A bill to amend the Intervention on the High Seas Act to implement the Protocol Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other Than Oil, 1973.
PL 95-302 (S.2380), enacted 06/26/1978

92 STAT. 344 
PUBLIC LAW 95-302—JUNE 26, 1978 
Public Law 95-302 
95th Congress 
June 26, 1978 
[S. 2380] 
Intervention on 
the High Seas 
Act, amendment. 
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note. 
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Definitions. 
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An Act 
To amend the Intervention on the High Seas Act to implement the protocol 
relating to intervention on the high seas in cases of marine pollution by 
substances other than oil, 1973. 
Be it enacted by the Senate and House of Representatives of ths 
United States of America in Congress assemibled, That the Interven-
tion on the High Seas Act (88 Stat. 8, Public Law 93-248) is amended 
as follows: 
(1) Section 2 is amended to read as follows: 
"SEC. 2. As used in this Act— 
"(1) 'a substance other than convention oil' means those oils, 
noxious substances, liquefied gases, and radioactive substances— 
" (A) enumerated in the protocol, or 
"(B) otherwise determined to be hazardous imder section 
4:(a); 
"(2) 'convention' means the International Convention Relat-
ing to Intervention on the High Seas in Cases of Oil Pollution 
Casualties, 1969, including annexes thereto; 
"(3) 'convention oil' means crude oil, fuel oil, diesel oil, and 
lubricating oil; 
" (4) 'Secretary' means the Secretary of the department in which 
the Coast Guard is operating; 
" (5) 'ship' means— 
"(A) a seagoing vessel of any type whatsoever, and 
"(B) any noatmg craft, except an installation or device 
engaged in the exploration and exploitation of the resources 
of the seabed and the ocean floor and the subsoil thereof; 
"(6) 'protocol' means the Protocol Relating to Intervention on 
the High Seas in Cases of Marine Pollution by Substances Other 
Than Oil, 1973, including annexes thereto; and 
"(7) 'United States' means the States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Canal Zone, Guam, Ameri-
can Samoa, the United States Virgin Islands, the Trust Territory 
of the Pacific Islands, the Commonwealth of the Northern Man-
anas, and any other commonwealth, territory, or possession of 
the United States.". 
(2) Section 3 is amended by— 
(A) striking the word "oil" and inserting in lieu thereof the 
phrase "convention oil or of the sea or atmosphere by a sub-
stance other than convention oil"; and 
(B) striking the word "Convention" and inserting in lieu 
thereof the phrase "convention, the protocol". 
(3) Section 4 is amended by— 
(A) inserting the words "human health," between the words 
"limited to," and "fish" and designating the existing section as 
subsection (b); 
(B) adding a new subsection (a) as follows: 
"(a) The Secretary, after consultation with the Administrator of 
the Environmental Protection Agency and the Secretary of Com-
merce, shall determine when a substance other than those enumerated 
PUBLIC LAW 95-302—JUNE 26, 1978 
92 STAT. 345 
in the protocol is liable to create a hazard to human health, to harm 
living resources, to damage amenities, or to interfere with other legiti-
mate uses of the sea.". 
(4) Section 10 is amended by adding a new subsection (c) as follows: 
"(c) With respect to intervention for a substance identified pur-
suant to section 4(a), the United States has the burden of estab-
lishing that, under the circumstances present at the time of the 
intervention, the substance could reasonably pose a grave and immi-
nent danger analogous to that posed by a substance enumerated in the 
protocol.". 
(5) Section 13 is amended— 
(A) in subsection (a) by striking the period at the end of the 
subsection and inserting in lieu thereof the phrase "and article 
II of the protocol and may propose amendments to the list of sub-
stances other than convention oil in accordance with article III of 
the protocol."; and 
(B) in subsection (b) by striking the words "annexes thereto" 
and inserting in lieu thereof the word "protocol". 
(C) by adding a new subsection (c) as follows: 
"(c) The President may accept amendments to the list of substances 
other than convention oil in accordance with article I I I of the 
protocol.". 
(6) Section 15 is amended by inserting the words ", the protocol," 
between the words "convention" and "and". 
SEC. 2. This Act shall be effective upon the date of enactment, or 
upon the date the protocol becomes effective as to the United States, 
whichever is later. 
Approved June 26, 1978. 
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Effective date. 
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note. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1238 accompanying H.R. 188 (Comm. on Merchant Marine 
and Fisheries). 
SENATE REPORT No. 95-785 (Comm. on eommerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol 124 (1978): 
May 11, considered and passed Senate. 
June 5, considered and passed House, amended, in lieu of H.R. 188. 
June 13, Senate concurred in House amendment.