinois 


FRom THE COMMITTEE ON LABOR AND PUBLIC WELFARE 


HARRISON A. WILLIAMS, Jr., New Jersey 


EDWARD M. KENNEDY, Massachusetts 
(Alternate) 


RICHARD S. SCHWEIKER, Pennsylvania. 


FROM THE COMMITTEE ON ARMED SERVICES 


STUART SYMINGTON, Missouri 


WILLIAM L. SCOTT, Virginia 


MeEmMBERS AT LARGE 


HUBERT H. HUMPHREY, Minnesota 
LLOYD BENTSEN, Texas 


J. BENNETT JOHNSTON, Jr., Louisiana 


JOHN TOWERS, Texas 
BOB PACKWOOD, Oregon 
WILLIAM V. ROTH, Jr., Delaware 


JOHN F. Hussey, Director, NOPS 
JAMES P. WALSH, Staff Counsel 
PAMELA L. BALDWIN, Professional Staff Member 
GERALD J. Kovacu, Minority Staff Counsel 


(II) 


LETTER OF TRANSMITTAL 


Dear CouieacuE: The following report, prepared by the Congres- 
sional Research Service at the request of the National Ocean Policy 
Study, presents a comprehensive report on ocean pollution. 

We wish to emphasize that the findings and recommendations in~ 
corporated in this report have neither been approved, disapproved, 
nor considered by the Senate Committee on Commerce or the National 
Ocean Policy Study. Rather, this report, prepared at our request for 
the information and use of the National Ocean Policy Study, is the 
work product of the Congressional Research Service. 

Warren G. Macanuson, 
Chairman, 
Committee on Commerce. 


Ernest F. Houuines, 
Chawman, 
Natronal Ocean Policy Study. 


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LETTER OF SUBMITTAL 


Tue Liprary oF CONGRESS, 
CoNGRESSIONAL RESEARCH SERVICE, 
Washington, D.C., August 26, 1974. 
Hon. Ernest F. Houiinas, 
Chairman, Subcommittee on Oceans and Atmosphere, Committee on 
Commerce, U.S. Senate, Washington, D.C. 

Dear Mr. Cuarrman: In response to your request, I am submitting 
a comprehensive report on ocean pollution. 

The report, entitled “EKifects of Man’s Activities on the Marine 
Environment,” describes most of the salient aspects of ocean poliution 
beginning with the importance of preserving the ocean resource, 
through man’s activities that generate marine pollution, specific marine 
pollutants, private international organizations concerned with marine 
pollution, United Nations conventions and United States legislative 
activities, and current technology for abating ocean pollution. The 
appendixes include lists of harmful substances in the sea, international 
conferences and agreements for controlling marine pollution, recom- 
mendations of the UN Conference on the Human Environment, and 
the recently drafted international conventions on the dumping of 
wastes and prevention of pollution from ships. 

The report was prepared by Dr. James EK. Mielke, Analyst n Marine 
and Earth Sciences. 

We hope that this report serves your committee’s needs as well as 
those of other committees and Members of Congress concerned with 
marine pollution and the National Ocean Policy Study. 

Sincerely, 
Lester S. Jayson, Director. 


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CONTENTS 


Page 
I. Assessing Man’s Influence on the Oceans__...........--_-.------ 1 
importance of the:Oceansss Shsauer Liew ie oe 1 
VIDS P aN OWT KON AGJA Lk EE i i GR Teg A Ah aCe 1 
Extent of Man’s Influence on the Oceans_____......-------- 1 
II. Activities that Generate Marine Pollution_......_.__.__.__._._.______- 3 
Shippingyandy Commence #4 ers Aaa aie ats Yoay S egee Roe d d) 3 
Wiastevblieat Disp oselliyni 22 ce Ui piie x Miyake ees Reo ak EN CRC E AI ih 3 
Oxo er waves Dhow oa oye avg Sey ING SRLS ee OF ci re A a RB ie rma 3 
Industrial and Municipal Waste Discharge___..._.....-____-- 3 
nergy. Developmen taint aii Nps ane eebeiel Hye py luni eyecnteareny Rp So 4 
Comibustionyand Processing {ehh ue Cans aie Bgl ae I 5) 4 
MATa Gary eA CGAL eee Me ree (NG) el DS Pu I 4 
DS exe Kea atf ge Nee mpeg hs gs aH NS wp ala eee he a a a yk 4 
ND Se Se euy Wanna a ee ee ee ee erm ALS) 4 
Adee Specie Wiarime Polit amts sense ee Seve ela ch 8 ely ae NT eh RA 5 
Major; Characteristics (of Pollutants) io 2 a2 0s Hoy eae he Lee 13 5 
Mayor Classes of/ Pollutants eo 2eee ies 1 ee lope 18 Ae ka ater net Hoek 5 
Chiorinated hydrocarbons sais Men teh erie a 5 
Mimi cipal wiastese se fos 2e es Gm e ers cee sala 82 ch ee a Nabe 8 
DOlGUMA terials: Ue eR SS hie MEN REN yu yal Bne SEAT aS ee 10 
Tea vive Te Hall SMe sata pee eae ocala oe MU Lo Ula dN ek nel ta SEAT 11 
Retrole wars seine lbs ieee dincyurell iy Abe SE AL hu peqotiih cea ai Let) ye) ai 14 
Mhermaliy polation ye ey Cyl Rok Nae mee NID eee NR) 17 
ASEAN BVO YEW ON INT ry Ue EW MG ZS SN I ER A a a 18 
Carbon: Gioxid Cra Se 2hiky wea Pain Aue se ieee a ee INE AS 23 
Ven bolicy tor Controlling ’Polutionse fe poles hak nase iy Se ne 25 
AES Se Lira Oso Ms Sta aig bl a a odin te jaca weigh PN a Jee peso AN IN 25 
@hennicalbaselimes/ sii ion Bh ueeson ae aE yaya fra ie ed 25 
Physical [baselimesiar oon kia cela. ah celle ha ERE p 26 
Biological Baselines 5 ey a ule yaya BAe dia aera A 26 
Distribution and Dispersal Mechanisms__............-.----- 26 
INGomiGorgs@ Wai cess Mui uiee MicesO ce Be eA eel OR ht Aide iad are opt YN ell 26 
iBredictionvoL Pollutionvrotentialses ikaw nh ens ya 27 

V. Nongovernmental International Organizations Concerned With 
Marine Pollution: S252 e Selig hee dN fy abel yl heey ia LAN 1) 29 

VI. Unilateral, Bilateral, and Multilateral Activities for Controlling 
Oceara se olllti orm ss CS ce I Ae En A eae 31 
Washineton! C onferencetoh O26 esas allie Dae eed 31 
Bonn Acreement: of; LOGQH te aibb cia ceenp Tis nate a Ron Mean ein 31 
Arctic Waters Pollution Prevention Act of 1970__.._.__..----- ol 
Oslo; Convention joa O (deste a te eel ced NT ies 8 32 
U.S.A.-U.S.8.R. Agreement on Environmental Protection---- 33 
International Decade of Ocean Exploration_...._......------ 33 


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VII. U.N. Activities for Controlling Ocean Pollution._________________ 35 

Organizations Concerned with Marine Pollution________ 35 

Oil’ Pollution: Convention of 1954. ..). 2. (oh ee ee 36 

1962) amen dimienis. 2 ous 20 Us ee ee 36 

1969 amendment. 2 ee ee 36 

1971 amenduanus seer ergs org: eh yao 37 

Geneva Conventionster Pong. Mn a ee 3i6 

Gonvention‘on the high seas: * J... {Je 2 ee 37 
Convention on the territorial sea and the contiguous 

ZOMG) Se ee ae eee Les eg vi oe 38 

Convention on the continental shelf_____..._.__-.______ 38 
Convention on fishing and the conservation of living 

MeESOUr@ese Le fe ase a et eo, OR a 38. 
Conventions and Treaties Affecting Radioactive Pollution of 

the Séas jc 2 2 24. elt oe aa ate ties) tt eee 38 

Intervention Convention of 1969__22-22euL2 22 22 Lee 39° 

Liahility. Conwention of 1969... 2_ fosndeht tens! _ pine. 278 39 

TON ALOP. an@lCRis TAL Je ealatae eae ee 39 

International Fund Convention of 1971_____________-____=___ 40 

Conference on the Human Environment of 1972_____________ 40 
Convention on Marine Pollution by Dumping of Wastes and 

Other Matter of I9720 08. 2 en Ayo Se 41 
International Convention for the Prevention of Pollution from 

Ships of 19732 oO a es 42 

Third U.N. Law of the Sea Conference___2 222,222 222-2 Le 42 

VIII. U.S. Activities for Controlling Ocean Pollution____._____________ 47 

Riversand Harbors Act atu S99 emag aes fer uapet  eee ee 47 

Oil Pollution Conirol, Act of d9as.ce thse: Peel eee 47 

Federal Water Pollution Control Act of 1961_____..___-_____ 47 

Oil Pollition Control. Act.of 1961]... 2sikwatee Aes 7 eee 48 

Marine Resources and Engineering Development Act of 1966__ 48 

Sea Grant and College Program Act of 19662.4..0..--____-_- 49 

Clean Water Restoration Act. of 19660Le2 20. bunts lo. - 88 49: 

National Environmental Policy Act of 1969____._..________- 50 

Water Quality Improvement Act of 1970_2..2.2.-..---__._-- 50 

Federal Water Pollution Control Act Amendments of 1972____ 50 

Marine Protection, Research, and Sanctuaries Act of 1972____ 51 

Coastal Zone Management Act of 1972______.._...-__.___ --_ 52° 

Oil Pollution Act. Amendments of 1973____.2_....._._-_-_____- 53 

Intervention on the High Seas Act of 1974___._____________- 54 
Proposed Act Concerning Compensation for Oil Pollution 

DV ATC dese ale oo at he la te i a 54 

IX. Technology for Abating, Oceaw ‘Polition 2.29. 22 232 ee ee 57 

Prevention:‘of Chronic Discharges!) iu. _ 222 22 teased 57 

Prevention of Accidental Pollution. ..2... 105 Supe 58. 

Pollution Control’and Containment _-.-. 1222222222 224L Le 58 

De, Qvemmienwis.c6oe.4 Jd kewnil a eee oso ade ee 61 

Appendix I Harmful Substances in the Sea_______________-______ 62 
Appendix II Selected International Organizations and Conferences 

Dealing- with. Marine Pollutigns 224 aotlsiiot: Mine Sioa h os 65 
Appendix III International Conventions and Other Agnecmunts for 

Contue) of Marine Pollution: 2 ucvoeoLs ee ee 66 
Appendix IV Recommendations of the UN Conference on the 
Human Environment, Stockholm, Sweden, 5-16 June 1972, 

Relevant to the Global Pollution Problem__’_________________ 67 
Appendix V Convention on the Prevention of Marine Pollution by 

Dumping of Wastes and Other Matter__.___._._____________-_ 72° 


Appendix VI International Convention for the Prevention of 
‘Pollution irom: Ships, 1973.4 222226 G25 ee es Ie ae 83 


J. ASSESSING MAN’S INFLUENCE ON THE OCEANS 


Importance of the Oceans 


The oceans are one of man’s greatest resources. Over seventy 
percent of the earth’s surface is covered by seas. The interaction of 
these areas with the atmosphere is a major determinant of our weather. 
Man depends on the oceans as a major source of his food supply. 
Ocean-going vessels provide a simple and practical means of trans- 
porting large quantities of materials. The oceans themselves are 
essential for man’s existence as nearly all of man’s fresh water supply 
is ultimately derived from the oceans. The ocean resource, like other 
resources, cannot be exploited without limit. 

Definitions 

Contamination and pollution of the oceans are continuing processes 
begun by natural means and heightened by man’s activities. Con- 
tamination is the introduction of any substance foreign to the oceans 
whereas pollution is the addition of a contaminant detrimental to 
ocean use. This often involves a value judgement as to what or how 
much of a contaminant is detrimental. For example, municipal sewage 
can be a health problem or a source of plant nutrients; heated water 
can be fatal to some marine organisms and favorable to others. In 
many cases adequate and reliable data have yet to be gathered to 
enable proper assessment of the effects of ocean pollution. 

There are many ways in which man utilizes marine resources. Many 
of these activities are mutually compatible but some are not. Some 
activities that produced contaminants in the past produce pollutants 
now through an increase in the magnitude of the activities involved. 
With increasing population and technological development, it is 
becoming imperative to develop policies that promote balanced use 
and conservation of the oceans. Without such assessment and planning 
now, there is a high probability that man’s greatest resource, the 
oceans, may become his greatest tragedy. 


Extent of Man’s Influence on the Oceans 


Pollution of the world’s oceans is now possible simply by expansion 
of man’s present activities. For example, disposal of wastes or runoff 
into limited bodies of water is primarily a local problem, and with 
abatement of the pollution, recovery of these bodies is slow but 
possible. With continued discharge, however, there is little hope for 
recovery and the oceans themselves will become polluted. Isolated 
incidents of pollution such as oil spilled or discharged into the ocean 
are local problems, but the sum of many such problems constitutes a 
threat to the entire ocean. Because of the oceans’ size and very long 
mixing cycles, a polluted ocean ultimately poses a threat to man’s 
healthful existence on earth. 


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II. ACTIVITIES THAT GENERATE MARINE POLLUTION 


Man utilizes the oceans and ocean resources in numerous ways. 
Many of man’s activities either directly or indirectly contribute to 
marine pollution. Among the activities that generate pollution are the 
following: shipping and commerce, waste heat disposal, ocean dump- 
ing, industrial and municipal effluent discharge, energy development, 
fuel combustion and industrial processing, military uses, dredging, 
and deep seabed mining. 


Shipping and Commerce 


Pollution derived from shipping and commerce can be either acci- 
dental or deliberate. Accidental pollution arises from disasters such 
as the breaking up of a tanker or spillage from loading facilities. 
Deliberate pollution is generated when a vessel intentionally dis- 
charges oil from its tanks or bilge into the ocean. 


Waste Heat Disposal 


Disposal of waste heat is primarily a coastal problem arising from 
the use of inland and coastal waters as coolants in electric-power 
generation facilities. The return of heated water to bays and estuaries 
has produced ecological changes in the local coastal environment. The 
full effects of these changes are still being evaluated to determine 
whether positive benefits outweight the negative effects. 


Ocean Dumping 


Ocean dumping is still practiced although some countries such as 
the United States have taken strong steps to control dumping in their 
own territories or by their citizens. Dumping includes mainly barging 
wastes out to sea, but disposal from long offshore pipes can also be 
included in this category. These activities in the past have accounted 
for the emplacement on the ocean floor of severely toxic and radio- 
active materials in sealed containers in addition to a wide variety of 
uncontained wastes of a less hazardous nature. 


Industrial and Municipal Waste Discharge 


Discharge of industrial and municipal waste effiuent into streams 
and estuaries also affects the quality of the coastal! marine environ- 
ment. These activities release mainly heavy metals, organic material, 
and nutrients causing eutrophication and pollution of many important. 
seafood producing areas. Bays and estuaries are the most severely 
affected bodies although many ocean fish have been contaminated by 
this discharge. Curtailment of some ocean fisheries and seafood indus 
tries has already resulted. 


(8) 


Energy Development 

Energy development has begun to impinge more widely on the 
marine environment. Offshore exploration, development, and produc- 
tion of oil and gas is continuing to increase rapidly. Both normal 
operations and accidental mishaps such as blowouts can create signifi- 
cant marine pollution. In addition, plans are being discussed for con- 
struction of deep water superports and offshore oil terminals. Floating 
offshore power plants may also begin to affect marine ecosystems. 
Nuclear energy development including atmospheric testing and re- 
processing of nuclear fuels have contributed radioactive pollutants to 
the oceans. While atmospheric testing has decreased,.the use of 
nuclear fuels is increasing rapidly. Radioactive materials enter the 
ocean through the atmosphere-ocean interchange and by discharge 
into rivers or into the ocean directly. 
Combustion and Processing 

Another source of marine pollution entering through the atmosphere- 
ocean interface is derived from the combustion of fossil fuels. Carbon 
dioxide plus the products from incomplete combustion and the oxida- 
tion or vaporization of contaminants in the fuels pollute the atmosphere 
and eventually pollute the oceans. Evaporation of volatile substances 
such as chlorinated hydrocarbons and petroleum products and vapors 
from industrial processing also contribute to ocean pollution via the 
atmosphere. 
Military Activities 

Military use of the oceans for target and bombing practice has 
contributed some measure of pollution. Wartime activities involving 
the sinking of tremendous tonnages of shipping must also be con- 
sidered. Seepage of oil and munitions or other materials from destroyed 
ships may locally affect the marine environment. Testing of nuclear 
weapons has also contributed to ocean pollution both via the atmos- 
phere and directly from oceanic test sites. 
Dredging 

Dredging is primarily a near-shore problem with the exception of 
deep sea mining which will be considered separately. Present dredging 
activities are concerned primarily with port and channel development 
and recovery of commercial minerals such as sand, gravel, shells, 
barite, cassiterite, ilemenite, zircons, gold, and diamonds from estu- 
aries and offshore locations. Future dredging activities may include 
deep-water port construction and the related development of offshore 
oil terminals. 
Deep Seabed Mining 

The recovery of ferromanganese nodules from the ocean floor is 
likely to have an impact on the marine environment. At present, lack 
of international agreements regulating deep seabed mining, concern 
for the security of the investment, and uncertainty regarding the 
environmental impact of the activity is hindering commercial develop- 
ment. Preliminary studies indicate that the environmental disruption 
from the physical aspects of deep seabed mining may be minimal. 


Ill. SPECIFIC MARINE POLLUTANTS 


Man’s activities have generated a number of pollutants in the 
marine environment. Among the specific pollutants are chlorinated 
hydrocarbons, heavy metals, municipal wastes, solid materials, carbon 
dioxide, petroleum, radioactivity, and thermal discharges. 


Major Characteristics of Pollutants 


In order to assess the potential of a pollutant to damage a marine 
ecosystem, several factors must be determined: quantity, toxicity, 
persistence, and mobility. A pollutant must be present in sufficient 
quantity to have a deleterious effect. Toxicity determines the critical 
quantity or concentration of a pollutant necessary to produce detvi- 
mental effects. Persistence allows concentrations to build up over a 
period of time until critical levels are reached. Mobility is important 
as a product released on land will remain there if it is not very mobile. 
Volatility is also an aspect of mobility since the atmosphere is an 
important medium through which some pollutants enter the ocean. 


Major Classes of Pollutants 

Nearly any substance can become a marine pollutant if its use is 
not controlled. However, it is not the intent of this study to list every 
possible contaminant but to consider only those of major or potentiaily 
major significance. These are the pollutants that must be considered 
in formulating a policy of ocean resource utilization. These pollutants, 
in the absence of a policy or other controls, will ultimately determine 
the extent to which the ocean’s resources can be developed. To sup- 
plement the following discussion a table of harmful substances found 

in the oceans is included in Appendix I. 

Chlorinated hydrocarbons.—There are two major types of chlorinated 
hydrocarbons found in marine ecosystems. The most widespread is 
p,p’-DDE which is a derivative of the insecticide p,p’-DDT. DDE 
has very low toxicity to insects, vertebrates, and almost all other 
forms of life, and has never been used as a biocide. It is, however, a 
persistent (non-degradable) compound and has been found in oceans 
and rainwater throughout the world. Though the toxicity of DDE is 
low it poses other problems as are discussed later. 

PCB compounds (polychlorinated biphenyls) are also widespread 
marine pollutants. These compounds are industrial products and are 
not used as pesticides. There is recent evidence that PCB compounds 
may also result from the breakdown of DDT.! PCB is extensively 
used by industry in manufacturing various paints, plastics, adhesives, 
coating compounds, electrical equipment, and many other products.” 
The usefulness of the chlorinated biphenyl compounds derives fror 
their chemical stability which also ensures that they will persist Tee 
after the manufactured products disintegrate 

1 Moilanen, K. W. and D. G. Crosby. in a An Unrecognized Source of Polychlorinated Biphenyl 
(Maugh, T. H. Tl). Science, v. 180, 1973: 578-579 


se een Company. Technical Bulletins O/PL-311A, O/PL-306, and O-FF/1: Monsanto Companys 
ous. 
(5) 


6 


Air transport is a major mechanism for dispersing chlorinated hydro- 
carbons which have been detected in airborne particulate matter, 
rainwater,’ and Antarctic snow.® Chlorinated hydrocarbons tend to 
remain in soils rather than be leached into drainage waters. After 20 
“years, 35 to 50 percent of the DDT used for subterranean termite 
control in Mississippi was still present and there was no significant 
migration to adjacent soil despite intensive rainfall.* Vaporization most 
likely accounts for the considerable loss that did occur. Atmospheric 
transport and subsequent fallout into the sea can explain the observed 
distribution and concentrations of both DDT and PCB compounds in 
the marine environment. 

At issue is the question whether persistent waste products derived 
from industrial or agricultural uses are compatible with the long-term 
technological development of our planet. Once in the environment, 
chlorinated hydrocarbons move through food chains, becoming pro- 
gressively more concentrated in higher order organisms. Numerous 
examples of this effect have been reported. In 1969, fish taken from 
the Pacific Ocean were seized by the U.S. Food and Drug Administra- 
tion and condemned as unfit for consumption. Jack mackerel from the 
southern California coastal waters were found to contain 10 ppm (parts 
per million) of DDT compounds in their tissues (5 ppm is considered 
by FDA as the maximum permissible level). Several petrels and 
shearwaters, oceanic birds that do not approach land except to breed 
on islands, were analyzed and found to contain PCB and DDT 
(Table I). 

Perhaps the most severe effect of chlorinated hydrocarbons docu- 
mented thus far is on the reproductive processes of several species of 
marine birds. Brown pelicans, nesting on the Channel Islands and 
Coronados Islands in California, were found to contain 80 ppm of 


TABLE I.—DDT AND PCB RESIDUES IN PETRELS AND SHEARWATERS; DDT RESIDUES CONSIST OF P,P’-DDE PULS 
P,P’-DDT PLUS P,P’-DDD 


; DDT (wet PCB (wet 
Species, locality (breeding area), tissue Number weight, ppm) weight ppm) 
Fulmar, Fulmarus glacialis, California, whole birds (Alaska)__..-_____-. 3 7 bak 2.3 
Pink-footed Shearwater, Mexico, whole bird (Chile) Puffinus creatopus_. 1 3.0 4 
Sooty Shearwater (New Zealand and Chile) Puffinus griseus: 
Calitonitas Whole’ binds 22 5 29 tS Rete et) Bee aap t Fee grt | 2 11.3 11 
New Brunswick ‘fats -— 62 2)2 22s = lk ee ee Se 2 ha 3 40.9 52.6 
Siender-billed Shearwater (Australia), Puffinus tenuirostris, California, 
TH CU (it ao oo er ee eres eee 3) eee 1 32.0 2.4 
Greater Shearwater, Puffinus gravis, New Brunswick (Southern Atlantic), 
epee Re Sie mR Se SN hs tat EAN WO Cie Ene 277120. TA ER 3 70.9 104.3 
Bermuda Petrel, Pterodroma cahow (Bermuda), eggs and chicks________ 5 6.4 _. eee 
Ashy Petrel, Oceanodroma homochroa (California), whole birds________- 12 66.0 24.0 
Black Petrel, Loomelania melania (Mexico), whole birds_______-.__-__. 8 9.2 1.0 
Least Petrel, Helocyptena microsoma (Mexico), whole birds.____._.____ 3 Bly Soo 
Leach's Petrel, Oceanodroma leuchorhoa: 
(Baja California); egg fate: heen = 2 ee ee et a ee 1 953.0 351 
(New Brunswick), bedyifat.” -*___. £0) St PS) Ee pede 3 164.0 192 
Wilson's Petrel, Oceanites oceanicus New Brunswick (Antarctica), body 
Fe se os ae eee SET ee ed Rear ett Se ae see 3 199.0 697 


Source: Risebrough, R. W. Op cit, p. 262. 


3 Risebrough, R. W., R. J. Huggett, J. J. Griffin, and E. D. Goldberg. Pesticides: transatlantic move- 
ments in the northeast trades. Science, v. 159, 1968: 1233-1236. 

4 Tarrant, K. R. and J. O’G. Tatton. Organochlorine pesticides in rainwater in the British Isles. Nature, 
v. 219, 1968: 725-727. 

5 Peterle, T. J. DDT in Antarctic snow. Nature, v. 224, 1969: 620. 

6 Smith, V. K. Pesticides in soil: long-term movement of DDT appliedfto soil for termite control. 
Pesticides Monitoring J., v. 2, 1968: 55-57. : 


7 


chlorinated hydrocarbons in their bodies.”® Eggs of these pelicans 
frequently collapsed due to a deficiency of calcium carbonate which 
was highly correlated to the amounts of DDE in the birds. The birds 
with less DDE showed less shell thinning. Many other species of birds 
have since been shown to react in a similar manner to ingested DDE 
from marine fish. These birds include double-crested cormorants, 
American egrets, common murres, American kestrel, ashy petrels, and 
mallard ducks. In addition, there is circumstantial evidence to indicate 
that such species as peregrine falcon, osprey, and bald eagle are having 
reproductive failures due to ingested chlorinated hydrocarbons. 

Chlorinated hydrocarbon insecticides such as dieldrin and hepta- 
chlor epoxide have been detected in resident wildlife in Antarctica. 
Dieldrin has also been found in some sea birds. Another chlorinated 
hydrocarbon, endrin, is extremely poisonous to life forms requiring 
concentrations of only 2.6 ppb (parts per billion) in water to kill 
juvenile fish of some species. This compound has been found in fish 
from the Mississippi River and in brown pelicans from Florida and 
the Gulf of California. Since the early sixties, the brown pelican has 
disappeared from along the coast of Louisiana. Previously it had 
been the state bird of Louisiana. It is possible that endrin in the fish 
the pelicans ate caused their disappearance from the Gulf coast. 

Effects of chlorinated hydrocarbons on fish reproduction have also 
been studied. Concentrations of chlorinated hydrocarbons necessary 
to impair reproduction (0.2 to 2.0 ppm) were of the same order as 
those found in Lake Michigan eggs of coho salmon and in the kiyi, 
a species formerly abundant in Lake Michigan but which has become 
rare. Tables IJ and II hist DDT and PCB concentrations in plankton 
and fish from many areas of the world. There is no proof that these or 
other marine species are or will be harmed by these concentrations, but 
there are reasonable grounds for concern, especially if accumulation 
continues. One goal of the International Decade of Ocean Exploration 
(IDOE) is to establish a worldwide monitoring program to determine 
the distribution and biological effects of chlorinated hydrocarbon 
compounds and other pollutants. Every nation is encouraged to 
participate in this effort. The future of many populations of marine 
birds and fish is clearly related to the rates of accumulation of chlori- 
nated hydrocarbons in marine ecosystems. 


TABLE I1.—DDT AND PCB IN PLANKTON 


Totals (ug/kg wet weight) 


No. of 

Area samples DDT PCB 
ES AN ASSONG Galen. eu tew ee emma eM. LU nnLleny EMG AMAA RE kk Mina ae EMO ft 4 0.7 7-450 
ES OLENA CLANITI Cee eum tve asthe cues MAUD UU ALE ae I ai a UT 4 .2-2.6 19-638 
NonineastyA tlanticn seis a2 et Maea i EN Gae CR URE SIS Tee Ie rea hs 22 2-26 10-110 
IG IVE RS COLL Ti CE aE S NOG ys ee DET EEN Ee PEATE UL Ss Seed 15 6-130 40-230 
CALIF OTM iat SA eee UE SL Sa Le LTT iv LA SRC oe 15 - 2-206 . 7-30 

CO ef LT I RANE 8, CU BS SU a PASTA) MR aE EU SL AB 100-1300 
Aceland (phy toplanktom) sees ss a SO Ee INI OAS a ea [Ree eh SN eae 500 


_ Source: !DOE. Baseline studies of pollutants in the marine environment and research recommendations. IDOE Basee 
tine Conference, May 24-26, 1972. New York, IDOE Baseline Conference, p. 12. 


7 Risebrough, R. W., D. B. Menzel, D. J. Martin, and H. S. Olcott. DDT residues in Pacific sea birds: 
a persistent insecticide in marine food chains. Nature, v. 216, 1967: 589-591. 

8 Risebrough, R. W. Chlorinated hydrocarbons. In Impingement of Man on the Oceans (Hood, D. W., 
ed.). New York, Wiley-Interscience, 1971: 259-286. 


8 


TABLE !11—DDT AND PCB CONCENTRATIONS IN FISH 


Concentration t 


Region and material PCB DOT 


Se a Ee ee ae ee See ee Pe ASE) ae ae eee © 1-10 0.6-3 

DIVET ee ee tae meme cle PRS DEES Pee een eae eae, Vranas * 1, 000-6, 000 95-4800 

Nidwatey fisthandicrustaceat es tot. 52 bY gress ody PO ewig pe. eee ce 8-59 S 
Open South Atlantic: Midwater fish and crustacea___.__---_---_-----_--------------- 2-14 Tes 
Denmark Strait: Groundfish: 

OTE Se NS Be Te Eee oe See eae ares ae oot ee ee eee eer 2-360 3-30 

[ity hae RS 5 lc ang Sone ee ee PE Se Yee go td ok eg Le Rh ea BY 300-1, 000 9-260 

Northwest Atlantic shefl: Groundfish: 

INISCIO ee 22 Ere obec tee Nee Sn eh ee ee a ah 37-187 3-74 

ATE ROE ER PES EET EO ae SE LL Ia 2 SESE eS 1870-21, 800 390-2, 680 
GulfiofiMexicosWhole-fiSh @fniselp<- = 3s eee ee ee Pe <1-530 1-150 
Northeast Pacific: 

Eqpiaipiidss <)-74442.2-320 Pe Sot ced fel re. vege shes pe ed 9.2 (mean) 2.7 (mean): 

PirCshnimpcs tet we ee ce ae ee ey Soka ee eh ea 23 (mean) 2.5 (mean) 

Frathisfatst 220-20 CORR bes C5 00 ENS PEO A we es a aed «2 23 (mean) 10.8 (mean): 
Scottish west coast: 

RSH MMUSCIG oS ee ea ee eee Oe eet eee es eae ee <100-1, 500 <30-480 

Fashrliversfiieert sf geet pig): everson ce (cy oe aye Pct ee eI 200-42, 600 70-5, 800 
Baltic Sea: 

Herringee £ otek sist 22 pce Eee EE esse a 150-1, 500 100-1, 500 

mY Cis ERE, Eee ee See Pe ee Py ee oe ee Oe eee 16-180 9-340 


1 Expressed in micrograms/kilogram (ppb) wet weight; DDT values include all metabolites. 
Source: IDOE, Op. cit. p. 14. 


Municipal wastes—The most common method of disposing of 
municipal waste is to release it into a convenient body of water. Since 
the majority of the cities in the world are situated near the coast or on 
inland rivers and lakes, the resultant release of municipal sewage has a 
direct effect on the world’s oceans. With increasing amounts of sewage 
being generated, natural purification processes are being overwhelmed 
and many sewage treatment plants are operating at capacity. Even 
sewage treatment plants do not remove everything, generally leaving’ 
nitrogen and phosphorus compounds and some oxidizable organic 
matter. In some cases sewage is discharged directly into the sea either 
by barge, as does New York City, or from offshore pipes, as does the 
Hyperian plant in Los Angeles. 

The first negative effect of disposal of sewage and sludge into sea- 
water is in decreasing the light penetration into the water, leading to a 
decrease in photosynthesis and plant product. A second effect is bio- 
degradation of organic matter resulting in a reduction of the available 
oxygen in the water. After the available dissolved oxygen is depleted, 
further biodegradation can continue by reducing nitrates and sulfates, 
producing, among other things, hydrogen sulfide which is poisonous 
to many life forms. Another consequence of biodegradation is the 
phosphorus and nitrogen compounds remaining after degradation 
of organic material. Added to the phosphorus and nitrogen entering 
directly from sewage, these plant fertilizers can induce excessive 
growth of phytoplankton in the surface layers of the ocean. This 
plant growth may increase to such an extent that the photosynthetic 
activity in the water masses below is reduced to zero. One description 
of such conditions in a Dutch oyster district reads: ‘‘At some distance 
from the harbor the water had a greenish color; large amounts of 
flagellates predominated. Oyster larvae carried to this section failed 
to settle. They developed symptoms of ill health, lost their attractive 


9 


natural pigmentation, developed a hyaline vesica, and finally dis- 
integrated.” ? 

Plankton blooms leading to toxic conditions in the water are well 
known from the phenomenon called the ‘‘red tide.”” Appearance of red 
tide is associated with overfertilization and is generally caused by 
upwelling of nutrient-rich water masses, but may also be caused by 
nutrient-rich effluent from land. These algae may directly poison and 
kill fish and even cause skin irritations to man when the algae are 
blown inshore with the foam. Filter feeders, which are not poisoned 
themselves by toxic algae, might accumulate the toxin in their flesh, 
and when eaten by man cause grave paralytic poisoning. In more diluet 
concentrations this fertilizer can be beneficial in stimulating reasonable 
levels of plant productivity, but it is suggested that the removal of 
these nutrients from sewage and their application on land would be of 
more economic benefit.'° Although not municipal sewage, anothér 
source of plant nutrients that should be included is runoff from agri- 
cultural areas. This source annually contributes significant quantities 
of nitrates and phosphates to the oceans either directly from coastal 
areas or by river systems. 

There are many additional effects of sewage disposal in the ocean 
such as pollution of fish and fishing gear by sludge material, destruc- 
tion of bottom fauna and flora by settled sludge, reduction of amenities 
by floating material washed on shore, and destruction of valuable 
recreation sites. These effects are, however, of a more or less local 
nature concentrated around outlets and dumping places. 

Bacteria and viruses are another problem of municipal wastes. 
Bacterial pollution is generally monitored by coliform bacteria counts. 
Coli in itself is not considered dangerous to human health, but the 
number of coli may be an indicator of the presence of other bacteria 
and viruses that cause such diseases as typhoid fever, hepatitis, and 
polio. The persistence of coliform and pathogenic bacteria in the sea 
is dependent on the amount of predation by protozoa or zooplankton, 
salinity, sunlight, tempearture, pressure, bacteriophage, and heat-label 
bacterial substances." Bacteria gradually disappear in the open ocean 
but can reach high concentrations in nearshore filter feeders. Re- 
searchers have studied the fate of poliovirus in Northern Quahaugs an 
found that several species of shellfish were capable of rapidly accumu- 
lating significant amounts of virus in their digestive tracts.” Outbreaks 
of infectious hepatitis associated with the consumption of raw oysters 
were reported in Sweden in 1956. Four outbreaks which involved 
approximately 900 cases of illness in the United States were also 
traced back to consumption of raw oysters, quahaugs, and hard 
clams.'? 

Parasites must also be considered in connection with disposal of 
municipal wastes in the sea. The possibility exists that marine ani- 
mals may be affected by human parasites released with the waste. 

§ Korringa, P. Biological Consequences of Marine Pollution With Special Reference to the North Sea Fishery 
Helgolander wiss. Meeresunters., Vv. 17, 1968: 126-140. 

10 Pentelow, F. T. K. Fish, Sewage and Sea Outfalls. Instit. Publ. Health Engrs. J., v. 60, 1961: 232 

11 Gunnerson, C. G. Sewage disposal in Santa Monica Bay, California. J. Sanit. Eng. Div. Amer. Soc. 
Civil Engrs., vy. 84, No. SA 1, Proc. paper 1534, 1958. 

2 Liu, O. C., H. R. Seraichekas, and B. L. Murphy. Fate of poliovirus in northern Quahaugs. Proc. Soc. 
Exp. Biol. Med., v. 121, 1966: 601-607. 


13 Mason, J. O. and W. R. McLean. Infectious hepatitus traced to the consumption of raw oysters.. 
Amer. Jour. Hyg. v. 75, 1962: 90-111. 


45-670—75——_2 


10 


By feeding on infected animals, a transmittance to man may again 
occur. The nematode, Anisakis, for instance, which may be ingested 
from poorly cooked herrings causes tumorous-like growths in the 
stomach and intestines of man. In Holland several persons were 
recently reported to have become seriously ill and many died from 
the attack of this parasite.” 

In most communities, an inseparable part of municipal waste is 
derived from industrial activity. Such wastes may contain heavy 
metals which may build up to toxic levels in the food chain. Polluted 
runoff from streets may also be added to the municipal waste. Clearly, 
control of municipal waste is a necessary step to enhance and preserve 
the ocean resource. 

Solid materials—In addition to municipal sludge, a number of 
solid materials are carried into the oceans. These range from harmful 
microscopic particles carried by rivers to barge loads of dredge spoil 
and construction wastes dumped directly into the oceans. The U.S. 
has recently passed legislation to limit the dumping of solid wastes 
into the oceans, but the effects of previous dumping and the materials 
carried by river systems still remain a problem. 

Spoil from channel dredging accounts for most of the solid material 
disposed of in the sea. This can pose a pollution problem by disturbing 
the equilibrium of the water-sediment interface, allowing new chem- 
ical reactions to occur. For example, when reduced (oxygen-deficient) 
sediments are dredged, sulfides may be released, causing the oxygen 
level in nearby waters to drop, thereby endangering marine life. 

Among the smaller particles that are now being found polluting the 
open ocean are bits of plastic, as well as small balls of polystyrene, 
the crumbly plastic foam widely used for packing, drinking cups, 
and insulating material. These bits of indigestible plastic have been 
found in ten species of larval, juvenile, and adult fish. It has been sug- 
gested that ingestion of plastic particles could cause intestinal block- 
age and mortality, but to date evidence in support of this hypothesis 
is lacking. Plastics, predominantly polyethylene, have also been found 
floating in the Sargasso Sea in concentrations of about 300 grams/ 
square kilometer.” 

Microscopic asbestos fibers are another contaminant which may 
cause cancer. Asbestos is widely used in the food and beverage in- 
dustry as a filter for soft drinks, beer, liquor, and edible oils and is 
used by some municipalities for filtration of water supplies. Once the 
increasing amounts of asbestos fibers have reached the oceans they 
are less of a direct hazard to man. Very little is known about the pos- 
sible effects of asbestos fibers on marine life. The quantities reaching 
the oceans are probably insignificant at this time except possibly in 
local areas where asbestos is extensively used or processed. An ex- 
ample of local contamination, although in fresh water, is Lake Superior 
where asbestos resulting from the processing of taconite (a low grade 
iron ore) has recently been detected. This resulted in a statement from 
the Environmental Protection Agency on June 15, 1973, advising 
residents of Duluth, Minnesota, and other north shore towns that 
‘Drudence ‘dictates that an alternative source of drinking water be 

14 Foyn, E. Municipal wastes. In Impingement of Man on the Oceans (Hood, D. W. ed.). New York, 


Wiley-Interscience, 1971: 457. 
18 Carpenter, E. J. and K. L. Smith. Plastics on the Sargasso Sea surface. Science, v. 175, 1972: 1240-1241. 


ily! 


found for very young children.”’ The Federal Government, the states 
of Minnesota, Wisconsin, and Michigan, and five environmental 
groups have brought suit against the Reserve Mining Company to 
force the company to discharge its ore processing waste on land. In 
recognition of the ‘‘very substantial public health menace,” on April 
20, 1974 U.S. District Court Judge Miles Lord ordered the firm to im- 
mediately cease operations. The immediate closing of the plant, which 
‘accounts for 15 percent of the iron ore produced in the United States, 
was considered a landmark decision by environmentalists. Although 
the district court ordered immediate cessation of Reserve’s dumpings, 
implementation of that order has been stayed by an appeals court. 

Heavy metals—Heavy metals play an important role in man’s 
industrial and technological progress. Coupled with their beneficial 
use, however, is the adverse effect they have as environmental poilut- 
ants. As pollutants, metals find their way into the ocean through 
many routes both direct and indirect. Direct introduction arises when 
metallic pollutants are discharged into the water by vessels, pumped 
mto estuaries or the sea from shore, or enter the ocean from aerial 
fallout. Indirect routes are taken by inland-release pollutants ‘carried 
to the oceans by rivers and streams. 

Natural weathering processes, industrial wastes, pesticides, and 
combustion of fuels account for much of the heavy metals entering 
the oceans. Although the heavy metal pollutants include virtually 
every metallic element, those of major importance are listed in Tables 
IV and V. Table IV compares the rate of supply from combustion of 
fossil fuels with natural processes and lists the metals in order of their 
toxicity. Table V lists metals concentrations currently found in the 
ocean. 

The industrial production of some heavy metals. and the rate of 
their transport to the oceans by rivers and the atmosphere is given in 
Table VI. Most of the heavy metals contaminating the coastal areas 
of the oceans are associated with the discharge of industrial wastes 
into streams, rivers, lakes, and estuaries. The Sea of Dokai in the Bay 
of Kita-Kyushu has become the most polluted waterway in Japan, if 
not the world. Concentrations of 448 ppm of cadmium and 551 ppm 
of mercury have been found in sludge samples taken there. Industrially 
discharged methyl mercury has also polluted the Sea of Ariake. Since 
the majority of the seafood consumed comes from estuaries and shelf 
areas, pollution in these regions is a direct threat to human health. 
Mercury poisoning from contaminated seafood has become a serious 
problem in Japan. 

Pesticides are another source of heavy metals pollution. While 
chlorinated hydrocarbon pesticides are usually cited for their detri- 
mental side effects, pesticides of heavy metal compounds are also 
common. Fungicides are likely to contain metals such as copper, 
mercury, or zinc. Copper is often used in molluscicides or antifouling 
paints, and insecticides frequently contain lead or arsenic. Mercury 
has widespread agricultural use as a germicide or fungicide. There 
are many cases of mercury poisoning of marine wildlife and of humans 
who consumed contaminated seafood, but evidence has generally 
‘suggested industrial pollution as the primary source. 


12 


TABLE IV.—TOXIC ELEMENTS OF CRITICAL IMPORTANCE IN MARINE POLLUTION BASED ON POTENTIAL SUPPLY 
AND TOXICITY, LISTED IN ORDER OF DECREASING TOXICITY 


Rate of Mobilization (10 9 g/yr) 


: Fossil River flow Tox 
Element fuels (man) (natural) Total mg/l 

NMevatinyee cesnes = Sie Se iey eb Pera Ab US 1.6 2.5 4.1 1x10-3 
Capintu mes cbr ee ark vega bls bp 2 Td S200) seats ee es 3.0 2X10-3 
SIWEle tee teen Nee Geren een aoe ae a 07 11 lil 110-3 
iG] BY 2 TAT Re eS Te ee 1 be Be dia SRS Ray 160 164 2X102 
Selentunste tito 2 so. Se ee ae ee ee 45 LZ Tuk 510-2 
LE eee SSS Od CRA AIT TASES ee IF 3.6 110 113.6 1X10-, 
Copperett «jy: $2 epee SPs reset Ss 2k 250 252. 1 1X10- 
CTROMUUN a: ooo o> Se ee er tn ee es 1 ES 200 201.5 1Xx10- 
Arsene seis os seo s22 ee eee eg. Fie i fel Ee! 7 72 72.7 1X<10- 
LT, I ee RE ae, PS ee FP a a ees 7 720 727 2x10— 
Maripanese: 28 +2 see Sisk ee Se eee: pean. ses 7.0 250 257 210- 


Source: Ketchum, B. H. A realistic look at ocean pollution. Marine Tech. Soc. Jour. v. 7, 1973: p. 11. 


TABLE V.—SOME HEAVY METAL CONCENTRATIONS IN THE OCEANS 


Total in 

ocean (108 

Substance pg/liter metric tons» 

3 4 x 10° 

0.11 1.5 X 102 
0.05 7 

10 14° x 103 
0.03 4 
0.03 4 

2 3 Ws 

2 SX eOE 

10 110 


Source: Hood, D. W. Pollution of the world’s oceans. Topics in Ocean Engineering, v. 4 (edited by C. L. Bretschneider). 
Houston, Tex. Gulf Publishing Co., 1974 


TABLE V!.—HEAVY METAL PRODUCTION AND POTENTIAL OCEAN INPUTS 


Transport 

Mining by rivers Atmospheric 
production to oceans washout 
(105 metric (105 metric (105 metric 
Substances tons/yr) tons/yr) tons/yr) 

Lead (Pb)____ 3 0.1 0.3 

Copper (Cu)__ 6 .25 2 
Vanadium (V)_ 02 .03 02 
Nickel (Ni)__- 5 01 03 
Chromium (Cr)__ 2 04 02 
BUC GS) kate a ee i ap ae . 002 . 03: 
Cadmaini(Gd)aestecretes eis Sch apge eR a Pren a a eet ore see -01 - 0005 -O1 
INESENIGICAS eck ss eos Set 2 le OR Dae Scot oe ee en ee - 06 Of =. 522) eee 
NELCINY Kno) Ae. SERENE RSE ES 2 eA eee as SSE . 009 - 003 - 08 
PANIC ZTE Seo eae ei eel Be ce DE, Ae Eo ES 5 lh. aloo 
SSIENIUNIRC OE) se ee nee ee oe ee ee ee eee es ee . 002 S007". eee 
SilWeriCAg) fa weeteed we F hse he Os ot ae bel Dey es pee boa. ene dy -01 - Ole: } =e eee 
igi ha eRumi(iio) es Aa sense See See Se Se ee eee ae ee 003. 2 ae ee 
ArRinionyNSDREES ea ed eS SS ee ee eae -07 0] 22ers > 


Source: Ketchum, B. H. (ed.) ‘‘The Water’s Edge.’’ Cambridge. MIT Press, 1972: p. 153, 


Atmospheric transport is a major source of input of trace metals to 
the open ocean. In Table VII an attempt is made to quantify and 
place in perspective the impact of atmospheric pollutants on the 
marine environment. This mechanism is of particular importance in 
the distribution of lead by aerosols created by automobile exhaust 
and lead processmg industries. It is estimated that atmospheric 
transport contributes three times more lead to the oceans than 


13 


runoft.° Lead concentrations measured in annual snow layers in 
Greenland show a gradual increase beginning in 1750 with the Indus- 
trial Revolution and climbing sharply after 1940 to 500 times natural 
levels.” Lead concentrations, hundreds and thousands of times above 
natural levels, are found in precipitation and air near urban areas.'® 

Vanadium, manganese, cobalt, and nickel are found in crude oils,!® 
and these may enter the oceans from ships, pipelines, offshore wells, 
coastal refineries, etc. High concentrations of toxic metals (mercury, 
lead, cadmium, zinc, and arsenic) have been reported in waters 
adjacent to offshore oil rigs in the Gulf of Mexico and decreased with 
distance from the rigs. Sewage treatment probably removes a large 
fraction of the heavy metals in the sludge, but polluted runoff from 
paved areas, buldings, and plant foliage that does not undergo treat- 
ment may bring heavy metals into the oceans. Mine residues have also 
polluted streams and rivers. 


TABLE VI!.—POSSIBLE IMPACT OF ATMOSPHERIC POLLUTANTS ON THE MARINE ENVIRONMENT 


_ Estimated percent 
increase of trace elements 


Concentration 1 in upper 200 m of ocean3 
Open ocean U.S. urban Enhancement Ratio i Most 
Element (ug/liter) air (ug/m%) ratio in air? air/ocean High probable 
BD et ie seca 0.02 1, 000 2, 300-.- $0000... cerccsssesssreesedoseecc ses 
(Noes Vee ear 1 1, 500 3) 1, 500 200 30 
(fa | ys eek Be re 02 20 1, 900 1, 000 400 20 
FSC Renna ee Ure ice Det 001 1 1 1, 000 80 20 
SS Nmeeeeeme inst RE 02 20 280 WOOO Ree SEs Set Sek 20 
Uh ee atte ne ye 3 200 6 700 60 15 
Remre ca aha) Laie 5 2, 000 1.00 400 80 8 
(LE) eet eee Re i 01 3 3 SOQ A ie saat Ou ae ee 6 
Wake RA Se Sree ues 1 200 42 200 40 4 
PT eee er ner ane ee 3 700 270 200 25 4 
(CN es ae eae 2 200 83 100 100 2 
PTE eI i ua as 01 2 830 200) hp ee aeeas a ee 4 
(CPL Bele ANE LN ea 40 11 130 20 3 
Sean iE 005 1 10 PAU RMU eee a eu 4 
S Dee Re Sree Nan 20 2, 800 100 10 2 
ie eee a eee ee 001 oil 29 OO Miestrerneie a ee Nae 2 
LOSE SS Se ee es 1 100 BO) 100 4 2 
Coens er ES a . 03 2 2 70 4 1 
SREY sod eae ae aD 4 2, 500 40 5 8 
[rt al a ee Aa 3 1, 100 30 8 6 
WUC Bis Sei we Ba al! 5 93 LoD) fro Melee Seen 1 
(Cs a TO aa 02 1 2 HOM Oe Boe 1 
AUTRE 2 oe ae 2 30 12 15 4 3 
Gomme 2 Uke le Eo 5a} 4 37 LOM ages ae oe eS 3 
UE a OR ot Se 02 a2 3 LC) alesis pea 3 
RLS Ra ST oe OT O 2 20 310 10 8 ae? 
Na eenee eee i Onin = 10 10 190 Lip by he aaa ee nA le 1 AW 
LY es EO a RASA Rl 3 ai 1 ae ees ECG Mee bE Negligible 


1 Urban-air values are approximations. : 

2 The ratio of the concentration in urban particulates of a specific element to iron, divided by the ratio of the same 
elements in average crustal material. k 

3 The percentage increase represents the magnitude by which these trace elements could have been increased in the 
“upper 200 m of the ocean based on the anthropogenic lead concentration in this layer. The high estimates are those which 
smight be expected in oceanic regions adjacent to certain large urban areas. 


Source: IDOE, op. cit. p. 2. 


16 National Academy of Sciences. Marine environmental quality. Washington, D.C., Ocean Sci. Comm., 
‘National Academy of Sciences/National Resource Council, 1971: 107 p. 

1 Murozumi, M., T. J. Chow, and C. Patterson. Chemical Concentrations of Pollutant Lead Aerosols, 
Terrestrial Dusts, and Sea Salts in Greenland and Antarctic Snow Strata. Geochim. Cosmochim. Acta, 
v. 33, 1969: 1247-1294. 

1% U.S. Public Health Service. Survey of Lead in the Atmosphere of Three Urban Communities. U.S. 
Public Health Ser. Publ. 999-A P-12, 1965: 94 p. 

19 Guinn, V. P. and S. C. Bellanca. Neutron activation analysis identification of the source of oil 
pollution of the waterways. In Preprint of contributed condensations, the 1968 international conference modern 
érends in activation analysis. National Bureau of Standards, Washington, D.C. 1968: 614-619. 


14 


One method of evaluating the rate of heavy metal pollution of the 
oceans by man’s activities is by comparison with natural geological 
rates of mobilization. Table VIII lists data for 12 elements and the: 
ratio of the man-induced rate to the geologic rate. Although the: 
absolute magnitudes of the mobilization rates differ greatly among 
the elements, the ratio highlights the significance of man’s impinge- 
ment on the oceans. For example, man mines 110 times the amount of 
tin that would be cycled naturally, but Table VI indicates only 16. 
percent of the amount mined reaches the oceans annually. 


TABLE VIIIl.—RANK ORDER RATES OF MOBILIZATION OF MATERIALS 


Geological Man-induced 
rate,G (108 —srate, M (103 
metric tons) metric tons) 


Element per year per year Ratio M/G 

MU stad es Se 2 i a hh 22k ee 1.5 166 110.0 
PHOSDHONIS: ees eee ee ea a a ae ce 180.0 6, 500 36.0 
Antimony_______- iz 40 31.0 
Lead____ 180.0 2, 330 13.0 
iron___ 25, 000. 0 319, 000 13.0 
Copper-___ 375.0 4, 460 12.0 
ince 370.0 3, 930 11.0 
Molybdenum. 13.0 57 4.4 
Manganese___ 440.0 1, 600 3.6 
ercury_.._.-- 3.0 7 23 
SVE eee 5.0 7 1.4 
Nickel: 222-2 =2-2- ee ee ee ee 300. 0 358 1.1 


Sources: Geologic rate—Bowen, H. J. M., ‘‘Trace Elements in Biochemistry,’’ New York, Academic Press, 1966: 241 p.. 
eapenauced rate—United Nations, ‘‘Statistical Yearbook, 1967,’’ New York; Statistical Office of the United Nations, 1968: 
p. 


TABLE 1X.—CONCENTRATION FACTORS FOR THE TRACE ELEMENT COMPOSITION OF SHELLFISH 
COMPARED WITH THE MARINE ENVIRONMENT 


Enrichment factors 


Element Scallop Oyster Mussel? 
SHIVER.CAG)L = sees Se = ek tite i oS ee oe eee ee ee 2, 300 18, 700 330 
CEU LUT NCE) oe ee kn a es a Se A esp 2, 260, 000 318, 000 100, 000 
Chron ne 2 ee ee ee fe ORE ey oe 200, 000 60, 000 320, 000 
Gon pence) =. 2a 5 ea oh hk CN en 3, 000 13, 700 3, 000: 
Iron Che) Merce Stee te sa RE a ee gh 291, 500 68, 200 196, 000° 
Mancarreseici n)saat 22 ee ye Ee Ss ee 55, 500 4, 000 13, 500 
Mor vbcerntirnt (MG) epee eee a 8 90 30 60 
TICKENC NE) S52 key COREL SRE I: OR ee TO 12, 000 4, 000 14, 000: 
Pea RD) uaa Sse tans seei ae AWE hae. OW GeO Bee 5, 300 3, 000 4, 000- 
VETTE CTT (01) Ri ROE Se TD, J EAR, RCO S OERESS 4, 500 1, 500 2, 500° 
PAT SY 07d 1) es ene SP Mt RES ee (SRR RIE |’ eS 8G 28, 000 110, 300 9, 100° 


Source: Brooks, R. R. and M. G. Rumsby. The biogeochemistry of trace element uptake by New Zealand bivalves. “‘Lim-- 
nology and Oceanography,” vol. 10, 1965: 521-527. 


The heavy-metals uptake and contamination of marine organisms 
has been mentioned. A useful index of the potential hazard of a pol- 
lutant is the concentration factor in the food chain. Table TX lists 
the enrichment factors of several trace elements in shellfish. Metals are- 
nondegradable and even when discharged into the ocean in small 
quantities can be accumulated to an alarming and lethal extent by 
certain species. Land pollution creates sea pollution and the time 
required for passage of metals from seawater to marine organisms to- 
man often can be brief. 

Petroleum.—One of the most visible and highly publicized pollu- 
tants in the world’s oceans is petroleum. Thousands of minor, and 


15 { 


several major, oil spills occur every year. For example, in the first half 
of 1973 the Coast Guard reported 800 oil spills in the mid-Atlantic 
region alone, ranging from one gallon to 450,000 gallons, and ex- 
pected there to be 12,000 oil spills nationwide in 1973. The Coast 
Guard classifies a spill over 10,000 gallons in coastal areas and over 
1,000 gallons in inland waters as ‘‘major.”’ Public awareness of the 
scope of ocean pollution was further heightened when Thor Heyerdal 
was quoted in the New York Times, saying there is “‘a continuous 
stretch of at least 1400 miles of open Atlantic polluted by floating 
lumps of solidified asphalt-like oil.”” Previously most public concern 
focused on specific spills or local oil pollution disaster areas such as 
resulted from the Torrey Canyon accident or the Santa Barbara 
Channel blowout. 

Petroleum is essential to the world economy. Of the total tonnage 
of all commodities moving by sea in world trade, petroleum represents 
nearly 70 percent. More than 1300 million tons of crude oil and oil 
products are transported by sea each year and even loss of a small 
fraction of this could have a serious impact on marine environments. 
Some petroleum seeps into the oceans naturally. Two natural seeps 
have long been known off southern California and seven are charted _ 
in. the Gulf of Mexico. Natural seeps may represent a significant 
amount of the total amount of petroleum entering the marine environ- 
ment (Table X). It has been estimated that 50 to 100 times as much oil 
has been lost to the environment through natural seeps as now exists in 
reservoirs. Pollution from offshore drilling is estimated to amount to 
less than 4 percent of the amount entering the sea by ship operations. 
One of the largest and most difficult to estimate losses to the sea 
annually is from vaporization of petroleum products during their use 
or transport and subsequent .precipitation at sea. Another major 
source of petroleum contamination in the oceans is from sewage 
effluent and surface runoff. One study of New York City sewer water 
found oil and grease concentrations from 9 to 53 ppm in dry weather 
and up to 9,000 ppm in wet weather periods.”° 

Marine plants and animals also produce hydrocarbons, but generally 
these differ from petroleum hydrocarbons in some important respects. 
Some petroleum hydrocarbon compounds, especially those of low 
molecular weight, are toxic to marine ecosystems. Marine organisms 
do, however, incorporate petroleum hydrocarbons into their systems. 
This has some beneficial effect in providing a slow, gradual clean up 
of an oil spill, but it has the associated short term problem of incorpora- 
tion of petroleum hydrocarbons into the food chain. 

However, there is no evidence to date of food-web magnification of 
petroleum comparable to that observed with DDT. The ultimate 
consequences of petroleum uptake are not yet known. Fish retain 
petroleum compounds in their fatty tissues but metabolize most of 
them within two weeks. Taste tainting has already been a problem to 
the shellfish industry. Very small concentrations of petroleum hydro- 
carbons, in the order of 10 ppb, can produce this effect in filter feeders. 
Sub-lethal amounts of oil pollutants can, over a period of time, 
annihilate a species by disturbing its ability to reproduce. As little as 
10 to 100 ppb of petroleum components has been found to disrupt the 


2 Environmental Protection Agency. Combined sewer overflow study for the Hudson River Conference. 
EPA-R2-73-152, January, 1973: 287 p. 


16 


TABLE X.—BUDGET OF PETROLEUM HYDROCARBONS INTRODUCED INTO THE OCEANS 


Input (millions of tons/year) 


_ Best Probable 
Source estimate range 
SOlishore: Hrod UCtION: tee. 2 35d ge PR pe ie el ee ae, 0.08 0.08-0.15 
‘Transportation: 
ETA KEMS 2% 5 os ie oe Be ter oe ee a ee eee BE oaL 15-4 
NOn-PO tankers. . 22s SR SS ape, ee eee Seen FS atl . 65-1. 0 
Dry iadking st tea Pees aes oS ee Ee. ey ee ie eet gM #20 25/33 
FReTOIinal opepations: sos. 2 8 2 eee ot ei! ev ae Betis Peo eee . 003 - 0015- .005 
Biles Hunkerines.. tk eh Cae eee Tot 2 ees ae eee dt vg -4-.7 
‘Pankeraccifeptss..5. 04-2 -5.-- 8) 2 Se Ba LO EGS ie BO eh oie Ee a 4 ~12- .25 
Nontanker aecidentS == sce oe eee ene ee eae. | | 02- .15 
otal’. 2 Ea Sua te ee ee ee 2 = ee 2.133 eee 
Coastalirefinenes=.0 ee. EFT a ee ee Se eee 2 32-43 
Coastal. municipal: wastes. 2+ 92-3. 22a Ae. a ua >, ba Ee es a oi ores ee cee 
Coastal inonretining: indiusthial\WasteSsse oe eee eee Pi: Initio (oe 
Wirban.ramohlic, sya eaeebe reser 2 Paes oi edi ap ax ete eh Berar i y 43 145.5 
RIVET PUNO. pee e weeeg - Me ee ee SY ie ee ge 2 1:6, Geese eee 
‘Atmosphere through vaporization of petroleum products_____________________________ 6 4-9.0 
ilptalithvoueh man siaCuvitieS. 22 eeeeae Sore eee ee ee gu et 5.513) Sioa eee ee 
Natu galiSpepis pe ais" ieee Wa eppie ete 5 etre | ees tert: Cra re le yee se eee Te AL ay .6 -11.0 
otalannual percledmAanput. 222 272) esis ey ae oe ee GM13 2284 2 es 
Woridsoulprodichon Glo/aa a) Ps! Ba So AP Slap ee a ee aed ee 2890 
Oil transport by tanker (1973) 1695 
Torrey Canyonidischarge:: tosses ee Lae Al? 
‘Salta BalbaralDIOWONt= = ese te 2 e -003- .011 
Hydrocarbons produced by marine organisms 10 


Note: Adopted from National Academy of Sciences, Petroleum in the Marine Environment, Washington, D.C., 1975, p. 6, 
-and other sources. 


TABLE X1.—SUMMARY OF TOXICITY DATA 


Estimated typical toxicity ranges (ppm) for various substances 


No. 2 fuel oil/ Fresh 
Class or organisms SAD* kerosene crude Weathered crude 
tt) a ae eee ee eee 10-100 50-500 10 4-10 5 Peat more significant than 
oxicity. 
1 TTT) Le ot oe aR coe ae NS ee 5-50 25-250 10 4-10 5 Do. 
alvde wens soa heals «Be ia oe ae . 1-1. .5-5 10 2-10 3 Do. 
Pelagic crustaceans________________ 1-10 5-50 10 3-10 4 Do. 
Castronndgee ass. a= ae on See ares 10-100 50-500 10 4-10 5 Do. 
Bivalless Os Sets Ml ada se 95 5-50 25-250 10 4-10 5 Do. 
Benthic crustaceans_______________ 1-10 5-50 10 3-10 4 Do. 
Other benthic invertebrates________ 1-10 5-50 10 3-10 4 Do. 


*Soluble aromatic derivatives (aromatics and naphthenoaromatics). 


Source: Moore, S. F., R. L. Dwyer, and A. M. Katz. A preliminary assessment of the environmental vulnerability of 
Machias Bay, Maine to oil supertankers. Sea Grant Project Office Report No. MITSG 73-6, Jan. 15, 1973: p. 92. 


behavior of marine organisms.’ Furthermore, relatively low concen- 
trations of petroleum hydrocarbons are sufficient to produce toxic 
effects on marine organisms (Table XI). However, organisms that 
survive seem to be able to purge themselves of much of the oil. 
Massive spills, such as the Torrey Canyon, can cause a serious impact 
on the marine community in the vicinity. Such spills can kill con- 
siderable quantities of marine life at all levels and pollute nearby 
beaches and shore property. Even a much smaller spill in an enclosed 
bay or nearshore area can have a long-term effect on the marine 
environment (Table XII). For example, a well documented study in 
Buzzards Bay, Massachusetts, revealed the persistence in the sedi- 
ments for more than 2 years of toxic fuel oil components that are still 
*1 Moore, 8. F., G. R. Chirlin, C. J. Puccia, and B. P. Schrader. Potential biological effects of hypo- 


‘thetical oil discharge in the Atlantic coast and Gulf of Alaska. Rept. to the Coun. on Envir. Qual., No. 
MITSG 74-19, April 1, 1974: 121 p. 


17 


TABLE XII. PETROLEUM HYDROCARBON CONTAMINATION IN THE MARINE ENVIRONMENT (COASTAL WATERS): 


Location p/m 
Biota: 
Westibalmouthes Masse (wetiweneti ty) zoe nek esd ao ls a ana a OT ee a Nie ak 5-90: 
Westaral MODLMIVASSeN(WVELIWENOIIL) terete cre ecne ee Sel rr gene Sen ame a nee ea Sg a Poe Sct 1-69: 
GalvestoniBay vex Gwe wei slit) coe wees ery cf ak Sy SS a Ee See 236 
NantagansethiBayaiReleGwetiwelaht) 2c ots 20 ely ee De es aig ee Ne ee 3-16 
SouthOucensiand: Australiai(wetweight)s._ 9 2k eee Bee ot a ees 24-310 
ChedabuctolBayaGanadal(wetiwelght) mascara ca ee ee a eee 3-545 
Sediments: 
WestakdlmouthaMass.(dry weightye kts Sounkyo cae ye yee eT Eee aS ey A Tee up to 12,400 
West Falmouth, Mass. (wet weight)___._______ 21-3, 000 
Narragansett Bay, R.I. (dry weight)___-.--__- 2 50-3, 500 


0-6. 3 


Chedabucto Bay, Canada (dry weight) 


Source: IDOE, op. cit. p. 2. 


slowly being degraded.” Oil pollution in Arctic waters would be more 
persistent and of more serious consequences than in warmer regions 
because degradation and evaporation is slower at lower temperatures. 
For this reason Canada has passed far-reaching legislation to mitigate 
this possibility. 

Thermal pollution—Thermal pollution is mainly generated by 
nuclear power plants. At present, nuclear power reactors are less. 
efficient in converting thermal energy to electricity than fossil fuel 
plants. Most nuclear power plants operate at about 32 percent effi- 
ciency compared to 40 percent for fossil fuel. The nonrecoverable 
heat has to be removed and this is done by passing water through 
cooling units. With the present urgency to expand and develop nuclear 
power generating facilities, efficiency 1s increasing but because of the 
greater number of plants the thermal pollution problem is being 
intensified. A recent report for the State of California estimated that 
if all future electric generating plants in California were to locate at 
coastal sites because of the availability of cheap cooling water, the 
average distance between these additional sites could be as little as 5 
miles by the year 2000 and 2 miles by the year 2020.” 

The effects of thermal pollution are difficult to assess. Higher water 
temperature itself may not be harmful to fish, but some studies of 
salmon by the Western Fish Toxicology Station of the Environ- 
mental Protection Agency have shown that many died, before they 
could spawn, after entering thermally polluted water because of dis- 
eases related to newly thriving bacteria. Warmer water increases 
metabolism in some fish enough to double their oxygen demand for 
each ten-degree rise in water temperature and, at the same time, 
warm water holds less oxygen. This combination places much more 
stress on the life functions of fish in thermally polluted water. On 
the other hand, warmer water may help keep port facilities less ice 
bound in winter. Warm water also stimulates plant growth which 
may lead to eutrophication (overfertilization characterized by de- 
pletion of oxygen and excess plant nutrients) or may simply provide 
a greater source of plant food for the benefit of the ecosystem. Further 
complicating thermal pollution assessment is the fact that thermally 
polluted water generally also contains a number of other pollutants, 
and the effects of these toxins on the marine environment are greater 
with increased temperature as reaction rates are faster. 

22 Blumer, M. and J. Sass. Oil Pollution: Persistence and Degradation of Spilled Fuel Oil. Science, v. 176,. 
1972: 1120-1122. 


2 Anderson, K. P. Some Implications of Policies to Slow the Growth of Electricity Demand im 
California. Rand Corporation, R-990-NSF/CSA, Santa Monica, Calif., Dec. 1972: 1-2. 


18 


Another effect of heated water on an ecosystem is the possible crea- 
tion of favorable environments for proliferation of pests into new 
areas. Such a case occurred recently in Oyster Creek, New Jersey 
where yacht basins were attacked by teredos or shipworms, a type of 
wood-boring clam. The problem resulted from a newly built nuclear 
power plant which raised the water temperature and increased the 
salinity of the Creek by diverting fresh water, enabling the pest to 
proliferate. 

The consequences of pouring billions of gallons of heated water into 
a body of water are not fully known, but evidence indicates that it is 
ecologically dangerous to assume the consequences are insignificant. 

Radioactivity —Since the accomplishment of a controlled nuclear 
reaction in 1942, man has begun to contaminate the oceans with 
artificial radioactivity. Artificial (man generated) radionuclides are 
produced by (1) fission of heavier elements such as plutonium or 
uranium, (2) fusion of light isotopes such as tritium and deuterium, 
and (3) neutron activation or bombardment of stable isotopes with 
neutrons. 

There are several sources of artificial radioactivity in the oceans 
but most of the radioisotopes presently found there resulted from at- 
mospheric testing of nuclear weapons. With decreased worldwide 
testing this source has become less significant. However, peaceful 
uses of nuclear energy are increasing. Many radionuclides are in- 
corporated in fallout from nuclear explosions. Those of greatest 
importance, because of their longer half lives and biologic activity, 
are iron (Fe), strontium (Sr®°), and cesium (Cs'87). Others such as 
iodine (I*!), barium (Ba™°), or lanthanum (La!°) may be biologically 
important for brief periods in the vicinity of the explosion. Runoff 
of radioactive fallout over land is not likely to reach the oceans in 
significant amounts. Fallout from nuclear excavations such as have 
been proposed to construct a sea level canal across Central America 
would, however, have a significant impact on radioactivity in nearby 
marine environments. Table XIIJ and Figure 1 illustrate the world- 
wide deposition of strontium (Sr®°°) fallout since 1957. 


TABLE XIII1—WORLDWIDE DEPOSITION OF SR% 


Average 

concentration 

in North 

Atlantic 

Annual Cumulative surface 

deposition ! deposition 1 waters? 

Year (MCi) (MCi) (upCi/1) 


Sources: 

1 Volchok, H. L. Worldwide Deposition of Sr8° Through 1969. In health and safety laboratory fallout program, quarterly 
summary report, July 1, 1970. USAEC HASL-227, 1970: 1-70-80. ; : 

2 Adapted from Bowen, V. T., V. E. Noshkin, H. L. Volchok, and T. T. Sugihara. Fallout Strontium-90 in Atlantic Ocean 
a ae In health and safety laboratory fallout program, quarterly summary report, July 1, 1968. USAEC HASL-197 

3 For first 6 months or 1967 only. 


19 


2 


Cumulative deposit of 9°Sr on earth’s surface (MCI) 


le eine cet a 


1960 1970 1980 1890 2000 2010 2020 2030 2640 
Year 


¥Fieure 1.—The amount of 9°Sr on the earth’s surface reached a maximum during 
1966-1967 and will decline exponentially with a half-life of 28 years unless at- 
mospheric testing is resumed. The level of ®7Cs deposited is approximately 
1.7 times that shown for Sr. 


Source: Rice, T. R. and D. A. Wolfe. Radioactivity—Chemical and Biological Aspects. In ‘Impingement 
-of Man on the Oceans’’ (Hood, D. W., ed.). New York, Wiley-Interscience, 1971, p. 333. 


_ Nuclear power plants generate small amounts of radioactive wastes 
which are released into the environment. The two main sources of 
this radioactivity are uranium fission products which escape the fuel 
cladding and radionuclides resulting from activitation of corrosion 
products. Although carefully controlled, some radioactive isotopes 
(mostly tritium and the noble gases) are released in water or vapor. 
Table XIV lists an estimate of the radioisotopes that would be released 
annually by a 1050 megowatt pressurized-water reactor planned for 
Burlington County, New Jersey. Nuclear fuel production plants and 
plants for reprocessing nuclear fuels are also responsible for discharging 
low levels of radioactivity. 

The recommendations of the International Commission on Radio- 
logical Protection (ICRP) * are universally used as guides for regula- 


24 International Commission on Radiological Protection. Recommendations of the International Commission 
on Radiological Protection (adopted September 9, 1958), New York. Pergamon Press, vi + 18 p. 


20 


TABLE XIV.—ANNUAL RELEASE OF RADIONUCLIDES ESTIMATED FOR A PRESSURIZED-WATER POWER REACTOR OF 
1,050 MW ELECTRIC CAPACITY 


ee hv 


‘ Microcuries/ Microcuries/ 
Isotope Half-life year Isotope Half-life year 


Fp PD MV ——  —— 


Liquid wastes: Gaseous wastes—Continued: 
3H 131 


iy a aed a ee 226 yrs 40S [.22..- 222.2... 4. 3 days —. =. w@ ol oon 
OT iL ae RE a ee 314 days_____ 97 S<10st 2 Te ee ee ae 78 re ee 6.99 K 102 
Bein ee ke aay (eee 2.64 & 101 (2 | EN LSE See 2:3 Wee 2.8 xX 102 
Ch Oa ede et aa a TAdayS ae 2.95 * 101 MSBP Ce ee OS ee Pal Vey RERENS 5.13 & 103 
DUG Deep meas Sa By Ti] ee ee 3.48 NEA Senet eg ee 53: mines) 2 38 2.16 X 104 
BES ead eater 2 Lee 50.4 days_____ 9.1 CT RAG MEAS eo aca 6:7 Ar eee 2.6 X 1037 
BOG Fa oe AS ae Vineness 5.76 ACG > FER ees Ae Ziyi ee ee 8.69 * 102 
SOY ed, 2 et Fa GAs yee ies 1.06 ECS. ee as 2S I3idayse eee 8.36 * 101. 
MS he seen 2 ee OY intee se 2.49 BiGs st ae A S0.Vi ee 4.58 X 103 
ch (tk See Seen a 59\days#22= 2.11 X 101 MOB qugee! ie es 12.8 days_____ 6.28 
0) GAAS weet ORE gi | |] eee .13 pA REY ee ae ares DS 0:2: hre_ 35 
CLL ess aie! OE AE 66 hres 125 10% 1 Cee see eee ee Ae 285 days_____ 7.82 

Gaseous wastes: 

BK ieee oe ee TO Ayre: ease 5.62 K 103 
Kei Mt. . Bette Fa 5 27 daysse 1.58 x 103 


Source: Preliminary Facility Description and Safety Analysis Report, Salem Nuclear Generating Station, Burlington 
County, N.J. Docket No. 50-272. 


tion of waste disposal from nuclear installations, but various 
interpretations of the recommendations have arisen from nation to 
nation. The source of this discrepancy is usually in the point of appli- 
cation of the standards recommended by the ICRP. The British 
impose a restriction on the dose actually received by people living 
near the nuclear installation, the United States imposes a restriction 
on the content of radioactivity in the effluent that leaves the restricted 
area around the installation, and the U.S.S.R. imposes a more rigid 
restriction on the amount of radioactivity released from inside the 
installation. The British policy thus permits the greatest release of 
radioactivity and requires more intensive site evaluations and environ- 
mental surveillance to ensure that the dose limitation is not exceeded.” 
The United States permits the release of liquid wastes containing 3 
to 10 times the maximum concentration of radionuclides that can be 
legally released within the U.S.S.R.*° The Soviet policy is generally 
to endorse the ICRP standards for the general population, which were 
recommended as limits for human consumption, at the point of release 
inside a nuclear facility. This policy does not consider the dilution 
capacity of rivers, estuaries, or the ocean, or the rate of physical decay 
relative to the release of radioactive nuclides. The United States. 
Nuclear Regulatory Commission regulations, on the other hand, limit 
the release of radioactive materials to concentrations as low as 
practicable by current technology but not more than 10 percent of 
the maximum permissible concentration (MPC) values recommended 
by the ICRP for 168 hour occupational exposure.” 

The deep ocean was once considered a suitable depository for solid 
radioactive wastes in sealed containers. Although the United States 
has ceased this practice, other nations, and this includes the major 
nuclear states, continue to dispose of radioactive materials in the sea 
even though they are signatories to the Dumping Convention. 

25 Preston, A. Site evaluations and the discharge of aqueous radioactive wastes from civil nuclear power~ 


stations in England and Wales. In Disposal of radioactive wastes into seas, oceans and surface waters. [AEA 
Proc. Ser., IAEA, Vienna, 1966: 725-737. 
26 Parker, F. L. United States and Soviet Union Waste-Disposal Standards. Nucl. Safety, v. 6.1963 433-436.. 
27 Code of Federal Regulations, Title 10, Chapt. 1, Parts 20 and 50. Standards for protection against 
radiation. Washington, D.C. U.S. Govt. Print. Off. Jan. 1974. 


21 


_ Introduction of radioactive materials into the oceans may also arise 
from accidents such as the sinking of the nuclear powered submarines 
USS Thresher in 1963 and USS Scorpion in 1968, or from the rupture 
of an atomic weapon as happened at Palomares, Spain in 1966. An- 
other’ source of radioactive pollution is the use and disposal of radio- 
active materials by hospitals, research facilities, and industry. After 
radioisotopes are introduced into the marine environment they may 
(1) remain in solution, (2) be absorbed on suspended particulate mat- 
ter or bottom sediments, (3) flocculate and precipitate to the bottom, 
or (4) be accumulated by plants and animals. The major consequence 
for man is the incorporation of radioisotopes into the food web and 
their progressive concentration in higher order organisms. Table XV 
lists approximate concentrations of radionuclides found in marine 
organisms. Figure 2 illustrates lethal dosages for various phyla. One 
instance of the lethal effect on marime organisms by ingestion and 
concentration of radioisotopes occurred after a nuclear detonation in 
the Marshall Islands in 1958. Investigators found that herbivorous 
fish concentrated radioactive iodine from seaweed which had previously 
accumulated this isotope from seawater. Carnivorous fish then further 
concentrated the iodine to such an extent that their thyroid glands 
were destroyed.”® 

The International Commission on Radiological Protection has 
determined the maximum permissible concentration (MPC) for con- 
tinuous exposure either by air or water to any one of 240 radioisotopes. 
If more than a single isotope is encountered, these exposure levels 


TABLE XV.—APPROXIMATE CONCENTRATION FACTORS FOR RADIOISOTOPES OF PROBABLE SIGNIFICANCE IN 
THE MARINE BIOSPHERE 


Radionuclide(s) Algae Crustacea Molluscs Fish 
80 0. 97 0.95 0.97 
4,000 3, 600 4,700 5, 400 
104 2104 6103 3.7104 
2 120 5 

1, 200 S00 es see ene 750 
2, 000 100 400 100 
3, 000 2, 000 104 200 
2104 2, 500 104 1, 500 
500 500 500 8 
103 2, 000 1.5104 1, 000 
~l1 ~l ~ ~!l 
50 2 2 
500 100 15 10 

1,500 100 5 
400 100 10 1 
rR WR MAS RR Be RI TE AE SOE ECO es TE TN oO See Es 7 194 pi tetee assaes 
ROE i SS SEE LAME See a emanate 8) caer ae 5, 000 30 50 10 
133Xe Nt ee ye a ee Ae at EN Se te aN ~!l ~l ~l ~!l 
SSAC SSO IN ES POC ee SE ES aE 15 20 10 10 
MOR astiOlQew a ei ees NY, ad be ee day Cia ae ane aS EI BY ae ve 8 
SEITEN eee eaten Cn eID OVC oe Rema tt a 700 20 400 3 
TRS eI GWie tbe CaN ROTEL DLC Pe ee ee Bye by Age 5 2 20 3 
2S ELD D Mea he maa CN TIN aN in RIN So RE a TAG A EROS cies 200 ya aro 
ZIDR ORE PU OEE DN PO INS RAS ETERS OR EAS WAN SMELT) ES oe Oh ET Bt lt el 
S2bRape Tae OES aS Te lea) 1,000 100 1, 000 130 

CEN PT) a AS a peek Seite 2 tl Pin a Woe I, 300 3 200 


Source: Rice & Wolfe, op. cit., p. 351. 


28 Gorbman, A. and M. S. James. An exploratory study of radiation damage in the thyroids of coral 
reef fishes from the Eniwetok Atoll. In Radioecology (Schultz, V. and A. W. Klement, eds.), New York. 
Reinhold, 1963: 385-399. 


Crustacea 


en 


3 ary — 
= 
ay 


: 10% 103 10° 
Roentgens 


Figure 2.—Lethal doses of radiation for different phylogenetic groups. Senistivity~ 
to radiation generally increases with increasing complexity of organisms. 


Source: Donaldson, L. R., Evaluation of radioactivity in the marine environment of the Pacific Proving” 
Sipund: In “Nuclear detonations and marine radicactivity,’’ (Small, S. H., ed.), Norway. Kjeller, 1963: 


must be reduced accordingly. The MPC for any completely unknown 
mixture of radionuclides is set at 1077 uCi/em* for continuous exposure. 
With regard to the marine environment, the danger of radiation expo-. 
sure to man would arise from eating contaminated seafood. Marine 
organisms concentrate some elements to high degree. Evaluation of 
marine contamination by radioactivity is complicated by diverse 
environmental and biological variables that affect the disposition of a 
radionuclide introduced into the oceans. Varying patterns of con- 
sumption of any given seafood species also affect the MPC. 

Man’s major contact with the oceans has been and probably will 
continue to be the coastal areas. The coastal areas are most likely to 
receive radioactive effluents from river systems. Much of the radio-- 
activity will become incorporated into sediments of estuaries where 
many marine organisms live or reproduce. About 66 percent of the. 
total catch of commercial marine species comes from the coastal zone, 
from waters less than 25 fathoms deep. Consequently, the estuaries. 
and bays are where the impact of man’s nuclear technology is most- 
likely to be felt. 


23 


TABLE XVI.—CARBON CONTENTS AND APPROXIMATE RESPONSE TIMES FOR THE DYNAMIC. CARBON RESERVOIRS. 
. ON THE EARTH‘S SURFACE 


Total Total Response 

carbon Carbon carbon time: 

(10 16 moles) (moles/m2) 1 (percent) (year) 

Atmosphere Ann 2 oe See EE 5 140 ITPA Week cit ae mene Nn 
Ocean eee OSE A ee 325 9, 050 CL Wea Rta ee bes 
WarimSuntaces = xn Soe 5 140 103) ~2 
Matrthernmocline: 2278 0 ase Oa ees eee 80 2,250 23.3 ~100' 
Dee piece an aie i ee ee 240 6, 660 69.7 ~1, 000: 
Biosphere ure nr oD e ide ae Vee As She ae 14 370 AN QU LORE See eA 
Mivingrorcanicsen aun nie Cee 3 70 .8 ~5. 
SOMOTRANICSH se eae ae ee Oe i 300 abe ~300' 
iota leeks Mea Ge PON! aera hi) OL Ma 343 9,570 TOO) Ob osraneee a 


1 Area of ocean surface (3.6 X 1014 m). 
Source: Broecker et al, op. cit. p. 291. 


Carbon dioxide.—A direct consequence of the combustion of coal, 
gas, and petroleum fuels is the formation of carbon dioxide (COQ,) 
and its release into the atmosphere. During the past century this has 
increased the atmospheric carbon dioxide content by more than 10 
percent. Furthermore, some experts predict that the carbon dioxide 
content of the air is expected to double during the first half of the 
next century.”? Fortunately, carbon dioxide is not toxic and human 
health is not endangered. The primary concern, however, is the effect 
this additional CO, will have on our climate. Carbon dioxide and 
water vapor trap outgoing infrared light thus keeping the surface of 
our planet warmer than would be possible in the absence of these 

ases. 

: All the carbon dioxide that initially enters the atmosphere does not 
remain there but becomes distributed among the oceans and biosphere. 
The oceans contain about 55 times as much carbon as the atmosphere, 
and the biosphere contains about 2% times as much. Table XVI lists 
the carbon contents of each reservoir and the time required to exchange 
carbon atoms with each reservoir. Due to the long time factors in- 
volved, about 60 percent of the carbon dioxide now entering the 
atmosphere as combustion products will remain there, and most of the 
rest will enter the surface water of the oceans. Because of the buffering 
system of carbonate, bicarbonate, and carbonic acid, the effect of an 
increase of CO, content on the oceans is to drive the system to slightly 
lower pH until carbonate begins to go into solution. Such solution will 
then increase the ocean’s capacity for additional carbon dioxide 
until a new balance is reached. 

The future effect on world-wide climate is the greatest problem area 
of increased carbon dioxide production. Approximately 70 percent of 
all incoming solar radiation is absorbed by the atmosphere, oceans, or 
land surface and the rest is reflected back into space. A change in the 
carbon dioxide content of the atmosphere upsets the earth’s radiation 
balance which has a feedback in temperature, humidity, and cloudi- 
ness, though the magnitude of these effects is not known. However, 
they are by no means negligible. 


20 Broecker, W. S., Y. H. Li, and T. H. Peng, Carbon dioxide—man’s unseen artifact. In Impingement 
of man on the oceans (Hood, D. W., ed.). New York, Wiley-Interscience, 1971: 287-324. 


24 


Studies have shown that an increase in global mean temperature of 
no more than 0.5° C has resulted over the last century from the man- 
made carbon dioxide injected into the atmosphere.*? Distribution 
over the globe is not uniform. Most of this change has occurred in 
regions adjacent to the Arctic Ocean. Although these trends have not 
reached disturbing levels to date, the much greater increase in carbon 
dioxide production projected to come in the next 50 years must be 
seriously considered. It is time to make a concerted effort to under- 
stand more fully what has been termed man’s greatest geophysical 
experiment.” 


30 Mitchell, J. M. On the world-wide pattern of secular temperature changes. Changes of climate, Arid 
Zone Monograph, v. 20, 1963. UNESCO, Paris. p. 161-181. 
31 Broecker et al, op. cit., p. 322. 


IV. POLICY FOR CONTROLLING POLLUTION 


Utilization of the ocean’s resources can range between two pro- 
cedures: (1) a haphazard approach leading to gradual dissipation. of 
the ocean’s resources and the degradation of its environment, and (2) 
a planned responsible approach that promotes and conserves the 
resources in an environmentally acceptable schedule. Before the 
impact of increasing population and advancing industrialization and 
technology brought a more general awareness of the effects of pollution 
in the oceans, a haphazard approach to utilizing the ocean resource 
was the custom. The quantities of pollutants added to the oceans by 
man up to a few decades ago were small. The vastness of the oceans 
and the insignificance of man’s ability to alter the marine environ- 
ment seemed certain. Lately, however, measurable quantities of 
pollutants are being found in the oceans, quantities that in some cases 
apparently are increasing at significant rates. 

- The need for formulating effective ocean policies and international 
agreements for the prevention and control of marine pollution is 
becoming more urgent. Internationally accepted regulatory agencies 
organized to control marine pollution are widely urged. Three cate- 
gories of organizations are currently concerned in evolving policies 
for controlling ocean pollution. These ‘are individual national govern- 
ments, intergovernmental organizations, and nongovernmental or- 
ganizations. A number of activities in each of these categories will be 
considered in the following chapters. 

Among the policies and actions that need to be adopted are the 
following: (1) establishing reliable baselines as a starting point for 
determining the extent of marine pollution, (2) determining distribu- 
tion and dispersal mechanisms in the oceans, (3) monitoring changes 
in pollution levels, and (4) assessing data to predict, if possible, the 
extent of pollution likely to affect the marine environment from new 
activities and technologies. 

Baselines 

Baselines need to be determined for many chemical, physical, and 
biological parameters. 

Chemical baselines.—Chemical constituents in the oceans have 
been analysed for several years, but much further work is necessary 
to determine the exact nature of the elements and compounds in- 
volved. Toxic metals can be in the form of dissolved ions, colloids, 
organic complexes, mixed aggregates, crystalline solids, coatings on 
mineral grains, or absorbed or adsorbed into clay minerals. Each 
chemical state reflects a different degree or ability to become mobile 
and taken up into the food chain. Consequently, the fact that a metal 
is found in the environment does not necessarily mean it is a hazardous 
pollutant in its present chemical state. However, a change in chemical 
environment may have a significant effect on some pollutants. For 

(25) 
45-670 —75-—3 


26 


example, mercury was thought to be relatively immobile as a metal, 
but, under natural conditions, it can become incorporated into organic 
compounds such as methyl mercury. This compound is very active 
and biologically hazardous in concentrating mercury in the food web. 

Physical baselines.—Physical baselines are also necessary. Among 
these are temperature, salinity, dissolved gases, depth, currents, etc. 
These physical parameters have a direct effect on the ecology of the 
estuaries and oceans. In cases where an electric power-generating 
facility is proposed, temperature changes created by the facility may 
have severe effects on the biota im the vicinity. Pollution-related 
changes in thermal and density gradients and ocean-atmosphere 
equilibria may affect weather and climate. Comprehensive physical 
baseline data are necessary to assess environmental changes. 

Biological baselines—Baseline data of biological populations are 
another requirement. These most directly affect man since a major 
element of food supply is derived from the oceans. Pollutants which 
themselves weaken or destroy a link in the food chain will also affect 
all the links further along. Sometimes the effect of a pollutant is not 
readily apparent or known. An oil spill may cause the death of a few 
high order organisms such as birds and fish but unnoticed millions of 
micro-organisms may also perish. Millions of others may become 
contaminated. The effect of this loss on the ecology of an area may 
not be immediately evident. Baseline data on populations of micro- 
organisms, in addition to higher order life forms, may help assess 
damage to the marine environment. 


Distribution and Dispersal Mechanisms 


Accurate knowledge of distribution and dispersal mechanisms 
such as currents, tides, waves, estuarine circulation, and wind patterns 
over the oceans, etc. is important in pollution control. The oceans can 
be utilized as repositories for many materials. In some cases this 
will be unavoidable since materials deposited on Jand or in the atmos- 
phere will not tend to remain there. In other cases intentional releases 
into the oceans may be the most suitable means of diluting or disposing 
of a substance. The latter, however, cannot be accomplished in a re- 
sponsible and controlled fashion without prior knowledge of the 
distribution of the material within the marine environment. Informa- 
tion on speed, direction, and fluctuations of currents must be available 
to assure proper dilution and dispersion and guarantee that there will 
be no harmful concentration. In other cases knowledge of. dispersal 
mechanisms may be used to assure that a material will not be dispersed, 


Monitor Changes 


Monitoring systems established to determine changes in the marine 
environment induced by man’s activities are of central importance. 
A number of technological developments are now available to facilitate 
this type of program. Satellite sensors can monitor temperatures ‘and 
atmospheric conditions. Surface measurements can be made from 
bouys, ships, and floating platforms. Seabed sensors are also being 
developed. Key parameters need to be selected to yield the information 
necessary to assess the implications and future effects of any deviations 
from baseline data. 


27 


Prediction of Pollution Potentials 


The final goal of technical investigations of marine pollution is-to 
develop the ability to predict accurately the consequences of man’s 
activities. Not only are the effects of existing activities not com- 
pletely known, but new activities and technologies must be assessed. 
This can only be possible through increased marine scientific 
research and free exchange of information. Analysis and dissemination 
of this information to the proper regulatory agencies can then become 
a means of preventing pollution rather than dealing with pollution 
after the fact. 


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V. NONGOVERNMENTAL INTERNATIONAL ORGANIZA- 
TIONS CONCERNED WITH MARINE POLLUTION 


In the private sector a number of nongovernmental organizations 
are involved with the problems of marie pollution. This involvement 
includes information exchange and research coordination, legal re- 
search and reference, and monitoring marine pollution. Not all of the 
organizations listed below are involved in all of these aspects:and some 
are involved in other areas as well. Many of the international organi- 
zations have national member organizations in each country. In addi- 
tion, most developed countries have numerous local environmental 
eroups devoted to some aspect of marine pollution such as offshore oil 
development in the Santa Barbara Channel, etc. The primary thrust 
of these local groups is to create public awareness and support for 
their particular cause. 

The following list attempts to mention some of the major interna~ 
tional or canizations concerned with marine pollution. Other organiza- 
tions with marine environmental activities may be found in the 1972 
Survey of Environmental Activities of International Organizations,” 
prepared for the Committee on Commerce, United States Senate, by 
the Congressional Research Service of the Librar y of Congress.” 

1. International Council of Scientific Unions. ICSU is an asso- 
ciation of scientific unions and academies of several disciplines aimed 
at coordinating and facilitating activities among these groups. The 
unions having some interest in marine pollution are: 

1. International Union of Geodesy and Geophysics (IUGG) 
2. International Union of Biological Sciences (LUBS) 
3. International Union of;Geological Sciences (LUGS) 
4. International Union of Pure and Applied Chemistry 
ICSU has established a number of committees for specific activities. 
ICSU committees concerned with the marine environment are: 
1. Ad Hoc Committee on Problems of the Human Environment 
2. Special Committee on Problems of the Environment 
(SCOPE) 
3. Scientific Committee on Oceanic Research (SCOR) 
4. Special Committee for the International Biological Program 
(SCIBP) 

2. David Davies Memorial Institute of International Studies. 

3. International Association for Hydraulic Research 

4. International Association for the Physical Sciences of the Ccean 

5. International Association of Scientific Hydrology 

6. International Association on Water Pollution Research 
(AWPR) 

7. International Council for Bird Preservation 

8. International Law Association 

32, U.S. Congress. Senate. Committee on Commerce. 1972 Survey of i CnC activities of internationaé - 
D. 


organizations. February 1972. Washington, U.S. Govt. Print. Off., 1972. 
At head of title: 92d Congress, 2d session. Committee print. 


(29) 


30 


9. Inter-Parliamentary Union 

10. International Union for the Conservation of Nature and Natural 
Resources 

11. International Association of Microbiological Societies (IAMS) 

12. International Council for the Exploration of the Sea (ICES) 

13. International Hydrographic Organization (IHO) 

A summary of international organizations and conferences dealing 
with marine pollution is given in Appendix II 


VI. UNILATERAL, BILATERAL, AND MULTILATERAL 
ACTIVITIES FOR CONTROLLING OCEAN POLLUTION 


Prior to the formation of the United Nations, intergovernmental 
agreements on marine pollution had been discussed. Bilateral and 
multilateral activities continued after the United Nations became the 
organizational head and international forum for such activities. 
Intergovernmental marine pollution agreements concluded outside 
the United Nations generally relate to specific areas of interest to a 
limited group of nations such as pollution in the North Sea. 


Washington Conference of 1926 

The first international conference on marine pollution, prior to the 
formation of the United Nations, was convened in Washington, D.C., 
in 1926 on the initiative of the United States. Recognizing the dangers 
of oil pollution from shipping, the United States pressed for strong 
regulations prohibiting all oil discharge from vessels. Although hope- 
lessly ahead of its time, the conference did produce a draft resolution 
granting states permission to establish coastal zones within which oil 
discharge would not be permitted. 


Bonn Agreement of 1969 

On June 9, 1969, eight North Sea countries signed an agreement in 
Bonn, Germany, requiring member states to inform, without delay, 
other member states when they became ‘‘aware of a casualty or the 
presence of oil slicks in the North Sea area likely to pose a serious 
threat to the coast or related interests of any other Contracting 
Party” to inform that state without delay and to ‘‘use their best 
endeavors” to provide aid ‘‘to dispose of oil floating on the sea or 
polluting its coast.’ 3 The Agreement Concerning Pollution of the 
North Sea by Oil is a strengthening of the previous Agreement Con- 
cerning Co-operation to Ensure Compliance with Regulations for 
Preventing the Pollution of the Sea by Oil, signed by four countries 
at Copenhagen on December 8, 1967. 


Arctie Waters Pollution Prevention Act of 1970 

On June 26, 1970, Canada passed the Arctic Waters Pollution 
Prevention Act which established pervasive controls over the deposit- 
ing of waste into the zone of arctic waters that extends 100 nautical 
miles north of Canada’s shore. Waste is defined as any substance or 
water containing any substance which, if added to any waters, would 
be detrimental to their use by man or any animal, fish, or plant that is 
useful to man. The Canadians have not claimed sovereignty over 
this area, but only the right to prevent pollution. The Act places 
an ‘“‘absolute”’ liability, in no way dependent on ‘“‘fault or negligence” 
on any person for damages resulting from the deposit of waste caused 


33 Agreement For Co-operation in Dealing With Pollution of the North Sea by Oil, signed at Bonn on 
June 9, 1969. art. 5 and 7. 
(31) 


32 


by his developing or exploiting a natural resource, or other activities 
on land or water of the arctic, or on the ‘owner of any ship that 
navigates within the arctic waters” or on ‘“‘the owners of the cargo” 
of the ship.** Pollution prevention officers are given broad powers 
of inspection and passage. They can keep ships out of a control zone. 
unless. they meet ‘prescribed environmental standards or 
requirements.” { 


Oslo Convention of 1971 


In response to local initiatives, eleven ste treet eptal lee a 
regional Convention for the Prevention of Marine Pollution by 
Dumping from Ships and. Aircraft at Oslo in October 1971 and signed . 
on February 15, 1972. The Oslo Convention pledges the contracting 
states “to take all possible steps to prevent. the pollution of the sea 
by substances that are liable to create hazards to human health, 
to harm living resources and marine life, to damage amenities or 
to interfere with other legitimate uses of the sea.’’** The Oslo Conven- 
tion established two lists of substances, a “black list”? and a “gray 
list.” Dumping of the former is prohibited and dumping of the latter 
is only approved under a system of permits and regulations. These 
substances*are listed below. ° 


Excerpts From Osto CONVENTION 
ANNEX I—“BLACK LIST”’ 


The following substances are listed for the purposes of Article 5 of the 
Convention: 

1. Organohalogen compounds and compounds which may form such substances 
n the marine environment, excluding those which are non-toxic, or which are 
rapidly converted in the sea into substances which are biologically harmless; 

2. Organosilicon compounds and compounds which may form such substances 
in the marine environment, excluding those which are non-toxic, or which’ are 
rapidly converted in the-sea into substances which are biologically harmless; 

3. Substances which have been agreed between the Contracting Parties as 
likely to be carcinogenic under the conditions of disposal; 

4. Mercury and mercury compounds; 

5. Cadmium and cadmium compounds; 

6. Persistent plastics and other persistent synthetic materials which may float 
or remain in suspension in the sea, and which may seriously interfere with fishing 
or navigation, reduce amenities, or interfere with other legitimate uses of the sea. 


ANNEX II—“GREY LIST”’ 


1. The following substances and materials requiring special care are listed for 
the purposes of Article 6: 

(a) Arsenic, lead, copper, zinc and their compounds, cyanides and fluorides, 
and pesticides and their by-products not covered by the provisions of Annex I; 

(b) Containers, scrap metal, tar-like substances liable to sink to the sea bottom 
and other bulky wastes which may present a serious obstacle to fishing or 
navigation; 

(c) Substances which, though of a non-toxic nature, may Becoie harmful 
due to the quantities in which they are dumped, or which are liable to seriously 
reduce amenities. 


34 Arctic Waters Pollution Prevention Act, 18-19 Eliz. II (Can. 1970), art. 6 (1). 

35 Supreme Court Justice William O. Douglas commented on the Canadian Act, as follows: 

“The Canadian Act is not necessarily the model for an ocean regime, though it night well fit the needs 
of a hemispheric regime. But in its preventive and penalty provisions it suggests the kind of international 
controls that are needed. It also indicates why existing efforts to define ‘‘jurisdiction of the territorial seas 
and contiguous zones are wide of the mark.”’ 


Source: Douglas, William O. Environmental Problems of the Oceans: The Need for International Controls. 
Environmental Law, spring 1971: p. 165. 

36 Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft, signed at 
Oslo on February 15, 1972. art. 1. 


oo 


2. The substances and materials listed under paragraph 1 (b) above should 
always be deposited in deep water. 

3. In the issuance of permits or approvals for the dumping of large quantities 
of acids and alkalis, consideration should be given to the possible presence in 
in such wastes of the substances listed in paragraph 1 above. 

4. When, in the application of the provisions of Annexes II and III, it is con- 
sidered necessary to deposit waste in deep water, this should be done only when 
the following two conditions are both fulfilled: 

a) that the depth is not less than 2000 metres. 

b) that the distance from the nearest land is not less than 150 nautical miles. 
Each signatory state is committed to enforce the agreement with 
respect to (a) “‘ships and aircraft registered in its territory,’ (b) 
“ships and aircraft loading in its territory the substances and materials 
which are to be dumped,” and (c) ‘‘ships and aircraft believed to be 
engaged in dumping within its territorial sea.’’ This convention applies 
to the territorial seas as well as the international waters of the North- 
Hast Atlantic and adjoming Arctic Oceans. 


U.S_A.-U.S.S.R. Agreement on Environmental Protection 


A bilaterial agreement signed on May 23, 1972, between the United 
States and the Soviet Union established a Soviet-American Joint 
Committee on Cooperation in the Field of Environmental Protection 
which “‘as a rule” shall meet once a year in Washington and Moscow, 
alternately. The basis for this action is the underlying assumption 
that deterioration of the environment is primarily, although not 
entirely, a result of advanced industrial and urban society and the 
correction of this devastation is mostly a problem for the advanced 
nations. 


International Decade of Ocean Exploration 

A world-wide program of work related to ocean pollution is being 
carried out under the auspices of the International Decade of Ocean 
Exploration (IDOE). This program, aimed at preservation of the 
quality of the marine environment, has gained the support of thirty- 
two nations. One aspect of this research is to take measurements at 
sea of the concentration of specific pollutants considered potentially 
hazardous to man or marine life. 


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Vii. U.N. ACTIVITIES FOR CONTROLLING OCEAN 
POLLUTION 


Because ocean space is physically international in character, coping” 
with the problems of marine pollution needs to be coordinated at 
the international level. Unilateral actions by individual states or small 
groups of states will not be effective over the entire ocean without 
some form of international recognition. Proposals of individual states 
without international advancement are effective only in local areas 
or territorial waters. The United Nations, whose membership in- 
cludes most of the nations of the world, is the logical medium through 
which to seek international cooperation for controlling marine pollu- 
tion. To this end several organizations have been created within the 
existing framework of the United Nations to cope with various 
aspects of marine pollution. 


U.N. Organizations Concerned with Marine Pollution 


The following is a brief summary of the United Nations organiza- 
tions presently concerned with marine pollution: 
. General Assembly and Economic and Social Council: 
. U.N. Environment Program (UNEP); 
. U.N. Secretariat; 
. U.N. Development Program (UNDP); 
. U.N. Scientific Committee on the Effects of Atomic Radiation; 
. U.N. Institute for Training and Research (UNITAR); 
. U.N. Educational, Scientific and Cultural Organization 
(UNESCO); 

8. International Atomic Energy Agency (IAEA); 

9. International Bank for Reconstruction and Development; 

10. International Labor Organization (ILO) ; 

11. Inter-Governmental Maritime Consultative Organization 
(IMCO) ; 

12. Food and Agriculture Organization (FAO) ; 

13. World Meteorological Organization (WMO); 

14. World Health Organization (WHO) ; 

15. Joint Group of Experts on the Scientific Aspects of Marine 
Pollution (GESAMP) ; 

16. Marine Environmental Protection Committee (MEPC) ; 

17. Engineering Committee on Oceanic Resources (ECOR). 

Within most of the above organizations matters of ocean pollution 
are directed to one or two specialized divisions or committees. For 
example, within FAO there is the Advisory Committee on Marine 
Resources Research (ACMRR), and the WMO has an Advisory 
Committee on Oceanic Meteorological Research (ACOMR). Within 
UNESCO the Intergovernmental Oceanographic Commission (LOC) 
is primarily concerned with oceanic exploitation and research. The 
IOC has overall responsibility for the Long Term and Expanded 


(35) 


NO om Whe 


36 


Program of Oceanic Exploration and Research (LEPOR) which 
ancludes pollution-related research. Another program just instituted 
under the IOC is the Global Investigation of Pollution of the Marine 
Environment (GIPME). This program encourages and coordinates 
national scientific research efforts dealing with sources of marine 
pollutants, their distribution and geochemical cycling in the oceans, 
effects on marine organisms, and impact on the marine environment. 
The Integrated Global Ocean Station System (IGOSS), sponsored 
by IOC with the cooperation of WHO and other organizations, is 
expected to facilitate global monitoring arrangements. 

From its inception in 1959, IMCO has been responsible for col- 
jecting and disseminating technical information on oil pollution as 
well as administering the 1954 Oil Pollution Convention. This Con- 
vention has since been amended through conferences convened by 
IMCO. As the amount of marine pollution continued to increase the 
Maritime Safety Committee of IMCO set up a special Subcommittee 
on Oi! Pollution in 1965. As problems from other forms of ocean pollu- 
tion became evident, this subcommittee was renamed the Subcom- 
mittee on Marine Pollution. 

U.N. organizations have been active in the past and have had 
several accomplishments in coping with the problems of marine 
pollution. These activities, summarized in Appendix III, include a 
number of international conferences and conventions on pollution of 
the seas. 


Oil Pollution Convention of 1954 


Little actually came of the Washington Conference of 1926 and 
it was not until 1954 that the next international conference on marine 

ollution was held under the auspices of the United Nations in 

ondon. This conference produced the International Convention for 
the Prevention of Pollution of the Sea by Oil which was opened for 
signature in May 1954 and entered into force July 1958.°7 The 1954 
Convention adopted the zonal concept promoted in the 1926 Con- 
ference wherein oil discharge was limited but not prohibited. This 
zone extended 50 miles from the coast. No provision was made to 
control oil discharge outside the coastal zones. Enforcement was left 
in the hands of the state of registry. States were required to provide 
equally severe penalties for unlawful discharge outside their own 
territorial waters as within them. 

1962 amendments.—In 1962 amendments were adopted to the 
1954 Oil Pollution Convention making the restrictions on oil dis- 
charge more stringent. These amendments extended the prohibited 
zones outward to 100 miles (150 miles in the case of Australia) and 
prohibited new ships of more than 20,000 tons, begun after the effective 
date of revision, from discharging even outside the prohibited zones.** 
‘These measures still appeared ineffective in controlling oil pollution 
in the oceans and further amendments were proposed. 

1969 Amendments —¥ollowing the Torrey Canyon disaster in March 
1967, which released massive quantities of oil polluting the shores of 
Great Britain and France, the Intergovernmental Maritime Con- 

37 International Convention for the Prevention of Pollution of the Sea by Oil, adopted May 12, 1954. 
3 U.S.T. 2089, T.I.A.S. No. 4900, 327 U.N.T.S. 3 (1961). 


38 International Convention for the Prevention of the Pollution of the Sea by Oil, adopted April 11, 
1962. 2 U.S.T. 1523, T.I.A.S. No. 6109, 600 U.N.T.S. 332 (1966). 


37 


sultative Organization (IMCO) charged its Maritime Safety Com- 
mittee to take all reasonable measures to achieve significant progress 
in the prevention and control of oil pollution. In response to this man- 
date the Maritime Safety Committee first proposed tightening existing 
control measures with respect to deliberate discharge of oily waters 
into the seas. Following these recommendations, the assembly of 
IMCO voted further amendments to the 1954 Oil Pollution 
Convention. 

These amendments finally eliminated the zone concept and limited 
the rate of discharge of oil or oily mixture of ships other than tankers 
to an oil content of less than 100 parts per miilion and to discharge 
volumes less than 60 liters per nautical mile, varying with distance 
from shore but as far as practicable from land. Tankers were more 
stringently limited to total discharges of no more than one-fifteen- 
thousandth of the total cargo capacity and at a distance of greater’ 
than 50 miles from land. In addition, a simplified oil record book was: 
required. Small tankers defined as less than 150 gross tons were still 
exempt. 

Enforcement of the Convention is defective. Violations are punish- 
able only under the laws of the state of registry of the offending vessel 
unless the violation occurs in the territorial waters of another nation. 
The injured coastal state obviously has a greater interest in prosecu- 
tion than the state of registry, which is often nothing more than e 
matter of convenience. The amendments are not yet in force inter- 
nationally. When they are signed into force they will approach, but: 
not quite attam, the goal set by the United States in the 1920’s. 

1971 amendments.—In subsequent action, the Maritime Safety 
Committee recommended and IMCO adopted two other sets of 
‘’ amendments to the 1954 Convention. The first set adopted on Oc= 
tober 12, 1971, provided special protection for Australia’s Great 
Barrier Reef by redefining ‘“‘nearest land” to include the area of the 
reef. The second set of amendments, adopted by the IMCO assembly 
on October 15, 1971, provided for tank arrangements and size limita= 
tions in the construction of new large tankers. The purpose of this set 
of amendments is to limit oil loss in the event of collision or 
stranding. The 1971 Amendments have yet to come into force inter= 
nationally. 


Geneva Conventions of 1958 

The complexity of problems facing the marine environment de= 
manded more than a piecemeal approach, yet that approach was 
Ceteenene of the four 1958 Geneva Conventions on the Law of 
the Sea. 

Convention on the high seas——Like the 1954 Convention which 
concentrated only on oil pollution, the 1958 Geneva Convention on 
the High Seas did not deal with pollution generally but concentrated 
on only two specific types of pollution. It again “obliged” signatory 
states to “draw up regulations to prevent pollution of the seas by the 
discharge of oil from ships or pipelines or resulting from the expioita~ 
tion and exploration of the seabed and its subsoil, taking account 
of existing treaty provisions on the subject.’ °® States were aise 
obligated to “‘take measures to prevent pollution of the seas from. the 


29 Convention on the High Seas, April 29, 1958, 18 U.S.T. 2312, T.1.A.S. No. 5200, art... 24.- 


38 


dumping of radioactive waste” and to ‘‘cooperate ‘with the competent 
international organizations in taking measures for the prevention of 
pollution of the seas or air space above, resulting from any activities 
with radioactive materials or other harmful agents.” *° 

There are several inadequacies in this convention, in part because 
it was drafted at a time when the magnitude and intensity of ocean 
pollution was not fully understood. The terms “other harmful agents” 
and “appropriate measures” have proven too broad to be effective. 
in addition, only those states which are parties to this Convention 
were obligated to ‘‘cooperate.”’ 

Conveniion on the territorial sea and the contiguous zone-——The 
Convention on the Territorial Sea and the Contiguous Zone permits 
the coastal State to ‘‘exercise the control necessary to: (a) prevent 
infringement of its customs, fiscal, immigration or sanitary regula- 
tions within its territory or territorial sea, (b) punish infringement 
of the above regulations committed within its territory or territorial 
sea’’ In a zone contiguous to its territorial sea not to exceed 12 miles 
from the baseline. If sanitary regulations can be interpreted as pollu- 
tion control measures, a state may then exercise its authority 12 miJes 
seaward. Even allowing pollution control jurisdiction to 100 or 200 
miles as some states claim, this still affects only a small part of the 
oceans. Clearly this Convention does not adequately deal with marine 
pollution. 

Convention on the Continental Shelf—With regard to the seafloor 
of the continental shelf, the Convention on the Continental Shelf 
provides that the coastal state is obligated to take ‘‘all appropriate 
measures for the protection of the living resources of the sea from 
harmful agents.’”’* This convention also does not define “appropriate 
measures” and “harmful agents.’’ Even the extent of the area of 
jurisdiction on the continental shelf is left somewhat ambiguous. 

Convention on fishing and the conservation of living resources.— 
The fourth Convention affirms that a coastal state has a “special 
interest in the maintenance of the productivity of the living resources 
in any area of the high seas adjacent to its territorial sea.” * The con- 


vention allows a state to take unilateral conservatory action if inter- ’ 


national agreements cannot be reached. 


Conventions and Treaties Affecting Radioactive Pollution of the Seas 

Five additional international agreements have been concluded 
which relate to marine pollution by radioactive materials. Some of 
these agreements are hindered by not being ratified by all nations 
possessing nuclear weapons or nuclear ships. 

1. International Convention for the Safety of Life at Sea, June 17, 
1960. 

2. Convention on Third Party Liability in the Field of Nuclear 
Energy, 1960. 

3. Convention on the Liability of Operators of Nuclear Ships, 
May 1962. 

4. Treaty Banning Nuclear Weapons Tests in the Atmosphere, in 
Outer Space and Under Water, August 1963. 

41 Convention on the Territorial Sea and the Contiguous Zone, April 1, 1958, 2 U.S.T. 1606, 1612, 
T.E.A.S. No. 5639. (1964). 

42 Convention on the Continental Shelf, April 29, 1958, T.I.A.S. 5578, 15 U.S.T. 471. 


42 Convention on Fishing and Conservation of the Living Resources of the High Seas, April 29, 1958, 
10U.S.T. 139, 141, T.I.A.S. No. 5969. (1966). art. 6. 


39 


5. Treaty on the Prohibition of the Emplacement of Nuclear 
Weapons, and other Weapons of Mass Destruction on the Seabed and 
Ocean Floor and on the Subsoil Thereof, 1971. 

in addition to the above treaties and conventions, the International 
Atomic Energy Agency has periodically issued guidelines and regula- 
tions, in accordance with a resolution of the 1958 Law of the Sea 
Conference for the safe disposal of radioactive wastes into the sea. 
There is no international control on such waste disposal. Individual 
states are only obligated to control discharge from their own facilities. 
However, because of early public concern toward radioactive pollution, 
disposal of wastes from nuclear reactors is perhaps one of the best 
controlled and managed disposal systems now existing. 


Intervention Convention of 1969 

The TYorrey Canyon disaster prompted two 1969 Brussels conven- 
tions dealing entirely with oil pollution from ships. The first of these, 
the International Convention relating to Intervention on the High 
Seas in Cases of Oil Pollution Casualties, permits any party to take 
“such measures on the high seas as may be necessary to prevent, 
mitigate or eliminate grave and imminent danger to their coastline 
or related interests from pollution or threat of pollution of the sea by 
oil, following upon a maritime casualty or acts related to such a 
casualty, which may reasonably be expected to result in major harmful 
consequences.’ “* Measures taken by the coastal state ‘‘shall be 
proportionate to the damage actual or threatened to it.”’* This 
convention is preventive in allowing signatory states to resort to 
self-help in emergencies to protect their own interests from oil pollu- 
tion damage. The principle of self-help on the high seas is not new, 
but this is the first international convention to apply it to the purposes 
of protection of the marine environment. 


Liability Convention of 1969 

The second 1969 Brussels convention dealt with civil liability in 
the event of oil pollution damage. The International Convention on 
Civil Liability for Oil Pollution Damage established rules and pro- 
cedures for determining liability and providing compensation for 
damage caused by oil pollution from ships.** The Liability Convention 
applies only to the territory or territorial sea of the signatory states 
and does not extend liability to damage occurring within the contig- 
uous zone or on the high seas. Liability applies to the ship owner, not 
the charterer or cargo owner, and unlike the 1954 Oil Pollution Con- 
vention as amended, claims can be made in the courts of the damaged 
state. Liability, defined in Poincare francs, was at that time equivalent 
to a limit of $134 per ton or up to $14 million maximum. This Conven- 
tion is primarily remedial rather than preventive, applying only to oil 
pollution after 1t causes damage to a limited area of the ocean. 

TOVALOP and CRISTAL.—The Liability Convention has been 
supplemented by voluntary actions of two segments of private industry 
directly concerned with this matter, namely the tanker owners and 
the cargo owners. The Tanker Owners Voluntary Agreement concern- 
ing Liability for Oil Pollution (TOVALOP) is an international insur- 

44 International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution 
Casualties, signed at Brussels November 29, 1969. art. 1. 


49 [bid., art. 5. 
a International Convention on Civil Liability for Oil Pollution Damage, signed at Brussels November 29, 
9. 


40 


ance program requiring participating tanker owners to either clean 
up oil spills or reimburse the countries whose shorelines are damaged 
or threatened. The maximum hability under TOVALOP is $10 million 
per vessel per incident. The other insurance program, Contract Re- 
garding an Interim Supplement to Tanker Liability for Oil Pollution 
(CRISTAL), was developed by cargo owners to provide additional 
coverage to private citizens as well as governments. This contract, 

extending coverage to a limit of $30 million per incident, was signed 
by the major oil companies January 14, 1971. 


International Fund Convention of 1971 

At the International Legal Conference on Marine Pollution Damage 
in Brussels in 1969, IMCO was charged to draft a compensation scheme 
based on an international fund. This was presented to the states 
signatory to the Liability Convention and adopted in Brussels in 
December 1971. The International Convention on the Establishment 
of an International Fund for Compensation for Oil Pollution Damage 
is intended to provide compensation to any party who has been unable 
to obtain full and adequate compensation under the Liability Conven- 
tion. The International Fund is to consist of mandatory contributions 
by oil importers in the contracting states based on the amount of oil 
received by each importer. The aggregate amount of compensation 
to be paid under the Liability Convention and the Fund 1s limited 
to 450 million Poincare francs, equivalent to $30 million at that time. 


Conference on the Human Environment of 1972 

In June 1972 in Stockholm, the United Nations held a Conference. 
on the Human Environment. ‘he Conference had been preceded by 
a number of preparatory meetings of the International Working Group 
on Marine Pollution which produced detailed outlines of marine 
pollution problems and the information that was needed to be gath-. 
ered. Draft proposals were submitted as to how to deal with these 
problems. The Stockholm Conference, however, concerned itself pri- 
marily with drafting, debating, and adopting a “Declaration on the 
Human Environment.” Sections 86 through 94 of this Declaration are 
concerned specifically with marine pollution (Appendix IV). Among 
the recommendations are that Governments with the assistance of the 
appropriate U.N. bodies such as the Joint Group of Experts on the. 
Scientific Aspects of Marine Pollution (GESAMP) accept and imple- 
ment controls on marine pollution; that Governments support marine 
reseaich, particularly the Global Investigation of Pollution on Marine 
Environment (GIPME) and the integrated Global Ocean Station 
System (IGOSS); that GESAMP evaluate the toxicity of potential 
marine pollutants and their sources and pathways in the marine 
environment; and that Governments support the 1973 Law of the 
Sea and the IMCO Marine Pollution Conferences. Perhaps the major 
achievement of the Stockholm Conference was the creation of a 
“World Environmental Body” to coordinate world studies in the 
field and an ‘‘Environmental Fund” made up of voluntary contribu- 
tions from governments to help finance international environmental 
activities. 

The U.N. Environmental Program (UNEP) is now over two years. 
old. ‘The budget of $5.5 million adopted for the 1973-1974 biennium 
provided only $0.6 million (11%) for environmental problems of the. 
ocean (71% of the earth’s surface). 


41 


Convention on Marine Pollution by Dumping of Wastes and Other 
Matter of 1972 

In June 1971 at a meeting of the International Working Group on 
Marine Pollution in London, the United States submitted a draft. 
convention for the regulation of ocean dumping intending to bring a 
revised international version before the Stockholm Conference in 
June 1972 for consideration and signing. However, this timetable 
could not be kept. A second preliminary meeting at Ottawa in Novem- 
ber 1971 developed a draft convention with input from several other 
nations, but there were further suggestions submitted for improve- 
ments leading to a third meeting in Reykjavik in April 1972. A draft 
Convention for the Prevention of Marine Pollution by Dumping was 
prepared, but again there were certain objections from delegates. 
Two provisions of the Reykjavik Draft are of particular note: (1) 
parties ‘“‘with common interests to protect in the marine environment 
in a given geographical area should endeavor to enter into agreements 
on a regional level;” * and (2) the parties “recognize that in accord- 
ance with the principles of international law, States bear responsi- 
bility for damage to the environment of other States or to areas 
beyond the limits of national jurisdiction caused by dumping and 
undertake to develop procedures for the assessment of liability and 
for the settlement of disputes.’’ *$ . 

Another meeting was held in London in May 1972, but agreement 
still could not be reached. The Stockholm Conference recognized the 
draft convention, but no official action was taken to adopt it. Finally, 
the United Kingdom issued invitations to convene in London in 
October 1972 to take action on the draft convention. Representatives 
of 92 nations assembled, and the text of the Convention was finally 
agreed to on November 13, 1972, and opened for signature on Decem- 
ber 29, 1972. 

The objective of the Convention is to establish in all states similar 
regulations controlling the disposal of wastes and other matter at sea. 
In Articles I and II, parties pledge to promote effective marine pollu- 
tion control and to act individually and collectively in regulating 
ocean dumping. Article IV prohibits the dumping of any materials 
listed in Annex I (Appendix V) which includes oil and highly radio- 
active and toxic materials. A second annex lists substances requiring 
special care for which permits are required. Parties are to designate an 
appropriate authority to issue permits and keep records of matter 
dumped. A third annex lists factors to be considered in issuing permits 
such as the characteristics and composition of the matter, character- 
istics of the dumping site and method of deposit, and certain other 
general considerations. Enforcement of dumping regulations is the 
responsibility of each Party. 

The regulation of ocean dumping offers at best the management of 
approximately 10 percent of the pollutants entering the world’s 
oceans. This fraction is a significant step, however, toward the goal of 
international management of the common global resource. 

47 Report of the Intergovernmental Meeting on Ocean Dumping, adopted at Reykjavik, Iceland, April 15, 


1972. Doe IMOD/4. art. 7. 
48 Toid., art. 10. 


45-670—75——_4. 


42 
International Convention for the Prevention of Pollution From Ships of 


Aware of the growing problems of marine pollution, the IMCO 
Assembly, in October 1971, resolved to achieve by 1975, or the end of 
the decade at the latest, complete elimination of the willful and in- 
tentional pollution of the sea by oil and other noxious substances and 
the minimization of accidental spills. To this end, an International 
Conference on Marine Pollution was scheduled to convene in London 
in October 1973. Two years of preliminary work culminated when the 
Conference adopted the International Convention for the Prevention 
of Pollution from Ships on November 2, 1973. 

Compared to the Oil Pollution Convention as amended, the regula- 
tions prescribed in the 1973 Convention cut the maximum permissible 
quantity of oil which may be discharged by new oil tankers from 
1/15,000 to 1/30,000 of the cargo-carrying capacity. Refined products 
and other liquid noxious substances are now included and all oil-carry- 
ing ships will be required to operate under the “‘load on top” system. 
Tankers constructed after December 31, 1975, must have segregated 
ballast tanks. Sewage and garbage disposal from ships is also regulated. 
The flag state is also required to prosecute all violations of its vessels 
wherever they occur. 

Concurrently, the eighth IMCO Assembly meeting in November 
1973 adopted the United States proposal to form a Marine Environ- 
mental Protection Committee (MEPC) and designated this committee 
as the appropriate IMCO body to deal with amendments to the new 
Convention. Table XVII is a comparison of the major features of 
International Conventions for the Prevention of Pollution from Ships. 
The text of the Convention including lists and pollution categories of 
oils and noxious liquid substances carried in bulk is given in Appendix 
VI. This Convention will enter into force twelve months after ratifica- 
tion by not less than fifteen states representing not less than fifty per- 
cent of the world’s shipping. 


Third U.N. Law of the Sea Conference 


The 25th U.N. General Assembly passed Resolution 2570 C to con- 
vene a Conference on the Law of the Sea beginning in 1973. The 
Committee on the Peaceful Uses of the Seabed and the Ocean Floor 
Beyond the Limits of National Jurisdiction was established to prepare 
the groundwork for the Conference. Ninety-one nations were repre- 
sented on this committee which held its sixth preparatory session 
in Geneva July 2nd to August 24th, 1973. This Committee divided 
its work among three subcommittees with preservation of the marine 
environment delegated to Subcommittee III. A working group 
within Subcommittee III was formed to draft articles regarding 
preservation of the marine environment and the prevention of 
marine pollution. These articles focused on the general obligation of 
states to preserve and protect the marine environment, to adopt 
measures to prevent pollution, and to prevent damage to the marine 
environment. 


43 


An organizational session of the Law of the Sea Conference was 
held in New York City in December 1973 to establish voting pro- 
cedures and elect Conference officials. Substantive work began as the 
Third United Nations Law of the Sea Conference convened in 
‘Caracas, Venezuela, for a 10-week session beginning June 20, 1974. 
The second substantive session of the Conference is being held in 
Geneva from 17 March to 10 May 1975. Over one hundred fifty nations 
are participating in the Third Conference, many of which did not exist 
when the First and Second Conferences were held in 1958 and 1960. 
The Third Law of the Sea Conference will be the most ambitious inter- 
national undertaking ever attempted for dealing with the problems 
of the marine environment. 


44 


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Vill. U.S. ACTIVITIES FOR CONTROLLING OCEAN 
POLLUTION 


The United States was early to recognize the potential danger of 
pollution of the marine environment. This nation was one of the first 
to. enact pollution control measures within its territorial waters in 
addition to actively promoting international cooperation in pollution 
control on the high seas. 


Rivers and Harbors Act of 1899 


Early Congressional interest in controlling the pollution of the 
Nation’s waters was concerned primarily with internal waters. One 
of the earliest pieces of legislation, which still stands as a landmark to 
pollution abatement in navigable waters, was the Rivers and Harbors 
Act of 1899 (Public Law 55-425). This Act states that ‘it shall not 
be lawful to throw, discharge, or deposit, or cause, suffer, or procure 
to be thrown, discharged, or deposited either from or out of any ship, 
barge, or other floating craft of any kind, or from the shore, wharf, 
manufacturing establishment, or mill of any kind, any refuse matter 
of any kind or description whatever other than that flowing from 
streets and sewers and passing therefrom in a liquid state, into any 
navigable water of the United States, or into any tributary of any 
navigable water from which the same shall float or be washed into 
such navigable water.’”’ Since much of the pollution found in the oceans. 
is brought there by the rivers and streams flowing out of the surround- 
ing land masses, this legislation, passed nearly three-quarters of a 
century ago, can be regarded as the first step toward U.S. legislative 
action to prevent ocean pollution. 


Ou Pollution Control Act of 1924 


Shortly following World War I, with the increased use and develop- 
ment of oil-fueled and oil-carrying ships, Congress enacted Public: 
Law 68-238. This law, titled the Oil Pollution Control Act of 1924, 
prohibited the willful discharge of oil into the coastal waters of the 
United States. Fines up to $2,500 and imprisonment up to one year 
were provided for persons guilty of this offense. Discharge was per- 
mitted under certain conditions provided it was deemed not dele-» 
terious to health, sea food, a menace to navigation, or dangerous to 
persons or property engaged in commerce on such waters. This Act 
was updated and strengthened by amendments in 1966 making the 
guilty party liable for the cost of cleaning up an oil discharge, and 
revising the fines to a maximum of $2, 500 per person and $10,000 
per vessel. 


Federal Water Pollution Control Act of 1961 


Water pollution control gained new impetus in 1948 when legisla- 
tive action targeted this as a primary national concern. The first, bill 
passed was Public Law 80-845 which provided measures for restoring: 


(47) 


+ 


48 


and preserving the Nation’s water resources. However, these provi- 
sions were restricted to interstate waters. Following extensions and 
amendments of this Act in 1952 and 1956, an amendment titled The 
Federal Water Pollution Control Act of 1961 (Public Law 87-88) 
extended pollution abatement procedures to all navigable waters 
including coastal waters. This Act provides grants to local communi- 
ties for sewage control and funds for research and development of 
pollution control and treatment. Enforcement of pollution control 
measures is left to the states, but provision is made for limited Federal 
enforcement in the case of pollution endangering the health or welfare 
of persons where the State has not taken action. 


Oil Pollution Control Act of 1961 


An additional major piece of environmental legislation passed in 
1961 was the. Oil Pollution Act (Public Law 87-167) which imple- 
mented the provisions of the International Convention for the Pre- 
vention of the Pollution of the Sea by Oil, 1954. The 1954 Oil Pollution 
Convention provided for signatory countries to enact enabling legis- 
lation in ratification of the Convention. Through the Oil Pollution 
Control Act, Congress provided specific penalties for noncompliance 
with the provisions of the Convention within U.S. jurisdiction. The 
United States became party to the Convention on December 8, 1961. 
In 1966, amendments to the 1961 Oil Pollution Control Act were 
enacted (Public Law 89-551) to implement amendments to the 1954 
Oil Pollution Convention adopted in London April 11, 1962 (The 
amendments to the Convention were discussed in the previous 
chapter). The 1966 Amendments to the Oil Pollution Control Act 
also provided penalties for violations occurring within the U.S. 
jusisdiction. 

Marine Resources and Engineering Development Act of 1966 


In June 1966, Congress passed the Marine Resources and Engi 
neering Development Act which became Public Law 89-454. This 
Act provided for a comprehensive, long-range, and coordinated 
national program in marine science, and established a National 
Council on Marine Resources and Engineering Development in the 
Executive Office of the President. In addition to the Council, a 
Commission on Marine Science, Engineering and Resources was 
formed to recommend an organizational structure suitable for fulfilling 
the aims of the national oceanographic program set forth in this 
Act. The duties of the Council were to assist and advise the President 
in surveying all marine science activities, develop a program in 
marine activities including exploitation and conservation of the 
resources of the marine environment, and to aid in coordinating marine 
activities of Federal agencies. For the purposes of this Act the term 
“marine environment” was defined to include the oceans, Continental 
Shelf of the United States, the Great Lakes, the seabed and subsoil 
of the submarine areas adjacent to the coasts of the United States 
to a depth of 200 meters or beyond to the limit of exploitation. 

This Act was amended in January 1968 (Public Law 90-242) to 
extend the lifetime of both the Council and Commission to allow 
additional time to complete their work. The Commission’s task was 
completed with the publication of its final report titled Our Nation 
and the Sea, which was submitted to Congress in January 1969. It was 


49 


the most comprehensive assessment of the goals and policies of the 
United States with regard to the marine environment and resources. 
that had been prepared to date. The report included over one hundred 
findings and recommendations for specific actions and recommended 
whether the actions should be legislative, administrative, interna- 
tional, national, state, or local. Rather than discussing pollution in 
coastal waters, estuaries, and the ocean, as a separate topic, the report 
examined these problems as they related to specific marine activities. 

The Marine Resources Act was further amended in May 1969 
(Public Law 91-15) and September 1970 (Public Law 91-414) to 
extend the expiration date of the Council pending the establishment 
of a permanent Federal ocean agency. The National Oceanic and 
Atmospheric Administration (NOAA) was finally established on 
October 3, 1970, as a dependent organization within the Department 
of Commerce. NOAA brought together nine related atmospheric and 
sea programs from five departments and agencies. ies 


Sea Grant and College Program Act of 1966 is 


The year 1966 was a year of legislative action dealing with marine 
environmental concerns. In October, the Sea Grant College and Pro-. 
eram Act (Public Law 89-688) was passed, providing much needed 
funding support in the marine sciences. The Act encompassed three 
main objectives, namely, research, training of manpower, and infor- 
mation transfer of new discoveries and technology to ocean related 
applications such as shipping, food and minerals from the sea, defense, 
extraction of drugs from the sea, transportation, recreation, weather 
prediction, and other activities. This Act later became incorporated 
as title II of the Marine Resources and Engineering Development 
Act. Administration of the Act was originally delegated to the National 
Science Foundation. Federal funds were provided on a two to one— 
basis; that is, the recipient must provide one-third of the total. While 
the main emphasis is on the ‘development of marine resources,” this 
is defined to include conservation and management of these resources 
and the social, legal, medical, and economic problems that might 
arise from their development, recovery and use. The marine environ- 
ment was again defined to include the oceans and the seabed and 
subsoil of the Continental Shelf of the United States to a depth of 
200 meters or beyond to the limits of exploitation. Other amendments 
to this Act have authorized continued appropriations. 


Clean Water Restoration Act of 1966 


Further amendments to the Federal Water Pollution Control Act 
were enacted in 1965 and 1966. The 1965 amendments (Public Law 
89-234) primarily provided for Federal administrative reorganiza- 
tion and grants for research, development, and construction of 
sewage treatment works. States were given the opportunity to estab- 
lish adequate water quality standards and enforcerhent procedures 
for their interstate waters. If a state did not take action by June 30, 
1967, the Federal government would establish standards. The 1966 
amendments, titled The Clean Water Restoration Act of 1966 (Public 
Law 89-753), extended the definition of coverage of the Act to 
specifically include rivers, coastal waters, sounds, estuaries, bays, and 
harbors. In addition, massive Federal support was authorized for 
erants for the construction of sewage treatment facilities. 


50 


National Environment Policy Act of 1969 

In January 1969, a blowout from an oil drilling platform in the 
Santa. Barbara Channel resulted in massive pollution of beaches and 
waterfront property, decreased recreational attractions along the 
coast, and destroyed much wildlife. This and other actions such as 
the Army’s disposal of obsolete toxic chemical munitions off the 
New Jersey and Florida coasts alarmed Congressional leaders and 
contributed to continuing legislative action expressing the concern 
of Congress for marine pollution and the deterioration of man’s 
environment. One result of this action was the National Environ- 
mental Policy Act of 1969 (Public Law 91-190). This Act established 
a national policy to encourage productive and enjoyable harmony 
between man and his environment, promote efforts to prevent and 
eliminate damage to the biosphere, stimulate the health and welfare 
of man, and enrich the understanding of ecological systems and 
natural resources important to the nation. In addition, the Act re- 
quired a statement to be prepared detailing the environmental impact 
of any proposed major Federal actions significantly affecting the 
quality of the human environment. A Council on Environmental 
‘Quality was created in the Executive Office of the President to review 
Federal programs and advise on matters covered under this broad 
mandate. An annual Environmental Quality Report is to be submitted 
by the President to Congress covering all aspects of the environment 
including air, marine, estuarine, fresh water, and terrestrial. 


Water Quality Improvement Act of 1970 


With the passage of the Water Quality Improvement Act of 1970 
(Public Law 91-224), major amendments were made in the Federal 
Water Pollution Control Act. These amendments dealt with oil pol- 
lution of our national waters from ships and facilities, both on-shore 
and off-shore, Federal permits and licenses, sewage pollution from 
vessels, and hazardous substances. Jurisdiction was extended into the 
contiguous zone which was defined as ‘‘the entire zone established or 
to be established by the United States under article 24 of the Conven- 
tion on the Territorial Sea and the Contiguous Zone.” *? An owner or 
operator guilty of violating this Act can be fined $10,000 and be liable 
for up to $14,000,000 in clean-up costs. In addition to oil, discharge 
of any substance deemed hazardous to health and welfare including 
fish, shellfish, wildlife, shorelines, and beaches is prohibited. Enforce- 
ment procedures of standards and regulations for marine pollution by 
sewage and garbage from vessels was also detailed. Title II of the 
Act, cited as the Environmental Quality Improvement Act of 1970, 
provided staff support for the Council of Environmental Quality to 
monitor Federal pollution control efforts. An Office of Environmental 
Quality was established in the Executive Office of the President. 
Federal Water Pollution Control Act Amendments of 1972 

After extensive hearings, during which testimony was received from 
more than 400 witnesses, Congress passed the Federal Water Pollution 
Control Act Amendments of 1972 (Public Law 92-500) setting as a 
goal the complete elimination of pollution from America’s waters by 
1985. Secondary treatment facilities are required for all municipal 


49 Public Law 91-224 sec. 11(a) (9). 


51 


wastes by mid-1977 and more advanced disposal methods by mid- 
1983. Grants for research, development and construction of treatment 
facilities are provided. Strict standards and regulations for industrial 
‘pollution are provided and are backed up by enforcement procedures 
and penalties including fines and imprisonment for violators. Permits 
and. guidelines are provided for any discharge into the territorial sea, 
the waters of the contiguous zone, or the oceans. The issuance of such 
permits are contingent on compliance with strict regulations pro- 
hibiting damage to the marine environment. This would include the 
effects of disposal or alternate ocean uses such as mineral exploitation 
-and scientific study on human health or welfare; marine life including 
bioconcentration and transfer of pollutants; esthetic, recreation, and 
‘economic values; and alternative means or locations of disposal. Presi- 
‘dent Nixon vetoed the measure because he considered its $24.6 billion 
authorization too high, but it was enacted into law over his veto by 
overwhelming margins in both Houses. 


Marine Protection, Research, and Sanctuaries Act of 1972 


The 92nd Congress was active in marine legislation. Prompted by 
U.S. Army disposal of explosives and toxic chemicals off the Atlantic 
coast, damage to beaches from industrial and municipal wastes, and the 
Santa Barbara offshore oil spill, several bills were introduced to 
regulate ocean waste disposal and control marine pollution. Further- 
more, a study undertaken by the Council on Environmental Quality 
revealed that there were over 246 dumping sites off the coasts of the 
United States. Marine life in these areas suffered from habitat loss, 
toxic poisoning, oxygen depletion, shock, diseases, and biostimulation 
(accelerated plant growth). 

Two Administration-backed bills were introduced, H.R. 4723 and 
S. 1238. In the House, joint hearings were held by the Subcommittee on 
Oceanography and the Subcommittee on Fisheries and Wildlife 
Conservation of the House Committee on Merchant Marine and 
Fisheries. Finally, a clean bill, H.R. 9727, which was essentially H.R. 
4723 amended, was reported out. 

In the Senate, hearings were held by the Subcommittee on Air and 
Water Pollution of the Committee on Public Works and the Sub- 
committee on Oceans and Atmosphere of the Senate Committee on 
Commerce. This latter Subcommittee also held an ‘International 
Conference on Ocean Pollution.”? On August 4, 1971, the Subcom-- 
mittee on Oceans and Atmosphere ordered H.R. 9727, the companion 
bill to S. 1238, to be reported to the full Committee on Commerce. 
With acceptance of several amendments of a technical nature, H.R. 
9727 was passed by the Senate on November 24, 1971. 

A Conference Committee was appointed to settle the differences 
between the House and Senate versions of H.R. 9727. Conferees 
appointed from the Senate included Senators Magnuson, Hollings, 
Hart, and Stevens, all members of the Senate Committee on Com- 
merce. The issues which absorbed most of the conference time con- 
cerned permits for discharge of dredge spoil into the oceans, the 
geographical coverage of the bill, and the question of marine sanc- 
tuaries. It was decided that the Corps of Engineers would retain 
authority to issue permits for the disposal of dredge material, subject 
to a veto from the Environmental Protection Agency. Senator Holl- 


52 


ings regarded this compromise as essentially favorable to the Senate 
position since the Environmental Protection Agency would prevail 
in the event of disagreement. On the other issues, the Senate yielded 
to the House. The House favored control of discharges into all ocean 
waters arid the Senate covered only those discharges three miles from, 
the coast and beyond. On the question of marine sanctuaries, Title 
III was restored as described below. 

The Marine Protection, Research, and Sanctuaries Act of 1972 
(Public Law 92-532) was passed on October 23, 1972. This Act regu- 
lates all ocean dumping by U.S. nationals and “the transportation of 
material from the United States for dumping into ocean waters, and 
the dumping of material, transported from outside the United States, 
if the dumping occurs in ocean waters over which the United States 
has jurisdiction or over which it may exercise control, under accepted 
principles of international law, in order to protect its territory or terri- 
torial sea.” °° Any type of materials that adversely affects human 
health, welfare, or amenities, or the marine environment, ecological 
systems or economic potentialities is regulated by this Act. Radiolog- 
ical, chemical or biological warfare agents and high-level radioactive 
wastes are specifically mentioned. Penalties and fines up to $50,000 
are prescribed for violations. Funds for comprehensive research on 
ocean dumping were authorized to be appropriated for 3 years. Title 
III authorized the establishment of marine sanctuaries as far seaward 
as the edge of the Continental Shelf for the purpose of preserving or 
restoring such areas fdr their conservation, 1ecreation, ecological, or 
esthetic values. 

Amendments to this Act were adopted on March 22, 1974 (P.L. 
93-254) to implement the provisions of the Convention on the Pre- 
vention of Marine Pollution by Dumping of Wastes and Other Matter 
pursuant to the policy of Congress that the President seek effective 
international action in this area. These amendments were embodied in 
S. 1351 introduced by Senator Warren G. Magnuson and H.R. 5450 
the companion bill introduced by Congresswoman Leonor K. Sullivan. 


Coastal Zone Management Act of 1972 


Congressional interest in the coastal zone was aroused after the 
publication of the report entitled Our Nation and the Sea by the 
Commission on Marine Science, Engineering and Resources in 
January 1969. The report recommended, among other things, ‘‘that a 
Coastal Management Act be enacted which will provide policy 
objectives for the coastal zone and authorize Federal grants-in-aid to 
facilitate the establishment of State Coastal Zone Authorities em- 
powered to manage the coastal waters and adjacent land.” * 

Legislation on coastal zone management was introduced in both 
Houses in the 91st Congress. The forerunner of legislation enacted in 
the 92nd Congress, S. 2802, was introduced late in the first session of 
the 91st Congress by Senator Warren G. Magnuson. Later, an ad- 
ministration-backed bill, S. 3183, was introduced, based on recom- 
mendations made in another report, The National Estuarine Pollution 
Study.” This study was undertaken by the Department of the In- 

50 Public Law 92-532 sec. 2. , 

51 Our Nation and the Sea. Report of the Commission on Marine Science, Engineering and Resources. 
January 1969. Washington: U.S. Government Printing Office, 1969. p. 57. 

52 U.S. Congress. The National Estuarine Pollution Study. Report of the Interior to the United States 


Congress Pursuant to P.L. 89-753, The Clean Water Restoration Act of 1966. 91st Congress, 2nd session 
Document No. 91-58. March 25, 1970. Washington: U.S. Government Printing Oifice, 1970. 633 p. 


53 


terior, pursuant to P.L. 89-753, to conduct an inventory and study of 
the Nation’s estuaries and their natural resources. The Senate Sub- 
committee on Oceanography held several days of hearings on these 
bills in the spring of 1970, and favorably reported S. 3183 to the 
Senate Commerce Committee after amending it to include concepts 
from Our Nation and the Sea and the National Estuarine Pollution 
Study. However, Congress adjourned before further action was taken 
on the bill. 

In the 92d Congress, Senator Ernest F. Hollings introduced S. 582 
which was the bill approved by the Senate Subcommittee on Oceans 
and Atmosphere (formerly the Subcommittee on Oceanography) 
during the previous Congress. Hearings were held on several related 
bills in May 1971, and S. 582 was reported out on December 1, 1971. 
Hlowever, several objections were raised, and Senator Hollings re- 
committed the bill to the Commerce Committee for amendments. 
Subsequently, a clean bill, S. 3507, was reported on April 11, 1972, 
which was passed unanimously by the Senate after approval of several 
floor amendments. 

On the House side, hearings were held on three similar bills by the 
Committee on Merchant Marine and Fisheries, Subcommittee on 
Oceanography. Eventually, a clean bill, H.R. 14146, was reported out 
by the Goines on May. 5, 1972. On the floor of the House contro- 
versy centered around the agency’ designated to have administrative 
jurisdiction, the Department of the Interior or the Department. of 
Commerce (through the National Oceanic. and Atmospheric 
Administration, NOAA). Agreement was finally reached placing 
jurisdiction in the Department of the Interior. 

The conference report reflected several compromises. The Senate 
Conferees succeeded in retaining administrative jurisdiction of the 
coastal zone program in NOAA under the Secretary of Commerce, 
but the Secretary of the Interior must first concur on any land-use 
elements. S. 3507 was signed into law on October 27, 1972 (Public 
Law 92-583). . 

Briefly, the Coastal Zone Management Act declares that the land 
and water resources of the coastal zone should be preserved, protected, 
responsibly developed, and restored where possible. The Secretary of 
Commerce is given authority to provide planning and administrative 
grants to encourage state and local governments to establish coastal 
management programs. All Federal agencies engaged in programs 
affecting the coastal zones are required to cooperate and participate 
with state and local governments in implementing management 
programs. The Secretary of Commerce is further authorized to create 
a Coastal Zone Management Advisory Committee to assist him on 
policy matters relating to the coastal zone. Within the Department of 
Commerce, the National Oceanic and Atmospheric Administration 
has administrative authority over the program. 


Ow Pollution Act Amendments of 1973 


In 1969 and 1971, the IMCO assembly adopted further amend- 
ments to the 1954 Oil Pollution Convention. These amendments 
tightened existing controls and regulated tanker compartment size 
and construction. In order to implement these amendments, Senator 
Warren G. Magnuson introduced S. 1067 on March 1, 1973. On 
June 12, 13, and 28, 1973, extensive hearings on ocean pollution were 


54 


held before the Committee on Commerce, Subcommittee on Oceans: 
and Atmosphere pursuant to this bill and two others introduced by 
Senator Magnuson also related to International Conventions on 
ocean pollution.* These hearings pointed out the growing concern 
regarding the worldwide effects of marine pollution. 

On the House side, Congresswoman Leonor K. Sullivan introduced 
a companion bill, H.R. 5451, on March 8, 1973. On May 8, 1973 this. 
bill passed the House amended and was referred to the Senate 
Committee on Commerce. Senator Warren G. Magnuson reported the 
House bill to the Senate without amendment on September 21, 1973, 
and it was subsequently signed into law on October 4, 1973 (Public 
Law 93-119). The Oil Pollution Act Amendments of 1973 established 
as United States law the provisions of the IMCO amendments 
described in the previous chapter, 


Intervention on the High Seas Act of 1974 

In order to implement the International Convention Relating to. 
Intervention on the High Seas in Cases of Oil Pollution Casualties 
of 1969, Senator Warren G. Magnuson introduced 8S. 1070 on 
March 1, 1973. This measure was reported to the Senate on Novem- 
ber 2, 1973, and passed. the Senate on November 5th. Following sub-- 
sequent deliberation in the House, Congress enacted the Intervention 
on the High Seas Act (Public Law 93-248), signed into law on 
February 5, 1974. This Act closely follows the measures prescribed 
in the Convention and establishes liabilities and penalties for violating: 
the provisions of the Act. 


Proposed Act Concerning Compensation for Oil Pollution Damage 

The case for establishing clear lability and providing compensation 
to innocent parties suffermmg damage from an oil spill was dramatized 
following the Santa Barbara Channel blowout and the Torrey Canyon 
disaster. These widely publicized mishaps focused much attention 
on the massive cleanup efforts and attempts to control the oil spills. 
These efforts cost millions of dollars and, in the case of the Torrey 
Canyon, suggested the benefits of international agreements on assign- 
ing lability and compensation. 

S. 841, troduced by Senator Ernest F. Hollings on February 8, 
1973, was designed to incorporate into national law the provisions of 
two international Conventions concluded at IMCO assemblies in 1969 
and 1971. This enabling legislation was referred to the Senate Com- 
mittee on Foreign Relations for consideration in conjunction with the 
Executive Communications describing the Conventions. The Inter- 
national Convention on Civil Liability for Oil Pollution Damage was 
reported out of the Senate Foreign Relations Committee, but action 
on the International Convention on the Establishment of an Inter- 
national Fund for Compensation for Oil Pollution Damage was post- 
poned pending enactment of proposed amendments to S. 841. These 
amendments would raise the liability limits of the Fund from the maxi- 
mum of $32,400,000 set by the International Convention up to a maxi- 
imum of $100,000,000 by contributions levied on receivers of oil 
imported into the United States. These contributions would be based 
on a fixed sum per ton of oil and adjusted as needed from time to time. 

53 U.S. Congress. Senate. Committee on Commerce. Subcommittee on Oceans and Atmosphere. Ocean; 2 


Pollution. Hearings, 93rd Cong., Ist sess., on S. 1067, S. 1070 (and) S. 1851. June 12-18, 28, 1973. Washington. 
U.S. Govt. Print. Off., 1974. 398 p. “Serial no. 93-46.”’ 


59 


On the House side, the provisions of both conventions were em- 
bodied in H.R. 4394 referred to the Committee on F oreign Affairs. 
Title I of this bill implemented the Liability Convention and Title IT 
implemented the Compensation Fund. Title III covered procedures for 
subrogation and apportionment of claims where applicable limits may 
be exceeded. It also impowered District Courts to provide for the dis- 
tribution of monies in such cases. Both Conventions were described 
in the preceeding chapter. Final action was not taken on either bill by 
the 93d Congress, and these measures will be reintroduced into the 
94th Congress. 


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TX. TECHNOLOGY FOR ABATING OCEAN POLLUTION 


The sources and types of marine pollutants have been mentioned, 
‘and institutional proceedings have been documented. Legislation 
directed at limiting or preventing marine pollution has been enacted. 
Other measures are continually being drafted as legislators determine 
and evaluate their necessity. Prevention of pollution, where possible, 
is preferable to clean up and control; however, it is recognized that 
unavoidable or deliberate marine pollution is a continuing problem 
that must be met. Often this requires development of specialized 
technology. Research for dealing with ocean pollution is progressing 
along three lines: prevention of ‘willful chronic discharge, prevention 
-of accidental pollution, and pollution cleanup. 


Prevention of Chronic Discharge 

Control of ocean pollution is not entirely a matter of legislating 
and enforcing restrictions to prevent willful discharge of pollutants. 
Jn some cases, willful discharge results from inability to deal with a 
pollutant in a more responsible manner. This inability may be derived 
‘from the lack of technical development to provide any alternative 
“means of disposal or ‘recovery. For example, oil-water separation equip- 
‘ment on offshore oil production platforms must be capable of separa- 
tions to 50 ppm oil in water in order to prevent discharges of unaccep- 
table amounts of oil. Technology has been developed to accomplish 
‘this. Improved technology for more efficient conversion of thermal 
-enerey to electricity has and can continue to cut down on thermal 
pollution from power plants. Improved technology in treating and 
-developing new uses for municipal wastes has helped decrease the 
preblems of municipal waste disposal which, if widely adopted, will 
-eventually lead to less municipal waste pollution of the oceans. One 
‘such development is the use of garbage for fuel to heat and cool build- 
ings. Sewage treatment facilities are also beg expanded and ad- 
vanced treatment methods initiated. Sewage sludge can also be used 
-directly as a fuel or converted to synthetic natural gas. The use of 
sewage as fertilizer for marine aquaculture has also been proposed.” 
Various solid debris have been used to construct artificial reeds for use 
as fish habitats. One technique for removing heavy metals from 
waste solutions is by precipitation as sulfides, insoluble sulfates or 
-carbonates. Concentrations of heavy metals can be reduced to a 
trace by these methods before the metals are discharged into the 
“marine environment. 

Other methods of prevention of ocean sell fom involve the dis- 
continuance of use of hazardous substances. For example, mercury 
-is no longer used as a slimicide in pulp and paper manufacture. The 
cuse of DDT is severely restricted in the United States in recognition 


“254 Los Angeles Times. April 28, 1974. p. 1 and 14. 
~ 55 Waldichuk, M. Coastal marine pollution and fish. Ocean Management, v. 2, March, 1974: 1-60. 


(57) 


-45-670—7T5——5 


58 


of its biological persistence. The addition of lead to gasoline is being 
reduced, and its use in paints is being discontinued. The recognition 
and discontinued or restricted use of other hazardous substances will 
further help abate ocean pollution. 


Prevention of Accidental Pollution 


Technology is also advancing in the area of pollution prevention 
from accidental causes. Significant improvements in offshore drilling 
technology and blowout prevention have been made since the Santa 
Barbara blowout in 1969. Drilling in the stormy weather of the North 
Sea has presented a challenge that technology has, in general, been able 
to meet. While there have been losses of drilling rigs, these have been 
reduced with equipment improvements and pollution has been mini- 
mal. Development of offshore single bouy mooring systems may help. 
prevent tanker groundings and reduce the possibilities of a major 
spill. 

Pollution Control and Containment 


For most of the specific marine pollutants mentioned in this report,. 
there are currently no means of removal once they have been intro- 
duced into the marine environment. For example, it would be highly 
impractical to attempt to remove chlorinated hydrocarbons when they 
are present in low concentrations even if a physical or chemical method 
were available. Even a spill of these materials producing a locally high 
concentration would be essentially impossible to recover or contain, 
and dispersion would be rapid. Heavy metals in solution present much 
the same problem and currently are not recoverable when dispersed 
in low concentrations in the marine environment. Concentrations 
would have to be much higher than are necessary to produce harmful 
toxic effects on the marine ecosystem before recovery of the metal 
ions would be possible. 

Petroleum is one of the few marine pollutants that is possible to 
contain or control in part if action is taken promptly after the spill 
occurs. This is mainly because oil floats and does not become imme- 
diately dispersed into the marine environment. Since oil spills are a 
fairly frequent occurrence, occasionly are of very large size, and 
represent a real threat to coastal areas, extensive research has gone 
into oil spill control. Most of the research has involved combating oil 
spills by variations on one or more of the following basic techniques: 

(1) mechanical containment—booms and air-bubble barriers are 
generally less useful in rough seas or the open ocean although a major 
research effort by the U.S. Coast Guard has resulted in an open ocean. 
barrier system capable of being easily transported by air and dropped 
where needed within four hours after notification of a spill incident. 
The system is designed to be effective in 5-foot seas, 20 mile per hour 
winds, and currents‘up to 1 knot and can survive 10-foot seas with 
40 mile per hour winds. 

(2) physical sinking methods—sinking agents have been developed 
and were used with some success in the Torrey Canyon disaster; how- 
ever the effect of sunken oil on the ecology of benthic communities on 
the ocean floor appears to be deleterious although it is not well under- 
stood. 


59 


(3) chemical dispersion—the most extensively used technique 
especially for open ocean spills although many chemical dispersants 
are also toxic to marine life. Ongoing research has produced nontoxic 
dispersants. 

(4) physical absorption—dispersal over the spill of inexpensive 
absorption materials such as processed garbage or waste paper fiber 
are promising methods. Additional effort must be expended to collect 
the oil-soaked material, but once this is accomplished the oil also 
can be recovered. 

(5) combustion—this method is generally only successful immedi- 
ately after the spill occurs when the more volatile components are 
still present. In some cases combustion may not be desired if a well is 
to be recovered and sealed or a ship salvaged. Problems in sustaining 
combustion are under research. 

(6) oil skimmers—these methods allow recovery of the oil but are 
generally limited to conditions of relatively calm water. Several 
varieties of oil skimmers have been developed. 

(7) biological degradation—seeding an oil spill with special bacterial 
cultures that feed on petroleum hydrocarbons is still in experimental 
stages. 


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xX. OVERVIEW 


More than two-thirds of the surface of the globe is covered by water. 
Most of the nations of the world border on the ocean. Control of 
pollution of the global ocean is a common international problem 
inextricably intertwined with the principles of international law. 
International marine law is not unequivocally formulated but is 
continually evolving. The activities and legislative concerns previously 
described have contributed greatly to the general principles accepted 
by the coastal states. These principles form the basis of the discussions 
and proposals now being prepared for the forthcoming Third Law of 
the Sea Conference. The outcome of these discussions may well deter- 
mine the controls and regulations for the future utilization of the 
oceans’ resources. It can be strongly argued that for the best interests 
of the United States and the world community to be served, a thorough 
policy study should be made of the utilization of the oceans resources. 

On December 19, 1973, Senate Resolution 222 was introduced by 
Senator Warren G. Magnuson and cosponsored by 61 other Senators 
and was adopted on February 19, 1974. The purpose of this resolution 
was to provide for an ocean policy study to (1) determine current and 
prospective national capabilities in the oceans consistent with long- 
range national goals, (2) determine the adequacy of current Federal 
ocean-related programs to meet national needs,’ (3) establish policies 
for the management and full utilization of all ocean resources, coastal 
zone management, and protection of the global ocean environment, 
and (4) assess proposals for national and international jurisdiction 
over the oceans. This study comes at a time when the need is pressing 
for national and international understanding of the effects of man’s 
activities on the marine environment. The international community 
is already aware of the necessity of taking positive action to control 
marine pollution, an awareness frequently tempered by economic, 
social, military, and other considerations. At the Stockholm Con- 
ference on the Human Environment, the ‘“‘common conviction” was 
stated that “States shall take all possible steps to prevent pollution 
of the seas by substances that are liable to create hazards to human 
health, to harm living resources and marine life, to damage amenities 
or to interfere with other legitimate uses of the sea,” and further, that 
“States shall ensure that international organization plays a co-ordinated 
efficient and dynamic role for the protection and improvement of the 
environment.” Both the Stockholm Conference and the IMCO 
Assembly have stressed the urgency of ending intentional pollution 
from vessels by the middle of the present decade. 

Any control programs to abate marine pollution by legislative action 
will require a considerable amount of scientific backing to justify the 
costs and to achieve the desired results. However, despite the best 
scientific research that can be carried out, there must be an effective 
mechanism for enforcement of any legislation that may be produced 


(61) 


62 


whether national or international. It is hoped that the Law of the Sea 
Conference will achieve the necessary mechanisms for pollution 
control. According to Dr. Michael Waldichuk, past chairman of 
GESAMP, “There is no question that the freedom of the seas for many 
of the activities that have been conducted without control for centuries 
will be considerably curtailed.” * 

Advances in controlling marine pollution globally are most likely to 
proceed through the following types of development: 

(1) International conventions, with clearly-defined powers, for 
controlling dumping at sea, ships, exploitation activities on the sea-bed 
and in the subsoil, continental runoff, atmospheric emissions, effluent 
discharges by pipeline, and other shore-based activities. Agreements 
for controlling such pollution sources can arise from (a) the 1972 
Convention on the Prevention of Marine Pollution by Dumping of 
Wastes and Other Matter, (b) the 1973 IMCO Conference on Marine 
Pollution, and (c) the Third Law of the Sea Conference. 

(2) Research and monitoring activities on marine pollution by many 
nations (a) coordinated by the IOC’s International Coordination 
Group on the Global Investigation of Pollution in the Marine Environ- 
ment and (b) conducted through the Mechanism of (i) the IOC/WMO 
Integrated Global Ocean Station System, and possibly (i) the 
Global Atmospheric Research Program. Regional programs, such as 
those of ICES, can beneficially be included in any global network. 

(3) Scientific review for the adequacy of research and monitoring 
programs by GESAMP and the advisory bodies of IOC, 1.e., SCOR, 
ACMRR, ECOR, and ACOMR. 

(4) United Nations Environmental Program financial support of 
national marine pollution research and monitoring programs by 
Member State funding agencies, and of international programs, con- 
ducted by U.N. agencies and by approved national teams. 

(5) Collaboration of developed and developing nations at all levels 
of marine pollution research, monitoring and control to bring about 
an effective system of environmental management.” 


APPENDIX I 


HARMFUL SUBSTANCES IN THE SEA 


The following Table is reproduced from the Report of the Fifth Session of the 
Joint Group of Experts on the Scientific Aspects of Marine Pollution (GHESAMP), 
which was held in Vienna from 18—23 June, 1973. The Report was published in 
October 1973, and contains views by experts acting in their individual capacities 
which may not necessarily correspond with the views of the Sponsoring Agencies 
(IMCO, FAO, UNESCO, WMO, WHO, IAEA and UN) of GESAMP. 


56 Waldichuk, M. International approach to the marine pollution problem. Ocean Management, v. 1, . 
Nov. 1973: 211-261. 
5 Ibid., p. 248-249. 


63 


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65 


APPENDIX II 


SELECTED INTERNATIONAL ORGANIZATIONS AND CONFERENCES DEALING WITH MARINE POLLUTION 


Organization and/or conference 


1G Working Group on Marine Pollu- 


ion. 

Joint Group of Experts on Scientific 
Aspects of Marine Pollution 
(GESAMP). 


International Coordination Group (CG) 
for the Global Investigation of Pollu- 
tion in the Marine Environment 
(GIPME). 

Integrated Global Ocean Station System 
(IGOSS). 


Commission on Monitoring. ._.______- 


ACMRR/ACOMR/ECOR/ICES/SCOR 
Working Group on Marine Pollution 
Research (SCOR Working Group 45). 


ACMRR/IABO Working Party on Bio- 
logical Effects of Pollutants. 


ACMRR/IABO—Working Party on Eco- 
logical Indices for Measuring the 
State of Living Resources as Affected 
by Environmental Stresses. 

WHO Group on Sublethal Effects of 
Pollutants on Marine Organisms. 


International Biological Program— 
Marine Productivity (1BP/PM). 


Man and the Biosphere (MAB) Pro- 
gram. 


International Decade of Ocean Ex- 
ploration (1DOE). 


International Council for the Explora- 
tion of the Sea (ICES). 


Cooperative Investigation of the Med- 
iterranean (CIM). 


Global Atmospheric Research Program 
(GARP). 


International Association on Water Pol- 
lution Research (IAWPR). 


Sponsoring international agencies 


and/or other bodies Remarks 


OS KCUINESCO) Bese ee Met only once in August 1967, then dis- 


banded. 
IMCO/FAO/UNESCO/WMO/WHO/IAEA Met for Ist time March 1969 and annually 
JU.N. since to review marine pollution 
problems of international significance 
on an interdisciplinary basis. 
Met for lst time in April 1973 to coordinate 
globally marine pollution investigations 
under 10C’s LEPOR program. 


[OCKQUNESCO) 22 eee 


10C (UNESCO) WMO Propesal for a pilot oil pollution monitor- 
ing project made in 1973 at the 3d 
session of the Group of Experts on 
Oceanographic Research as it Relates 
to 1GOSS (RES). 

Prepared a report on global environmental 
monitoring for the U.N. Conference on 
the Human Environment, Stockholm, 
June 1972. 

ACMRR/ACOMR/ECOR/ICES/SCOR___ Met for the 1st time in London on March 
30, 1973, to develop terms of reference 
and a plan of activities. Advises the 
ICG for GIPME on Marine Pollution 
research. 

Organized in 1973 to undertake reviews of 
bioassays and other aspecis of biological 
effecis of marine pollution. 

Designated by parent bodies (FAO) and 
other affiliated groups (ICG for GIPME, 
SCOR) for this function in 1973. 


ICSU/SCOPE 


ACMRR/IABO 


ACMRRITAB Otu 2 ears eens 


Proposed in 1972 to examine long-term 
effects on aquatic organisms of the same 
suite of pollutants to which man may be 
exposed. Study on flounders in Oslo 

: : : Fjord is one of first such investigations. 

Coordinated by an international IBP Organized as a 5-year program, 1565-70, 
committee. Supported by national but was extended in some cases to 1974. 
science funding agencies, such as Perturbation of the marine environment 
National Science Foundation in by activities of man were considefed in 
the United States and the National some of the studies of this program. 
Research Council in Canada. 

UNESCO coordination; supported by Only peripheral interest in the marine en- 
national science funding agencies. vironment, i.e., estuaries and coastal 

zones, 

10C (UNESCO). Funded by national A program spearheading national U.S. 


science funding agencies such as activities in marine environmental 

NSF's office of IDOE in the United studies. 

States. f 
Nembemstatesesocecse meas eee Highly effective organization, started in 


1901, to deal mainly with hydrography 
and fisheries in the North Sea, Baltic 
Sea, and Northeast Atlantic. Now mem- 
bership extended to United States and 
Canada and area of interest may cover 
whole North Atlantic. d 
Coordinated by the Joint lIOC/ICSEM/ Pollution interests are only peripheral. 

GFCM Group for Technical Coordi- Emphasis is on oceanography and re- 

nation of CIM. newable aquatic resources. 

WMO/ICSU Organizing Committee.. Transport of pollutants through the at- 
mosphere and transfer to the sea will 
probably be part of the GARP Atlantic 
Tropical Experiment (GATE) as well as 
other GARP. exercises. 

Organized and coordinated by an Ist International Conference on Water 
international governing body. Poliution Research, held in London, 
England, during 1962. Conferences held 
every 2 years with the 7th conference 
scheduled for Paris, France, in Septem- 
ber 1974. Proceedings cf conferences 
published in series ‘‘Advances in Water 
Pollution Research,’ [AWPR also pub= 
lishes “‘Water Research,’’ an_ inter- 
national journal covering the field of 
water pollution research. Marine pol- 
lution research is 1 of 3 main interests. 


66 


SELECTED INTERNATIONAL ORGANIZATIONS AND CONFERENCES DEALING WITH MARINE POLLUTION—Con. 


Sponsoring international agencies 


Organization and/or conference and/or other bodies Remarks 

UN. \Conference) ani the )HumanhiUIN 2222-221 2... eee len a Adopted 26 principles and 109 recommen- 
Environment, Stockholm, Sweden, dations for environmental action. 

June 5-16, 1972. 

Intergovernmental Conference on the Participating states__....__.______- Convention adopted on Nov. 13, 1972. 
Convention on the Dumping of Instruments of ratification deposited 
Wastes at Sea, London, England, with United Kingdom Government until 
Oct. 30-Nov. 10, 1972. other arrangements formulated. 

International Conference on Marine IMCO________-.__________________ New convention to be negotiated on con- 
Pollution, London, England, Oct. 8- trol of pollution by oil and other noxious 
Nov. 2, 1973. substances from ships, including ship- 

generated garbage and sewage. 
international. Law. of the Sea Confer- U.N_._..__.____......~_._...__. | New conventions to be negotiated on: 
ence, Santiago, Chile, April-May Territorial seas; fishing zones; pollu- 
974. tion control’ and exploration and es- 


ploitation of the seabed and ocean floor 
beyond the limits of national jurisdic- 


tion. 
United Nations Environment Program Member states provide contributions Funds are already being allocated for en- 
(UNEP). to the Environmental Fund. Ad- vironmental projects proposed by U.N. 


ministered by the U.N. Environ- agencies, fulfilling components of the 
mental Secretariat under the action plan. 
Governing Council. 


Adopted from: Waldichuk, op. cit. p 240-243. 


APpPpENDIx III 
INTERNATIONAL CONVENTIONS AND OTHER AGREEMENTS FOR CONTROL OF MARINE POLLUTION 


Conventions, treaties, protocols, 


reguiations and standards Pollutant Responsible body Remarks 

International Convention forthe Oil__..-....-..---_______- United Kingdom until es- Ratified and in force 1958. 
Prevention of Pollution of tablishment of IMCO in 
the Sea by Oil, 1954. 1958. 

Amendments to the Interna- ____. doft 2 ohana heist FMCGORPRa ogg rte alt Ratified and in force 1967. 


tional Convention for the 
Prevention of Pollution of the 
Se¥ by Oil, 1962. 
Amendments to the Interna- ____- do___Jangelad edly fae INIC ORE eM otc Signed but not yet enforced. 
tional Convention for the 
Prevention of Pollution of the 
Sea by Oil, 1969. 
International Convention Relat- ____- My ea eerie Fe ee LIVE © et es iF seer Do. 
ing to Intervention on the 
High Seas in Cases of Oil 
Pollution Casualties, 1969. 
International Convention on ___-- ci [eee tS IMCO) 2 taietee. 2 Do. 
Civil Liability for Oil Pollu- 
tion Damage, 1969. 
International Convention on the _____ RG cece feds 258 pe INGOs 22 see 3 ae eee Do. 
Establishment of an Interna- 
tional Fund for Compensation 
hs Pollution Damage, 
Convention on the International Oil and other substances___ IMCO____________________ Not yet enforced. 
Regulations for Preventing 
Collisions at Sea, 1972. 1 
Protocol Relating to Interven- Other substances than oil._. IMCO_____.___-___________ In preparation. 
tion on the High Seas in Cases 
of Marine Pollution by Sub- 
stances Other Than Oil. 


Convention on the Territorial Various__._._..._.___-___ USN 28 2. Re SO arse ee Signed and ratified, 1964. 
ee and Contiguous Zone, 

Convention on the High Seas, Oil; wastes from explora- U.N__.--__.._-__-___-___-- Signed and ratified, 1962. 
1958. tion and exploitation of 


the seabed and its sub- 
soil; and _ radioactive 


wastes. 
an gn the Continental Any harmful agents.__.... U.N____-._-_-_--2.-_____ Signed and ratified, 1964. 
elf, 1958. 
Convention on Fishing and Con- All deleterious substances... U.N_._..--.-__-_--__-__- Signed but not in force. 


servation of the Living Re- 
ye of the High Seas, 


67 
INTERNATIONAL CONVENTIONS AND OTHER AGREEMENTS FOR CONTROL OF MARINE POLLUTION—Continued 


Conventions, treaties, protocols, } 
reguiations and standards Pollutant Responsible body Remarks 


‘Convention on Third Party Lia- Radioactive materials______ UNG TABAR ES Ser nec Net Ratified. 
bility in the Field of Nuclear ’ 
Energy, 1960. 


Convention on the Liability of _____ (so APRS 2 ue UO re U.N., [AEA, IMCO___-____- Signed but not yet in force. 
Doe iatars of Nuclear Ships, 
Treaty Banning Nuclear Weap- _____ (a [eel igs 65 Sat Sea UNE STA Aides sities srr Ratified and in force, 1964. 


ons Tests in the Atmosphere, 
in Outer Space and Under- 


water, 1963. 

Treaty on the Prohibition of the _____ Owe Cs megebte ee ore USNS SIAR AR SR eae Signed. Prohibits emplace- 
Emplacement of Nuclear ment of such weapons in 
Weapons, and other Weapons waters beyond 12 miles 
of Mass Destruction on the from shore. In force 1972. 


Seabed and Ocean Floor and 
on the Subsoil Thereof, 1971. 


‘Regulations for the Safe Trans- _____ domi ul eas are PABA Sisk Biovail rere Adopted. 

port of Radioactive Materials. 
[Daye A TA ES UU ek de ee a (a0) 0 IMG Bae ae eee UAE AVES hae take Mead Do. 

Basic Safety Standards for Ra- _--__ OAs CARE TS RON PABA TSEC Uae a nL ke Do. 
diation Protection. 

‘Standardization of Radioactive ____- LO AU ALY ele mehao. [AE At Ae a2 Sy ena Be gals Do. 
Waste Categories. 

‘Regulations for the Safe Trans- _____ ORES 2A LER Out Ue Bs AUN Aus hat SR I SE Do. 


port of Radioactive Materials. 
‘Convention for the Prevention All wastes and other sub- Instruments placed with Signed; known as the ‘‘Oslo 


of Marine Pollution by Dump- stances dumped at sea. Norwegian Government. Convention.’’ Involves 
ing from Ships and Aircraft. counties of Northwestern 
urope. 
‘Convention for the Prevention All wastes and other matter Instruments placed with Signed but not ratified. 
of Marine Pollution by Dump- dumped at sea. Government of Great 
ing of Wastes and Other Britain and Northern 
Matter. Ireland inter alia. 


Adopted from: Waldichuk, op. cit. p. 226-227. 
AppENDIx IV 


RECOMMENDATIONS OF THE UN CONFERENCE ON THE HUMAN ENVIRONMENT, 
STOCKHOLM, SwEDEN, 5-16 June 1972 (UNGA, MS, 1972), RELEVANT TO 
THE GLOBAL POLLUTION PROBLEM 


“70. It 1s recommended that Governments be mindful of activities in which there 
is an appreciable risk of effects on climate, and to this end: 

(a) Carefully evaluate the likelihood and magnitude of climatic effects and 
disseminate their findings to the maximum extent feasible before embarking on 
such activities; 

(b) Consult fully other interested States when activities carrying a risk of such 
effects are being contemplated or implemented. 

71. It 1s recommended that Governments use the best practicable means available 
to minimize the release to the environment of toxic or dangerous substances, 
especially if they are persistent substances such as heavy metals and organo- 
chlorine compounds, until it has been demonstrated that their release will not 
give rise to unacceptable risks or unless their use is essential to human health or 
food production, in which case appropriate control measures should be applied. 

72. It is recommended that in establishing standards for pollutants of international 
Significance, Governments take into account the relevant standards proposed by 
competent international organizations, and concert with other concerned Govern- 
ments and the competent international organizations in planning and carrying out 
control programmes for pollutants distributed beyond the national jurisdiction 
from which they are released. 

73. It is recommended that Governments actively support, and contribute to, 
international programmes to acquire knowledge for the assessment of pollutant 
sources, pathways, exposures and risks and that those Governments in a position 
to do so provide educational, technical and other forms of assistance to facilitate 
broad participation by countries regardless of their economic or technical 
advancement. 


68 


74. It is recommended that the Secretary-General, drawing on the resources of the 
entire UN system, and with the active support of Governments and appropriate 
scientific and other international bodies: 

(a) Increase the capability of the UN system to provide awareness and advance 
warning of deleterious effects to human health and well-being from man-made 
pollutants; 

(b) Provide this information in a form which is useful to policy-makers at the 
national level; 

(c) Assist those Governments which desire to incorporate these and other 
environmental factors into national planning processes; 

(d) Improve the international acceptability of procedures for testing pollutants 
and contaminants by: 

i International division of labour in carrying out the large-scale testing pro- 
grammes needed; 

ii Dev elopment of international schedules of tests for evaluation of the environ- 
mental impact potential of specific contaminants or products. Such a schedule of 
tests should include consideration of both short-term and long-term effects of all 
kinds, and should be reviewed and brought up to date from time to time to take 
into account new knowledge and techniques: 

iii Development and ‘implementation of an international intercalibration 
programme for sampling and analytical techniques to permit more meaningful 
comparisons of national data; 

iv Develop plans for an International Registry of Data on Chemicals in the 
Environment based on a collection of available scientific data on the environ- 
mental behaviour of the most important man-made chemicals and containing 
production figures of the potentially most harmful chemicals, together with their 

pathways frony factory via utilization to ultimate dispcesal or recirculation. 

75. Ii is recommended that, without reducing*in any way their attention to non- 
radioactive pollutants, Gov ernments should: 

(a) Explore with TAEA: and WHO the feasibility of developing a registry of 
releases to the biosphere of significant quantities of radioactive materials; 

(b) Support and expand, under IAEA and appropriate international organiza- 
tions, international co-operation on radioactive waste problems, including prob- 
lems of mining and tailings and also including co-ordination of plans for the siting 
of fuel-reprocessing plants in relation to the siting of the ultimate storage areas, 
considering also the transportation problems. 

76. It ws recommended: 

(a) That a major effort be undertaken to develop monitoring and both epidemi- 
ological and experimental research programmes providing data for early warning 
and prevention of the deleterious effects of the various environmental agents, 
acting singly or in combination, to which man is increasingly exposed, directly 
or indirectly, and for the assessment of their potential risks to human health, with 
particular regard to the risks of mutagenicity, teratogenicity and carcinogenicity. 
Such programmes should be guided and co-ordinated by WHO; 

(b) That WHO co-ordinate the development and implementation of an appro- 
priate international collection and dissemination system to correlate medical, 
environmental and family-history data; 

(c) That Governments actively support and contribute to international pro- 
grammes for research and development of guidelines concerning environmental 
factors in the work environment. 

77. It is recommended that WHC, in collaboration with the relevant agencies, 
in the context of an approved programme, and with a view to suggesting neces- 
sary action, assist Governments, particularly those of developing countries, in 
undertaking co-ordinated programmes of monitoring of air and water and in 
establishing monitoring systems in areas where there may be a risk to health 
from pollution. 

78. It is recommended that internationally co-ordinated programmes of research 
and monitoring of food contamination by chemical and biological agents be 
established and developed jointly by FAO and WHO, taking into account national 
programmes, and that the results of monitoring be expeditiously assembled, eval- 
uated and made available so as to provide early information on rising trends of 
contamination and on levels that may be considered undesirable or may lead to 
unsafe human intakes. 

79. It is recommended: 

(a) That approximately 10 baseline stations be set up, with the consent of tle 
States involved, in areas remote from all sources of pollution in order to monitor 
long-term global trends in atmospheric constituents and properties which may 
cause chang¢s in meteorological properties, including climatic changes; 


69 


(b) That a much larger network of not less than 100 stations be set up, with the 
consent of the States involved, for monitoring properties and constituents of the 
atmosphere on a regional basis and especially changes in the distribution and 
concentration of contaminants; 

(ec) That these programmes be guided and co-ordinated by WMO; 

(d) That WMO, in co-operation with ICSU, continue to carry out the Global 
Atmospheric Research Programme, and if necessary establish new programmes to 
understand better the general circulation of the atmosphere and the causes of 
climatic changes whether these causes are natural or the result of man’s activities. 

81. It 7s recommended that WHO, together with the international organizations 
concerned, continue to study and establish primary standards for the protection 
of the human organism, especially from pollutants that-are common to air, water 
and food, as a basis for the establishment of derived working limits. 

$2. It is recommended that increased support be given to the Codex Alimentarius 
Commission to develop international standards for pollutants in food and a code 
of ethics for international food trade, and that the capabilities of FAO and WHO 
to assist materially and to guide developing countries in the field of food control 
be increased. 

83. It is recommended that the appropriate UN agencies develop agreed pro- 
cedures for setting derived working limits for common air and water contaminants. 

84. It is recommended that Governments make’ available, through the Inter- 
national Referral System established in pursuance of recommendation 101 of 
this Conference, such information as may be requested on their pollution research 
and pollution control activities, including legislative and administrative arrange- 
ments, research on more efficient pollution control technology, and cost-benefit 
methodology. 

85. It is recommended that any mechanism for co-ordinating and stimulating 
the actions of the different UN organs in connection with environmental problems 
include among its functions: 

(a) Development of an internationally accepted procedure for the identification 
of pollutants of international significance and for the definition of the degree and 
scope of international concern; 

(b) Consideration of the appointment of appropriate inter-governmental 
expert bodies to assess quantitatively the exposures, risks, pathways and sources 
of pollutants of international significance; 

(c) Review and co-ordination of international co-operation for pollution control, 
ensuring in particular that needed measures shall be taken and that measures 
taken in regard to various media and sources shall be consistent with one another; 

(d) Examination of the needs for technical assistance to Governments in the 
study of pollution problems, in particular those involving international distribu- 
tion of pollutants; 

(e) Encouragement of the establishment of consultation mechanisms for speedy 
implementation of concerted abatement programmes with particular emphasis on 
regional activities. 

86. It is recommended that Governments, with the assistance and guidance of 
appropriate UN bodies, in particular the Joint. Group of Experts on the Scientific 
Aspects of Marine Pollution: ) 

(a) Accept and implement available instruments on the control of the maritime 
sources of marine pollution; 

(b) Ensare that the provisions of such instruments are complied with by ships 
flying their flags and by ships operating in areas under their jurisdiction and that 
adequate provisions are, made for reviewing the effectiveness, of, and: revising, 
existing and proposed international measures for control marine pollution; 

(c) Ensure that ocean dumping by their nationals anvwhere, or by any person in 
areas under their jurisdiction, is controlled and that Governments shall continue 
to work towards the completion of, and bringing into force as soon as possible of, an 
over-all instrument for the control of ocean dumping as well as needed regional 
agreements within the framework of this instrument, in particular for enclosed and 
semi-encloséd seas, which are more at risk from pollution; 

(d) Refer the draft articles and annexes contained in. the reports of the inter- 
governmental meetings at Reykjavik, Iceland, in April 1972 and in Londonin May 
1972 to the UN Committee on the Peaceful Uses of the Seabed and the Ocean 
Floor beyond the Limits of National Jurisdiction at its session in July/August 1972 
for information and comments and to a conference of governments to be convened 
by the Government of the United Kingdom of Great Britain and Northern Ireland 
in consultation with the Secretary-General before November 1972 for further con- 
sideration, with a view to opening the proposed convention for signature at a place 
to be decided by that conference, preferably before the end of 1972; 


70 


(e) Participate fully in the 1973 (IMCO) Conference on Marine Pollution and 
the UN Conference on the Law of the Sea scheduled to begin in 1973, as well as in 
regional efforts, with a view to bringing all significant sources of pollution within 
the marine environment, including radioactive pollution from nuclear surface ships 
and submarines, and in particular in enclosed and semi-enclosed seas, under ap- 
propriate controls and particularly to complete elimination of deliberate pollution 
by oil from ships, with a goal of achieving this by the middle of the present decade; 

(f) Strengthen national controls over land-based sources of marine pollution, in 
particular in enclosed and semi-enclosed seas, and recognize that, in some cireum- 
stances, the discharge of residual heat from nuclear and other power-stations may 
constitute a potential hazard to marine ecosystems. 

87. It is recommended that Governments: 

(a) Support national research and monitoring efforts that contribute to agreed 
international programmes for research and monitoring in the marine environment, 
in particular the Global Investigation of Pollution in the Marine Environment 
and the Integrated Global Ocean Station System. 

(b) Provide to the UN, FAO and UNCTAD, as appropriate to the data- 
gathering activities of each, statistics on the production and use of toxie or danger- 
ous substances that are potential marine pollutants, especially if they are persistent 

(c) Expand their support to components of the UN system concerned with 
research and monitoring in the marine environment and adopt the measures 
required to improve the constitutional, financial and operational basis under 
which the [OC is at present operating so as to make it an effective joint mechanism 
for the Governments and UN organizations concerned (UNESCO, FAO, WMO, 
IMCO, ESA) and in order that it may be able to take on additional responsibili- 
ties and co-ordination of scientific programmes and services. 

88. It ts recommended that the Secretary-General, together with the sponsoring 
agencies, make it possible for the Joint Group of Experts on the Scientific Aspects 
of Marine Pollution: 

(a) To re-examine annually, and revise as required, its ‘‘Review of Harmful 
Chemical Substances’’, with a view to elaborating further its assessment of sources, 
pathways and resulting risks of marine pollutants; 

(b) To assemble, having regard to other work in progress, scientific data and to 
provide advice on scientific aspects of marine pollution, especially those of an 
interdisciplinary nature. 

89. It is recommended that the Secretary-General ensure: 

(a) That mechanisms for combining world statistics on mining, production, 
processing, transport and use of potential marine pollutants shall be developed 
along with methods for identifying high-priority marine pollutants based in part 
on such data; 

(b) That the Joint Group of Experts on the Scientific Aspects of Marine Pollu- 
tion, in consultation with other expert groups, propose guidelines for test pro- 
grammes to evaluate toxicity for potential marine pollutants; 

(c) That FAO, WHO, IOC and IAEA encourage studies of the effects of high- 
priority marine pollutants on man and other organisms with appropriate em- 
phasis on chronic, low-level exposures; 

(d) That IOC, with FAO and WHO explore the possibility of establishing an 
international institute for tropical marine studies, which would undertake train- 
ing as well as research. 

90. It is recommended that IOC, jointly with WMO and, as appropriate, in 
co-operation with other interested inter-governmental bodies promote the monitor- 
ing of marine pollution, preferably within the framework of the Integrated Global 
Ocean Station System, as well as the development of methods for monitoring 
high-priority marine pollutants in the water, sediments and organisms, with 
advice from the Joint Group of Experts on the Scientific Aspects of Marine Pol- 
lution on intercomparability of methodologies. 

91. It 1s recommended that IOC: 

(a) Ensure that provision shall be made in international marine research, 
monitoring and related activities for the exchange, dissemination, and referral to 
sources of data and information on baselines and on marine pollution and that 
attention shall be paid to the special needs of developing countries; 

(b) Give full consideration, with FAO, WMO, the IMCO, WHO, IAEA, IHO 
and ICES and other interested and relevant or ganizations, to the strengthening 
of on-going marine and related data and information exchange and dissemination 
activities; 


71 


(ec) Support the concept of development of an interdisciplinary and inter-" 
organizational system primarily involving centres already in existence; 

(d) Initiate an interdisciplinary marine pollution data and scientific informa- 
tion referral capability. 

92. It is recommended: 

(a) That Governments collectively endorse the principles set forth in paragraph 
197 of Conference document A/CONF. 48/8 as guiding concepts for the UN Con- 
ference on the Law of the Sea and the Marine Pollution Conference scheduled to 
be held in. 1973 ana also the statement of objectives agreed on at the second session 
of the Inter-Governmental Working Group on Marine Pollution, which reads as 
follows: 

The marine environment and all the living organisms which it supports are 

of vital importance to humanity, and all people have an interest in assuring that 

this environment is so managed that its quality and resources are not im- 

paired. This applies especially to coastal area resources. The capacity of the sea 

to assimilate wastes and render them harmless and its ability to regenerate 

natural resources are not unlimited. Proper management is required and meas- 

ures to prevent and control marine pollution must be regarded as an essential 

element in this management of the oceans and seas and their natural resources., 
and that, in respect of the particular interest of coastal States in the marine en- 
vironment and recognizing that the resolution of this question is a matter for 
consideration at the Conference on the Law of the Sea, they take note of the 
principles on the rights of coastal States discussed but neither endorsed nor re- 
jected at the second session of the Inter-Governmental Working Group on Marine 
Pollution and refer those principles to the 1973 IMCO Conference for information 
and to the 1973 Conference on the Law of the Sea for such action as may be 
appropriate; 

(b) That Governments take early action to adopt effective national measures 
for the control of all significant sources of marine pollution, including land-based 
sources, and concert and co-ordinate their actions regionally and where appropriate 
on a wider international basis; 

(c) That the Secretary-General, in co-operation with appropriate international 
organizations, endeavours to provide guidelines which Governments might wish 
te take into account when developing such measures. 

93. It 1s recommended that any mechanism for co-ordinating and stimulting the 
actions of the different United Nations organs in connection with environmental 
problems include among its functions over-all responsibility for ensuring that 
needed advice on marine pollution problems shall be provided to Governments. 

94. It is recommended that the Secretary-General, with the co-operation of UN 
bodies, takes steps to secure additional financial support to those training and 
other programmes of assistance that contribute to increasing the capacity of 
developing countries to participate in international marine research, monitoring 
and polluticn-control programmes.”’ 

“101. It is recommended that the Secretary- General takes the appropriate steps, 
including the convening of an expert meeting, to organize an International 
Referral Service for sources of environmental information, taking into account 
the model described in paragraphs 129 to 136 of the report on educational, informa- 
tional, social and cultural aspects of environmental issues (A/CONF. 48/9), in 
order to assist in the successful implementation of all the recommendations made 
in respect of those aspects of environmental issues and of most of the reeommenda- 
tions envisaged in the other substantive subject areas covered in the Conference 
agenda.” 


72 


Appendix V 


CONVENTION ON THE PREVENTION oF MartnE PouiuTion BY DUMPING 
oF WASTES AND OriteR MATTER 


The Contracting Parties to this Convention, 

Recognizing that the marine environment and the living organisms 
which it supports are of vital importance to humanity, and all people 
have an interest in assuring that it is so managed that its quality and 
resources are not impaired ; 

Recognizing that the capacity of the sea to assimilate wastes and 
render them harmless, and its ability to regenerate natural resources, 
is not unlimited ; 

Recognizing that States have, in accordance with the Charter of the 
United Nations and the principles of international law, the sovereign 
right to exploit their own resources pursuant to their own environ- 
mental policies, and the responsibility to ensure that activities within 
their jurisdiction or control do net cause damage to the environment 
of other States or of areas beyond the limits of national jurisdiction; 

feecalling Resolution 2749 (X XV) of the General Assembly of the 
United Nations on the principles governing the sea-bed and the ocean 
floor and the subsoil thereof, beyond the limits of national jurisdic- 
tion: 

Noting that marine pollution originates in many sources, such as 
dumping and discharges through the atmosphere, rivers, estuaries, 
outialls and pipelines, and that 1¢ 1s important that States use the best 
practicable means to prevent such pollution and develop products and 
processes which will reduce the amonrt of harmful wastes to be dis- 
posed of; 

Being convinced that international action to control the pollution 
of the sea by dumping can and must he taken without delay but that 
this action should nct preclude discussion of measures to control other 
sources of marine pollution as scon as possible; and m 

Wishing to improve protection of the marine environment by en- 
couraging States with 2 common interest in particular geographical 
areas to enter into appropriate agreemezits supplementary to this Con- 
vention ; . 

Have agreed as follows: 

ARTICLE I 


Contracting Partics shall individually and collectively promote the 
effective control of all sources of pollution of the marine environment, 
and pledge themse!ves especially to take all practicable steps to pre- 
vent the pollution of the sea by the dumping of waste and other matter 
that is liable to create hazards to human health, to harm living re- 
sources and marine life, to damage amenities or to interfere with 
other legitimate uses of the sea. 


73 


ARTICLE II 


Contracting Parties shall, as provided for in the following Articles, 
take effective measures individually, according to their scientific, tech- 
nical and economic capabilities, and collectively, to prevent marine 
pollution caused by dumping and shall harmonize their policies in 
this regard. 


ARTICLE Oi 


For the purposes of this Convention: 

1. é “Dumping” means: 

1) any deliberate disposal at sea of wastes or other matter 
from vessels, aircraft, platforms or other man-made struc- 
tures at sea ; 

(ii) any deliberate disposal at sea of vessels, aircraft, plat- 
forms or other man-made structures at sea. 

(b) “Dumping” does not include: 

(i) the disposal at sea of wastes or other matter incidental 
to, or derived from the normal operations of vessels, aircraft, 
platforms or other man-made structures at sea and their 
equipment, other than wastes or other matter transported by 
or to vessels, aircraft, platforms or other man-made struc- 
tures at sea, operating for the purpose of disposal of such 
matter or derived from the treatment of such wastes or other 
matter on such vessels, aircraft, platforms or structures; 

(11) placement of matter for a purpose other than the mere 
disposal thereot, provided that such placement is net contrary 
to the aims of this Convention. 

(c) The disposal of wastes or other matter directly arising 
from, or related to the exploration, exploitation and associated 
off-shore processing of sea-bed mineral resources will not be 
covered by the provisions of this Convention. 

2. “Vessels and aircraft” means waterborne or airborne craft 
of any type whatsoever. This expression includes air cushioned 

craft and floating craft, whether self-propelled or not. 

3. “Sea” means all marine waters other than the internal waters 
of States. 

4. “Wastes or other matter” means material and substance of 
any kind, form or description. 

d. “Special permit” means permission granted specifically on 
application in advance and in accordance with Annex IT and 
Aniex ITT. 

6. “General permit” means permission granted in advance and 
In accordance with Annex ITT. 

7. “The Organisation” means the Organisation designated by 
the Contracting Parties in accordance with Article XIV (2). 


ARTICLE IV 


1. In accordance with the provisions of this Convention Contracting 
Parties shall prohibit the dumping of any wastes or other matter in 
whatever form or condition except as otherwise specified below: __ 

(a) the dumping of wastes or other matter listed in Annex T is 
prohibited : 


45-670 O- 75 - 6 


74 


(0) the duinping of wastes or other matter listed in Annex IT 
requires a prior special permit; 

(¢) the dumping of all other wastes or matter requires a prior 
general] permit. 

2. Any permit shall be issued only after careful consideration of all 
the factors set forth in Annex II], including prior studies of the char- 
acteristics of the dumping site, as set forth in Sections B and C of that 
Annex. 

3. No provision of this Convention is to be interpreted as prevent- 
ing a Contracting Party from prohibiting, insofar as that Party is 
concerned, the dumping of wastes or other matter not mentioned in 
Annex I. That Party shall notify such measures to the Organisation. 


ARTICLE V 


1. The provisions of Article IV shall not apply when it is necessary 
to secure the safety of human life or of vessels, aircraft, platforms 
or other man-made structures at sea in cases of force majeure caused 
by stress of weather, or in any case which constitutes a danger to hu- 
man life or a real threat to vessels, aircraft, platforms or other man- 
made structures at sea, if dumping appears to be the only way of 
averting the threat and if there is every probability that the damage 
consequent upon such dumping will be less than would ot herwise occur. 
Such dumping shall be so conducted as to minimise the likelihood of 
damage to human or marine life and shall be reported forthwith to the 
Organisation. 

¥. A Contracting Party may issue a special permit as an exception 
to Article IV(1) (a), in emergencies, posing unacceptable risk relat- 
ing to human health and admitting no other feasible solution. Before 
doing so the Party shall consult any other country or countries that 
are likely to be affected and the Organisation which, after consulting 
other Parties. and international organisations as appropriate, shall in 
accordance with Article XIV promptly recommend to the Party the 
most appropriate procedures to adopt. The Party shall follow these 
recommendations to the maximum extent feasible consistent with the 
time within which action must be taken and with the general obliga- 
tion to avoid damage to the marine environment and shall inform the 
Organisation of the action it takes. The Parties pledge themselves to 
assist one another in such situations. : 

3. Any Contracting Party may waive its rights under paragraph (2) 
at the time of, or subsequent to ratification of, or accession to this 


Convention. 
ARTICLE VI 


1. Each Contracting Party shall designate an appropriate authority 


or authorities to: 
(a) issue special permits which shall be required prior to, and 


for, the dumping of matter listed in Annex IT and in the circum- 
stances provided for in Article V (2) ; 

(b) issue general permits which shall be required prior to, and 
for, the dumping of all other matter ; 

(c) keep records of the nature and quantities of all matter 
permitted to be dumped and the location, time and method of 


dumping: 


(6) 


(d) monitor individually, or in collaboration with other Par- 
ties and competent International Organisations, the condition of 
the seas for the purposes of this Convention. 

2. The appropriate authority or authorities of a Contracting Party 
shall issue prior special or general permits in accordance with para- 
graph (1) in respect of matter intended for dumping: 

(a) loaded in its territory ; 

(6) loaded by a vessel or aircraft registered in its territory or 
flying its flag, when the loading occurs in the territory of a State 
not party to this Convention. 

3. In issuing permits under sub-paragraphs (1) (a) and (b) above, 
the appropriate authority or authorities shall comply with Annex ITI, 
together with such additional criteria, measures and requirements as 
they may consider relevant. . 

4. Each Contracting Party, directly or through a Secretariat estab- 
lished under a regional agreement, shall report to the Organisation, 
and where appropriate to other Parties, the information specified in 
sub-paragraphs (c) and (d) of paragraph (1) above, and the criteria, 
measures and requirements it adopts in accordance with paragraph (3) 
above. The procedure to be followed and the nature of such reports 
shall be agreed by the Parties in consultation. 


ARTICLE VII 


1. Each Contracting Party shall apply the measures required to 

iunplement the present Convention to all : 
(a) vessels and aircraft registered in its territory or flying its 
ag; 
(6) vessels and aircraft loading in its territory or territorial 
seas matter which is to be dumped; 
(c) vessels and aircraft and fixed or floating platforms under 
its jurisdiction believed to he engaged in dumping. 

2. Each Party shall take in its territory appropriate measures to 
prevent and punish conduct in contravention of the provisions of this 
Convention. 

3. The Parties agree to co-operate in the development of procedures 
for the effective application of this Convention particularly on the 
high seas, including procedures for the reporting of vessels and air- 
craft observed dumping in contravention of the Convention. 

4. This Convention shal] not apply to those vessels and aircraft en- 
titled to sovercign immunity under international law. However each 
Party shall ensure by the adoption of appropriate measures that such 
vessels and aircraft owned or operated by it act in a manner consistent 
with the object and purpose of this Convention, and shall inform the 
Organisation accordingly. 

5. Nothing in this Convention shall affect the right of each Party 
to adopt other measures, in accordance with the principles of 
international law, to prevent dumping at sea. 


ARTICLE VIII 


In order to further the objectives of this Convention, the Contract- | 
ing Parties with common interests to protect in the marine environ- ‘ 


76 


ment in a given geographical area shall endeavour, taking into account 
characteristic regional features, to enter into regional agreements con- 
sistent with this Convention for the prevention of pollution, especially 
by dumping. The Contracting Parties to the present Convention shall 
endeavour to act consistently with the objectives and provisions of 
such regional agreements, which shall be notified to them by the Orga- 
nisation. Contracting Parties shall seek to co-operate with the parties 
to regional agreements in order to develop harmonized procedures to 
be followed by Contracting Parties to the different conventions con- 
cerned. Special attention shall be given to co-operation in the field of 
monitoring and scientific research. 


ARTICLE IX 


The Contracting Parties shall promote, through collaboration 
within the Organisation and other international bodies, support for 
those Parties which request it for : 

(a) the training of scientific and technical personnel ; 
(6) the supply of necessary equipment and facilities for re- 
search and monitoring ; 
(c) the disposal and treatment of waste and other measures to 
prevent or mitigate pollution caused by dumping; 
preferably within the countries concerned, so furthering the aims and 
purposes of this Convention. 


ARTICLE X 


In accordance with the principles of international law regarding 
State responsibility for damage to the environment of other States or 
to any other area of the environment, caused by dumping of wastes 
and other matter of all kinds, the Contracting Parties undertake to 
develop procedures for the assessment of liability and the settlement 
of disputes regarding dumping. | 


ARTICLE XI 


The Contracting Parties shall at their first consultative meeting con- 
sider procedures for the settlement of disputes concerning the interpre- 
tation and application of this Convention. 


ARTICLE XII 


The Contracting Parties pledge themselves to promote, within the 
competent specialised agencies and other international bodies, meas- 
ures to protect the marine environment against pollution caused by: 

(a) hydrocarbons, including oil, and their wastes; 

(6) other noxious or hazardous matter transported by vessels 
for purposes other than dumping ; 

(c) wastes generated in the course of operation of vessels, air- 
craft, platforms and other man-made structures at sea; 

(d) radio-active pollutants from all sources, including vessels; 

(e) agents of chemical and biological warfare; 


Tl 


(7) wastes or other matter directly arising from. ox related to 
the exploration, exploitation and associated off-shore processing 
of sea-bed mineral resources. 

The Parties will also promote, within the appropriate international 
organisation, the codification of signals to be used by vessels engaged 
in dumping. 

ARTICLE XIII 


Nothing in this Convention shall prejudice the codification and de- 
velopment of the law of the sea by the United Nations Conference on 
the Law of the Sea convened pursuant to Resolution 2750 C (X XV) of 
the General Assembly of the United Nations nor the present or future 
claims and legal views of any State concerning the law of the sea and 
the nature and extent of coastal and flag State jurisdiction. The Con- 
tracting Parties agree to consult at a meeting to be convened by the 
Organisation after the Law of the Sea Conference, and in any case 
not later than 1976, with a view to defining the nature and extent of 
the right and the responsibility of a coastal State to apply the Con- 
vention in a zone adjacent to its coast. 


ARTICLE XIV 


1. The Government of the United Kingdom of Great Britain and 
Northern Ireland as a depositary shall call a meeting of the Contract- 
ing Parties not later than three months after the entry into force of 
this Convention to decide on organisational matters. 

2. The Contracting Parties shall designate a competent Organisa- 
tion existing at the time of that meeting to be responsible for 
Secretariat duties in relation to this Convention. Any Party to this 
Convention not being a member of this Organisation shall make an 
appropriate contribution to the expenses incurred by the Organisation 
in performing these duties. 

3. The Secretariat duties of the Organisation shall include: 

(a) the convening of consultative meetings of the Contracting 
Parties not less frequently than once every two years and of 
special meetings of the Parties at any time on the request of two- 
thirds of the Parties; 

(6) preparing and assisting, in consultation with the Contract- 
ing Parties and appropnate International Organisations, in the 
development. and implementation of procedures referred to in 
sub-paragraph (4) (e) of this Article; 

(c) considering enquiries by, and information from the Con- 
tracting Parties, consulting with them and with the appropriate 
International Organisations, and providing recommendations to 
the Parties on questions related to, but not specifically covered 
by the Convention ; 

(d) conveying to the Parties concerned all notifications re- 
ceived by the Organisation in accordance with Articles IV (3), 
V (1) and (2), VI(4), XV, XX and X XI. 

Prior to the designation of the Organisation these functions shall, as 
necessary, be performed by the depositary, who for this purpose shall 
be the Government of the United Kingdom of Great Britain and 
Northern Ireland. 


78 


4. Consultative or special mectings of the Contracting Parties shall 
keep under continuing review the implementation of this Convention 
and may, ¢nter alia: 

(a) review and adopt amendments to this Convention and its 
Annexes in accordance with Article XV; 

(6) invite the appropriate scientific body or bodies to collabo- 
rate with and to advise the Parties or the Organisation on any 
scientific or technical aspect relevant to this Convention. inelud- 
ing particularly the content of the Annexes; 

(c) receive and consider reports made pursuant to Article 
VI(4): 

(7) promote co-operation with and between regional organisa- 
tions concerned with the prevention of marine pollution ; 

(e) develop or adopt, in consultation with appropriate Inter- 
national Organisations, procedures referréd to in Article V(2), 
including basic criteria for determining exceptional and emer- 
gency situations, and procedures for consultative advice and the 
safe disposal of matter in such circumstances, including the 
designation of appropriate dumping areas, and recommend ac- 
cordingly ; 

(f) Consider any additional action that may be required. 

5. The Contracting Parties at their first consultative meeting shall 
establish rules of procedure as necessary. 


ARTICLE XV 


1. (a) At meetings of the Contracting Parties called in accordance 
with Article XTV amendments to this Convention may be adopted by a 
two-thirds majority of those present. An amendment shall enter into 
force for the Parties which have accepted it on the sixtieth day after 
two-thirds of the Parties shall have deposited an instrument of accept- 
ance of the amendment with the Organisation. Thereafter the amend- 
ment shall enter into force for any other Party 30 days after that 
Party deposits its instrument of acceptance of the amendment. 

(b) The Organisation shall inform all Contracting Parties of any 
request made for a special meeting under Article XIV and of any 
amendments adopted at meetings of the Parties and of the date on 
which each such amendment enters into force for each Party. 

2, Amendments to the Annexes will be based on scientific or techni- 
eal considerations. Amendments to the Annexes approved by a two- 
thirds majority of those present at a meeting called in accordance with 
Article XIV shall enter into force for each Contracting Party immedi- 
ately on notification of its acceptance to the Organisation and 100 days 
after approval by the meeting for all other Parties except for those 
which before the end of the 100 days make a declaration that they are 
not able to accept the amendment at that time. Parties should en- 
deavour to signify their acceptance of an amendment to the Organisa- 
tion as soon as possible after approval at a meeting. A Party may at 
any time substitute an acceptance for a previous declaration of objec- 
tion and the amendment previously objected to shall thereupon enter 
into force for that Party. 

3. An acceptance or declaration of objection under this Article shall 
be made by the deposit of an instrument with the Organisation. The 


79 


Organisation shall notify all Contracting Parties of the receipt of 
such instruments. = Petree ee gy as 
_4. Prior to the designation of the Organisation, the Secretarial func- 
tions herein attributed to it, shall be performed temporarily by the 
Government of the United Kingdom of Great Britain and Northern 
Ireland, as one of the depositaries of this Convention. 


ARTICLE XVI 


This Convention shall be open for signature by any State at London, 
Mexico City, Moscow and Washington from 29 December 1972 until 
31 December 1973. 


This Convention shall be subject to ratification. The instruments of 
ratification shall be ne with the Governments of Mexico, the 
Union of Soviet Socialist Republics, the United Kingdom of Great 
Britain and Northern Ireland, and the United States of America. 


ARTICLE XVUI 


Aiter 31 December 1973, this Convention shall be open for accession 
by any State. The instruments of accession shall be deposited with the 
Governments of Mexico, the Union of Soviet Socialist Republics, the 
‘United Kingdom of Great Britain and Northern Ireland, and the 
United States of America. 

ARTICLE XIX 


1. This Convention shall enter into force on the thirtieth day fol- 
lowing the date of deposit of the fifteenth instrument of ratification or 
accession. Pree 

2. For each Contracting Party ratifying or acceding to the Con- 
vention after ths deposit of the fifteenth instrument of ratification or 
accession, the Convention shall enter into force on the thirtieth day 
after deposit by such Party of its instrument of ratification or 
accession. 

ARTICLE XX 


The depositaries shall inform Contracting Parties: 

(as of signatures to this Convention and of the deposit of in- 
struments of ratification, accession or withdrawal, in accordance 
with Articles XVI, XVII, XVIII and XXI, and 

(6) of the date on which this Convention will enter into force, 

~ in accordance with Article XIX. 


ARTICLE XXI 


Any Contracting Party may withdraw from this Convention b 
giving six months’ notice in writing to a depositary, which shall 
promptly inform all Parties of such notice. 


| ARTICLE) XX1 


Liable | 
The original of this Convention of which the English, French, Rus- 
sian and Spanish texts are equally authentic, shall be deposited with 


80 


the Governments of Mexico, the Union of Soviet Socialist Republics, 
the United Kingdom of Great Britain and Northern Ireland and the 
United States of America who shall send certified copies thereof to all 
States. 

IN WITNESS WITEREOF the undersigned Plenipotentiaries, be- 
ine duly authorised thereto by their respective Governments have 
siened the present Convention. 

DONE in quadruplicate at London, Mexico City, Moscow and Wash- 
ineton, this twenty-ninth day of December, 1972. 


ANNEXES 


ANNEX I 


1. Organohalogen compounds. 

2. Mercury and mercury compounds. 

3. Cadmium and cadmium compounds. 

4. Persistent plastics and other persistent synthetic materials, for 
example, netting and ropes, which may float or may remain in suspen- 
sion in the sea in such a manner as to interfere materially with fishing, 
navigation or other legitimate uses of the sea. 

5. Crude oil, fuel oil, heavy diesel oil, and lubricating oils, hydraulic 
fluids, and any mixtures containing any of these, taken on board for 
the purpose of dumping. 

6. High-level radio-active wastes or other high-level radio-active 
matter, defined on public health, biological or other grounds, by the 
competent international body in this field, at present the Interna- 
tional Atomic Energy Agency, as unsuitable for dumping at sea. 

7. Materials in whatever form (e.g. solids, Hail: semi-liquids, 
gases or in a living state) produced for biological and chemical 
warfare. 

8. The preceding paragraphs of this Annex do not apply to sub- 
stances which are rapidly rendered harmless by physical, chemical or 
biological processes in the sea provided they do not: 

(i) make edible marine organisms unpalatable, or 
(ii) endanger human health or that of domestic animals. 

The consultative procedure provided for under Article XIV should 
be followed by a Party if there is doubt about the harmlessness of the 
substance. 

9. This Annex does not apply to wastes or other materials (e.g. 
sewage sludges and dredged spoils) containing the matters referred 
to in paragraphs 1-5 above as trace contaminants. Such wastes shall 
be subject to the provisions of Annexes IT and III as appropriate. 


ANNEX II 


The following substances and materials requiring special care are 
listed for the purposes of Article VI(1) (a). 

A Wastes containing significant amounts of the matters listed below : 
arsenic 
lead 
copper 
zinc v 
organosilicon compounds 
cyanides 
fluorides 
pesticides and their by-products not covered in Annex I. 


and their compounds 


81 


B. In the issue of permits for the dumping of large quantities of 
acids and alkalis, consideration shall be given to the possible presence 
in such wastes of the substances listed in ) paragraph A and to the fol- 
lowing additional substances : 

berylhum 
chromium 
nickel 

vanadium 

C. Containers, scrap metal and other bulky wastes lable to sink to 
the sea bottom which may present a serious obstacle to fishing or 
navigation. 

D. Radio-active wastes or other radio-active matter not Aneluded | in 
Annex I. In the issue of permits for the dumping of this matter, the 
Contracting Parties should take full account of the recommendations 
of the competent international body in this field, at Piven the Inter- 
national Atomic nergy Agency. 


and their compounds 


ANNEX III 


Provisions to be considered in establishing criteria governing the 
issue of permits for the dumping of matter at sea, taking into account 
Article IV (2), include: 


A. Characteristics and composition of the matter 

1. Total amount and average composition of matter dumped (e.g. 
per year). 

a Form, e.g. solid, sludge, liquid, or gaseous. 

3. Proper ties: physical “(e. g. solubility and density), cneweal and 
biochemical (e.g. oxygen demand, nutrients) and biological (e.g. pres- 
ence of viruses, bacteriagyeasts, parasites). 

4, Toxicity. 

5. Persistence: physical, chemical and biological. 

6. Accumulation and biotransformation in biological materials or 
sediments. 

7. Susceptibility to physical, chemical and biochemical changes and 
interaction in the aquatic environment with other dissolved organic 
and inorganic materials. 

8. Probability of production of taints or other changes reducing 
marketability or resources (fish, shellfish, etc.). 


B. Characteristics of dumping site and method of deposit 

1. Location (e.g. co-ordinates of the dumping area, depth and dis- 
tance from the coast), location in relation to other areas (e.g. amenity 
areas, spawning, nursery and fishing areas and exploitable resources). 

2. Rate of disposal per specific period (e.g. quantity per day, per 
week, per month). 

3. Methods of packaging and containment, if any. 

4, Initial dilution achieved by proposed method of release. 

5. Dispersal characteristics (e.g. effects of OREESE IS, tides and wind 
on horizontal transport and vertical mixing). 

6. Water characteristics (e.g. temperature, pH, salinity, stratifica- 
tion, oxygen indices of pollution-dissolved oxygen (DO), chemical 


oxygen demand (COD), biochemical oxygen demand (BOD) —nitro- 
gen present in organic and mineral form including ammonia, sus- 
pended matter, other nutrients and productivity). 

7. Bottom characteristics (e.g. topography, geochemical and geologi- 
cal characteristics and biological productivity). 

8. Existence and effects of other dumpings which have been made 
in the dumping area (e.g. heavy metal background reading and or- 
ganic carbon content). 

9. In issuing a permit for dumping, Contracting Parties should con- 
sider whether an adequate scientific basis exists for assessing the con- 
sequences of such dumping, as outlined in this Annex, t taking into ac- 
count seasonal variations. 


C. General considerations and conditions 


1. Possible effects on amenities (e.g. presence of floating or stranded 
material, turbidity, objectionable odour discolouration and foaming). 

2. Possible effects on marine life, fish and shellfish culture, fish 
stocks and fisheries, seaweed harvesting and culture. 

3. Possible effects on other uses of the sea (e.g. impairment of wa- 
ter quality for industrial use, underwater corrosion of structures, in- 
terference with ship operations from floating materials, interference 
with fishing or navigation through deposit of waste or solid objects 
on the sea floor and protection of areas of special importance for sci- 
entific or conservation purposes). 

4. The practical availability of alternative land-based methods of 
treatment, disposal or elimination, or of treatment to render the 
matter less harmful for dumping at sea. 


GO 
Ww 


Appendix VI 


INTERNATIONAL CONVENTION FOR THE PREVENTION OF JDOLLUTION FROM 
Surpes, 1973 


Text of the Articles of the Convention as adopted by the Conference 


The parties to the Convention, being conscious of the need to preserve the hu- 
man environment in general and the marine environment in particular, 

Recogizing that deliberate, negligent or accidental release of oil and other harmi- 
ful substances from ships constitutes a serious source of pollution, 

Recognizing also the importance of the International Convention for the Pre- 
vention of Pollution of the Sea by Oil, 1954, as being the first multilateral instru- 
ment to be concluded with the prime objective of protecting the environment, 
and appreciating the significant contribution which that Convention has made in 
preserving the seas and coastal environment from pollution, 

Desiring to achieve the complete elimination of intentional pollution of the 
marine environment by oil and other harmful substances and the minimization 
of accidental discharge of such substances, 

Considering that this object may best be achieved by establishing rules not 
limited to oil pollution having a universal purport, 

lave agreed as follows: 

Article 1 


GENERAL OBLIGATIONS UNDER THE CONVENTION 


(1) The Parties to the Convention undertake to give effect to the provisions 
of the present Convention and those Annexes thereof by which they are bound, 
in order to prevent the pollution of the marine environment by the discharge 
of harmful substances or effluents containing such susbtances in contravention 
of the Convention. 

(2) Unless expressly provided otherwise, a reference to the present Convention 
constitutes at the same time a reference to is Protocols and to the Annexes. 


Article 2 


DEFINITIONS 


For the purposes of the present Convention, unless expressly provided other- 
wise: 

(1) “Regulations” means the Regulations contained in the Annexes to the 
present Convention. 

(2) “Harmful substance” means any substance which, if introduced into the 
sea, is liable to create hazards to human health, to harm living resources and 
marine life, to damage amenities or to interfere with other legitimate uses of 
the sea, and includes any substance subject to control by the present Convention. 

(3) (a) “Discharge”, in relation to harmful substances or effluents containing 
such substances, means any release howsoever caused from a ship and includes 
any escape, disposal, spilling, leaking, pumping, emitting or emptying. 

(b) “Discharge” does not include: 

(i) dumping within the meaning of the Convention on the Prevention of 
Marine Pollution by Dumping of Wastes and Other Matter done at 2ondon 
on 13 November 1972; 

(ii) release of harmful substances directly arising from the exploration, 
exploitation and associated off-shore processing of sea-bed mineral resources ; 
or 

(iii) release of harmful substances for purposes of legitimate scientific 
research into pollution abatement or control. 


84 


(4) “Ship” means a vessel of any type whatsoever operating in the marine 
environment and includes hydrofoil boats, air-cushion vehicles, submersibles, 
floating craft and fixed or floating platforms. 

(5) “Administration” means the Government of the State under whose author- 
ity the ship is operating. With respect to a ship entitled to fiy a flag of any 
State, the Administration is the Government of that State. With respect to fixed 
or floating platforms engaged in exploration and exploitation of the sea-bed and 
subsoil thereof adjacent to the coast over which the coastal State exercises 
sovereign rights for the purposes of exploration and exploitation of their natural 
resources, the Administration is the Government of the coastal State concerned. 

(6) “Incident” means an event involving the actual or probable discharge 
into the sea of a harmful substance, or effluents containing such a substance. 

(7) “Organization” mean the Inter-Governmental Maritime Consultative 
Organization. 

Article 8 


APPLICATION 


(1) The present Convention shall apply to: 
(a) ships entitled to fly the flag of a Party to the Convention; and 
(b) ships not entitled to fly the flag of a Party but which operate under 
the authority of a Party. 

(2) Nothing in the present Article shall be construed as derogating from or 
extending the sovereign rights of the Parties under international law over the 
sea-bed and subsoil thereof adjacent to their coasts for the purposes of explora- 
tion and exploitation of their natural resources. 

(3) The present Convention shall not apply to any warship, naval auxiliary 
or other ship owned or operated by a State and used, for the time being, only 
on government non-commercial service. However, each Party shall ensure by the 
adoption of appropriate measures not impairing the operations or operational 
capabilities of such ships owned or operated by it, that such ships act in a 
manner consistent, so far as is reasonable and practicable, with the present 
Convention. 

Article 4 


VIOLATION 


(1) Any violation of the requirements of the present Convention shall be pro- 
hibited and sanctions shall be established therefor under the law of the Admin- 
istration of the ship concerned wherever the violation occurs. If the Administra- 
tion is informed of such a violation and is satisfied that sufficient evidence is 
available to enable proceedings to be brought in respect of the alleged violation, 
it shall cause such proceedings to be taken as soon as possible, in accordance 
with its law. 

(2) Any violation of the requirements of the present Convention within the 
jurisdiction of any Party to the Convention shall be prohibited and sanctions 
shall be established therefor under the law of that Party. Whenever such a 
Violation occurs, that Party shall either: 

(a) cause proceedings to be taken in accordance with its law; or 
(b) furnish to the Administration of the ship such information and evi- 
dence as may be in its possession that a violation has occurred. 

(3) Where information or evidence with respect to any violation of the present 
Convention by a ship is furnished to the Administration of that ship, the Admin- 
istration shall promptly inform the Party which has furnished the information 
or evidence, and the Organization, of the action taken. 

(4+) The penalties specified under the law of a Party pursuant to the present 
Article shall be adequate in severity to discourage violations of the present 
Conveifion and shall be equally severe irrespective of where the violations occur. 


Article 5 


CERTIFICATES AND SPECIAL RULES ON INSPECTION OF SHIPS 


(1) Subject to the provisions of paragraph (2) of the present Article a cer- 
tificate issued under the authority of a Party to the Convention in accordance 
with the provisions of the Regulations shall be accepted by the other Parties 
and regarded for all purposes covered by the present Convention as having the 
same validity as a certificate issued by them. 


85 


(2) A ship required to hold a certificate in accordance with the provisions of 
the Regulations is subject while in the ports or off-shore terminals under the 
jurisdiction of a Party to inspection by officers duly authorized by that Party. 
Any such inspection shall be limited to verifying that there is on board a valid 
certificate, unless there are clear grounds for believing that the condition of the 
ship or its equipment does not correspond substantially with the particulars of 
that certificate. In that case, or if the ship does not carry a valid certificate, the 
Party carrying out the inspection shall take such steps as will ensure that the 
ship shall not sail until it can procced to sea without presenting an unreasonahle 
threat of harm to the marine environment. That Party may, however, grant such 
a ship permission to leave the port or off-shore terminal for the purpose of pro- 
ceeding to the nearest appropriate repair yard available. 

(3) If a Party denies a foreign ship entry to the ports or off-shore terminals 

under its jurisdiction or takes any action against such a ship for the reason that 
the ship does not comply with the provisions of the present Convention, the 
arty shall immediately inform the consul or diplomatic representative of the 
Party whose flag the ship is entitled to fly, or if this is not possible, the Admin- 
istration of the ship concerned. Before denying entry or taking such action the 
Party may request consultation with the Administration of the ship concerned. 
Information shall also be given to the Administration when a ship does pot 
carry a valid certificate in accordance with the provisions of the Regulations, 

(4) With respect to the ships of non-Parties to the Convention, Parties shall 
apply the requirements of the present Convention as may be necessary to ensure 
that no more favourable treatment is given to such ships. 


Article 6 


DETECTION OF VIOLATIONS AND ENFORCEMENT OF THLE CONVENTION 


(1) Parties to the Convention shall co-operate in the detection of violations 
and the enforcement of the provisions of the present Convention, using all ap- 
propriate and practicable measures of detection and environinental monitoring, 
adequate procedures for reporting and accumulation of evidence. 

(2) A ship to which the present Convention applies may, in any port or off- 
shore terminal of a Party, be subject to inspection by officers appointed or au- 
thorized by that Party for the purpose of verifying whether the ship has dis- 
charged any harmful substances in violation of the provisions of the Regula- 
tions. If an inspection indicates a violation of the Convention, a report shall be 
forwarded to the Administration for any appropriate action. 

(3) Any Party shall furnish to the Administration evidence, if any, that the 
ship has discharged harmful substances or effluents containing such substances 
in violation of the provisions of the Regulations. If it is practicable to do so, the 
competent authority of the former Party shall notify the master of the ship of 
the alleged violation. 

(4) Upon receiving such evidence, the Administration so informed shall 
investigate the matter, and may request the other Party to furnish further or 
better evidence of the alleged contravention. If the Administration is satisfied 
that sufficient evidence is available to enable proceedings to be brought in respect 
of the alleged violation, it shall cause such proceedings to be taken in accordance - 
with its law as soon as possible. The Administration shall promptly inform the 
Party which has reported the alleged violation, as well as the Organization, of 
the action taken. 

(5) A Party may also inspect a ship to which the present Convention applies 
when it enters the ports or off-shore terminals under its jurisdiction, if a request 
for an investigation is received from any Party together with sufficient evidence 
that the ship has discharged harmful substances or effluents containing such 
substances in any place. The report of such investigation shall be sent to the 
Party requesting it and to the Administration so that the appropriate action 

may be taken under the present Convention. 


Article 7 


UNDUE DELAY TO SHIPS 


(1) All possible efforts shall be made to avoid a ship being unduly detained 
or delayed under Articles 4, 5 and 6 of the present Convention. 


86 


(2) When a ship is unduly detained or delayed under Articles 4, 5 and 6 of 
the present Convention, it shall be entitled to compensation for any loss or 
damage suffered. 

Article 8 


REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES 


(1) A report of an incident shall be made without delay to the fullest extent 
possible in accordance with the provisions of Protocol I to the present Convention. 

(2) Each Party to the Convention shall : 

(a) make all arrangements necessary for an appropriate officer or agency 
to receive and process all reports on incidents ; and 

(b) notify the Organization with complete details of such arrangements 
for circulation to other Parties and Member States of the Organization. 

(3) Whenever a Party receives a report under the provisions of the present 
Article, that Party shall delay the report without delay to: 

(a) the Administration of the ship involved ; and 
(b) any other State which may be affected. 

(4) EKach Party to the Convention undertakes to issue instructions to its 
maritime inspection vessels and aircraft and to other appropriate services, to re- 
port to its authorities any incident referred to in Protocol I to the present Con- 
vention. That Party shall, if it considers it appropriate, report accordingly to 
the Organization and to any other party concerned. 


Article 9 


OTHER TREATIES AND INTERPRETATION 


(1) Upon its entry into force, the present Convention supersedes the Inter- 
national Convention for the Prevention of Pollution of the Sea by Oil, 1954, as 
amended, as between Parties to that Convention. 

(2) Nothing in the present Convention shall prejudice the codification and 
development of the law of the sea by the United Nations Conference on the Law 
of the Sea convened pursuant to Resolution 2750 C(XXV) of the General As- 
sembly of the United Nations nor the present or future claims and legal views 
of any State concerning the law of the sea and the nature and extent of coastal 
and flag State jurisdiction. 

(3) The term “jurisdiction” in the present Convention shall be construed in 
the light of international law in force at the time of application or interpreta- 
tion of the present Convention. 

Article 10 


SETTLEMENT OF DISPUTES 


Any dispute between two or more Parties to the Convention concerning the 
interpretation or application of the present Convention shall, if settlement by 
negotiation between the Varties involved has not been possible, and if these 
Parties do not otherwise agree, be submitted upon request of any of them to 
urbitration as set out in Protocol IIT to the present Convention. 


Article 11 
COMMUNICATION OF INFORMATION 


(1) The Parties to the Convention undertake to communicate to the Organiza- 
tion: 

(n) the text of laws, orders, decrees and regulations and other instru- 
ments which have been promulgated on the various matters within the scope 
of the present Convention ; 

(b) a list of non-governmental agencies which are authorized to act on 
their behalf in matters relating to the design, construction and equipment of 
ships carrying harmful substances in accordance with the provisions of the 
Regulations ; 

(c) a sufficient number of specimens of their certificates issned under 
the provisions of the Regulations: 

(a) a list of reception facilities including their location, capacity and 
available facilities and other characteristics : 

(e) official reports or summaries of official reports in so far as they show 
the results of the application of the present Conyention ; and 


87 


(f) an annual statistical report, in a form standardised by the Organiza- 
tion, of penalties actually imposed for infringement of the present Conven- 
tion. 

(2) The Organization shall notify Parties of the receipt of any communications 
under the present Article and circulate to all Parties any information commu- 
nicated to it under sub-paragraphs (1) (b) to (f) of the present Article. 


Article 12 


CASUALTIES TO SHIPS 


(1) Each Administration undertakes to conduct an investigation of any cas- 
ualty occurring to any of its ships subject to the provisions of the Regulations if 
such casualty has produced a major deleterious effect upon the marine environ- 
ment. 

(2) Each Party to the Convention undertakes to supply the Organiaztion with 
information concerning the findings of such investigation, when its judges that 
such information may assist in determining what changes in the present Con- 
vention might be desirable. 

Article 13 


SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 


(1) The present Convention shall remain open for signature at the Headquar- 
ters of the Organization from 15 January 1974 until 31 December 1974 and shall 
thereafter remain open for accession. States may become Parties to the present 
Convention by: 

(a) signature without reservation as to ratification, acceptance or ap- 
proval; or 

(b) signature subject to ratification, acceptance or approval, followed by 
ratification, acceptance or approval; or 

(ec) accession. 

(2) Ratification, acceptance, approval or accession shall be effected by the 
deposit of an instrument to that effect with the Secretary-General of the Or- 
ganization. 

(3) The Secretary-General of the Organization shall inform all States which 
have signed the present Convention or acceded to it of any signature or of the 
deposit of any new instrument of ratification, acceptance, approval or acces- 
sion and the date of its deposit. 

Article 14 


OPTIONAL ANNEXES 


(1) A State may at the time of signing, ratifying, accepting, approving or 
acceding to the present Convention declare that it does not accept any one or all 
of Annexes III, IV and V (hereinafter refered to as “Optional Annexes”) of the 
present Convention. Subject to the above, Parties to the Convention shall be 
bound by any Annex initsentirety. - 

(2) A State which has declared that it is not bound by an Optional Annex may 
at any time accept such Annex by depositing with the Organization an instru- 
ment of the kind referred to in Article 13(2). 

(3) A State which makes a declaration under paragraph (1) of the present 
Article in respect of an Optional Annex and which has not subsequently accepted 
that Annex in accordance with paragraph (2) of the present Article shall not 
be under any obligation nor entitled to claim any privileges under the present 
Convention in respect of matters related to such Annex and all references to 
Parties in the present Convention shall not include that State in so far as matters 
related to such Annex are concerned. 

(4) The Organization shall inform the States which have signed or acceded 
to the present Convention of any declaration under the present Article as well as 
the receipt of any instrument deposited in accordance with the provisions of 
paragraph (2) of the present Article. 


Articie 15 


ENTRY INTO FORCE 


- (1) The present Convention shall enter into force twelve months after the 
date on which not less than 15 States, the combined merchant fleets of which 


constitute not less than fifty per cent of the gross tonnage of the world’s mer- 
chant shipping, have become parties to it in accordance with Article 18. 

(2) An Optional Annex shall enter into force twelve months after the date on 
which the conditions stipulated in paragraph (1) of the present Article have 
been satisfied in relation to that Annex. 

(3) The Organization shall inform the States which have signed the present 
Convention or acceded to it of the date on which it enters into force and of the 
date on which an Optional Annex enters into force in accordance with paragraph 
(2) of the present Article. 

(4) For States which have deposited an instrument of ratification, accept- 
ance, approval or accession in respect of the present Convention or any Optional 
Annex after the requirements for entry into force thereof have been met but 
prior to the date of entry into force, the ratification, acceptance, approval or 
accession shall take effect on the date of entry into force of the Convention or 
such Annex or three months after the date of deposit of the instrument which- 
ever is the later date. 

(5) For States which have deposited an instrument of ratification, acceptance 
approval or accession after the date on which the Convention or an Optional 
Annex entered into force, the Convention or the Optional Annex shall become 
effective three months after the date of deposit of the instrument. 

(6) After the date on which all the conditions required under Article 16 to 
bring an amendment to the present Convention or an Optional Annex into force 
have bee fulfilled, any instrument of ratification, acceptance, approval or acces- 
sion deposited shall apply to the Oonvention or Annex as amended. 


Article 16 - 


AMENDMENTS 


(1) The present Convention may be amended by any of the procedures speci- 
fied in the following paragraphs. 
(2) Amendments after consideration by the Organization : 

(a) any amendment proposed by a Party to the Convention shall be sub- 
mitted to the Organization and circulated by its Secretary-General to all 
Members of the Organization and all Parties at least six months prior to 
its consideration ; 

(b) any amendment proposed and circulated as above shall be submitted 
to an appropriate body by the Organization for consideration ; 

(c) Parties to the Convention, whether or not Members of the Organiza- 
Hone shall be entitled to participate in the proceedings of the appropriate 
ody ; 

(d) amendments shall be adopted by a two-thirds majority of only the 
Parties to the Convention present and voting ; 

(e) if adopted in accordance with sub-paragraph (d) above, amendments 
shall be communicated by the Secretary-General of the Organization to all 
the Parties to the Convention for acceptance; 

(f) an amendment shall be deemed to have been accepted in the follow- 
ing circumstances: 

(i) an amendment to an Article of the Convention shall be deemed to 
have been accepted on the date on which it is accepted by two-thirds of 
the Parties, the combined merchant fleets of which constitute not less 
than fifty per cent of the gross tonnage of the world’s merchant fleet ; 

(ii) an amendment to an Annex to the Convention shall be deemed to 
have been accepted in accordance with the procedure specified in sub- 
paragraph (f) (iii) unless the appropriate body, at the time of its 
adoption, determines that the amendment shall be deemed to have been 
accepted on the date on which it is accepted by two-thirds of the Parties, 
the combined merchant fleets of which constitute not less than fifty per 
cent of the gross tonnage of the world’s merchant fieet. Nevertheless, at 
any time before the entry into force of an amendment to an Annex to 
the Convention, a Party may notify the Seeretary-General of the Orga- 
nization that its express approval will be necessary before the amend- 
ment enters into force for it. The latter shall bring such notification and 
the date of its receipt to the notice of Parties ; 

(iii) an amendment to an Appendix to an Annex to the Convention 
shall be deemed to have been accepted at the end of a period to be deter- 
mined by the appropriate body at the time of its adoption, which period 


89 


shall be not less than ten months, unless within that period an objection 
is communicated to the Organization by not less than one-third of the 
Parties or by the Parties the combined merchant fleets of which consti- 
tute not less than fifty per cent of the gross tonnage of the world’s mer- 
chant fleet whichever condition is fulfilled ; 

(iv) an amendment to Protocol I to the Convention shall be subject to 
the same procedures as for the amendments to the Annexes to the Con- 
vention, as provided for in sub-paragraphs (f) (ii) or (f) (iii) above; 

(v) an amendinent to Protocol II to the Convention shall be subject 
to the same procedures as for the amendments to an Article of the 
Convention, as provided for in sub-paragraph (f) (i) above; 

(g) the amendment shall enter into foree under the following conditions: 

(i) in the case of an amendment to an Article of the Convention, to 
Protocol II, or to Protocol I or to an Annex to the Convention not under 
the procedure specified in sub-paragraph (f) (iii), the amendment ac- 
cepted in conformity with the foregoing provisions shall enter into force 
six months after the date of its acceptance with respect to the Parties 
which have declared that they have accepted it ; 

(ii) in the case of an ainendment to Protoc ol TI, to an Appendix to an 
Annex or to an Annex to the Convention under the procedure specified 
in sub-paragraph (f) (iii), the amendment deemed to have been accepted 
in accordance with the foregoing conditions shall enter into force six 
months after its acceptance for all the Parties with the exception of 
those which, before that date, have made a declaration that they do not 
accept it or a declaration under sub-paragraph (f) (ii), that their express 
approval is necessary. 

(3) Amendment by a Conference: 

(a) Upon the request of a Party, concurred in by at least one-third of the 
Parties, the Organization shall convene a Conference of Parties to the Con- 
vention to consider amendments to the present Convention. 

(b) Every amendment adopted by such a Conference by a two-thirds 
majority of those present and voting of the Parties shall be communicated 
by the Secretary-General of the Organization to all Contracting Parties 
for their acceptance. 

. (ce) Unless the Conference decides otherwise, the amendment shall be 
deemed to have been accepted and to have entered into force in accordance 
with the procedures specified for that purpose in paragraph (2) (f) and (g) 
above. 

(4) (a) In the case of an amendment to an Optional Annex, a reference in the 
present Article to a “Party to the Convention” shall be deemed to mean a refer- 
ence to a Party bound by that Annex. 

(b) Any Party which has declined to accept an amendment to an Annex shall 
be treated as a non-Party only for the purpose of application of that amendment. 

(5) The adoption and entry ‘nto force of a new Annex shall be subject to the 
same procedures as for the adoption and entry into force of an amendment 
to an Article of the Convention. 

(6) Unless expressly provided otherwise, any amendment to the present Con- 
vention made under this Article which relates to the structure of a ship shall 
apply only to ships for which the building contract is placed, or in the absence 
of a building contract, the keel of which is laid, on or after the date on which 
the amendment comes into force. 

(7) Any amendment to a Protocol or to an Annex shall relate to the substance 
of that Protocol or Annex and shall be consistent with the Articles of the present 
Convention. 

(8) The Secretary-General of the Organization shall inform all Parties of 
any amendments which enter into force under the present Article, together 
with the date on which each such amendment enters into force. 

(9) An declaration of acceptance or of objection to an amendment under the 
present Article shall be notified in writing to the Secretary-General of the Or- 
ganization. The latter shall bring such notification and the date of its receipt to 
the notice of the Parties to the Convention. 


Article 17 


PROMOTION OF TECHNICAL CO-OPERATION 


The Parties to the Convention shall promote, in consultation with the Organi- 
zation and other international bodies, with assistance and co-ordination by the 


45-670 O- 75 -7 


90 


Executive Director of the United Nations Environment Programme, support 
for those Parties which request technical assistance for: 
(a) the training of scientific and technical personnel ; 
(b) the supply of necessary equipment and facilities for reception and 
monitoring ; 
(c) the facilitation of other measures and arrangements to prevent or 
mitigate pollution of the marine environment by ships; and 
(d) the encouragement of research. 


preferably within the countries concerned, so furthering the aims and purposes 
of the present Convention. 
Article 18 


* DENUNCIATION 


(1) The present Convention or any Optional Annex may be denounced by any 
Parties to the Convention at any time after the expiry of five years from the 
date on which the Convention or such Annex enters into force for that Party. 

(2) Denunciation shall be effected by notification in writing to the Secretary- 
General of the Organization who shall inform all the other Parties of any such 
notification received and of the date of its receipt as well as the date on which 
such denunciation takes effect. 

(3) A denunciation shall take effect twelve months after receipt of the notifi- 
eation of denunciation by the Secretary-General of the Organization or after the 
expiry of any other longer period which may be indicated in the notification. 


Article 19 


DEPOSIT AND REGISTRATION 


(1) The present Convention shall be deposited with the Secretary-General of 
the Organization who shall transmit certified true copies thereof to all States 
which have signed the present Convention or acceded to it. 

(2) As soon as the present Convention enters into force, the text shall be 
transmitted by the Secretary-General of the Organization to the Secretary- 
General of the United Nations for registration and publication, in accordance 
with Article 102 of the Charter of the United Nations. 


Article 20 
LANGUAGES 


The present Convention is established in a single copy in the English, French. 
Russian and Spanish languages, each text being equally authentic. Official 
translations in the Arabic, German, Italian and Japanese languages shall be 
prepared and deposited with the signed original. 

In Witness Whereof the undersigned being duly authorized by their respec- 
tive Governments for that purpose have signed the present Convention. 

Done at London this second day of November, one thousand nine hundred and 
seventy-three. 


INTER-GOVERNMENTAL MARITIME—CONSULTATIVE ORGANIZATION— 
INTERNATIONAL CONFERENCE ON MARINE POLLUTION, 1973, 
AGENDA ITEM 7 


CONSIDERATION OF A DRAFT INTERNATIONAL CONVENTION FOR THE VREVENTION 
OF POLLUTION FrRoM Sirips, 1973 


Tert of Protocols as agreed by the Drafting Committee 


Prorocot TO ARTICLE S (PRorocort, 1)—REGULATIONS CONCERNING REPORTS ON 
INCIDENTS INVOLVING ITARMFUL SUBSTANCES 


Regulation 1 


DUTY TO REPORT 


(1) The Master of a ship involved in an incident referred to in Regulation 3, 
or other person having charge of the ship, shall report the particulars of such 


91 


incident without delay and to the fullest extent possible in accordance with the 
provisions of this Protocol. 

(2) In the event of the ship referred to in paragraph (1) of this Regulation 
being abandoned, or in the event of a report from such ship being incomplete or 
unobtainable, the owner, charterer, manager or operator of the ship, or their 
agents shall, to the fullest extent possible assume the obligations placed upon 
the Master under the provisions of this Protocol. 


Regulation 2 


METHODS OF REPORTING 


(1) Each report shall be made by radio whenever possible, but in any case by 
the fastest channels available at the time the report is made. Reports made by 
radio shall be given the highest possible priority. 

(2) Reports shall be directed to the appropriate officer or agency specified in 
paragraph (38) of Artice &. 

Regulation 8 


WHEN TO MAKE REPORITS 


The report shall be made whenever an incident involves: 

(a) A discharge permitted under the present Convention by virtue of the fact 
that: (i) it is for the purpose of securing the safety of a ship or saving life at 
senior (ii) it results from damage to the ship or its equipment ; or 

(b)* A discharge of a harmful substance for the purpose of combating a specific 
pollution incident or for purposes of legitimate scientific research into poilution 
abatement or control: or 

(c) A discharge other than as permitted under the present Convention: or 

(d) The probability of a discharge referred to in sub-paragraphs (a), (b) or 
(c) of this Regulation. 

Regulation 4 


CONTENTS OF REPORT 


(1) Each report shall contain in general: (a) identity of ship; (b) the time 
and date of the occurrence of the incident; (¢) the position of the ship when 
the incident occurred; (d) the wind and sea conditions prevailing at the time 
of the incident: and (e) relevant details respecting the condition of the ship. 

(2) Mach report shall contain, in particular: (a) a clear indication or de- 
scription of the harmful substances involved, including if possible the correct 
technical names of such substances (trade names should not be used in place of 
the correct technical names) ; (b) a statement or estimate or the quantities, con- 
centrations and likely conditions of harmful substances discharged or likely 
to be discharged into the sea, and where relevant; (c) a description of the pack- 
aging and identifying marks, and if possible; (d) the name of the consignor, 
consignee or manufacturer. 

(3) Each report shall clearly indicate whether the harmful substance dis- 
charged, or likely to be discharged is oil, a noxious liquid substance, a noxious 
solid substance or a noxious gaseous substance and whether such substance was 
or is carried in bulk or contained in packaged form, freight containers, portable 
tanks, or road and rail tank wagons. 

(4) Each report shall be supplemented as necessary by any other relevant 
information requested by a recipient of the report or which the person sending 
the report deems appropriate. 

Regulation 5 


SUPPLEMENTARY REPORT 


Any person who is obligated under the provisions of this Protocol to send a 
‘report shall when possible; (a) supplement the initial report, as necessary, with 


1 Under the present Convention, such substances may only be used with the approval of 


the Administration and of the Government having the jurisdiction over the waters in which 
the substance is discharged. 


information concerning further development ; and (b) comply as fully as pos- 
sible with requests from affected States for additional information concerning 
the incident. 

ProtrocoL To ARTICLE II (PROTOCOL 2) 


ARBITRATION 


Article I 


Arbitration procedure, unless the Parties to the dispute decide otherwise, 
shall be in accordance with the rules set out in this Protocol. 


Article II 


(1) An Arbitration Tribunal shall be established upon the request of one Party 
to the Convention addressed to another in application of Article 10 of the present 
Convention. The request for arbitration shall consist of a statement of the case 
together with any supporting documents. 

(2) The requesting Party shall inform the Secretary-General of the Organi- 
zation of the fact that it has applied for the establishment of a Tribunal, of the 
names of the Parties to the dispute, and of the Articles of the Convention or 
Regulations over which there is in its opinion disagreement concerning their 
interpretation or application. The Secretary-General shall transmit this infor- 
ination to all Parties. 

Article III 


The Tribunal shall consist of three members: one Arbitrator nominated by 
each Party to the dispute,and a third Arbitrator who shall be nominated by 
agreement between the two first named, and shall act as its Chairman. 


Article IV 


(1) If, at the end of a period of sixty days from the nomination of the second 
Arbitrator, the Chairman of the Tribunal shall not have been nominated, the 
Secretary-General of the Organization upon request of either Party shall within 
a further period of sixty days proceed to such nomination, selecting from a list 
of qualified persons previously drawn up by the Council of the Organization. 

(2) If, within a period of sixty days from the date of the receipt of the request, 
one of the Parties shall not haye nominated the member of the Tribunal for 
whose designation it is responsible, the other Party may directly inform the Sec- 
retary-General of the Organization who shall nominate the Chairman of the 
Tribunal within a period of sixty days, selecting him from the list prescribed 
in paragraph (1) of the present Article. 

(3) The Chairman of the Tribunal shall, upon nomination, request the Party 
whieh has not provided an Arbitrator, to do so in the same manner and under 
the same conditions. If the Party does not make the required nomination, the 
Chuirman of the Tribunal shall request the Secretary-General of the Organiza- 
tion to make the nomination in the form and conditions prescribed in the pre- 
ceding paragraph. 

(4) The Chairman of the Tribunal, if nominated under the provisions of the 
present Article, shall not be or have been a national of one of the Parties con- 
cerned except with the consent of the other Party. 

(5) In the cise of the decease or default of an Arbitrator for whose nomination 
one of the Parties is responsible, the said Party shall nominate a replacement 
within a period of sixty days from the date of decease or default. Should the 
said Party not make the nomination, the arbitration shall proceed under the 
remaining Arbitrators. In case of the decease or default of the Chairman of the 
Tribunal, a replacement shall be nominated in accordance with the provisions of 
Article IIT above, or in the absence of agreement between the members of the 
Tribunal within a period of sixty days of the decease or default, according to the 
provisions of the present Article. 

Article V 


The Tribunal may hear and determine counter-claims arising directly out of 
the subject matter of the dispute. 


93 


Article VI 


Bach Party shall be responsible for the renumeration of its Arbitrator and 
connected costs and for the costs entailed by the preparation of its own case, 
Half of the remuneration of the Chairman of the Tribunal and of all general 
expenses incurred by the Arbitration shall be borne by each Party. The Tribunal 
shall keep a record of all its expenses and shall furnish a final statement thereof. 


Article VII 


Any Party to the Convention which has an interent of a legal nature which 
may be affected by the decision in the case may, after giving written notice to 
the Parties which have originally initiated the procedure, join in the arbitration 
procedure with the consent of the Tribunal. 


Article VIII 


Any Arbitration Tribunal established under the provisions of the present Pro- 
tocol shall decide its own rules of procedure. 


Article IX 


(1) Decisions of the Tribunal both as to its procedure and its place of meeting 
and as to any question laid before it, shall be taken by majority vote of its 
members; the absence or abstention of one of the members of the Tribunal for 
whose nomination the Parties were responsible shall not constitute an inpedi- 
ment to the Tribunal reaching a decision. In cases of equal voting, the Chairman 
shall be decisive. 

(2) The Parties shall facilitate the work of the Tribunal and in particular, 
in accordance with their legislation, and using all means at their disposal: (a) 
provide the Tribunal with the necessary documents and information; (b) enable 
the Tribunal to enter their territory, to hear witnesses or experts, and to visit 
the scene. 

(3) Absence or default of one Party shall not constitute an impediment to 
the procedure. 

Article X 


(1) The Tribunal shall render its award within a period of five months from 
the time it is established unles it decides, in the case of necessity, to extend 
the time limit for a further period not exceeding three months. The award of 
the Tribunal shall be accompanied by a statement of reasons. It shall be final 
and without appeal and shall be communicated to the Secretary-General of the 
Organization. The Parties shall immediately comply with the award. 

(2) Any controversy which may arise between the Parties as regards interpre- 
tation or execution of the award may be submitted by either Party for judgment 
to the Tribunal which made the award, or, if it is not available to another Tri- 
bunal constituted for this purpose, in the same manner as the original Tribunal. 


INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION From SuHips, 1973 
Teat of Annex I of the Convention Adopted by the Conference 
ANNEX I—REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL 
CHAPTER I—GENERAL 
Regulation 1 


DEFINITIONS 


For the purposes of this Annex: 

(1) “Oil” means petroleum in any form including crude oil, fuel oil, sludge, 
oil refuse and refined products (other than petrochemicals which are subject to 
the provisions of Annex II of the present Convention) and, without limiting 


94 


the generality of the foregoing, includes the substances listed in Appendix I to 
this Annex. 

(2) “Oily mixture’ means a mixture with any oil content. 

(3) “Oil fuel” means any oil used as fuel in connexion with the propulsion 
and auxiliary machinery of the ship in which such oil is carried. 

(4) “Oil tanker’ means a ship constructed or adapted primarily to carry oil 
in bulk in its cargo spaces and includes combination carriers and any ‘chemical 
tanker” as defined in Annex II of the present Convention when it is carrying a 
cargo or part cargo of oil in bulk. 

(5) “Combination carrier’ means a ship designed to carry either oil or solid 
cargoes in bulk. 

(6) “New ship” means a ship: (a) for which the building contract is placed 
after 31 December 1975; or (b) in the absence of a building contract, the keel 
of which is laid or which is at a similar stage of construction after 30 June 
1976; or (c) the delivery of which is after 31 December 1979; or (d) which has 
undergone a major conversion : 

(i) for which the contract is placed after 31 Decemeber 1975; or 

(ii) in the absence of a contract, the construction work of which is be- 
gun after 30 June 1976; or 

(iii) which is completed after 81 December 1979. 

(7) “Existing ship’? means a ship is not a new ship. 

(8S) “Major conversion” means a conversion of an existing ship: (a) which 

substantially alters the dimensions or carrying capacity of the ship; or (b) 
which changes the type of the ship; or (¢c) the intent of which in the opinion 
of the Administration is substantially to prolong its life: or (da) which other- 
wise so alters the ship that if it were a new ship, it would become subject to 
relevant provisions of the present Convention not applicable to it as an existing 
ship. 
(0) “Nearest land”. The term “from the nearest land” means from the base- 
line from which the territorial sea of the territory in question is established in 
accordance with international law, except that, for the purposes of the present 
Convention “from the nearest land” off the north eastern coast of Australia 
shall mean from a line drawn from a point on the coast of Australia in latitude 
11° South, longitude 142°08’ East to a point in latitude 10°35’ South, longitude 
141°55’ Kast—thence to a point latitude 10°00’ South, longitude 142°00’ East, 
thence to a point latitude 9°10’ South, longitude 148°52’ East, thence to a point 
latitude 9°00’ South, longitude 144°30’ East, thence to a point latitude 13°00’ 
South, longitude 144°00’ East, thence to a point latitude 15°00’ South. longitude 
146°00’ East, thence to a point latitude 18°00’ South. longitude 147°0O0’ East, 
thence to a point latitude 21°00’ South, longitude 153°00’ East, thence to a point 
on the coast of Australia in latitude 24°42’ South, longitude 153°15’ East. 

(10) “Special area” means a sea area where for recognized technical reasons 
in relation to its oceanographical and ecological condition and to the particular 
character of its traffic the adoption of special mandatory methods for the pre- 
vention of sea pollution by oil is required. Special areas shall include those 
listed in Regulation 10 of this Annex. 

(11) “Instantaneous rate of discharge of oil content” means the rate of dis- 
charge of oil in litres per hour at any instant divided by the speed of the ship in 
knots at the same instant. 

(12) “Tank” means an enclosed space which is formed by the permanent struc- 
ture of a ship and which is designed for the carriage of liquid in bulk. 

(13) “Wing tank” means any tank adjacent to the side shell plating. 

(14) “Centre tank” means any tank inboard of a longitudinal bulkhead. 

(15) “Slop tank” means a tank specifically designated for the collection of 
tank drainings, tank washings and other oily mixtures. 

(16) “Clean ballast” means the ballast in a tank which since oil was last 
carried therein, has been so cleaned that effluent therefrom if it were discharged 
from a ship which is stationary into clean calm water on a clear day would not 
produce visible traces of oil on the surface of the water or on adjoining shore 
lines or cause a sludge or emulsion to be deposited beneath the surface of the 
water or upon adjoining shore lines. If the ballast is discharged through an oil 
discharge monitoring and control system approved by the Administration, evi- 
dence based on such a system to the effect that the oil content of the effluent did 
not exceed 15 parts per million shall be determinative that the ballast was clean, 
notwithstanding the presence of visible traces. 


95 


(17) “Segregated ballast” means the ballast water introduced into a tank 
which is completely separated from the cargo oil and oil fuel system and which 
is permanently allocated to the carriage of ballast or to the carriage of ballast 
or cargoes other than oil or noxious substances as variously defined in the 
Annexes of the present Convention. 

(18) “Length” (J.) means 96 per cent of the total length on a waterline at 
85 per cent of the least moulded depth measured from the top of the keel, or the 
length from the fore side of the stem to the axis of the rudder stock on that 
waterline, if that be greater. In ships designed with a rake of keel the waterline 
on which this length is measured shall be parallel to the designed waterline. The 
length (1) shall be measured in metres. 

(19) “Korward and after perpendiculars” shall be taken at the forward and 
after ends of the length (I.). The forward perpendicular shall coincide with the 
foreside of the stem on the waterline on which the length is measured. 

(20) “Amidships” is at the middle of the length (1). 

(21) “Breadth” (13) means the maximum breadth of the ship, measured amid- 
ships to the moulded line of the frame in a ship with a metal shell and to the 
outer surface of the hull in a ship with a shell of any other material. The breadth 
(B) shall be measured in metres. 

(22) “Deadweight” (DW) means the difference in metric tons between the dis- 
placement of a ship in water of a specitic gravity of 1.025 at the load water line 
corresponding to the assigned summer freeboard and the lightweight of the 
ship. 

(23) “Lightweight” means the displacement of a ship in metric tons without 
cargo, oil fuel, lubricating oil, ballast water, fresh water and feedwater in tanks, 
consumable stores, passengers and their effects. 

(24) “Permeability” of a space means the ratio of the volume within that 
space which is assumed to be occupied by water to the total volume of that space. 

(25) “Volumes” and “areas” in a ship shall be calculated in all cases to 
moulded lines. 

Regulation 2 


APPLICATION 


(1) Unless expressly provided otherwise, the provisions of this Annex shall 
apply to all ships. 

(2) In ships other than oil tankers fitted with cargo spaces which are con- 
structed and utilized to carry oil in bulk of an aggregate capacity of 200 cubic 
metres or more, the requirements of Regulations 9, 10, 14, 15(1), (2) and (3), 
18, 20 and 24(4) of this Annex for oil tankers shall also apply to the construc- 
tion and operation of those spaces, except that where such aggregate capacity 
is less than 1,000 cubic metres the requirements of Regulation 15(4) of this 
Annex may apply in lieu of Regulation 15(1), (2) and (8). 

(8) Where a cargo subject to the provisions of Annex II of the present Con- 
vention is carried in a cargo space of an oil tanker, the appropriate requirements 
of Annex II of the present Convention shall also apply. 

(4) (a) Any hydrofoil, air-cushion vehicle and other new type of vessel (near 
surface craft, submarine craft, etc.) whose constructional features are such as 
to render the application of any of the provisions of Chapters II and III of this 
Annex relating to construction and equipment unreasonable or impracticable 
may be exempted by the Administration from such provisions, provided that the 
construction and equipment of that ship provides equivalent protection against 
pollution by oil, having regard to the service for which it is intended. . 

(b) Particulars of any such exemption granted by the Administration shall 
be indicated in the Certificate referred to in Regulation 5 of this Annex. 

(c) The Administration which allows any such exemption shall, as soon 
as possible, but not more than ninety days thereafter, communicate to the Orga- 
nization particulars of same and the reasons therefor, which the Organization 
shall circulate to the Parties to the Convention for their information and appro- 
priate action, if any. 

Regulation 3 


EQUIVALENTS 


(1) The Administration may allow any fitting, material, appliance or appara- 
tus to be fitted in a ship as an alternative to that required by this Annex if such 


96 


fitting, material, appliance or apparatus is at least as effective as that required 
by this Annex. This authority of the Administration shall not extend to substi- 
tution of operational methods to effect the control of discharge of oil as equiva- 
lent to those design and construction features which are prescribed by Regula- 
tions in this Annex. 

(2) The Administration which allows a fitting, material, appliance or appa- 
ratus, as an alternative to that required by this Annex Shall communicate to the 
Organization for circulation to the Parties to the Convention particulars thereof, 
for their information and appropriate action, if any. 


Regulation 4 


SURVEYS 


(1) Every oil tanker of 150 tons gross tonnage and above, and every other 
ship of 400 tons gross tonnage and above shall be subject to the surveys specified 
below : 

(a) An initial survey before the ship is put in Service or before the certificate 
required under Regulation 5 of this Annex is issued for the first time, which 
shall include a complete survey of its structure, equipment, fittings, arrange- 
ments and material insofar as the ship is covered by this Annex. 

This survey shall be such as to ensure that the structure, equipment, fittings. 
arrangements and material fully comply with the applicable requirements of 
this Annex. 

(b) Periodical surveys at intervals specified by the Administration, but not 
exceeding five years, which shall be such as to ensure that the structure, equip- 
ment, fittings, arrangements and material fully comply with the applicable re- 
quirements of this Annex. However, where the duration of the International Oil 
Pollution Prevention Certificate (1973) is extended as specified in Regulation 
8(3) or (4) of this Annex, the interval of the periodical survey may be extended 
correspondingly. 

(c) Intermediate surveys at intervals specified by the Administration but 
not exceeding thirty months, which shall be such as to ensure that the equip)- 
ment and associated pump and piping systems, including oil discharge monitor- 
ing and control systems, oily-water separating equipment and oil filtering systems, 
fully comply with the applicable requirements of this Annex and are in good 
working order. Such intermediate surveys shall be endorsed on the International 
Oil Pollution Prevention Certificate (1973) issued under Regulation 5 of this 
Annex. 

(2) The Administration shall establish appropriate measures for ships which 
are not subject to the provisions of paragraph (1) of this Regulation -in order 
to ensure that the applicable provisions of this Annex are complied with. 

(3) Surveys of the ship as regards enforcement of the provisions of this 
Annex shall be carried out by officers of the Administration. The Administration 
may, however, entrust the surveys either to surveyors nominated for the purpose 
or to organizations recognized by it. In every case the Administration concerned 
fully guarantees the completeness and efficiency of the surveys. 

(4) After any survey of the ship under this Regulation has been completed, 
no significant change shall be made in the structure, equipment, fittings, arrange- 
ments or material covered by the survey without the sanction of the Administra- 
tion, except the direct replacement of such equipment or fittings. 


Regulation 5 


ISSUE OF CERTIFICATE 


(1) An International Oil Pollution Prevention Certificate (1973) shall he 
issued, after survey in accordance with the provisions of Regulation 4 of this 
Annex, to any oil tanker of 150 tons gross tonnage and above and any other 
ships of 400 tons gross tonnage and ahove which are engaged in voyages to ports 
or offshore terminals under the jurisdiction of other Parties to the Convention. 
In the case of existing ships this requirement shall apply twelve months after 
the date of entry into force of the present Convention. 

(2) Such Certificate shall be issued either by the Administration or hy any 
persons or organization duly authorized by it. In every case the Administration 
ussumes full responsibility for the certificate. 


Regulation 6 


ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT 


(1) The Government of a Party to the Convention may, at the request of the 
Administration, cause a ship to be surveyed and, if satisfied that the provisions 
of this Annex are complied with, shall issue or authorize the issue of an Inter- 
national Oil Pollution Prevention Certificate (1973) to the ship in accordance 
with this Annex. 

(2) A copy of the Certificate and a copy of the survey report shall be trans- 
mitted as soon as possible to the requesting Administration. 

(3) A Certificate so issued shall contain a statement to the effect that it has 
been issued at the request of the Administration and it shall have the same 
force and receive the same recognition as the Certificate issued under Regulation 
5 of this Annex. 

(4) No International Oil Pollution Prevention Certilicate (1978) shall be 
issued to a ship which is entitled to fly the flag uf a State which is not a 
Party. é 
Regulation 7 


FORM OF CERTIFICATE 


The International Oil Pollution Prevention Certificate (1973) shall be drawn 
up in the official language or languages of the issuing country in the form corre- 
sponding to the model given in Appendix II to this Annex. If the language used 
is neither English nor French, the text shall include a translation into one of 
these languages. 

Regulation 8 


DURATION OF CERTIFICATE 


(1) An International Oil Pollution Prevention Certificate (1973) shall be 
issued for a period specified by the Administration, which shall not exceed five 
years from the date of issue, except as provided in paragraphs (2), (3) and (4) 
of this Regulation. ; 

(2) If a ship at the time when the Certificate expires is not in a port or off- 
shore terminal under the jurisdiction of the Party to the Convention whose 
flag the ship is entitled to fly, the certificate may be extended by the Administra- 
tion, but such extension shall be granted only for the purpose of allowing the 
ship to complete its voyage to the State whose flag the ship is entitled to fly or 
in which it is to be surveyed and then only in cases where it appears proper and 
reasonable to do so. 

(3) No Certificate shall be thus extended for a period longer than five months 
and a ship to which such extension is granted shall not on its arrival in the 
State whose flag it is entitled to fly or the port in which it is to be surveyed, 
be entitled by virtue of such extension to leave that port or State without having 
obtained a new Certificate. 

(4) A Certificate which has not been extended under the provisions of para- 
graph (2) of this Regulation may be extended by the Administration for a 
period of grace of up to one month from the date of expiry stated on it. 

(5) A Certificate shall cease to be valid if significant alterations have taken 
place in the construction, equipment, fittings, arrangements, or material required 
without the sanction of the Administration, except the direct replacement of such 
equipment or fittings, or if intermediate surveys as specified by the Administra- 
tion under Regulation 4(1) (c) of this Annex are not carried out. 

(6) A Certificate issued to a ship shall cease to be valid upon transfer of such 
a ship to the flag of another State, except as provided in paragraph (7) of this 
Regulation. 

(7) Upon transfer of a ship to the flag of another Party, the Certificate shall 
remain in force for a period not exceeding five months provided that it would 
not have expired before the end of that period, or until the Administration issues 
a replacement Certificate, whichever is earlier. As soon as possible after the 
transfer has taken place the Government of the Party whose flag the ship was 
formerly entitled to fly shall transmit to the Administration a copy of the Certifi- 
cate carried by the ship before the transfer and, if available, a copy of the rele- 
vant survey report. 


98 


CirrAPTER II—REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION 
Regulation 9 


CONTROL DISCHARGE OF OIL 


(1) Subject to the provisions of Regulations 10 and 11 of this Annex and 
paragraph (2) of this Regulation, any discharge into the sea of oil or oily mix- 
tures from ships to which this Annex applies shall be prohibited except when 
all the following conditions are satisfied : 

(a) For an oil tanker, except as provided for in sub-paragraph (b) of this 
paragraph: (i) the tanker is not within a special area; (ii) the tanker is more 
than 50 nautical miles from the nearest land; (iii) the tanker is proceeding en 
route; (iv) the instantaneous rate of discharge of oil content does not exceed 60 
litres per nautical mile; (v) the total quantity of oil discharged into the sea does 
exceed for existing tankers 1/15,000 of the total quantity of the particular cargo 
of which the residue formed a part, and for new tankers 1/30,000 of the total 
quantity of the particular cargo of which the residue formed a part; and (iv) 
the tanker has in operation, except as provided for in Regulation 15(3) of this 
Annex, an oil discharge monitoring and control system and a slop tank arrange- 
ment as required by Regulation 15 of this Annex ; 

(b) From a ship of 400 tons gross tonnage and above other than an oil tanker 
and from machinery space bilges excluding cargo pump room bilges of an oil 
tanker unless mixed with vil cargo residue: (i) the ship is not within a speciul 
aurea; (ii) the ship is more than 12 nautical miles from the nearest land; (iii) 
the ship is proceeding en route; (iv) the oil content of the effluent is less than 
100 parts per million; and (v) the ship has in operation an oil discharge moni- 
toring and control system, oily water separating equipment, oil filtering systein 
or other installation as required by Regulation 16 of this Annex. 

(2) In the case of a ship of less than 400 tons gross tonnage other than an oil 
tanker whilst outside the special area, the Administration shall ensure that it is 
equipped as far as practicable and reasonable with installations to ensure the 
storage of oil residues on board and their discharge to reception facilities or into 
the sea in compliance with the requirements of paragraph (1) (b) of this Regu- 
lation. 

(3) Whenever yisible traces of oil are observed on or below the surface of the 
water in the immediate vicinity of a ship or its wake, Governments of Parties to 
the Convention should, to the extent they are reasonably able to do So, promptly 
investigate the facts bearing on the issue of whether there has been a violation of 
the provisions of this Regulation or Regulation 10 of this Annex. The investiga- 
tion should include, in particular, the wind and sea conditions, the track and 
speed of the ship, other possible sources of the visible traces in the vicinity, and 
any relevant oil discharge records. 

(4) The provisions of paragraph (1) of this Regulation shall not apply to the 
discharge of clean or segregated ballast. The provisions of sub-paragraph (1) (b) 
of this Regulation shall not apply to the discharge of oily mixture which without 
dilution has an oil content not exceeding 15 parts per million. — 

(5) No discharge into the sea shall contain chemicals or other substances in 
quantities or concentrations which are hazardous to the marine environment or 
chemicals or other substances introduced for the purpose of circumventing the 
conditions of discharge specified in this Regulation. 

(6) The oil residues which cannot be discharged into the sea in compliance 
with paragraphs (1), (2) and (4) of this Regulation shall be retained on board 
or discharged to reception facilities. 


Regulation 10 


METHODS FOR TIE PREVENTION OF OIL POLLUTION FROM SHIPS WIILE OPERATING 
IN SPECIAL AREAS 


(1) For the purpose of this Annex the special areas are the Mediterranean Sea 
area, the Bultic Sea area, the Black Sea area, the Red Sea area and the “Gulls 
area” which are defined as follows: 

(a) The Mediterranean Sea area means the Mediterranean Sea proper includ- 
ing the gulfs and seas therein with the boundary between the Mediterranean 


we 


and the Black Sea constituted by the 41°N parallel and bounded to the west by 
the Straits of Gibraltar at the meridian of 5°36’W. . 

(b) The Baltic Sea area means the Baltic Sea proper with the Gulf of Bothnia, 
the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel 
of the Skaw in the Skagerrak at 57°44.8’N. 

(c) The Black Sea area means the Black Sea proper with the boundary between 
the Mediterranean and the Black Sea constituted by the parallel 41°N. 

(d) The Red Sea area means the Red Sea proper including the Gulfs of Suez 
and Aqaba bounded at the south by the rhumb line between Ras is Ane 
(12°8.5’N, 43°19.6’E) and Husn Murad (12°40.4'N, 43°30.2’B). 

(e) The “Gulfs area” means the sea area located north west of the rhumb 
line between Ras al Hadd (22°30’N, 59°48’E) and Ras Al Fasteh (25°04’'N, 
61°25’). 

(2) (a) Subject to the provisions of Regulation 1] of this Annex, any discharge 
into the sea of oil or oily mixture from any oil tanker end any ship of 400 tons 
sross tonnage and above other than an oil tanker shall be prohibited, while in a 
special area. 

(b) Such ships while in a special area shall retain on board all oil drainage 
and sludge, dirty ballast and tank washing waters and discharge them only to 
reception facilities. 

(3) (a) Subject to the provisions of Regulation 11 of this Annex, any discharge 
into the sea of oil or oily mixture from a ship of less than 400 tons gross ton- 
nage, other than an oil tanker, shall be prohibited while in a special ar@a, except 
when the oil content of the effluent without dilution does not exceed 15 parts 
per million or alternatively when all of the following conditions are satisfied : 
(i) the ship is proceeding en route; (ii) the oil content of the effluent is less 
than 100 parts per million; and (iii) the discharge is made as far ag practicable 
from the land, but in no case jess than 12 nautical miles from the nearest land. 

(b) No discharge into the sea shall contain chemicals or other substances in 
quantities or concentrations which are hazardous to the marine environment 
or chemicals or other substances introduced for the purpose of circumventing 
the conditions of discharge specified in this Regulation. 

(c) The oil residues which cannot be discharged into the sea in compliance 
with sub-paragraph (a) of this paragraph shall be retained on board or dis- 
charged to reception facilities. 

(4) The provisions of this Regulation shall not apply to the discharge of clean 
or segregated ballast. 

(5) Nothing in this Regulation shall prohibit a ship on a voyage only part of 
which is in a special area from discharging outside the special area in accord- 
ance with Regulation 9 of this Annex. 

(G) Whenever visible traces of oil are observed on or below the surface of the 
water in the immediate vicinity of a ship or its wake, the Governments of 
Parties to the Convention should, to the extent they are reasonably able to 
do so, promptly investigate the facts bearing on the issue of whether there 
has been a violation of the provisions of this Regulation or Regulation 9 of 
this Annex. The investigation should include, in particular, the wind and sea 
conditions, the track and speed of the ship, other possible sources of the visible 
traces in the vicinity, and any relevant oil discharge records. 

(7) Reception facilities within special areas: 

(a) Mediterranean Sea, Black Sea and Baltic Sea areas. 

(i) The Government of each Party to the Convention, the coastline of which 
borders on any given special area undertakes to ensure that not later than 
1 January 1977 all oil loading terminals and repair ports within the special 
area are provided with facilities adequate for the reception and treatment of 
all the dirty ballast and tank washing water from oil tankers. In addition all 
ports within the special area shall be provided with adequate reception facilities 
for other residues and oily mixtures from all ships. Such facilities shall have 
adequate capacity to meet the needs of the ships using them without causing 
undue delay. 

(ii) The Government of each Party having under its jurisdiction entrances to 
seawater courses with low depth contour which might require a reduction of 
draught by the discharge of ballast undertakes to ensure the provision of the 
facilities referred to in sub-paragraph (a) (i) of this paragraph but with the 
proviso that ships required to discharge slops or dirty ballast could be subject to 
some delay. 


100 


(iii) During the period between the entry into force of the present Conven- 
tion (if earlier than 1 January 1977) and 1 January 1977 ships while navigat- 
- ing in the special areas shall comply with the requirements of Regulation 9 of 
this Annex. However the Governments of Parties the coastlines of which border 
any of the special areas under this sub-paragraph may establish a date earlier 
than 1 January 1977 but after the date of entry into force of the present Con- 
vention, from which the requirements of this Regulation in respect of the special 
areas in question shall take effect: (1) if all the reception facilities required 
have been provided by the date so established ; and (2) provided that the Parties 
concerned notify the Organization of the date so established at least six months 
in advance, for circulation to other parties. 

(iv) After 1 January 1977, or the date established in accordance with sub- 
paragraph (a) (iii) of this paragraph if earlier, each Party shall notify the 
Organization for transmission to the Contracting Governments concerned of all 
cases where the facilities are alleged to be inadequate. 

(b) Red Sea area and “Gulf area.” 

(i) The Government of each Party the coastline of which borders on the 
special areas undertakes to ensure that as soon as possible all oil loading 
terminals and repair ports within these special areas are provided with facilities 
adequate for the reception and treatment of all the dirty ballast and tank 
washing water from tankers. In addition all ports within the special area shall 
be provided with adequate reception facilities for other residues and oily mix- 
tures fr8m all ships. Such facilities shall have adequate capacity to meet the 
needs of the ships using them without causing undue delay. 

(ii) The Government of each Party having under its jurisdiction entrances to 
seawater courses with low depth contour which might require a reduction of 
draught by the discharge of ballast shall undertake to ensure the provision of 
the facilities referred to in subparagraph (b) (i) of this paragraph but with 
the proviso that ships required to discharge slops or dirty ballast could be sub- 
ject to some delay. 

(iii) Hach Party concerned shall notify the Organization of the measures 
taken pursuant to provisions of sub-paragraph (b) (i) and (ii) of this paragraph. 
Upon receipt of sufficient notifications the Organization shall establish a date 
from which the requirements of this Regulation in respect of the area in ques- 
tion shall take effect. The Organization shall notify all Parties of the date so 
established no less than twelve months in advance of that date. 

(iv) During the period between the entry into force of the present Convention 
and the date so established, ships while navigating in the special area shall 
comply with the requirements of Regulation 9 of this Annex. 

(v) After such date oil tankers loading in ports in these special areas where 
such facilities are not yet available shall also fully comply with the require- 
ments of this Regulation. However, oil tankers entering these special areas for 
the purpose of loading shall make every effort to enter the area with only clean 
ballast on board. 

(vi) After the date on which the requirements for the special area in question 
take effect, each Party shall notify the Organization for transmission to the 
Parties concerned of all cases where the facilities are alleged to be inadequate. 

(vii) At least the reception facilities as prescribed in Regulation 12 of this 
Annex shall be provided by 1 January 1977 or one year after the date of entry 
into force of the present Convention, whichever occurs later. 


Regulation 11 


EXCEPTION 


Regulations 9 and 10 of this Annex shall not apply to: 

(a) The discharge into the sea of oil or oily mixture necessary for the purpose 
of securing the safety of a ship or saving life at sea; or 

(b) The discharge into the sea of oil or oily mixture resulting from damage to 
‘ ship or ifs equipment; (i) provided that all reasonable preeautions have been 
taken after the occurrence of the damage or discovery of the discharge for the 
purpose of preventing or minimizing the discharge; and (ii) except if the owner 
or the Master acted either with intent to cause damage, or recklessly and with 
knowledge that damage would probably result ; or 

(c) The discharge into the sea of substances containing oil, approved by the 
Administration, when being used for the purpose of combating specific pollution 


101 


incidents in order to minimize the damage from pollution. Any such discharge 
shall be subject to the approval of any Government in whose jurisdiction it is 
contemplated the discharge will occur. 


Regulation 12 


RECEPTION FACILITIES 


(1) Subject to the provisions of Regulation 10 of this Annex, the Government 
of each Party undertakes to ensure the provision at oil loading terminals, repair 
ports, and in other ports in which ships have oily residues to discharge, of facili- 
ties for the reception of such residues and oily mixtures as remain from oil tank- 
ers and other ships adequate to meet the needs of the ships using them without 
causing undue delay to ships. 

(2) Reception facilities in accordance with paragraph (1) of this Regulation 
shall be provided in: 

(a) All ports and terminals in which crude oil is loaded into oil tankers where 
such tankers have immediately prior to arrival completed a ballast voyage of 
not more than 72 hours or not more than 1,200 nautical miles; 

(b) All ports and terminals in which oil other than crude oil in bulk is loaded 
at an average quantity of more than 1,000 metric tons per day; 

(c) All ports having ship repair yards or tank cleaning facilities; 

(d) All ports and terminals which handle ships provided with the sludge 
tank(s) required by Regulation 17 of this Annex; 

(e) All ports in respect of oily bilge waters and other residues, which can- 
not be discharged in accordance with Regulation 9 of this Annex; and 

(f) All loading ports for bulk cargoes in respect of oil residues from com- 
bination carriers which cannot be discharged in accordance with Regulation 9 of 
this Annex. 

(3) The capacity for the reception facilities shall be as follows: 

(a) Crude oil loading terminals shall have sufficient reception facilities to re- 
ceive oil and oily mixtures which cannot be discharged in accordance with the 
provisions of Regulation 9(1) (a) of this Annex from all oil tankers on voyages 
as described in paragraph (2) (a) of this Regulation. 

(b) Loading ports and terminals referred to in paragraph (2)(b) of this 
Regulation shall have sufficient reception facilities to receive oil and oily mix- 
tures which cannot be discharged in accordance with the provisions of Regulation 
9(1)(a) of this Annex from oil tankers which load oil other than crude oil in 
bulk. 


(c) All ports having ship repair yards or tank cleaning facilities shall have 
sufficient reception facilities to receive all residues and oily mixtures which 
remain on board for disposal from ships prior to entering such yards or facilities. 

(d) All facilities provided in ports and terminals under paragraph (2) (d) of 
this Regulation shall be sufficient to receive all residues retained according to 
Regulation 17 of this Annex from all ships that may reasonably be expected to 
call at such ports and terminals. 

(e) All facilities provided in ports and terminals under this Regulation shall 
be sufficient to receive oily bilge waters and other residues which cannot be 
discharged in accordance with Regulation 9 of this Annex. 

(f) The facilities provided in loading ports for bulk cargoes shall take into 
account the special problems of combination carriers as appropriate. 

(4) The reception facilities prescribed in paragraphs (2) and (3) of this 
Regulation shall be made available no later than one year from the date of 
entry into force of the present Convention or by 1 January 1977, whichever 
occurs later. 

(5) Each Party shall notify the Organization for transmission to the Parties 
concerned of all cases where the facilities provided under this Regulation are 
alleged to be inadequate. 

Regulation 138 


SEGREGATED BALLAST OIL TANKERS 


(1) Every new oil tanker of 70,000 tons deadweight and above shall be pro- | 
vided with segregated ballast tanks and shall comply with the requirements of 
this Regulation. 

(2) The eapacity of the segregated ballast tanks shall be so determined that 
the slip may operate safely on ballast voyages without recourse to the use of 


102 


oil tanks for water ballast except as provided for in paragraph (38) of this Reg- 
ulation. In all cases, however, the capacity of segregated ballast tanks shall be at 
least such that in any ballast condition at any part of the voyage, including the 
conditions consisting of lightweight plus segregated ballast only, the ship's 
draugh.s and trim can meet each of the following requirements: 

(a) The moulded draught amidships (dm) in metres (without taking into 
account any ship’s deformation) shall not be less than: dm=2.0+0.02 L. 

(b) The draughts at the forward and after perpendiculars shall correspond to 
those determined by the draught amidships (dm), as specified in sub-paragraph 
(a) of this paragraph, in association with the trim by the stern of not greater 
than 0.015 L, and 

(c) In any case the draught at the after perpendicular shall not be less than 
that which is necessary to obtain full immersion of the propeller(s). 

(3) In no case shall ballast water be carried in oil tanks except in weather 
conditions so severe that, in the opinion of the Master, it is necessary to carry 
additional ballast water in oil tanks for the safety of the ship. Such additional 
ballast water shall be processed and discharged in compliance with Regulation 
9 and in accordance with the requirements of Regulation 15 of this Annex, and 
tat shall be made in the Oil Record Book referred to in Regulation 20 of this 

nnex. 

(4) Any oil tanker which is not required to be provided with segregated bal- 
last tanks in accordance with paragraph (1) of this Regulation may, however, be 
qualified as a segregated ballast tanker, provided that in the case of an oil tanker 
of 150 metres in length and above it fully complies with the requirements of 
paragraphs (2) and (8) of this Regulation and in the case of an oil tanker of 
less than 150 metres in length the segregated ballast conditions shall be to the 
satisfaction of the Administration. 


Regulation 14 


SEGREGATION OF OIL AND WATER BALLAST 


(1) Except as provided in paragraph (2) of this Regulation, in new ships 
of 4,000 tons gross tonnage and above other than oil tankers, and in new oil 
tankers of 150 tons gross tonnage and above, no ballast water shall be carried 
in any oil fuel tank. 

(2) Where abnormal conditions or the need to carry large quantities of oil 
fuel render it necessary to carry ballast water which is not a clean ballast in 
any oil fuel tank, such ballast water shall be discharged to reception favilities 
or into the sea in compliance with Regulation 9 using the equipment specified 
in Reeulation 16(2) of this Annex, and an entry shall be made in the Oil 
Record Book to this effect. 

(3) All other ships shall comply with the requirements of paragraph (1) of 
this Regulation as far as reasonable and practicable. 


Regulation 15 


RETENTION OF OIL ON BOARD 


(1) Subject to the provisions of paragraphs (5) and (8) of this Regulation, oil 
tankers of 150 tons gross tonnage and above shall be provided with arrangements 
in accordance with the requirements of paragraphs (2) and (3) of this Regula- 
tion, provided that in the case of existing tankers the requirements for oil 
discharge monitoring and control systems and slop tank arrangements shall 
apply three years after the date of entry into force of the present Convention. 

(2) (a) Adequate means shall be provided for cleaning the cargo tanks and 
transferring the dirty ballast residue and tank washings from the cargo tanks 
info 2 slop tank approved by the Administration. In existing oil fankers, any 
cargo tank may be designated as a slop tank. 

()) In this system arrangements shall be provided to transfer the oily waste 
into a slop tank or combination of slop tanks in such a way that any effluent 
discharged into the sea will be such as to comply with the provisions of Regula- 
tion 9 of this Annex. 

(c) The arrangements of the slop tank or combination of slop tanks shall have 
a capacity necessary to retain the slops generated by tank washing, oil residues 
and dirty ballast résidues but the total shall be not less than 3 per cent of the 
oil carrying capacity of the ship, except that, where segregated ballast tank~ 


103 


tre provided in accordance with Regulation 18 of this Annex, or where arrange- 
ments such as eductors involving the use of water additional to the washing 
water are not fitted, the Administration may accept 2 per cent. New oil tankers 
over 70,000 tons deadweight shall be provided with at least two slop tanks. 

(7) Slop tanks shall be so designed particularly in respect of the position 
of inlets, outlets, baffles or weirs where fitted, so as to avoid excessive turbulence 
and entrainment of oil or emulsion with the water. 

(3) (a) An oil discharge monitoring and control system approved by the 
Administration shall be fitted. In considering the design of the oil content 
meter to be incorporated in the system, the Administration shall have regard 
to the specification recommended by the Organization.’ The system shall be 
fitted with a recording device to provide a continuous record of the discharge 
in litres per nautical mile and total quantity discharged, or the oil content 
amd rate cf discharge. This record shall be identifiable as to time and date 
and shall be kept for at least three years. The oil discharge monitor and control 
system shall come into operation when there is any discharge of effluent into 
the sea and shall be such as will ensure that any discharge of oily mixture is 
automatically stopped when the instantaneous rate of discharge of oil exceeds 
that permitted by Regulation 9(1) (a) of this Annex. Any failure of this moni- 
toring and control system shall stop the discharge and be noted in the Oil Record 
Book. A manually operated alternative method shall be provided and may be 
used in the event of such failure, but the defective unit shall be made operable 
hefore the oil tanker commences its next ballast voyage unless it is proceed- 
ing to a repair port. Existing oil tankers shall comply with all of the provisions 
specified above except that the stopping of the discharge may -be performed 
manually and the rate of discharge may be estimated from the pump character- 
istic. 

(b) Effective oil/water interface detectors approved by the Administration 
shall be provided for a rapid and accurate determination of the oil/water 
interface in slop tanks and shall be available for use in other tanks where the 
separation. of oil and water is effected and from which it is intended to dis- 
charge effluent direct to the sea. 

(c) Instructions as to the operation of the system shall be in accordance with 
an operational manual approved by the Administration. They shall cover manual 
nus well aS automatic operations and shall be intended to ensure that at no 
time shall oil be discharged except in compliance with the conditions specified 
in Regulation 9 of this Annex.? 

(4) The requirements of paragraph (1), (2) and (8) of this Regulation 
shall not apply to oil tankers of less than 150 tons gross tonnage, for which 
the control of discharge of oil under Regulation 9 of this Annex shall be effected 
by the retention of oil on board with subsequent discharge of all contaminated 
washings to reception facilities. The total quantity of oil and water used for 
wishing and returned to a storage tank shall be recorded in the Oil Record 
Rook. This total quantity shall be discharged to reception faciilties unless 
adequate arrangements are made to ensure that any effluent which is allowed 
to be discharged into the sea is effectively monitored to ensure that the pro- 
visions of Regulation 9 of this Annex are complied with. 

(5) The Administration may waive the requirements of paragraphs (1), (2) 
and (3) of this Regulation for any oil tanker which engages exclusively on 
voyages both of 72 hours or less in duration and within 50 miles from the 
nearest land, provided that the oil tanker is not required to hold and does not 
hold an International Oil Pollution Prevention Certificate (1973). Any such 
waiver shall be subject to the requirement that the oil tanker shall retain on 
board all oily mixtures for subsequent discharge to reception facilities and to 
the determination by the Administration that facilities available to receive such 
oily mixtures are adequate. 

(6) Where in the view of the Organization equipment required by Regula- 
tion 9(1) (a) (vi) of this Annex and specified in sub-paragraph (3) (a) of this 
Regulation is not obtainable for the monitoring of discharge of light refined 
products (white oils), the Administration may waive compliance with such 
requirement, provided that discharge shall be permitted only in compliance 


1 Reference is made to Recommendations on International Performance Specifications for 
Qilv-Water Separating Equipment and Oil Content Meters adopted by the Organization by 
Resolution A.253( VII). 

2 Reference is made to “Clean Seas Guide for Oil Tankers,” published by the International 
tional Chanter ef Shipping and the Oil Companies International Marine Forum. 


104 


with procedures established by the Organization which shall satisfy the con- 
ditions of Regulation 9(1)(a) of this Annex except the obligation to have an 
oil discharge monitoring and control system in operation. The Organization 
prem ia the availability of equipment at intervals not exceeding twelve 
months. 

(7) The requirements of paragraphs (1), (2) and (3) of this Regulation 
shall not apply to oil tankers carrying asphalt, for which the control of discharge 
of asphalt under Regulation 9 of this Annex shall be effected by the retention of 
asphalt residues on board with discharge of all contaminated washings to recep- 


tion facilities. 
Regulation 16 


OIL DISCHARGE MONITORING AND CONTROL SYSTEM AND OILY WATER SEPARATING 
EQUIPMENT 


(1) Any ship of 400 tons gross tonnage and above shall be fitted with an oily 
water separating equipinent or filtering system complying with the provisions of 
paragraph (6) of this Regulation. Any such ship which carries large quantities 
of oil fuel shall comply with paragraph (2) of this Regulation or paragraph (1) 
of Regulation 14. 

(2) Any ship of 10,000 tons gross tonnage and above shall be fitted: 

(a) In addition to the requirements of paragraph (1) of this Regulation with 
an oil discharge monitoring and cuntrol system complying with paragraph (5) 
of this Regulation; or 

(vb) As an alternative to the requirements of paragraph (1) and sub-paragraph 
(2) (a) of this Regulation, with an vily water separating equipment complying 
with paragraph (6) of this Regulation and an effective filtering system, comply- 
ing with paragraph (7) of this Regulation. 

(3) The Adininistration shall ensure that that ships of less than 400 tons ¢ross 
tonnage are equipped, as far as practicable, to retain on board oil or oily Mix- 
tures or discharge them in accordance with the requirements of Regulation 
9(1) (b) of this Annex. 

(4) For existing ships the requirements of paragraphs (1), (2) and (3) of this 
Regulation shall apply three years after the date of entry into force of the 
present Convention. 

(5) An oil discharge monitoring and control system shall be of a design ap- 
proved by the Administration. In considering the design of the oil content meter 
to he ineorporated into the system, the Administration shall have regard to the 
specification recommended by the Organization.’ The system shall be fitted with a 
recording device to provide a continuous record of the oil content in parts per 
million. This record shall be identifiable as to time and date and shall be Kept 
for at least three years, The monitoring and control system shall come into oper- 
ation when there is any discharge of effluent into the sea and shall be such us 
will ensure that any discharge of oily mixture is automatically stopped when the 
oil content of effluent exceeds that permitted by Regulation 9(1)(b) > of this 
Annex. Any failure of this monitoring and control system shall stop the dis- 
charge and be noted in the Oil Record Book. The defective unit shall be made 
operable before the ship commences its next voyage unless it is proceeding to 2 
repair port. Existing ships shall comply with all of the provisions specified above 
except that the stopping of the discharge may be performed manually. 

(6) Oily water separating equipment or an oil filtering system shal] be of a 

design approved by the Administration and shall be such as will ensure that any 
oily mixture discharged into the sea after passing through the separator or 
filtering systems shall have an oil content of not more than 100 parts per mil- 
lion. In considering the design of such equipment. the Administration shall have 
regard to the specification reeommended by the Organization.’ 
(7) The oil filtering system referred to in paragraph (2) ¢b) of this Reeulation 
shall be of a design approved by the Administration and shall be such that it will 
accept the discharge from the separating system and produce an effluent the oil 
content of which does not exceed 15 parts per million. Tt shall be provided with 
alarm arrangements to indicate when this level cannot be maintained. 


1 Reference is made to the Recommendation on International Performance Sneeifications 
for Oily-Water Separating Equipment and Oi] Content Meters adopted by the Organization 


by Resolution A.233(VIT). 
> Reference is made to the Recommendation on Tnternational Performance Specifications 


for Oily-Water Separating Equipment and Oil Content Meters adopted by the Organization 
by Resolution A.285 (VII). 


105 


Regulation 17 


TANKS FOR OIL RESIDUES (SLUDGE) 


(1) Every ship of 400 tons gross tonnage and above shall be provided with a 
tank or tanks of adequate capacity, having regard to the type of machinery and 
length of voyage, to receive the oily residues (sludges) which cannot be dealt 
with otherwise in accordance with the requirements of this Annex, such as those 
resulting from the purification of fuel and lubricating oils and oil leakages in the 
machinery spaces. 

(2) In new ships, such tanks shall be designed and constructed so as to 
facilitate their cleaning and the discharge of residues to reception facilities. 
bixisting ships shall comply with this requirement as far as is reasonable and 
practicable. 

Regulation 18 


PUMPING, PIPING AND DISCHARGE ARRANGEMENTS OF OIL TANKERS 


(1) In every oil tanker, a discharge manifold for connexion to reception 
facilities tor the discharge of dirty ballast water or oil contaminated water shall 
be located on the open deck on both sides of the ship. 2 

(2) In every oil tanker, pipelines for the discharge to the sea of effluent which 
may be permitted under Regulation 9 of this Annex shall be led to the open deck 
or to the ship's side above the waterline in the deepest ballast condition. Differ- 
ent piping arrangements to permit operation in the manner permitted in sub- 
paragraphs (4) (a) and (b) of this Regulation may be accepted. 

3) In new oil tankers means shall be provided for stopping the discharge of 
effluent into the sea from a position on upper deck or above located so that the 
manifold in use referred to in paragraph (1) of this Regulation and the effluent 
from the pipelines referred to in paragraph (2) of this Regulation may be vis- 
ually observed. Means for stopping the discharge need not be provided at the 
observation position if a positive communication system such as telephone or 
radio system is provided between the observation position and the discharge con- 
trol position. 

(4) All discharges shall take place above the waterline except as follows: 

(a) Segregated ballast and clean ballast may be discharged below the water- 
line in ports or at offshore terminals. 

(0) Existing ships which. without modification, are not capable of discharging 
segregated ballast above the waterline may discharge segregated ballast below 
the waterline provided that an examination of the tank immediately before the 
discharge bas established that no contamination with oil has taken place. 


Regulation 19 


STANDARD DISCHARGE CONNECTION 


To enable pipes of reception facilities to be connected with the ship’s dis- 
charge pipe line for residues from machinery bilges, both lines shall be fitted 
with a standard discharge connection in accordance with the following table: 


STANDARD DIMENSIONS OF FLANGES FOR DISCHARGE CONNECTIONS 


Description : Dimension : 
Outside diameter_____._._________- 215 mm. 
Inner diameter____-_____________ According to pipe outside diameter. 
Bolt circle diameter______________ 183 mm. 
Slots in flange___________________ 6 holes 22 mm. in diameter equi-dis- 


tantly placed on a bolt circle of 
the above diameter, slotted to the 
flange periphery. The slot width 
to be 22 mm. 

Flange thickness_________________ 20 mm. 

Bolts and nuts: quantiy, diameter_ 6, each of 20 mm. in diameter and 
of suitable length. 


The flange is designed to accept pipes up to a maximum internal diameter of 
125 mm. and shall be of steel or other equivalent material having a flat face. 


45-670 O- 75 - 8 


106 


This flange, together with a gasket of oilproof material, shall be suitable for a 
service presure 6 kg/cm’. 
Regulation 20 


OIL RECORD BOOK 


(1) Every oil tanker of 150 tons gross tonnage and above and every ship of 
400 tons gross tonnage and above other than an oil tanker shall be provided 
with an Oil Record Book, whether as part of the ship’s official log book or other- 
wise, in the form specified in Appendix III to this Annex. 

(2) The Oil Record Book shall be completed on each occasion, on a tank-to- 
tank basis, whenever any of the following operations take place in the ship: 

(a) For oil tankers: 

(i) Loading of oil cargo; 

(ii) Internal transfer of oil cargo during voyage ; 

(iii) Opening or closing before and after loading and unloading operations 
of valves or similar devices which inter-connect cargo tanks; 

(iv) Opening or closing of means of communication between cargo piping 
and seawater ballast piping; 

(v) Opening or closing of ships’ side valves before, during and after oe 
and unloading operations; 

(vi) Unloading of oil cargo; 

(vii) Ballasting of cargo tanks; 

viii) Cleaning of cargo tanks; 

(ix) Discharge of ballast except from segregated ballast tanks; 

(x) Discharge of water from slop tanks; 

(xi) Disposal of residues; 

(xii) Discharge overboard of bilge water which has accumulated in machinery 
space whilst in port, and the routine discharge at sea of bilge water has ac- 
cumulated in machinery spaces. 

(b) For ships other than oil tankers: 

(i) Ballasting or cleaning of fuel oil tanks or oil cargo spaces ; 

(ii) discharge of ballast or cleaning water from tanks referred to under (i) 
of this sub-paragraph ; 

(iii) disposal of residues ; 

(iv) discharge overboard of bilge water which has accumulated in machinery 
spaces whilst in port, and the routine discharge at sea of bilge water which has 
accumulated in machinery spaces. 

(3) In the event of such discharge of oil or oily mixture as is referred to in 
Regulation 11 of this Annex or in the event of accidental or other exceptional 
discharge of oil not excepted by that Regulation, a statement shall be made in 
the Oil Record Book of the circumstances of, and the reasons for, the discharge. 

(4) Each operation described in paragraph (2) of this Regulation shall be fully 
recorded without delay in the Oil Record Book so that all the entries in the 
book appropriate to that operation are completed. Each section of the book shall 
be sigued by the officer or ofticers in charge of the operations concerned and shall 
be countersigned by the Master of the ship. The entries in the Oil Record Book 
shall be in an official language of the State whose flag the ship is entiiled to ily, 
and, for ships holding an International Oil Pollution Prevention Certificate, 
(1973) in English or French. The entries in an official national language of the 
State whose flag the ship is entitled to fly shall prevail in case of a dispute or 
discrepancy. 

(5) The Oil Reeord Book shall be kept in such a place as to be readily avail- 
able for inspection at all reasonable times’and, except in the case of mmmanned 
ships under tow, shall be kept on board the ship. It shall be preserved for a 
period of three years after the lust entry has been made. 

(7) The competent authority of the Government of a Party to the Convention 
may inspect the Oil Reeord Book on board any ship to which this Annex applies 
while the ship is in its port or offshore terminals and may make a copy of any 
entry in that book and may require the Master of the ship to certify that the 
copy is a true copy of such entry. Any copy so made which has heen certificd 
by the Master of the ship as a true copy of an entry in the ship’s Oil Record Book 
shall be made admissible in any judicial proceedings as evidence of the facts 
stated in the entry. The inspection of an Oil Record Book and the taking of a 
certified copy by the competent authority under this paragraph shall be per- 
formed as expeditiously as possible without causing the ship to be unduly 
delayed. 


107 


Regulation 21 
SPECIAL REQUIREMENTS FOR DRILLING RIGS AND OTHER PLATFORMS 


Fixed and floating drilling rigs when engaged in the exploration, exploitation 
and associated offshore processing of sea-bed mineral resources and other plat- 
forms shall comply with the requirements of this Annex applicable to ships of 
400 tons gross tonnage and above other than oil tankers, except that: 

(a) they shall be equipped as far as practicable with the installations required 
in Regulations 16 and 17 of this Annex; 

(ob) they shall keep a record of all operations involving oil or oily mixture 
discharges, in a form approved by the Administration; and 

(c) in any special area and subject to the provisions of Regulation 11 of this 
Annex, the discharge into the sea of oil or oily mixture shall be prohibited ex- 
cept when the oil content of the discharge without dilution does not exceed 15 
parts per million. 


CuaprTer III 


REQUIREMENTS FOR MINIMIZING O1L POLLUTION From O1L TankERS DUE TO 
Sipe aNnD Botton DAMAGES 


Regulation 22 
DAMAGE ASSUMPTIONS 


For the purpose of calculating hypothetical oil outflow from oil tankers, three 
dimensions of the extent of damage of a parallelepiped on the side and bottom of 
the ship are assumed as follows. In the case of bottom damages two conditions are 
set forth to be applied individually to the stated portions of the oil tanker. 

(a) Side damage: 

(i) Longitudinal extent (1,): 1427/3 or 14.5 metres, whichever is less. 
(ii) Transverse extent (¢.): B/5 or 11.5 metres, whichever is less. 
(Inboard from the ship’s side at right angles to the centreline 
at the level of the summer load line.) 
(iii) Vertical extent (v.): from the base line upward without limit. 
(b) Bottom damage: For 0.3L from the forward perpendicular of ship. Any other 
part of ship. 
(i) Longitudinal extent (/,): L/10, L/10 or 5 metres, whichever is less. 
(ii) Transverse extent (¢,): B/6 or 10 metres, whichever is less but not 
less than 5 metres, 5 metres. 
(iii) Vertical extent from the base line (v,): B/15 or 6 metres, whichever 
is less. 

(2) Wherever the symbols given in this Regulation appear in this Chapter, 

they have the meaning as defined in this Regulation. 


Regulation 23 
HYPOTHETICAL OUTFLOW OF OIL 


(1) The hypothetical outflow of oil in the case of side damage (O,) and bottom 
damage (O,) shall be calculated by the following formulae with respect to com- 
partments breached by damage to all conceivable locations along the length of 
the ship to the extent as defined in Regulation 22 of this Annex. 


(a) for side damages: 
0.=2Wit+2KiC; (I) 
0,=1/3(2Z2;Wi+ 2Z;C}) (II) 


(b) for bottom damages: 


where: 

W=volume of a wing tank in cubic metres assumed to be breached by the 
damage as specified in Regulation 22 of this Annex; W; for a segre- 
gated ballast tank may be taken equal to zero, 

C,=volume of a centre tank in cubic metres assumed to be breached by the 
damage as specified in Regulation 22 of this Annex; C; for a segregated 
ballast tank may be taken equal to zero, 

K,=1—(bi/te); when 5; is equal to or greater than ¢., K; shall be taken equal 

: to zero, 

Zi:=1—(hi/v.) ; when h, is equal to or greater than v,, Z; shall be taken equal 
to zero, 


108 


b;=width of wing tank in metres under consideration measured inboard 
from the ship’s side at right angles to the centreline at the level 
corresponding to the assigned summer freeboard. 

hy=minimum depth of the double bottom in metres under consideration ; 
where no double bottom is fitted hy shall be taken equal to zero, 


Whenever symbols given in this paragraph appear in this chapter, they have 
the meaning as defined in this Regulation. 

(2) If a void space or segregated ballast tank of a length less than 7. as 
defined in Regulation 22 of this Annex is located between wing oil tanks, O. in 
formula (I) may be calculated on the basis of volume W, being the actual 
volume of one such tank (where they are of equal capacity) or the smaller of 
the two tanks (if they differ in capacity), adjacent to such space, multiplied 
by S; as defined below and taking for all other wing tanks involved in such a 
collision the value of the actual full volume. 


Si:=1—1,/l. 


where: /,=length in metres of void space or segregated ballast tank under 
consideration. 

(3) (@) Credit shall only be given in respect of double bottom tanks which 
are either empty or carrying clean water when cargo is carried in the tanks 
above. 

(b) Where the double bottom does not extend for the full length and width 
of the tank involved, the double bottom is considered non-existent and the vol- 
ume of the tanks above the area of the bottom damage shall be included in 
formula (II) even if the tank is not considered breached because of the installa- 
tion of such a partial double bottom. 

(c) Suction wells may be neglected in the determination of the value hi, pro- 
vided such wells are not excessive in area and extend below the tank for a mini- 
mum distance and in no case more than half the height of the double bottom. If 
the depth of such a well exceeds half the height of the double bottom, h; shall be 
taken equal to the double bottom height minus the well height. 

Piping serving such wells if installed within the double bottom shall be fitted 
with valves or other closing arrangements located at the point of connection to 
the tank served to prevent oil outflow in the event of damage to the piping. Such 
piping shall be installed as high from the bottom shell as possible. These valves 
shall be kept closed at sea at any time when the tank contains oil cargo, except 
that they may be opened only for cargo transfer needed for the purpose of trim- 
ming of the ship. 

(4) In the case where bottom damage simultaneously involves four centre 
tanks, the value of O, may be calculated according to the formula 


0,=1/4(2Z,;Wy+2Z,C;) (111) 


(5) An Administration may credit as reducing oil outflow in case of bottom 
damage, an installed cargo transfer system having an emergency high suction 
in each cargo oil tank, capable of transferring from a breached tank or tanks to 
segregated ballast tanks or to available cargo tankage if it can be assured that 
such tanks will have sufficient ullage. Credit for such a system would be gov- 
erned by ability to transfer in two hours of operation, oil equal to one half of 
the largest of the breached tanks involved and by availability of equivalent re- 
ceiving capacity in ballast or cargo tanks. The credit shall be confined to per- 
mitting calculation of O, according to formula (TIT). The pipes for such sue- 
tions shall be installed at least at a height not less than the vertical extent of the 
bottom damage vs. The Administration shall supply the Organization with the in- 
formation concerning the arrangements accepted by it, for circulation to other 
Parties to the Convention. 

Regulation 24 


LIMITATION OF SIZE AND ARRANGEMENT OF OARGO TANKS 


(1) Every new oil tanker shall comply with the provisions of this Regulation. 
Overy existing oil tanker shall be required, within two years after the date of 
entry into force of the present Convention, to comply with the provisions of this 
Regulation if such a tanker falls into either of the following categories: 
(a) a tanker, the delivery of which is after 1 January 1977; or 
(b) a tanker to which both the following conditions apply : 
(i) delivery is not later than 1 January 1977 and 


+ 


109 


(ii) the building contract is placed after 1 January 1974, or in cases where 
no building contract has previously been placed, the keel is laid or the tanker 
is at a similar stage of construction after 30 June 1974. 

(2) Cargo tanks of oil tankers shall be of such size and arrangements that the 
hypothetical outlow O, and O, calculated in accordance with the provisions of 
Regulation 23 of this Annex anywhere in the length of the ship does not exceed 
30,000 cubic metres or 400°/DW, which ever is the greater, but subject to a 
maximum of 40,000 cubic metres. 

(3) The volume of any one wing cargo oil tank of an oil tanker shall not ex- 
ceed seventy-five per cent of the limits of the hypothetical oil outflow referred to 
in paragraph (2) of this Regulation. The volume of any one centre cargo oil 
tank shall not exceed 50,000 cubic metres. However in segregated ballast oil 
tankers as defined in Regulation 13 of this Annex, the permitted volume of a 
wing cargo oil tank situated between two segregated ballast tanks, each exceed- 
ing 7. in length, may be increased to the maximum limit of hypothetical oil out- 
flow provided that the width of the wing tanks exceeds tc. 

(4) The length of each cargo tank shall not exceed 10 metres or one of the 
following values, whichever is the greater: 

(a) where no longitudinal bulkhead is provided : 


0.1L 
(b) where a longitudinal bulkhead is provided at the centreline only: 
0.15L 


(c) where two or more longitudinal bulkheads are provided : 
(i) for wing tanks: 
0.2L 
(ii) for centre tanks: 
(1) if 6:/B is equal to or greater than &%: 


0.2L 
(2) if b1/B is less than 4%: 
where no centreline longitudinal bulkhead is provided : 
vr (0.5 b:/B+0.1)L 
where a centreline longitudinal bulkhead is provided : 
(0.25 6,/B-++-0.15) L 


(5) In order not to exceed the volume limits established by paragraphs (2), 
(3) and (4) of this Regulation and irrespective of the accepted type of cargo 
transfer system installed, when such system interconnects two or more cargo 
tanks, valves or other similar closing devices shall be provided for separating 
the tanks from each other. These valves or devices shall be closed when the 
tanker is at sea. 

(6) Lines of piping which run through cargo tanks in a position less than ?¢. 
from the ship’s side or less than v. from the ship’s bottom shall be fitted with 
valves or similar closing devices at the point at which they open into any cargo 
tank. These valves shall be kept closed at sea at any time when the tanks contain 
cargo oil, except that they may be opened only for cargo transfer needed for the 
purpose of trimming of the ship. 


Regulation 25 


SUBDIVISION AND STABILITY 


(1) Every new oil tanker shall comply with the subdivision and damage 
stability criteria as specified in paragraph (3) of this Regulation, after the 
assumed side or bottom damage as specified in paragraph (3) of this Regulation, 
for any operating draught reflecting actual partial or full load conditions con- 
sistent with trim and strength of the ship as well as specific gravities of the 
cargo. Such damage shall be applied to all conceivable locations along the length 
of the ship as follows: ; 

(a) in tankers of more than 225 metres in length, anywhere in the ship’s 
length ; 

(bd) in tankers of more than 150 metres, but not exceeding 225 metres in length. 
anywhere in the ship’s length except involving either after or forward bulkhead 


110 


bounding the machinery space located aft. The machinery space shall be treated 
as a single floodable compartment ; 

(c) in tankers not exceeding 150 metres in length, anywhere in the ship's 
length between adjacent transverse bulkheads with the exception of the machin- 
ery space. For tankers of 100 metres or less in length where all requirements of 
paragraph (3) of this Regulation cannot be fulfilled without materially impair- 
ing the operational qualities of the ship, Administrations may allow relaxations 
from these requirements. 

Ballast conditions where the tanker is not carrying oil in cargo tanks excluding 
any oily residues, shall not be considered. 

(2) The following provisions regarding the extent and the character of the 
assumed damage shall apply : 

(a) the extent of side or bottom damage shall be as specified in Regulation 
22 of this Annex, except that the longitudinal extent of bottom damage within 
0.3L from the forward perpendicular shall be the same as for side damage, as 
specified in Regulation 22(1)(a)(i) of the Annex. If any damage of lesser 
extent reults in a more severe condition such damage shall be assumed. 

(b) where the damage involving transverse bulkheads is envisaged as spe- 
cified in sub-paragraphs (1)(a) and (b) of this Regulation, transverse water- 
tight bulkheads shall be spaced at least at a distance equal to the longitudinal 
extent of assumed damage specified in sub-paragraph (a) of this paragraph in 
order to be considered effective. Where transverse bulkheads are spaced at a 
lesser distance, one or more of these bulkheads within such extent of damage 
shall be assumed as non-existent for the purpose of determining flooded com- 
partments. 

(c) Where the damage between adjacent transverse watertight bulkheads is 
envisaged as specified in sub-paragraph (1) (c) of this Regulation, no main trans- 
verse bulkhead or a transverse bulkhead bounding side tanks or double bottom 
tanks shall be assumed damaged, unless: 

(i) the spacing of the adjacent bulkheads is less than the longitudinal 
extent of assumed damage specified in sub-paragraph (a) of this paragraph ; 
or 

(ii) there is a step or a recess in a transverse bulkhead of more than 3.05 
metres in length, located within the extent of penetration of assumed dam- 
age. The step formed by the after peak bulkhead and after peak tank top 
shall not be regarded as a step for the purpose of this Regulation. 

(d) If pipes, ducts or tunnels are situated within the assumed extent of dam- 
age, arrangements shall be made so that progressive flooding cannot thereby 
extend to compartments other than those assumed to be floodable for each case 
of damage. 

(3) Oil tankers shall be regarded as complying with the damage stability 
criteria if the following requirements are met: 

(a) The final waterline, taking into account sinkage, heel and trim, shall be 
below the lower edge of any opening through which progressive flooding may take 
place. Such openings shall include air pipes and those which are closed by means 
of weathertight doors or hatch covers and may exclude those openings closed by 
means of watertight manhole covers and flush scuttles, small watertight cargo 
tank hatch covers which maintain the high integrity of the deck, remotely oper- 
ated watertight sliding doors, and side scuttles of the non-opening type. 

(b) In the final stage of flooding, the angle of heel due to unsymmetrical flood- 
ing shall not exceed 25 degrees, provided that this angle may be increased up to 
30 degrees if no deck edge immersion occurs. 

(c) The stability in the final stage of flooding shall be investigated and may 
be regarded as sufficient if the righting lever curve has at least a range of 20 
degrees beyond the position of equilibrium in association with a maximum resid- 
ual righting lever of at least 0.1 metre. The Administration shall give considera- 
tion to the potential hazard presented by protected or unprotected openings 
which may become temporarily immersed within the range of residual stability. 

(d@) The Administration shall be satisfied that the stability is sufficient during 
intermediate stages of flooding. 

(4) The requirements of paragraph (1) of this Regulation shall be confirmed 
by caleulations which take into consideration the design characteristics of the 
ship, the arrangements, configuration and contents of the damaged compart- 
ments; and the distribution, specific gravities and the free surface effect of 
liquids. The calculations shall be based on the following: 

(a) Account shall be taken of any empty or partially filled tank, the specific 
gravity of cargoes carried, as well as any outflow of liquids from damaged com- 
partments, 


111 


(b) The permeabilities are assumed as follows: 


Spaces: Permeability 
AT propriatedstomtanesseeree een et | OL ONE ET Oe e? 0.60. 
Occupied byiaccommodation=s- 22642. 2002 22s ae 0.95. 
Occupieddbyimachin eye ssa ss oe Pe a ee 0.85 
VOU Ses is Se ere cece 1 emcee SRDS 23 ae OL) OE SE 0.95. 
Intended for consumable liquids________-____-__-______________ 10 or 0.95. 
Intendedtor/othenliquids= 22525 -2s2 Sees eee ee 70 to 0.95. 


t Whichever results in the more severe requirements. 
2 The permeability of partially filled compartments shall be consistent with the amount 
of liquid carried. 


(c) The buoyancy of any superstructure directly above the side damage shall be 
disregarded. The unflooded parts of superstructures beyond the extent of dam- 
age, however, may be taken into consideration provided that they are separated 
from the damaged space by watertight bulkheads and the requriements of sub- 

aragraph (3) (a) of this Regulation in respect of these intact spaces are com- 
plied with. Hinged watertight doors may be acceptable in watertight bulkheads 
in the superstructure. 

(ad) The free surface effect shall be caleulated at an angle of heel of 5 degrees 
for each individual compartment. The Administration may require or allow the 
free surface corrections to be calculated at an angle of heel greater than 5 de- 
grees for partially-filled tanks. 

(ec) In caleulating the effect of free surfaces of consumable liquids it shall be 
assumed that, for each type of liquid at least one transverse pair or a single 
eentre line tank has a free surface and the tank or combination of tanks to be 
taken into account shall be those where the effect of free surfaces is the greatest. 

(5) The Master of every oil tanker and the person in charge of a non-self- 
propelled oil tanker to which this Annex applies shall be supplied in an approved 
form with: 

(a) information relative to loading and distribution of cargo necessary to 
ensure compliance with the provisions of this Regulation ; and 

(b) data on the ability of the ship to comply with damage stability criteria as 
determined by this Regulation, including the effect of relaxations that may have 
been allowed under sub-paragraph (1) (c) of this Regulation. 


APPENDIx I—ListT oF O1Ls? 


Asphalt solutions: Gasoline blending stocks: 


Blending stocks 
Roofers flux 
Straight run residue 


Oils: 
Clarified 
Crude oil 
Mixtures containing crude oil 
Diesel oil 
Fuel oil No. 4 


. Fuel oil No. 5 


Fuel oil No. 6 

Residual fuel oil 

Road oil 

Transformer oil 

Aromatic oil (excluding vegetable 
oil) 

Lubricating oils and blending stocks 

Mineral oil 

Motor oil 

Penetrating oil 

Spindle oil 

Turbine oil 


Distillates: 


Straight run 
Flashed feed stocks 


Gas oil: Cracked 


Alkylates—fuel 
Reformates 
Polymer—fuel 


Gasolines: 


Casinghead (natural) 
Automotive 

Aviation 

Straight run 

Fuel oil No. 1 (Kerosene) 
Fuel oil No. 1-D 

Fuel oil No. 2 

Fuel oil No. 2-D 


Jet fuels: 

'JP-1 (Kerosene) 
JP-3 
JP-4 

_JP-5 (Kerosene, heavy) 
Turbo fuel 
Kerosene 

Mineral spirit 


Naphtha : 


Solvent 
Petroleum 
Heartcut distillate oil 


? The list of oils shall not necessarily be considered as comprehensive. 


112 


Text of Annex II of the Convention Adopted by the Conference 


REGULATIONS FOR THE CONTROL OF POLLUTION BY NoxioUs LIQUID SUBSTANCES 
IN BULK 


Regulation 1 


DEFINITIONS 


For the purposes of this Annex: 

(1) “Chemical tanker” means a ship constructed or adapted primarily to carry 
a cargo of noxious liquid substances in bulk and includes an “oil tanker” as de- 
fined in Annex I of the present Convention when carrying a cargo or part cargo 
of noxious liquid substances in bulk. 

(2) “Clean ballast” means ballast carried in a tank which, since it was last 
used to carry a cargo containing a substance in Category A, B, C, or D has 
been thoroughly cleaned and the residues resulting therefrom have been dis- 
charged and the tank emptied in accordance with the appropriate requirements of 
this Annex. 

(3) “Segregated ballast’? means ballast water introduced into a tank perma- 
nently allocated to the carriage of ballast or to the carriage of ballast or cargoes 
other than oil or noxious liquid substances as variously defined in the Annexes 
of the present Convention, and which is completely separated from the cargo 
and oil fuel system. 

(4) “Nearest land” is defined in Regulation 1(9) of Annex I of the present 
Convention. 

(5) “Liquid substances” are those having a vapour pressure not exceding 2.8 
kp/cm’ at a temperature of 37.8°C. 

(6) “Noxious iiquid substance” means any substance designated in Appendix 
II to this Annex or provisionally assessed under the provisions of Regulation 3 (4) 
as falling into Category ‘A, B, C or D. 

(7) “Special area” means a sea area where for recognized technical reasons in 
relation to its oceanographic and ecological condition and to its peculiar trans- 
portation traffic the adoption of special mandatory methods for the prevention of 
sen pollution by noxious liquid substances is required. 

Special areas shall be: 

(a) The Baltic Sea Area, and 

(0) The Black Sea Area. 

(8) “Baltic Sea Area” is as defined in Regulation 10 of Annex I of the present 
Convention. 

(9) “Black Sea Area” is as defined in Regulation 10 of Annex I of the present 
Convention. 

Regulation 2 


APPLICATION 


(1) Unless expressly provided otherwise the provisions of this Annex shall 
apply to all ships carrying noxious liquid substances in bulk. 

(2) Where a cargo subject to the provisions of Annex I of the present Con- 
vention is carried in a cargo space of a chemical tanker, the appropriate require- 
ments of Annex IT of the present Convention shall also apply. 

(3) Regulation 18 of this Annex shall apply only to ships carrying substances 
which are categorized for discharge control purposes in Category A, B or C. 


Regulation 3 


CATEGORIZATION AND LISTING OF NOXIOUS LIQUID SUBSTANCES 


(1) For the purpose of the Regulations of this Annex, except Regulation 13, 
noxious liquid substances shall be divided into four categories as follows: 

(a) Category A—Noxious liquid substances which if discharged into the 
sea from tank cleaning or deballasting operations would present a major hazard 


113 


to either marine resources or human health or cause serious harm to amenities 
or other legitimate uses of the sea and therefore justify the application of 
stringent anti-pollution measures. 

(bv) Category B—Noxious liquid substances which if discharged into the sea 
from tank cleaning or deballasting operations would present a hazard to either 
marine resources or human health or cause harm to amenities or other legitimate 
uses of the sea and therefore justify the application of special anti-pollution 
measures. 

(c) Category C—Noxious liquid substances which if discharged into the sea 
from tank cleaning or deballasting operations would present a minor hazard to 
either marine resources or human health or cause minor harm to amenities or 
other legitimate uses of the sea and therefore require special operational 
conditions. 

(d) Category D—Noxious liquid substances which if discharged into the sea 
from tank cleaning or deballasting operations would present a recognizable 
hazard to either marine resources or human health or cause minimal harm 
to amenities or other legitimate uses of the sea and therefore require some at- 
tention in operational conditions. 

(2) Guidelines for use in the categorization of noxious liquid substances are 
given in Appendix I to this Annex. 

(3) The list of noxious liquid substances carried in bulk and presently cate- 
gorized which are subject to the provisions of this Annex is set out in Appen- 
dix II to this Annex. 

(4) Where it is proposed to carry a liquid substance in bulk which has not 
been categorized under paragraph (1) of this Regulation or evaluated as re- 
ferred to in Regulation 4(1) of this Annex, the Governments of Parties to the 
Convention involved in the proposed operation shall establish and agree on a 
provisional assessment for the proposed operation on the basis of the guidelines 
referred to in paragraph (2) of this Regulation. Until full agreement between the 
governments involved has been reached, the substance shall be carried under 
the most severe conditions proposed. As soon as possible, but not later than 
ninety days after its first carriage, the Administration concerned shall notify 
the Organization and provide details of the substance and the provisional assess- 
ment for prompt circulation to all Parties for their information and consider- 
ation. The Government of each Party shall have a period of ninety days in which 
to forward its comments to the Organization, with a view to the assessment of 
the substance. 

Regulation 4 


OTHER LIQUID SUBSTANCES 


(1) The substances listed in Appendix III to this Annex have been evaluated 
and found to fall outside the Categories A, B, C and D, as defined in Regulation 
3(1) of this Annex because they are presently considered to present no harm 
to human health, marine resources, amenities or other legitimate uses of the 
sea, when discharged into the sea from tank cleaning or deballasting operations. 

(2) The discharge of bilge or ballast water or other residues or mixtures 
containing only substances listed in Appendix III to this Annex shall not be 
subject to any requirement of this Annex. 

(3) The discharge into the sea of clean ballast or segregated ballast shall not 
be subject to any requirement of this Annex. 


Regulation 5 


DISCHARGE OF NOXIOUS LIQUID SUBSTANCES—CATEGORIES A, B AND C SUBSTANCES 
OUTSIDE SPECIAL AREAS AND CATEGORY D SUBSTANCES IN ALL AREAS 


Subject to the provisions of Regulation 6 of this Annex— 

(1) The discharge into the sea of substances in Category A as defined in 
Regulation 3(1)(a) of this Annex or of those provisionally assessed as such 
or ballast water, tank washings, or other residues or mixtures containing such 
substances shall be prohibited. If tanks containning such substances or mixtures 
are to be washed, the resulting residues shall be discharged to a reception 
facility until the concentration of the substance in the effluent to such facility 
is at or below the residual concentration prescribed for that substance in column 
III of Appendix II to this Annex and until the tank is empty. Provided that the 
residue then remaining in the tank is subsequently diluted by the addition of a 


114 


volume of water of not less than 5 per cent of the total volume of the tank, it 
may be discharged into the sea when all the following conditions are also 
satisfied : 

(a) the ship is proceeding en route at a speed of at least 7 knots in the 
case of self-propelled ships or at least 4 knots in the case of ships which 
are not self-propelled ; 

(0) the discharge is made below the waterline, taking into account the 
location of the seawater intakes ; and 

(c) the discharge is made at a distance of not less than 12 nautical miles 
from the nearest land and in a depth of water of not less than 25 metres. 

(2) The discharge into the sea of substances in Category B as defined in 
Regulation 3(1)(b) of this Annex or of those provisionally assessed as such, or 
ballast water, tank washings, or other residues or mixtures containing such sub- 
stances shall be prohibited except when all the following conditions are satisfied : 

(a) the ship is proceeding en route at a speed of at least 7 knots in the 
case of self-propelled ships or at least 4 knots in the case of ships which are 
not self-propelled ; 

(0) the procedures and arrangements for discharge are approved by the 
Administration. Such procedures and arrangements shall be based upon 
standards developed by the Organization and shall ensure that the concen- 
tration and rate of discharge of the effluent is such that the concentration 
of the substance in the wake astern of the ship does not exceed 1 part per 
million ; 

(c) the maximum quantity of cargo discharged from each tank and its 
associated piping system does not exceed the maximum quantity approved 
in accordance with the procedures referred to in sub-paragraph (b) of this 
paragraph, which shall in no case exceed the greater of 1 cubic metre of 
1/3,000 of the tank capacity in cubic metres; 

(@) the discharge is made below the waterline, taking into account the 
location of the sea water intakes; and 

(e) the discharge is made at a distance of not less than 12 nautical miles 
from the nearest land and in a depth of water of not less than 25 metres. 

(3) The discharge into the sea of substances in Category C as defined in Reg- 
ulation 3(1)(c) of this Annex or of those provisionally assessed as such, or 
ballast water, tank washings, or other residues or mixtures containing such sub- 
stances shall be prohibited except when all the following conditions are satisfied : 

(a) the ship is proceeding en route at a speed of at least 7 knots in the 
case of self-propelled ships or at least 4 knots in the case of ships which 
are not self-propelled ; 

(b) the procedures and arrangements for discharge are approved by the 
Administration. Such procedures and arrangements shall be based upon 
standards developed by the Organization and shall ensure that the concen- 
tration and rate of discharge of the effluent is such that the concentration 
of the substance in the wake astern of the ship does not exceed 10 parts per 
million ; 

(c) the maximum quantity of cargo discharged from each tank and its 
associated piping system does not exceed the maximum quantity approved in 
accordance with the procedures referred to in sub-paragraph (b) of this 
paragraph, which shall in no case exceed the greater of 3 cubic metres or 
1/1000 of the tank capacity in cubic metres; 

(b) the discharge is made below the waterline, taking into account the 
location of the seat water intakes; and 

(ec) the discharge is made at a distance of not less than 12 nautical miles 
from the nearest land and in a depth of water of not less than 25 metres. 

(4) The discharge into the sea of substances in Category D as defined in Regu- 
lation 3(1)(d) of this Annex, or those provisionally assessed ns such, or ballast 
water, tank washings, or other residues or mixtures containing such substances 
shall be prohibited except when all the following conditions are satisfied : 

(a) the ship is proceeding en route at a speed of at least 7 knots in the 
case of self-propelled ships or at least 4 knots in the case of ships which 
are not. self-propelled ; 

(b) such mixtures are of a concentration not greater than one part of the 
substance in ten parts of water; and 

(c) the discharge is made at a distance of not less than 12 nautical miles 
from the nearest land. 


115 


(5) Ventilation procedures approved by the Administration may be used to 
remove cargo residues from a tank. Such procedures shall be based upon stand- 
ards developed by the Organization. If subsequent washing of the tank is neces- 
sary, the discharge into the sea of the resulting tank washings shall be made in 
aecordance with paragraph (1), (2), (3) or (4) of this Regulation, whichever is 
applicable. 

(6) The discharge into the sea of substances which have not been categorized, 
provisionally assessed, or evaluated as referred to in Regulation 4(1) of this 
Annex, or of ballast water, tank washings, or other residues or mixtures contain- 
ing such substances shall be prohibited. 


CATEGORIES A, B AND C SUBSTANCES WITHIN SPECIAL AREAS 


Subject to the provisions of Regulation 6 of this Annex— 

(7) The discharge into the sea of substances in Category A as defined in 
Regulation 3(1) (a) of this Annex, or of those provisionally assessed as such, 
or ballast water, tank washings, or other residues or mixtures containing such 
substances shall be prohibited. If tanks containing such substances or mixtures 
are to be washed the resulting residues shall be discharged to a reception facility 
which the States bordering the special area shall provide in accordance with 
Regulation 7 of this Annex, until the concentration of the substance in the effluent 
to such facility is at or below the residual concentration prescribed for that sub- 
stance in column IV of Appendix II to this Annex and until the tank is empty. 
Provided that the residue then remaining in the tank is subsequently diluted by 
the addition of a volume of water of not less than 5 per cent of the total volume 
of the tank, it may be discharged into the sea when all the following conditions 
are also satisfied : A 

(a) the ship is proceeding en route at a speed of at least 7 knots in the 
case of self-propelled ships or at least 4 knots in the case of ships which are 
not self-propelled ; 

(0) the discharge is made below the waterline, taking into account the lo- 
cation of the seawater intakes; and 

(c) the discharge is made at a distance of not less than 12 nautical miles 
from the nearest land and in a depth of water of not less than the 25 metres. 

(8) The discharge into the sea of substances in Category B as defined in Regu- 
lation 3(1)(b) of this Annex or of those provisionally assessed as such, or bal- 
stances shall be prohibited except when all the following conditions are satisfied : 
last water, tank washings, or other residues or mixtures containing such sub- 
stances shall be prohibited except when all the following conditions are satisfied : 

(a) the tank has been washed after unloading with a volume of water of 
not less than 0.5 per cent of the total volume of the tank, and the resulting 
residues have been discharged to a reception facility until the tank is empty : 

(0) the ship is proceeding on route at a speed of at least 7 knots in the case 
of self-propelled ships or at least 4 knots in the case of ships which are not 
self-propelled ; 

(c) the procedures and arrangements for discharge and washings are ap- 
proved by the Administration. Such procedures and arrangements shall be 
based upon standards developed by the Organization and shall ensure that 
the concentration and rate of discharge of the effluent is such that the concen- 
tration of the substance in the wake astern of the ship does not exceed 1-part 
per million; 

(d) the discharge is made below the waterline, taking into account the 
location of the seawater intakes; and 

(e) the discharge is made at a distance of not less than 12 nautical miles 
from the nearest land and in a depth of water of not less than 25 metres. 

(9) (he discharge into the sea of substances in Category C as defined in Regu- 
lation 3(1) (c) of this Annex or of those provisionally assessed as such, or ballast 
water, tank washings, or other residues or mixtures containing such substances 
shall be prohibited except when all the following conditions are satisfied : 

(a) the ship is proceeding en route at a speed of at least 7 knots in the case 
of self-propelled ships or at least 4 knots in the case of ships which are not 
self-propelled ; 

(b) the procedures and arrangements for discharge are approved by the 
Administration. Such procedures and arrangements shall be based upon 
standards developed by the Organization and shall ensure that the concentra- 


116 


tion and rate of discharge of the effluent is such that the concentration of the 
substance in the wake astern of the ship does not exceed 1 part per million; 

(c) the maximum quantity of cargo discharged from each tank and its 
associated piping system does not exceed the maximum quantity approved 
in accordane with the procedures referred to in subparagraph (b) of this 
paragraph which shall in no case exceed the greater of 1 cubic metre or 
1/3,000 of the tank capacity in cubic metres. 

(d) the discharge is made below the waterline, taking into account the 
location of the seawater intakes ; and 

(e) the discharge is made at a distance of not less than 12 nautical miles 
from the nearest land and in a depth of water of not less than 25 metres. 

(10) Ventilation procedures approved by the Administration may be used to 
remove cargo residues from a tank. Such procedures shall be based upon standards 
developed by the Organization. If subsequent washing of the tank is necessary, the 
discharge into the sea of the resulting tank washings shall be made in accordance 
with paragraphs (7), (8), or (9) of this Regulation, whichever is applicable. 

(11) The discharge into the sea of substances which have not been categorized, 
provisionally assessed or evaluated as referred to in Regulation 4(1) of this 
Annex, or of ballast water, tank washings, or other residues or mixtures contain- 
ing such substances shall be prohibited. 

(12) Nothing in this Regulation shall prohibit a ship from retaining on board 
the residues from a category B or C cargo and discharging such residues into the 
sea outside a special area in accordance with paragraph (2) or (3) of this Regul- 
tion, respectively. 

(13) (a) The Governments of Parties to the Convention, the coastlines of which 
border on any given special area, shall collectively agree and establish a date by 
which time the requirement of Regulation 7(1) of this Annex will be fulfilled and 
from which the requirements of paragraphs (7), (8), (9) and (10) of this Regu- 
lation in respect of that area shall take effect and notify the Organization of the 
date so established at least six months in advance of that date. The Organization 
shall then promptly notify all Parties of that date. 

(b) If the date of entry into force of the present Convention is earlier than the 
date established in accordance with sub-paragraph (a) of this parngraph, the 
requirements of paragraphs (1), (2) and (3) of this Regulation shall apply 
during the interim period. 

Regulation 6 


EXCEPTION 


Regulation 5 of this Annex shall not apply to: 

(a) the discharge into the sea of noxious liquid substances or mixtures 
containing such substances necessary for the purpose of securing the safety 
of a ship or saving life at sea ; or 

(b) the discharge into the sea of noxious liquid substances or mixtures 
containing such substances resulting from damage to a ship or its equipment : 

(i) Provided that all reasonable precautions have been taken after 
the occurrence of the damage or discovery of the discharge for the pur- 
pose of preventing or minimizing the discharge; and 

(ii) except if the owner or the Master acted either with intent to 
cause damage, or recklessly and with knowledge that damage would 
probably result ; or 

(ce) the discharge into the sea of noxious liquid substances or mixtures con- 
taining such substances, approved by the Administration, when being used 
for the purpose of combating specific pollution incidents in order to mini- 
mize the damage from pollution. Any such discharge shall be subject to the 
approval of any Government in whose jurisdiction it is contemplated the 
discharge will oceur. 

Regulation 7 


RECEPTION FACILITIES 


(1) The Government of each Party to the Convention undertakes to ensure 
the provision of reception facilities according to the needs of ships using its ports, 
terminals or repair ports as follows: 

(a) cargo loading and unloading ports and terminals shall have facilities 
adequate for reception without undue delay to ships of such residues and 


117 


mixtures containing noxious liquid substances as would remain for disposal 
from ships carrying them as a consequence of the application of this Annex : 
and 

(b) ship repair ports undertaking repairs to chemical tankers shall have 
facilities adequate for the reception of residues and mixtures containing 
noxious liquid substances. 

(2) The Government of each Party shall determine the types of facilities pro- 
vided for the purpose of paragraph (1) of this Regulation at each cargo loading 
and unloading port, terminal and ship repair port in its territories and notify the 
Organization thereof. 

(3) Each Party shall notify to the Organization, for transmission to the 
Parties concerned, of any case where facilities required under paragraph (1) of 
this Regulation are alleged to be inadequate. 


Regulation 8 


MEASURES OF CONTROL 


(1) The Government of each Party to the Convention shall appoint or authorize 
surveyors for the purpose of implementing this Regulation. 


Category A Substance in All Areas 


(2) (a) If a tank is partially unloaded or unloaded but not cleaned, an appro- 
priate entry shall be made in the Cargo Record Book. 

(vb) Until that tank is cleaned every subsequent pumping or transfer opera- 
tion carried out in connection with that tank shall also be entered in the Cargo 
Record Book. 

(3) If the tank is to be washed: 

(a) The effluent from the tank washing operation shall be discharged from 
the ship to a reception facility at least until the concentration of the substance 
in the discharge, as indicated by analyses of samples of the effluent taken by 
the surveyor, has fallen to the residual concentration specified for that substance 
in Appendix II to this Annex. When the required residual concentration has 
been achieved, remaining tank washings shall continue to be discharged to the 
reception facility until the tank is empty. Appropriate entries of these opera- 
tions shall be made in the Cargo Record Book and certified by the surveyor ; 

(ob) After diluting the residue then remaining in the tank with at least 5 per 
cent of the tank capacity of water, this mixture may be discharged into the sea 
in accordance with the provisions of sub-paragraphs (1)(a), (b) and (c) or 
7(a). (b) and (c), whichever is applicable, of Regulation 5 of this Annex. Ap- 
propriate entries of these operations shall be made in the Cargo Record Book. 

(4) Where the Government of the receiving Party is satisfied that it is im- 
practicable to measure the concentration of the substance in the effluent without 
causing undue delay to the ship, that Party may accept an alternative procedure 
as being equivalent to sub-paragraph (3) (a) provided that: 

(a) a precleaning procedure for that tank and that substance, based on 
standards developed by the Organization, is approved by the Administration 
and that Party is satisfied that such procedure will fulfil the requirements 
of paragraph (1) or (7), whichever is applicable, of Regulation 5 of this 
Annex with respect to the attainment of the prescribed residual concentra- 
tions ; 

(b) a surveyor duly authorized by that Party shall certify in the Cargo 
Record Book that: 

(i) the tank, its pump and piping system have been emptied, and 
that the quantity of cargo remaining in the tank is at or below the 
quantity on which the approved precleaning procedure referred to in 

‘ sub-paragraph (ii) of this paargraph has been based ; 

(ii) precleaning has been carried out in accordance with the pre- 
cleaning procedure approved by the Administration for that tank and 
that substance; and 
(iii) the tank washings resulting from such precleaning have been 
discharged to a reception facility and the tank is empty ; 

(c) the discharge into the sea of any remaining residues shall be in ac- 
cordance with the provisions of paragraph (3) (b) of this Regulation and 
an appropriate entry is made in the Cargo Record Book. 


118 


Category B substances outside special areas and category C substances:in al 
areas 

(5) Subject to such surveillance and approval by the authorized or appointec 

surveyor aS may be deemed necessary by the Government of the Party, the 

Master of a ship shall, with respect to a Category B substance outside specia 

areas or a Category C substance in all areas, ensure compliance with the 
following: 

(a) If a tank is partially unloaded or unloaded but not cleaned, ar 
appropriate entry shall be made in the Cargo Record Book. 

(b) If the tank is to be cleaned at sea: 

(i) the cargo piping system serving that tank shall be drained and 
an appropriate entry made in the Cargo Record Book ; 

(ii) the quantity of substance remaining in the tank shall not exceed 
the maximum quantity which may be discharged into the sea for that 
substance under Regulation 5(2) (c) of this Annex outside Speerat areas 
in the case of Category B substances, or under Regulations 5 (3) (c) and 
5(9)(c) outside and within special areas respectively in the case of 
Category C substances. An appropriate entry shall be made in the Cargo 
Record Book ; 

(iii) where it is intended to discharge the quantity of substance 
remaining into the sea the approved procedures shall be complied with, 
and the necessary dilution of the substance satisfactory for such a dis- 
charge shall be achieved. An appropriate entry shall be made in the 
Cargo Record Book; or 

(iv) where the tank washings are not discharged into the sea, if any 
internal transfer of tank washings takes place from that tank an appro- 
priate entry shall be made in the Cargo Record Book ; and 

(v) any subsequent discharge into the sea of such tank washings shall 
be made in accordance with the requirements of Regulation 5 of this 
Annex for the appropriate area and Category of substance involved. 

(ec) If the tank is to be cleaned in port: 

(i) the tank washings shall be discharged to a reception facility and 
an appropriate entry shall be made in the Cargo Record Book; or 

(ii) the tank washings shall be retained on board the ship and an 
appropriate entry shall be made in the Cargo Record Book indicating 
the location and disposition of the tank washings. 

(d) If after unloading a Category C substance within a special area, any 
residues or tank washings are to be retained on board until the ship is 
outside the special area, the Master shall so indicate by an appropriate entry 
in the Cargo Record Book and in this ease the procedures set out in Regu- 
lation 5(3) of this Annex shall be applicable. 


Category B substances within special areas 


(6) Subject to such surveillanee and approval by the authorized or appointed 
surveyor as may be deemed necessary by the Government of the Party, the 
Master of a ship shall, with respect to a Category B substance within a special 
area, ensure compliance with the following : 

(a) If a tank is partially unloaded or unloaded but not cleaned, an appro- 
priate entry shall be made in the Cargo Reeord Book. 

(b) Until that tank is cleaned every subsequent pumping or transfer 
operation earried out in connection with that tank shall also be entered in 
the Cargo Record Book. 

(c) If the tank is to be washed, the effluent from the tank washing opera- 
tion, which shall contain a volume of water not less than 0.5 per cent of the 
total volume of the tank, shall be discharged from the ship to a reception 
facility until the tank, its pump and piping system are empty. An appro- 
priate entry shall be made in the Cargo Record Book. 

(aq) If the tank is to be further cleaned and emptied at sea, the Master 
shall: 

(i) ensure that the approved procedures referred to in Regulation 
5(8) (e) of this Annex are complied with and that the appropriate en- 
tries are made in the Cargo Record Book ; and 

(ii) ensure that any discharge into the sea is made in accordance 
with the requirements of Regulation 5(8) of this Annex and an appro- 
priate entry is made in the Cargo Record Book. 


119 


(e) If after unloading a Category B substance within a special area, any 
residues or tank washings are to be retained on board until the ship is out- 
side the special area, the Master shall so indicate by an appropriate entry 
in the Cargo Record Book and in this case the procedures set out in Regula- 
tion 6(2) of this Annex shall be applicable. 


Category D substances in all areas 


(7) The Master of a ship shall, with respect to a Category D substance, ensure 
compliance with the following: 
(a) Ifa tank is partially unloaded or unloaded but not cleaned, an 
appropriate entry shall be made in the Cargo Record Book. 
(b) If the tank is to be cleaned at sea: 

(i) the cargo piping system serving that tank shall be drained and an 
appropriate entry made in the Cargo Record Book ; 

(ii) where it is intended to discharge the quantity of substance re- 
maining into the sea, the necessary dilution of the substance satisfac- 
tory for such a discharge shall be achieved. An appropriate entry shall 
be made in the Cargo Record Book ; 

(iii) where the tank washings are not discharged into the sea, if 
any internal transfer of tank washings takes place from that tank an 
appropriate entry shall be made in the Cargo Record Book; and 

(iv) any subsequent discharge into the sea of such tank washings 
shall be made in accordance with the requirements of Regulation 5(4) 
of this Annex. 

(c) If the tank is to be cleaned in port: 

(i) the tank washings shall be discharged to a reception facility and 
an appropriate entry shall be made in the Cargo Record Book; or 

(ii) the tank washings shall be retained on board the ship and an 
appropriate entry shall be made in the Cargo Record Book indicating 
the location and disposition of the tank washings. 


Discharge from a slop tank 


(&) Any residues retained on board in a slop tank, including those from pump 
room bilges, which contain a Category A substance, or within a special area either 
a Category A or a Category B substance, shall be discharged to a reception 
facility in accordance with the provisions of Regulation 5(1), (7) or (8) of 
this Annex, whichever is applicable. An appropriate entry shall be made in the 
Cargo Record Book. 

(9) Any residues retained on board in a slop tank, including those from pump 
room bilges, which contain a quantity of a Category B substances outside a 
special area or a Category C substance in all areas in excess of the aggregate 
of the maximum quantities specified in Regulation 5(2)‘c), (8) (c) or (9) (c) 
of this Annex, whichever is applicable, shall be discharged to a reception facility. 
An appropriate entry shall be made in the Cargo Record Book. 


Regulation 9 
CARGO RECORD BOOK 


(1) Every ship to which this Annex .applies shall be provided wiht a Cargo 
Record Book, whether as part of the ship’s official log book or otherwise, in 
the form specified in Appendix IV to this Annex. 

(2) The Cargo Record Book shall be completed, on a tank-to-tank basis, when- 
ever any of the following operations with respect to a noxious liquid substance 
take place in the ship: 

(i) loading of cargo; 

(ii) unloading of cargo; 

(iii) transfer of cargo; 

(iv) transfer of cargo, cargo residues or mixtures containing cargo to a 
slop tank; 

(v) cleaning of cargo tanks; 

(vi) transfer from slop tanks; 

(vii) ballasting of cargo tanks; 

(vill) transfer of dirty ballast water ; 

(ix) discharge into the sea in accordance with Regulation 5 of this Annex. 

(3) In the event of any discharge of the kind referred to in Article 7 of the 


120 


present Convention and Regulation 6 of this Annex of any noxious liquid sub- 
stance or mixture containing such substance, whether international or accidental, 
an entry shall be made in the Cargo Record Book stating the circustances of, and 
the reason for, the discharge. 

(4) When a surveyor appointed or authorized by the Government of the Party 
to the Convention to supervise any operations under this Annex has inspected a 
Sean that surveyor shall make an appropriate entry in the Cargo Record 
Boo 

(5) Each operation referred to in paragraphs (2) and (3) of this Regulation 
shall be fully recorded without delay in the Cargo Record Book so that all the 
entries in the Book appropriate to that operation are completed. Each entry 
shall be signed by the officer or officers in charge of the operation concerned and, 
when the ship is manned, each page shall be signed by the Master of the ship. 
The entries in the Cargo Record Book shall be in an official language of the 
State whose flag the ship is entitled to fly, and, for ships holding an Interna- 
tional Pollution Prevention Certificate for the Carriage of Noxious Liquid Sub- 
stances in Bulk (1978) in English or French. The entries in an official national 
language of the State whose flag the ship is entitled to fly shall prevail in case 
of a dispute or discrepancy. 

(6) The Cargo Record Book shall be kept in such a place as to be readily 
available for inspection and, except in the case of unmanned ships under tow, 
shall be kept on board the ship. It shall be retained for a period of two years 
after the last entry has been made. 

(7) The competent authority of the Government of a Party may inspect the 
Cargo Record Book on board any ship to which this Annex applies while the 
ship is in its port, and may make a copy of any entry in that book and may 
require the Master of the ship to certify that the copy is a true copy of such 
entry. Any copy so made which has been certified by the Master of the ship as a 
true copy of an entry in the ship’s Cargo Record Book shall be made admissible 
in any judicial proceedings as evidence of the facts stated in the entry. The in- 
spection of a Cargo Record Book and the taking of a certified copy by the compe- 
tent authority under this paragraph shall be performed as expeditiously as possi- 
ble without causing the ship to be unduly delayed. 


Regulation 10 


SURVEYS 


(1) Ships which are subject to the provisions of this Annex and which carry 
noxious liquid substances in bulk shall be surveyed as follows: 

(a) An initial survey before a ship is put into service or before the certifi- 
cate required by Regulation 11 of this Annex is issued for the first time, 
which shall include a complete inspection of its structure, equipment, fittings, 
arrangements and material insofar as the ship is covered by this Annex. 

The survey shall be such as to ensure full compliance with the applicable 
requirements of this Annex. 

(b) Periodical surveys at intervals specified by the Administration which 
shall not exceed five years and which shall be such as to ensure that the 
structure, equipment, fittings. arrangements and material fully comply with 
the applicable requirements of this Annex. However, where the duration of 
the International Pollution Prevention Certificate for the Carriage of Noxious 
Liquid Substances in Bulk (1978) is extended as specified in Regulation 
12 (2) or (4) of this Annex, the interval of the periodical survey may be 
extended correspondingly, 

(c) Intermediate surveys at intervals specified by the ‘Administration 
which shall not exceed thirty months and which shall be such as to ensure 
that the equipment and associated pumps and piping systems, fully comply 
with the applicable requirements of this Annex and are in good working 
order. The survey shall be endorsed on the International Pollution Preven- 
tion Certificate for the Carriage of Noxious Liquid Substances in Bulk 
(1973) issued under Regulation 11 of this Annex 

(2) Surveys of a ship with respect to the enforcement of the Ber he penis of 
this Annex shall be carried out by officers of the Administration. The Administra- 
tion may, however, entrust the surveys either to surveyors nominated for the 
purpose or to organizations recognized by it. In every case the Administration 
concerned shall fully gurantee the completeness and efficiency of the survey. 


121 


(3) After any survey of a ship under this Regulation has been completed, 
ho significant change shall be made in the structure, equipment, fittings, ar- 
rangements or material, covered by the survey without the sanction of the Ad- 
Ininistration, except the direct replacement of such equipment and fittings for 
the purpose of repair or maintenance. 


Regulation 11 


ISSUE OF CERTIFICATE 


(1) An International Pollution Prevention Certificate for the Carriage of 
Noxious Liquid Substances in Bulk (1973) shall be issued to any ship carrying 
noxious liquid substances which is engaged in voyages to ports or offshore ter- 
minals under the jurisdiction of other Varties to the Convention after survey 
of such ship in aecordance with the provisions of Regulation 10 of this Annex. 

(2) Such Certificate shall be issued either by the Administration or by a per- 
son or organization duly authorized by it. In every case the Administration 
shall assume full responsibility for the certificate. 

(3) (a) The Government of a Party may, at the request of the Administration, 
cause a ship to be surveyed and if satisfied that the provisions of this Annex are 
complied with shall issue or authorize the issue of a Certificate to the ship in 
accordance with this Annex. 

(bv) A copy of the Certificate and a copy of the survey report shall be trans- 
mitted as soon as possible to the requesting Administration. 

(ce) A Certificate so issued shall contain a statement to the effect that it has 
been issued at the request of the Administration and shall have the same force 
and receive the same recognition as a certificate issued under paragraph (1) 
of this Regulation. 

(d) No International Pollution Prevention Certificate for the Carriage of 
Noxious Liquid Substances in Bulk (1973) shall be issued to any ship which 
is entitled to fly the flag of a State which is not a Party. 

(4) The Certificate shall be drawn up in an official language of the issuing 
country in a form corresponding to the model given in Appendix V to this Annex. 
If the language used is neither English nor French, the text shall include a 
translation into one of those languages. 


Regulation 12 


DURATION OF CERTIFICATE 


(7) On International Pollution Prevention Certificate for the Carriage of 
Noxious Liquid Substances in Bulk (1973) shall be issued for a period specified 
by the Administration, which shall not exceed five years from the date of issue, 
except as provided in paragraphs (2) and (4) of this Regulation. 

(2) If a ship at the time when the Certificate expires is not in a port or off- 
shore terminal under the jurisdiction of the Party to the Convention whose flag 
the ship is entitled to fly, the Certificate may be extended by the Administra- 
tion, but such extension shall be granted only for the purpose of allowing the 
ship to complete its voyage to the State whose flag the ship is entitled to fly 
or in which it is to be surveyed and then only in cases where it appears proper 
and reasonable to do so. 

(3) No Certificate shall be thus extended for a period longer than five months 
and a ship to which such extension is granted shall not on its arrival in the State 
whose flag it is entitled to fly or the port in which it is to be surveyed, be entitled 
by virtue of such extension to leave that port or State without having obtained a 
new Certificate. 

(4) A Certificate which has not been extended under the provisions of para- 
graph (2) of this Regulation may be extended by the Administration for a pe- 
riod of grace of up to one month from the date of expiry stated on it. 

(5) A Certificate shall cease to be valid if significant alterations have taken 
place in the structure, equipment, fittings, arrangements and material required 
by this Annex without the sanction of the Administration, except the direct 
replacement of such equipment or fitting for the purpose of repair or mainte- 
nance or if intermediate surveys as specified by the Administration under Reg- 
ulation 10(1) (¢) of this Annex are not carried out. 


45-670 O- 75 - 9 


122 


(6) A Certificate issued to a ship shall cease to be valid upon transfer of such 
a ship to the flag of another State, except as provided in paragraph (7) of this 
Regulation. 

(7) Upon transfer of a ship to the flag of another Party, the Certificate shall 
remain in force for a period not exceeding five months provided that it would 
not have expired before the end of that period, or until the Administration 
issues a replacement certificate, whichever is earlier. As soon as possible after 
the transfer has taken place the Government of the Party whose flag the ship 
was formerly entitled to fly shall transmit to the Administration a copy of the 
Certificate carried by the ship before the transfer and, if available, 2 copy of 
the relevant survey report. , 

Regulation 13 


REQUIREMENTS FOR MINIMIZING ACCIDENTAL POLLUTION 


(1) The design, construction, equipment aad operation of ships carrying 
noxious liquid substances in bulk which are subject to the provisions of this 
Annex shall be such as to minimize the uncontrolled discharge into the sea of 
such substances. 

(2) Pursuant to the provisions of paragraph (1) of this Regulation, the 
Government of each Party shall issue, or cause to be issued, detailed require- 
ments on the design, construction, equipment and operation of such ships. 

(3) In respect of chemical tankers, the requirements referred to in para- 
graph (2) of this Regulation shall contain at least all the provisions given in 
the Code for the Construction and Equipment of Ships carrying Dangerous 
Chemicals in Bulk adopted by the Assembly of the Organization in Resolution 
A.212(VII) and as may be amended by the Organization, provided that the 
amendments to that Code are adopted and brought into force in accordance with 
the provisions of Article 17 of the present Convention for amendment procedures 
to an Appendix to an Annex. 

Appendia I 


GUIDELINES FOR THE CATEGORIZATION OF Noxious Liquip SUBSTANCES 


Category A.—Substances which are bioaccumulated and liable to produce a 
hazard to aquatic life or human health; or which are highly toxic to aquatic 
life (as expressed by a Hazard Rating 4, defined by a TLm less than 1 ppm) ; and 
additionally certain substances which are moderately toxie to aquatie life (as 
expressed by a Hazard Rating 3, defined by a TLm of 1 or more, but less than 
10 ppm) when particular weight is given to additional factors in the hazard 
profile or to special characteristics of the substance. 

Category B.—Substances which are bioaccumulated with a short retention of 
the order of one week or less; or which are liable to produce tainting of the sea 
food; or which are moderately toxic to aquatic life (as expressed by a Hazard 
Rating 3, defined by a TLm of 1 ppm or more, but less than 10 ppm); and 
additionally certain substances which are slightly toxic to aquatic life (as 
expressed by a Hazard Rating 2, defined by a TILm of 10 ppm or more, but less 
than 100 ppm) when particular weight is given to additional factors in the 
hazard profile or to special characteristics of the substance. 

Category C._—Substances which are slightly toxic to aquatic life (as expressed 
by a Hazard Rating 2, defined by a TLm of 10 or more, but less than 100 ppm) ; 
and additionally certain substances which are practically non-toxic to aquatic 
life (as expressed by a Hazard Rating 1, defined by a TLm of 100 ppm or more, 
but less than 1,000 ppm) when particular weight is given to additional factors 
in the hazard profile or to special characteristics of the substance. 

Category D.—Substanees which are practically non-toxic to aquatic life (as 
expressed by a hazard rating 1, defined by a TLm of 100 ppm or more, but less 
than 1,000 ppm); or causing deposits blanketing the seafloor with a high bio- 
chemical oxygen demand (BOD): or highly hazardous to human health, with 
an LDs of less than 5 mg/kg; or produce moderate reduction of amenities 
beeause of persistency, smell or poisonous or irritant characteristics, possibly 
interfering with use of beaches; or moderately hazardous to human health, with 
an LDso of 5 mg/kg or more, but less than 50 mg/kg and produce slight reduction 
of amenities. 

Other Liquid Substances (for the purposes of Regulation 4 of this Annex).— 
Substances other than those categorized in Categories A, B, © and PD above. 


123 


APPENDIX I!.—LIST OF NOXIOUS LIQUID SUBSTANCES CARRIED IN BULK 


Residual concentration 


Pollution (percent by weight) 
category for = ——@—_____________ 
operational (Regulation (Regulation 
discharge 5(1) of annex  5(7) of annex 
(regulation 3 Il) outside 11) within 
Substance U.N. number of annex il) special areas special areas 
(I) iD) ail) (Iv) 
Acetaldehy dear neemsc eee eno eee ace ee een LOSS AIC ine ns cee HEE ce een cose Seno ley 
INCI CTACIO eee RRs Se cctn 2 eae ee 1842) Ce dag a aS eee 
Rectte ani 22 5s ee ee ee VSG oe win pa Sm sites a ae a IS 
INCE LOT CMe yee one eae boc ee ee NOSO) (Die Sea eee tee SS ee ee Sey 
Acetone cyanohydrin_____.____-___-_ Se Se So 1541 A 0.1 0.05 
ARoatyiichiori dees ee ares, Serer L2NZ. «C.-T SE SE Sey Beh Ss Ra 
ACO  aee orse tons = eet eS Gop 1 he ey 1092 A 1 .05 
IACIVNICHACI MER Re sae pret oe See Me oo Ge eel th Rice er rslereters rear eran 5 MRR nate 
Actylonitnile seat a aesccree - ce =  aeeeee 1093; <\Birictis-ny sec? SERS BER Ree eee ee aS 
EX OL 2 ee ee ee ae ee eee eee Die mmc ee eae rate greet a 
Alkylbenzene sulfonate: 
(Straightichain) <<<. 2 = 5-2. Se ee os Cie wos eo Fee tehsil SR 
(Branchedichain) 6-feet 2 ee oe yeaa rene Biy se ge Ranged ee eeceeceee 5 Sie ene Baie 
Ally Walcoholbesina Ss ye ee LOSS Be ep iiced Gems ete en eer LEE SREY 
Allylichlorid ek pisrsts pee obec. SE TOG Gin = oe yee et ae See a a AE 
Alumi@’Sypercentssolution){2-.-.-- 25-2 Ss 22s 5 ee Deis siete bk Se iene LE rd a aT 
Aminoethylethanolamine (hydroxyethyl-ethylene-dia- 
MUNG) ier ee ena Ara alr nec oa a50 See RNa no once SSS Denn 2 MEI SF eas BES 
Ammonia (28 percent aqueous). __-_____-___-_________- 1005 B 
iso-Amyl acetate...._.....__...___-____-- Bp hee he Ea 1104 C 
NoAmyliacetatery = es nh ar SR EE 1104 ¢ 
ORANG IRs 2335 ss eS ape poe B RARE SESS eens oe Se eee beens D 
NNR cecceeeubeese cet aeenenatees Saas Aes 1547 C 
Benzene™we eer et Bees aL ok aot 1114 C 
Benzyifalco toler sca te ny ee crys a eee D 
Benzylichionid@esten cn an ne ety eee 1738 B 
NaButyltacetales- see y 2 ee ee Sys Ey be 1123 D 
Secabulyijacetatese = = sn n tas Se St Pore pee gt eo 1124 D 
N=ABULY RACK yale ent ee epee at eae mene Se ee D 
ButvlInUly rate eeceet ry eect aru een mae Fo ae B 
Butyleneyelycol(s)ee-- = ne ee SES RNS nya D 
Butylimethacnylatesss ss se nt ea te ee ze) 
n-Butyraldehyde..___._____- eres ar seh eee ees 1129 B 
Bit ira Cid eee terre eet at enn Sor en ese a ee B 
Calcium hydroxide (solution)..............._._____._._--_-_._-_._--- D 
Gamphornoiltsas ss hace ete Te 1130 B 
Carbon disulphide__.....__.___________ x aE 1131 A 
Carbon tetrachloride........_______ Reicig 1846 B 
Caustic potash (potassium hydroxide) meee ee 1814 C 
Chioroaceticiacidsee ae tank Faker es ap er 1750 C 
Chloroform eee ee le ea 2 eee aes 1888 B 
Ghiorohiydrinsi(Crude) ee = se A ee eee ee 9) 
Chioraprene eset San ec eR 1991 C 
Chiorosulphonickacid= == 2555-6. ae eee en oe 1754 C 
Paka-Ghlorotoluene se =e A ee ee te B 
Citricracidi@Oktorz5ipercent)=— os ee ee ee eee D 
Creosote = -siiane: ls eee ooh oh oo eee 1334 A 
BC resol see ae aoe hen sees ok a oh eee 2076 A 
Cresylictacid =i see Se rey ee ee ee 2022 A 
Grotonaldehydezswese. 68 oe ee 1143 B 
Cumene sets: sys oe eee YY. PASS. 1918 C 
Cyclohiexane Sewn ate tee te ee a ee eee a 1145 C 
CyclohiexanolBer ease «nee eens Wasa nn eGR eho JL ee D 
Cyclonexanenewieee oi ee a 1915 D 
Cyclohexviamine te aoe le V2 ee oh eee D 
Para-Cymene (isopropyltoluene)!____________________. 2046 D 
Decahydronaphthalene. __________..________________- 1147 D 
Decan eh wee et BEBP erent es. oes le D 
Diacetonevalcoholjiwee so U seks eS ee” 1148 D 
Dibenzyliethe ices 5s Se) ee ee i en oes ieee C 
Dicnlorobenzenes® S20) re at eee ee RE 1591 A 
Dichloroethyilethermeeen 2 oes eee Sire ee, coe 1916 B 
Die Plorcpcepene,Dichloropropane mixture (D.D. soil fum- 2047 B 
igant). 
Diethylaminemees eee ores 8. on RE 1154 C 
Diethylbenzene (mixed isomers)______________________ 2049 C 
Diethyliethe rapier ho ne eS 1155 D 
Diethyieneitriamineies>. 22 ae 2079 C 
Diethylene glycol monoethyl ether__._________-__-___________L_____--- Cc 
Diethylketone (3-pentanene)__-_______._____________- 1156 D 
Diisobutylenet=--8 2. 25s. ees CBRE 2050 D 


See footnote at end of table. 


124 


APPENDIX I1.—LIST OF NOXIOUS LIQUID SUBSTANCES CARRIED IN BULK—Continued 


Residual concentration 
Pollution (percent by weight) 
category for, ———_——__—___—- 
operational (Regulation : Gremio 


discharge 5(1) of annex ) of annex 
(regulation 3 Il) outside 11) within 
Substance U.N. number of annex |!) special areas _— special areas 
(1) (i>) UTD) (IV) 
Diisobuty| ketone: —- = =~ RUS Dek 
Diisopropanolamine=--------__--..__._/_ 2 _ SeSye! MU58 Co dee nese nee 
Diisopropylamitte-— ==> =o soe ee SE W58 Co nn ene a 
Diisopropyl ether! users 2 Sek Seni ne oe SL B59 Dipset a) iseseseeeseecne 
Dimethylamine (40 percent aqueous)______...-.-.-_--- 1160 Ce eee eee 
Dimethylformamide (form-dimethylamide)_--__-________....--.-._..- ) Rpeyeeeneeneee ee Pc. 2. 
Dimethylethanolamine (2-dimethylaminoethanol)!__ _ ___ 2091'C Vp a 2) eee 
LyAedioxane) 226 tet eee! a Ripe ie le WG6SG mc) 0 ase eee ee eee eee 
Diphenyl/diphenyloxide mixtures!___.____....._.._-....--.....---_--- Dit ot A pda ecics anib aan 
Hosoi SRE SBA pee al EEL Sena aes be at eae nanan eee eee re 
Epichiorolvdrinesceer 2 ee Sa ee 2023 BO cae c nan eee areata at 
2-ethoxyethy! acetate!__..._.....__._____._________-- W722) D 3) of poise T ee ee 
Ethylincatate. 22). -40 2 oe: et ie a W730 Di a ee eee 
EtnyI @crvlatess os cee ce er ae eee 1ST On eee nn ate 
Ethyl‘amyl'ketone!t. (8S ie ee SALE ee ee Cope TO i es ate oo See eee 
Ethylbenzvone*: 92a25 2 29 eee Fhe on W790 mo), 9. -cesssetSsesaesee eee 
Ethyl. cyclohexane..c <> 3: 32 oo oon etn ees a Desc -ightovrmie st... se eaaeat enn 
Ethylene chlorohydrin (2-chloro-othanol)._____________- 135" Se ee ee eee 
Ethylene cyenohydrin'! S222) 2°. Oe Pel os _ 2a. Series O° (CU 4 seo See 
Ethylenodiamine_____-._.-______- yh oy ee |b - 1604 C0 (\rgo\taetice 2 eee 
Ethylene dibromide:.-.-2. 52s... -----.__ -- 3. - a 1605..D.... ....,. .S208¢S3 Bees a eee 
Ethylene dichloride:2-..+ ee eae W84 Be a eee 
Ethylene glycol monethyl ether (methyl cellosolve)______ W280... lorena eee 
2cathylhaxyl acylates 2 F938. 3h eth nt feet | ne saree 
ZeGtN VINO KUL LAICO NS of cae oe on ee Re ne eee eee Oy yn) ee bag ueir re an ae 
EtHVETactate eee ee ne eee ee 1192)1D: . .—. . -o- e eee 
2-ethyli3-propylacroleint. 24. --. =. ° 2s See ae Fn Bly ww = © wees wate etree = 5a 
Formaldehyde (37 to 50 percent solution). ____ SS a's BI98.. Co o 4 2 ok eaewas ae s5ss so ee 
FOInicuacidie rie ss cae eee oe eee 1779). Dim... 5 ap 4 oe ote eee 
Furturylvalconolis st 0% 2 ree, 8 39 Be 1 CO ete ie. > > C8 -AN I SS 
Haptanoicracidiier.c os Ft one oat haar enon) seats Di. 6-6) sees asecavesaecee ee eee 
Hexamethylenediamine!__________________-__.-_-__- 17839 iCal). .o2..h eee 
Hydrochloricvacidpaso5 345. 28 845. 3550 Mi oe L789. Dy epee WAge Scie aha rr 
Hydrofluoric acid (40 percent aqueous).______________- 1790 B.. n - oso sa sccs 5 eee eee 
Hydrogen peroxide (greater than 60 percent).__________ 2018..C. 8 6 COURS... ae 
isobutyl-scrylatet: etet et bs. hele! sees ae. eek as s ys. dedy D 
QOsobutyliiaicohole 5) 5 5e3as oe Oe Oe 1212 D 
Tsobotylimathactvlate- 25ers se a ae oer ara D 
lsobutyraldehyde 20 2= Pes ot fee 2045 C 
fsonctanie4z 2637 tases gest ee tect i aoaenée uD 
tsopentane__ _D 
[Septoria seers sree a ce es oe ee oe ne rea Sees D 
Isepropylamine_____- 1221 C¢ 
isopropylicyclohekanes 2-ceo22ce( S252 so) 8. Saved hee tect tee 
Isoprene+-----— 35. - = cee oe Se Sie 1218 D 
BacticpaGil eyes seers cee sen ree cee NE re nen eee D 
Mesitylioxidaylcs 5... 963022250 ote! AS, be Tale 1229 C 
Methyl-acetate: 4-2. 283.2524 -)p- 55 ee: 1231 D 
Methyl’acrylate=-- 23022-52225 2= "50-22 eee 1919 C 
Methylamyliatcoholas! 2). S258 20% tek, ee en OR ae beet? D 
Methylene!chioridels.2 = 22) twee Seen A 1593 B 
2-Methyl-5-ethyl-pyridine!.3..45--.22= <5 48 oee SS. wastes seze Bre oe sere ve nedee thet co 5 es 
Methyl methacrylate..........-_.____- 1 eee 1247-D: 2 wsee pee ceet cele Lee ee 
2-Methypaentenets.. 26s 2356s on IE Ce 8 oo lo SE Doo. Le LL eee 
aloha=Mathylstyrenetliy ests: bie 52s sseok bei lgi: Ase 3 Duco le ate ea 
Monochlorobenzene......5  %.--- =. 7-2. --- = ee eee 11340 Bi gn ge gasses eee a 
MonGetitanolaniin@ essa soe ee eee oe a sos ase sete Dio 2 es cceccse see eee Ss 
Monoisopropanolamine.<.52- 282). oe. eee Pe eee C...5. 4. 2. Patni ae) que Bene 
Monomethyl,othanolamine?jx22- S--2 25-22) Se es ce ede Cot» cay h@hececus - ee ee 
Mononitrobenzene__..__...________- eye. | ei ee ©... wee eeeeemacases saeseea ee 
MONGISODTODTy aMING so. ose fe ce 2 ee eee a a eae C.. Ao i eee eee 
Maroholinetess 22h Sea et 2 Eee eT 2054.00.01. 104). atin SA eee 
Naphthalene:(molten):. 5.-.2ce - 2555. 2--- 2 Se. 1334 A a | .05 
Nanhthenic-acidsit-< ey ee Se eter: A ay | -05 
Nitric acid 2(90)-parcent)-. 20.2.0 2 eee 2031/2032)C. > PUTS) OL SRO DONA See Ree 
2-Nitropropanesf- fe se: PYaees fp spots pe Ce eee tees es Diorio (+.ulucse. 2 eee 
ortho-Nitrototlene =~ ppyee ee eo ee 1664 Cnn +6 - whpcacsseysedasccss See 
Nonyl alcohol !_____ a pe eas 4c... | whee teaaeta ter Fe C.......... SPEEDO URE Oty Si SQeee eee 
Nonylphenol=st2- 3th Oe. De 8 ee SOP eT oad Ci VA 2 ASA eee 
n-Octanolhe- 2-9 eee tle >. te Fe Ses gee Co Wind Ui" shied es 4 a ee eee 
Qlatntes eset eee prs ted epee mete 8s ko eee 1831, ..C.: - ..-. -«.-- YO. Beene Ee ish SS 
Oxalie-acid'(10ito25 percent)-2. 20.2. BER. eee D.-. ..~--4,- <ec RARE Sy eoeeeee 
Pentachloroethane-: ==. Se eel Wee 1669 B C4082. Jb 6. See 
-Pentane ses fee . 8s). Pee. eel tee te 1265) (Gevwwlhe ©. -32 52) Sa Pee eee 
Perchloroethylene (tetrachloroethylene)__..___________- 1897: ‘BD. ee ee 


See footnote at end of table. 


125 


APPENDIX 1.—LIST OF NOXIOUS LIQUID SUBSTANCES CARRIED IN BULK—Continued 


Residual concentration 
Pollution (percent by weight) 
category for, —— ————_______- 
Operational § (Regulation sont amen 
discharge ay of annex ) of annex 
(regulation 3 1) outside 11) within 


Substance U.N. number of annexil) special areas = special areas 

(I) c(t) (iD) (IV) 
Phenolbeesese sence ete o ete sso ook ent seseccesee 1671 B 
Bhosphoriciacid Wess a bie Fad oy ee ee 1805 D 
Phosphorus (elemental)._.._........-..---------.---- 1338 A 


Phthalic anhydride (molten) 
beta-Propiolactone ! 
Propionaldehyde 
Rropionictacid acres. ose een ots gee 
Propionic anhydride 
n-Propyl acetate ! 
n-Propyl alcohol 
n-Propylamine 
Pyridine 
Silicon tetrachloride__.......---....._._.----- 
Sodium bichromate (solution). _-. Be 
Sodium hydroxide....__.-.--.--.-...-.-- 
Sodium pentachlorophenate (solution) 
Styrene monomer 
Sulphuric acid 


ono 


etrahydrofuran tens ee eee eee ee ee ae eee 
Tetrahydronaphthalene___...-...-----.-------------- 
iletramethyibenzener=ss 528.8) tl ae a ee ae ae 
jetramethyllead = 2 00h 8 oe Se ees 
Titanium tetrachloride 


WOOPTOSEDGROSPOOSDESUNSS 


Trichloroethylene._- ae 
ihiethanOlamin@ri ss he ee ene aces ead ce eo ee 
MiiethylaminOsee neve tate e eee eee ce eet esac ss 

Trimethylbenzene!_..._.....--..-.-..----------------------------- 
Tritolyl phosphate (tricresy! phosphate) !_............------------.--- 
Turpentine (w 
WVinyllacetatetse ste ss) 5 oe a Cee Saat 1301 
Vinylidene chloride !_.__._._..-.....-.-.-.------------ 1303 
Xylenes (mixed isomers)_-...-..--.------------------ 1307 


ODpnQDDonoao 


1 Substance has been provisionally included in this list and that further data are necessary in order to complete the 
evaluation of its environmental hazards, particularly in relation to living resources. 


Appendig III 
List oF OTHER LIQUID SUBSTANCES CARRIED IN BULK 


Acetonitrile (Methyl cyanide) 
tert-Amyl alcohol 
n-Butyl alcohol 


n-Hexane 
Ligroin 
Methyl alcohol 


Butyrolactone Methylamyl acetate 
Calcium chloride (solution) Methyl ethyl ketone (2-butanone) 
Castor oil Milk 


Citric juices 

Coconut oil 

Cod liver oil 

iso-Decyl alcohol 
n-Decyl alcohol 

Decyl octy! alcohol 
Dibutyl ether 
Diethanolamine 
Diethylene glycol 
Dipentene 

Dipropylene glycol 
Ethyl alcohol 

Ethylene glycol 

Fatty alcohols (C::-C2) 
Glycerine 

n-Heptane 

Heptene (mixed isomers) 


Molasses 

Olive Oil 
Polypropylene glycol 
iso-Propyl acetate 
iso-Propyl alcohol 
Propylene glycol 
Propylene oxide 
Propylene tetramer 
Propylene trimer 
Sorbitol 

Sulphur (liquid) 
Tridecanol 
Triethylene glycol 
Triethylenetetramine 
Tripropylene glycol 
Water 

Wine 


126 


Appendix IV 


Carco Recorp Book FoR SHIPS CARRYING NOXIOUS LiquiIp SUBSTANCES 
; IN BULK 


Name of.ship.. 02 =-..___. 2 ----.~----------- ~-- S220 655-—-- 5" =" == - 2 


Voyage from____--------------------------- |) a ee - 
(a) Loading of cargo: 
1. Date and place of loading. 


2. Name and category of cargo(es) loaded. 
3. Identity of tank(s) loaded. 
(b) Transfer of cargo: 
4. Date of transfer. _ 
5. Identity of tank(s) (i) From 
(ii) To 
6. Was(were) tank(s) in 5(i) emptied? 
7. If not, quantity remaining. 
(c) Unloading of cargo: 
8. Date and place of unloading. 
9. Identity of tank(s) unloaded. 
10. Was(were) tank(s) emptied? 
11. If not, quantity remaining in tank(s). 
12. Is(are) tank(s) to be cleaned? 
13. Amount transferred to slop tank. 
14. Identity of slop tank. 


(d) Ballasting of cargo tanks: 
15. Identity of tank(s) ballasted. 
16. Date and position of ship at start of ballasting. 


(c) Cleaning of cargo tanks: 
Category A substances: 
17. Identity of tank(s) cleaned. 
18. Date and location of cleaning. 
19. Method(s) of cleaning. 
20. Location of reception facility used. 
21. Concentration of effluent when discharge to reception facility stopped. 
22. Quantity remaining in tank. 
23. Procedure and amount of water introduced into tank in final cleaning. 
24. Location, date of discharge into sea. 
25. Procedure and equipment used in discharge into the sea. 
Catcgory B, C and D substances: 
26. Washing procedure used. 
27. Quantity of water used. 
28. Date, location of discharge into sea. 
29. Procedure and equipment used in discharge into the sea. 


(f) Transfer of dirty ballast water: 

30. Identity of tank(s). 

31. Date and position of ship at start of discharge into sea. 

32. Date and position of ship at finish of discharge into sea. 

33. Ship’s speed(s) during discharge. 

34. Quantity discharged into sea. 

35. Quantity of polluted water transferred to slop tank(s) (identify slop 
tank(s) ). 

36. Date and port of discharge to shore reception facilities (if applicable). 


(g) Transfer from slop tank/disposal of residue: 
37. Identity of slop tank(s). 
38. Quantity disposed from each tank. 
39. Method of disposal of residue: 
(a) Reception facilities. 
(b) Mixed with cargo. 


127 


(c) Transferred to another(other) tank(s) (identify tank(s) ). 
(da) Other method. 

40. Date and port of disposal of residue. 

(h) Accidental or other exceptional discharge: 
41. Date and time of occurrence. 
42. Place or position of ship at time of occurrence. 
43. Approximate quantity, name and category of substance. 
44. Circumstances of discharge or escape and general remarks. 
Signature of Master 


Text of Annex III of the Convention Adopted by the Conference 


ANNEX III. REGULATIONS FOR THE PREVPNTION OF POLLUTION BY HARMFUL SUB- 
STANCES CARRIED BY SEA IN PACKAGED FORMS, OR IN FREIGHT CONTAINERS, 
PORTABLE TANKS OR ROAD AND RaiL TANK WAGONS 


Regulation 1 
APPLICATION 


(1) Unless expressly provided otherwise, the Regulations of this Annex apply 
to all ships carrying harmful substances in packaged forms, or in freight con- 
tainers, portable tanks or road and rail tank wagons. 

(2) Such earriage of harmful substances is prohibited expect in accordance 
with the provisions of this Annex. 

(3) To supplement the provisions of this Annex the Government of each Party 
to the Convention shall issue, or cause to be issued, detailed requirements on 
packaging, marking and labelling, documentation, stowage, quantity limitations, 
exceptions and notification, for preventing or minimizing pollution of the marine 
environment by harmful substances. 

(4) For the purpose of this Annex, empty receptacles, freight containers, port- 
able tanks and road and rail tank wagons which have been uSed previously for 
the earriage of harmful substances shall themselves be treated as harmful sub- 
Stances unless adequate precautions have been taken to ensure that they contain 
no residue that is hazardous to the marine environment. 


Regulation 2 
PACKAGING 


Packagings, freight containers, portable tanks and road and rail tank wagons 
shall be adequate to minimize the hazard to the marine environment having 
regard to their specific contents. 

Regulation 3 


MARKING AND LABELLING 


Packages, whether shipped individually or in units or in freight containers, 
portable tanks or road and rail tank wagons containing a harmful substance, 
shall be durably marked with the correct technical name (trade names shall not 
be used as the correct technical name), and further marked with a distinctive 
label or stencil of label, indicating that the contents are harmful. Such identifica- 
tion shall be supplemented where possible by any other means, for example by 
the use of the United Nations number. 


Regulation 4 
DOCUMENTATION 


(1) In all documents relating to the carriage of harmful substances by sea 
where such substances are named, the correct technical name of the substances 
shall be used (trade names shall not be used). 

(2) The shipping documents supplied by the shipper shall include a certificate 
or declaration that the shipment offered for carriage is properly packed, marked 
and labelled and in proper condition for carriage to minimize the hazard to the 
marine environment. 

(3) Each ship carrying harmful substances shall have a special list or 
manifest setting forth the harmful substances on board and the location 
thereof. A detailed stowage plan which sets out the location of all harmful 
substances on board may be used in place of such special list or manifest. 
Copies of such do»##ments shall also be retained on shore by the owner of the 
ship or his represefitative until the harmful substances are unloaded. 


128 


(4) In a case where the ship carries a special list or manifest or a detailed 
stowage plan, required for the carriage of dangerous goods by the Internation:l 
Convention for the Safety of Life at Sea in force, the documents required for 
the purpose of this Annex may be combined with those for dangerous goods. 
Where documents are combined, a clear distinction shall be made between 
dangerous goods and other harmful substances. 


Regulation 5 


STOW AGE 


Harmful substances shall be both properly stowed and secured so as to 
minimize the hazards to the marine environment without impairing the safety 
of ship and persons on board. 


Regulation 6 


QUANTITY LIMITATIONS 


Certain harmful substances which are very hazardous to the marine environ- 
ment may, for sound scientific and technical reasons, need to be prohibited for 
carriage or be limited as to the quantity which may be carried aboard any one 
ship. In limiting the quantity due consideration shall be given to size, con- 


struction and equipment of the ship as well as the packaging and the inherent 
nature of the substance. 


Regulation 7 


EXCEPTIONS 


(1) Discharge by jettisoning of harmful substances carried in packaged forms, 
freight containers, portable tanks or road and rail tank wagons shall be 
prohibited except where necessary for the purpose of securing the safety of 
the ship or saving life at sea. 

(2) Subject to the provisions of the present Convention, appropriate measures 
based on the physical. chemical and biological properties of harmful substances 
shall be taken to regulate the washing of lenkages overboard provided that 
compliance with such measures would not impair the safety of the ship and 
persons on board. 


Regulation 8 


NOTIFICATION 


With respect to certain harmful substances, as may be designated by the 
yovernment of «a party to the Convention, the master or owner of the ship or 
his representative shall notify the appropriate port authority of the intent 
to load or unload such substances at least 24 hours prior to such action. 


Text of Annex IV of the Convention Adopted by the Conference 


ANNEX TV. REGULATIONS FOR TITE PREVENTION OF POLLUTION BY SEWAGE 
From SuIres 


Regulation 1 


DEFINITIONS 


lor the purposes of the present Annex: 
(1)“New ship” means a ship: 
(a) for which the building contract is placed, or in the absence of a build- 
ing contract, the keel of which is laid, or which is at a similar stage of con- 


129 


struction on or after the date of entry into force of this Annex; or 

(b) the delivery of which is three years or more after the date of entry 
into force of this Annex. 

(2) “Existing ship” means a ship which is not a new ship. 
(3) “Sewage” means: 

(a) drainage and other wastes from any form of toilets, urinals, and WC 
scuppers; 

(b) drainage from medical premises (dispensary, sick bay, etc.) via wash 
basins, wash tubs and scuppers located in such premises; 

(c) drainage from spaces containing living animals; or 

(d) other waste waters when mixed with the drainages defined above. 

(4) “Holding tank” means a tank used for the collection and storage of sewage. 

(5) “Nearest land’. The term “from the nearest land” means from the baseline 
from which the territorial sea of the territory in question is established in 
accordance with international law except that, for the purposes of the present 
Convention “from the nearest land” off the north eastern coast of Australia shall 
mean from a line drawn from a point on the coast of Australia in: 

Latitude 11° South, longitude 142°08’ East to a point in latitude 10°35’ 
South, longitude 141°55’ Hast—thence to a point latitude 10°00’ South, 
longitude 142°00’ East, thence to a point latitude 9°10’ South, longitude 
143°52’ East, thence to a point latitude 9°00’ South, longitude 144°30’ East, 
thence to a point latitude 13°00’ South, longitude 144°00’ Hast, thence to a 
point latitude 15°00’ South, longitude 146°00’ East, thence to a point latitude 
18°00’ South, longitude 147°00’ East, thence to a point latitude 21°00’ South, 
longitude 153°00’ East, thence to a point on the coast of Australia in latitude 
24°42’ South, longitude 153°15’ East. 


Regulation 2 


APPLICATION 


The provisions of this Annex shall apply to: 

(a) (i) new ships of more than 200 tons gross tonnage; 

(ii) new ships of not more than 200 tons gross tonnage which are certified 
to carry more than 10 person; 

(iii) new ships which do not have a measured gross tonnage and are certified 
to carry more than 10 persons; and : 

(b) (i) existing ships of more than 200 tons gross tonnage, 10 years after the 
date of entry into force of this Annex ; 

(ii) existing ships of not more than 200 tons gross tonnage which are certified 
to carry more than 10 persons, 10 years after the date of entry into force of this 
Annex; and 

(iii) existing ships which do not have a measured gross tonnage and are 
certified to carry more than 10 persons, 10 years after the date of entry into 
force of this Annex. 

Regulation 3 


SURVEYS 


(1) Every ship which is required to comply with the provisions of this Annex 
and which is engaged in voyages to ports or offshore terminals under the juris- 
diction of other Parties to the Convention shall be subject to the surveys speci- 
ied below: 

(a) an initial survey before the ship is put in service or before the cer- 
tificate required under Regulation 4 of this Annex is issued for the first time, 
which shall include a survey of the ship which shall be such as to ensure: 

(i) when the ship is equipped with a sewage treatment plant the 
plant shall meet operational requirements based on standards and the 
test methods developed by the Organization ; 

(ii) when the ship is fitted with a system to comminute and dis- 
infect the sewage, such a system shall be of a type approved by the 
Administration ; 

(iii) when the ship is equipped with a holding tank the capacity of 
such tank shall be to the satisfaction of the Administration for the 
retention of all sewage having regard to the operation of the ship, the 
number of persons on board and other relevant factors. The holding 
tank shall have a means to indicate visually the amount of its contents ; 
and 


130 


(iv) that the ship is equipped with a pipeline leading to the exterior 
convenient for the discharge of sewage to a reception facility and that 
such a pipeline is fitted with a standard shore connection in compliance 
with Regulation 11 of this Annex. 

This survey shall be such as to ensure that the equipment, fittings, arrange- 
ments and material fully comply with the applicable requirements of this 
Annex. 

(b) Periodical surveys at intervals specified by the Administration but 
not exceeding five years which shall be such as to ensure that the equip- 
ment, fittings, arrangements and material fully comply with the applicable 
requirements of this Annex. However, where the duration of the Inter- 
national Sewage Pollution Prevention Certificate (1973) is extended as 
specified in Regulation 7(2) or (4) of this Annex, the interval of the peri- 
odical survey may be extended correspondingly. 

(2) The Administration shall establish appropriate measures for ships which 
are not subject to the provisions of paragraph (1) of this Regulation in order 
to ensure that the provisions of this Annex are complied with. 

(3) Surveys of the ship as regards enforcement of the provisions of this 
Annex shall be carried out by officers of the Administration. The Administration 
may, however, entrust the surveys either to surveyors nominated for the purpose 
or to organizations recognized by it. In every case the Administration concerned 
fully guarantees the completeness and efficiency of the surveys. 

(4) After any survey of the ship under this Regulation has been completed, 
no significant change shall be made in the equipment, fittings, arrangements, or 
material covered by the survey without the approval of the Administration, 
except the direct replacement of such equipment or fittings. 


Regulation 4 


ISSUE OF CERTIFICATE 


(1) An Internatignal Sewage Pollution Prevention Certificate (1973) shall 
be issued, after survey in accordance with the provisions of Regulation 3 of this 
Annex, to any ship which is engaged in voyages to ports or offshore terminals 
under the jurisdiction of other Parties to the Convention. 

(2) Such Certificate shall be issued either by the Administration or by any 
persons or organization duly authorized by it. In every case the Administration 
assumes full responsibility for the Certificate. 


Regulation 5 


ISSUE OF A CERTIFICATE BY ANOTHER GOVERNMENT 


(1) The Government of a Party to the Convention may, at the request of the 
Administration, cause a ship to be surveyed and, if satisfied that the provisions 
of this Annex are complied with, shall issue or authorize the issue of an Interna- 
tional Sewage Pollution Prevention Certificate (1973) to the ship in accordance 
with this Annex. 

(2) A copy of the Certificate and a copy of the survey report shall be trans- 
mitted as early as possible to the Administration requesting the survey. 

(3) A Certificate so issued shall contain a statement to the effect that it has 
been issued at the request of the Administration and it shall have the same 
force and receive the same recognition as the certificate issued under Regulation 
4+ of this Annex. 

(4) No International Sewage Pollution Prevention Certificate (1973) shall be 
issued to a ship which is entitled to fly the flag of a State, which is not a Party. 


Regulation 6 
FORM OF CERTIFICATE 


The International Sewage Pollution Prevention Certificate (1973) shall be 
drawn up in an official language of the issuing country in the form corresponding 
to the model given in Appendix to this Annex. If the language used is neither 
English nor French, the text shall include a translation into one of these 
languages. 


131 


Regulation 7 


DURATION OF CERTIFICATE 


(1) An International Sewage Pollution Prevention Certificate (1973) shall be 
issued for a period specified by the Administration, which shall not exceed five 
years from the date of issue, except as provided in paragraphs (2), (3) and (4) 
of this Regulation. 

(2) If a ship at the time when the Certificate expires is not in a port or off- 
shore terminal under the jurisdiction of the Party to the Convention whose flag 
the ship is entitled to fly, the Certificate Inay be extended by the Administration, 
but such extension shall be granted only for the purpose of allowing the ship to 
complete its voyage to the State whose flag the ship is entitled to fly or in which 
it is to be surveyed and then only in cases where it appears proper and reason- 
~ able to do so. 

(3) No Certificate shall be thus extended for a period longer than five months 
and a ship to which such extension is granted shall not on its arrival in the 
State whose flag it is entitled to fly or the port in which it is to be surveyed, be 
entitled by virtue of such extension to leave that port or State without having 
obtained a new Certificate. 

(4+) A certificate which has not been extended under the provisions of para- 
graph (2) of this Regulation may be extended by the Administration for a 
period of grace of up to one month from the date of expiry stated on it. 

(5) A Certificate shall cease to be valid if significant alterations have taken 
place in the equipment, fittings, arrangement or material required without the 
approval of the Administration, except the direct replacement of such equip- 
ment or fittings. 

(6) A Certificate issued to a ship shall cease to be valid upon transfer of such 
a ship to the flag of another State, except as provided in paragraph (7) of this 
Regulation. 

(7) Upon transfer of a ship to the flag of another Party, the Certificate shall 
remain in force for a period not exceeding five months provided that it would 
not have expired before the end of that period, or until the Administration issues 
n replacement Certificate, whichever is earlier. As soon as possible after the 
transfer has taken place the Government of the Party whose flag the ship was 
formerly entitled to fiy shall transmit to the Administration a copy of the Cer- 
tificate carried by the ship before the transfer and, if available, a copy of the 
relevant survey report. 

Regulation 8 


DISCHARGE OF SEWAGE 


(1) Subject to the provisions of Regulation 9 of this Annex, the discharge of 
sewage into the sea is prohibited, except when: 

(a) the ship is discharging comminuted and disinfected sewage using a 
system approved by the Administration in accordance with Regulation 3(1) 
(a) at a distance of more than four nautical miles from the nearest land, 
or sewage which is not comminuted or disinfected at a distance of more than 
12 nautical miles from the nearest land, provided that in any case, the 
sewage that has been stored in holding tanks shall not be discharged in- 
stantaneously but at a moderate rate when the ship is en route and proceed- 
ing at not less than 4 knots; the rate of discharge shall be approved by the 
Administration based upon standards developed by the Organization; or 

(b) the ship has in operation an approved sewage treatment plant which 
has been certified by the Administration to meet the operational require- 
ments referred to in Regulation 3(1) (a) (i) of this Annex, and 

(i) the test results of the plant are laid down in the ship’s Inter- 
national Sewage Pollution Prevention Certificate (1973) ; 

(ii) additionally, the effluent shall not produce visible floating solids 
in, nor cause discolouration of, the surrounding water; or 

(ce) the ship is situated in the waters under the jurisdiction of a State 
and is discharging sewage in accordance with such less severe requirements 
as may be imposed by such State. 

(2) When the sewage is mixed with wastes or waste water having different 
discharge requirements, the more severe requirements shali apply. 


132 


Regulation 9 


EXCEPTIONS 


Regulation 8 of this Annex shall not apply to: 

(a) the discharge of sewage from a ship necessary for the purpose of securing 
the safety of a ship and those on board or saving life at sea; 

(b) the discharge of sewage resulting from damage to a ship or its equip- 
ment if all reasonable precautions have been taken before and after the occur- 
rence of the damage, for the purpose of preventing or minimizing the discharge. 


Regulation 10 


RECEPTION FACILITIES 


(1) The Government of each Party to the Convention undertakes to ensure 
the provision of facilities at ports and terminals for the reception of sewage, 
without causing undue delay to ships, adequate to meet the needs of the ships 
using them. 

(2) The Government of each Party shall notify the Organization for trans- 
mission to the Contracting Governments concerned all cases where the facilities 
provided under this Regulation are alleged to be inadequate. 


Regulation 11 


STANDARD DISCHARGE CONNECTION 


To enable pipes of reception facilities to be connected with the ship’s dis- 
charge pipeline, both lines shall be fitted with standard discharge connection in 
accordance with the following table: 


133 


Text of Annex V adopted by the Conference 


ANNEX V. REGULATIONS FOR THE PREVENTION OF POLLUTION BY GARBAGE 
From SHIprs 


Regulation 1 


DEFINITIONS 


For the purposes of this Annex: (1) “Garbage” means all kinds of victual, 
domestic and operational waste excluding fresh fish and parts thereof, generated 
during the normal operation of the ship and liable to be disposed of continuously 
or periodically except those substances which are defined or listed in other An- 
nhexes to the present Convention. 

(2) “Nearest land’. The term “from the nearest land” means from the baseline 
from which the territorial sea of the territory in question is established in ac- 
cordance with international law except that, for the purposes of the present. 
Convention “from the nearest land” off the north eastern coast of Australia 
shall mean from a line drawn from a point on the coast of Australia in latitude 
11°South, longitude 142°08’ East to a point in latitude 10°35’ South, longitude 
141°55’ East, thence to a point latitude 10°00’ South, longitude 142°00’ East, 
thence to a point latitude 9°10’ South, longitude 143°52’ East, thence to a point 
latitude 9°00’ South, longitude 144°30’ East, thence to a point latitude 13°00’ 
South, longitude 144°00’ East, thence to a point latitude 15°00’ South, longitude 
146°00’ East, thence to a point latitude 18°00’ South, longitude 147°00’ East, 
thence to a point latitude 21°00’ South, longitude 153°00’ East, thence to a point 
on the coast of Australia in latitude 24°42’ South, longitude 153°15’ Hast. 

(3) “Special area’’ means a sen area where for recognized technical reasons 
in relation to its oceanographical and ecological condition and to the particular 
character of its traffic the adoption the special mandatory methods for the pre- 
vention of sea pollution by garbage is required. Special areas shall include those 
listed in Regulation 5 of this Annex. 


Regulation 2 


APPLICATION 


The provisions of this Annex shall apply to all ships. 
Regulation 3 


DISPOSAL OF GARBAGE OUTSIDE SPECIAL AREAS 


(1) Subject to the provisions of Regulations 4, 5 and 6 of this Annex: 

(a) the disposal into the sea of all plastics, including but not limited to 
oe ropes, synthetic fishing nets and plastic garbage bags is pro- 

ibited ; 

(b) the disposal into the sea of the following garbage shall be made as 
far as practicable from the nearest land but in any case is prohibited if the 
distance from the nearest land is less than: 

(i) 25 nautical miles for dunnage, lining and packing materials which 
will float; 

(ii) 12 nautical miles for food wastes and all other garbage includ- 
a paper products, rags, glass, metal, bottles, crockery and similar 
refuse ; 

(c) disposal into the sea of garbage specified in sub-paragraph (b) (ii) 
of this Regulation may be permitted when it is passed through a comminuter 
or grinder and made as far as practicable from the nearest land but in any 
case is prohibited if the distance from the nearest land is less than 3 nau- 


134 


tical miles. Such comminuted or ground garbage shall be capable of passing 
through a screen with openings no greater than 25 millimetres. 
(2) When the garbage is mixed with other discharges having different dis- 
posal or discharge requirements the more severe requirements shall apply. 


Regulation 4 


DISPOSALS FROM DRILLING RIGS 


(1) Fixed or floating platforms engaged in the exploration, exploitation and 
associated offshore processing of sea-bed mineral resources, and all other ships 
when alongside such platforms or within 500 metres of such platforms, are 
forbidden to dispose of any materials regulated by this Annex, except as per- 
mitted by paragraph (2) of this Regulation. 

(2) The disposal into the sea of food wastes when passed through a com- 
minuter or grinder from such fixed or floating drilling rigs located more than 12 
nautical miles from land and all other ships when positioned as above. Such 
comminuted or ground food wastes shall be capable of passing through a screen 
with openings no greater than 25 millimetres. 


Regulation 5 


DISPOSAL OF GARBAGE WITHIN SPECIAL AREAS 


(1) For the purpose of this Annex the special areas are the Mediterranean 
Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area and the 
“Gulfs area” which are defined as follows: 

(a) The Mediterranean Sea area means the Mediterranean Sea proper 
including the gulfs and seas therein with the boundary between the Medi- 
terranean and the Black Sea constituted by the 41°N parallel and bounded 
to the west by the Straits of Gibraltar at the meridian of 5°36’W. 

(b) The Baltic Sea area means the Baltic Sea proper with the Gulf of 
Bothnia and the Gulf of Finland and the entrance to the Baltic Sea bounded 
by the parallel of the Skaw in the Skagerrak at 57°44.8’N. 

(c) The Black Sea area means the Black Sea proper with the boundary 
between the Mediterranean and the Black Sea constituted by the parallel 
41°N. 

(d) The Red Sea area means the Red Sea proper including the Gulfs of 
Suez and Aqaba bounded at the south by the rhumb line between Ras si 
Ane (12°8.5’N, 43°19.6’E) and Husn Murad (12°40.4’N, 43°30.2’B). 

(e) The “Gulfs area” means the sea area located north west of the rhumb 
line between Ras al Hadd (22°30’N, 59°48’E) and Ras al Fasteh (25°04’N, 
61°25’E). 

(2) Subject to the provisions of Regulation 6 of this Annex: 

(a) disposal into the sea of the following is prohibited : 

(i) all plastics, including but not limited to synthetic ropes, syn- 
thetic fishing nets and plastic garbage bags; 

(ii) all other garbage, including paper products, rags, glass, metal, 
bottles, crockery, dunnage, lining and packing materials; 

(b) disposal into the sea of food wastes shall be made as far as practi- 
cable from land, but in any case not less than 12 nautical miles from the 
nearest land. 

(3) When the garbage is mixed with other discharges having different dis- 
posal or discharge requirements the more severe requirements shall apply. 

(4) Reception facilities within special areas. 

(a) The Government of each party to the Convention, the coast line of 
which borders a special area undertakes to ensure that as soon as possible 
in all ports within a special area, adequate reception facilities are provided 
in accordance with Regulation 7 of this Annex, taking into account the 
special needs of ships operating in these areas. 

(b) The Government of each party concerned shall notify the Organiza- 
tion of the measures taken pursuant to sub-paragraph (a) of this Regula- 
tion. Upon receipt of sufficient notifications the Organization shall establish 
a date from which the requirements of this Regulation in respect of the area 
in question shall take effect. The Organization shall notify all parties of the 
date so established no less.than twelve months in advance of that date. 


135 


(c) After date so established, ships calling also at ports in these special 
areas where such facilities are not yet available, shall fully comply with 
the requirements of this Regulation. 


Regulation 6 


EXCEPTION 


Regulations 3, 4 and 5 of this Annex shall not apply to (a) the disposal of 
garbage from a ship necessary for the purpose of security the safety of a ship, 
the health of its personnel, or saving life at sea; (b) the escape of garbage 
resulting from damage to a ship or its equipment provided all reasonable pre- 
cautions have been taken before and after the occurrence of the damage, for the 
purpose of preventing or minimizing the escape; (c) the accidental loss of syn- 
thetic fishing nets or synthetic material incidental to the repair of such nets, 
provided that all reasonable precautions have been taken to prevent such loss. 


Regulation 7 


RECEPTION FACILITIES 


(1) The Government of each party to the Convention undertakes to ensure the 
provisions of facilities at ports and terminals for the reception of garbage, with- 
out causing undue delay to ships, and according to the needs of the ships using 
them. 

(2) The Government of each party shall notify the Organization for transmis- 
sion to the parties concerned of all cases where the facilities provided under this 
Regulation are alleged to be inadequate. 


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np | Fila! oud the @atranee tothe Battie See Bee 

y the iy ; ie Reel At om. ahs Reena 

e : p jit proper fh the ha end 


it . Minck My conutiiivted: by legs 4 
ite o prope teding thin Opt 
nt le rhasaly tae Delween Rae 
7. + Mivred (4240S, aaa gaeireae 
7 wea Sion locnoed north. wiekihet the shine 

Cee ee 


‘] Al 
zu P ttia A Wst ob Ge “a 
i of the Colleen ke apetthhtad a , 
1 LY, wy 7 \ ant) -—~1) yut here raped, 


ok lui, matedtais 3 Bhs 
» AOL be Binsle cae far-ax yrad 
Ch 2 nehtiea? giflen feoum, ths 


Chart ion) thecal , 
‘ry 7 bit. see eee ie ee 
- entivd fachtties gee Prox 

save ; lin Aunew, taking foto: @seoumitaaae 


; tore) elendl wetity the ® 
‘4 Gs fakew paver ‘olvmitectanh Ga) of) tinhe 
ody py / lArativou (hye (Che enitantion sal deal 

, < urate ten, tn ree eet ot thes 
rhe (tmoniaatiwn MAE nethty aet pletion of 
ute we iets v | hit velvet monte tx sehen ew Sh Pee ieee