PAGENO="0001" /1 / L. OUTER CONTINENTAL SHELF POLICY ISSUES HEARINGS BEFORE THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS UNITED STATES SENAT1~ Pursuant to S. Res. 45 A National Fuels and Energy Policy Study NINETY-SECOND CONGRESS SECOND SESSION * ON OVERSIGHT ON OUTER CONTINENTAL SHELF LANDS ACT MARCH 23, 24, AND APRIL 11, 18, 1972 Serial No. 92-27 PART 3-APPENDIX 0 Printed for the use of the Committee on Interior and Insular Affairs U.S. GOVERNMENT PRINTING OFFICE 77-463 0 WASHINGTON: 1972 For sale by the Superintendent of Documents, U.~S. Government Printing Office Washington, D.C., 20402 - Price $1.75 ~ 2~Lf PAGENO="0002" COMMITTEE ON INTERIOR AND INSULAR AFFAIRS HENRY M JACKSON Washington Chairman CLINTON P. ANDERSON, New Mexico GORDON ALLOTT, Colorado ALAN BIBLE Nevada LEN B JORDAN Idaho FRANK CHURCH, Idaho PAUL J. FANNIN, Arizona FRANK B. MOSS, Utah CLIFFORD P. HANSEN, Wyoming QUENTIN N BURDICK North Dakota MARK 0 HATFIELD Oregon GEORGE McGOVERN South Dakota HENRY BELLMON Oklahoma LEE METCALF Montana JAMES L BUCKLEY New York MIKE GRAVEL Alaska JERRY T. VERKLER, A~taff Director WILLIAM J VAN NESS ChIef Counsel DANIEL A DREYFUS Prof essional Staff Member MARY JANE DUE Staff Counsel CHARLES COOK, Minority Counsel (II) / PAGENO="0003" SENATE RESOLUTION 45 NATIONAL FUELS AND ENERGY POLICY STUDY This publication is a background document for the National Fuels and Energy Policy Study authorized by Senate Resolution 45, introduced by Senators Jen- nings Randolph and Henry M. Jackson on February 4, 1971, and considered, amended, and agreed to by the Senate on May 3, 1971. The resolution authorizes the Senate Interior and Insular Affairs Committee, and ex-officio members of the Committees on Commerce and Public Works and the Joint Committee on Atomic Energy, to make a full and complete investigation and study of National Fuels and Energy Policies. This document is published to assist members of the Committee and other interested parties in their understanding of the issues inherent in the formula- tion of a long-term National Energy Policy which assures the continued welfare of the Nation, including balanced growth, safeguarding and enhancing the quality of the environment, and national security. COMMITTEE ON INTERIOR AND INSULAR AFFAIRS HENRY M. JACKSON, Washington, Chalrmait CLINTON P. ANDERSON, New Mexico GORDON ALLOTT, Colorado ALAN BIBLE, Nevada LEN B. JORDAN, Idaho FRANK CHURCH, Idaho PAUL J. FANNIN, Arizona FRANK E. MOSS, Utah CLIFFORD P. HANSEN, Wyoming QUENTIN N. BURDICK, North Dakota MARK 0. HATFIELD, Oregon GEORGE McGOVERN, South Dakota HENRY BELLMON, Oklahoma LEE METCALF, Montana JAMES L. BUCKLEY, New York MIKE GRAVEL, Alaska Ba, Officio Members Pursuant to Section 3 of Senate Resolution 45 COMMITTEE ON COMMERCE WARREN G. MAGNUSON, Washington, Chairman NORRIS COTTON, New Hampshire COMMITTEE ON PUBLIC WORKS JENNINGS RANDOLPH, West Virginia, Chairman JOHN SHERMAN COOPER, Kentucky JOINT COMMITTEE ON ATOMIC ENERGY ALAN BIBLE, Nevada HOWARD H. BAKER, JR., Tennessee JERRY T. VERKLEIt, Staff Director WILLIAM J. VAN NEss, Study Director and Chief Counsel DANIEL A. DREYFUS, Profes8ional Staff and Engineering Consultant RICHARD D. GRUNDY, Eteecutive Secretary and Professional Staff ARLON TUssING, Staff Economist MARY JANE Duz, Staff Counsel DAVID STANG, Deputy Director for Minority JEFF COOPER, Research Assistant HARRY PERRY, Senior Specialist, Congressional Research Service, Library of Congress (III) PAGENO="0004" 4, / PAGENO="0005" CONTENTS APPENDIX "A Research Design for a Technology Assessment of Offshore Oil Opera- Page tions," University of Oklahoma, January 1972 1558 Blumer, Max, senior scientist, Woods Hole Oceanographic Institution, material submitted: Letter to Senator Jackson, April 14, 1972 1449 FAO Conference on Marine Pollution, Rome, Italy, December 9-18, 1970 1451,1524 Supplement 1532 Scientific aspects of the oil spill problem 1463 Letter to Dr. Gardner S. Hunt, chemist, Maine Environmental Im- provement Commission, March 29, 1971 1484 Testimony before Subcommittee on Air and Water Pollution, Machias, Maine, June 30, 1970 1489 Testimony before the Conservation and Natural Resources Subcom- mittee, July 22, 1970 1494 Testimony before the Antitrust and Monopoly Subcommittee, Au- gust 4-6, 1970 1498 Persistence and degradation of spilled fuel oil 1504 Determination of Polycyclic Aromatic Hydrocarbons in Oysters Col- lected in Polluted Water, National Institutes of Health, Bethesda, Md 1510 Hydrocarbon Pollution of Edible Shellfish by an Oil Spill, contribution No. 2444 1516 Clean Seas, Inc., Santa Barbara, Calif 1553 Department of the Army: Statement 1344 Department of Commerce: Statement - 1335 Maritime Administration Report on Question and Policy Issues~.~ 1336 Department of Transportation: Statement 1346 Responses to questions submitted by the Committee 1346 Memorandum of Understanding 1363 "Safety Aspects of Offshore Installations in the Gulf of Mexico," Maritime Safety Committee 1364 Report of Marine Board of Investigation, April 22, 1957 1374 Commandant's action on Marine Board of Investigation; explosion and fire on board offshore platform South Timbalier Block 134-D1, Gulf of Mexico, July 26, 1959, with loss of life 1379 Explosion and fire on board offshore platform South Timbalier Block 134-D1, Gulf of Mexico, on July 26, 1959, resulting in loss of life of Claude F. Bulliard, and injury to seven offshore oil rig workers, from Marine Board of Investigation 1381 Department of the Treasury: Statement 1385 Edwards, Edwin, Governor, State of Louisiana: Letter to Senator Jackson, June 19, 1972 1385 Response to questions submitted by the committee 1386 Joint pretrial statement, No. 9 1404 "Effects of Exposure to Oil on Mytitus Caitfornianus From Different Locali- ties," University of Southern California, sea grant program, Los An- geles, Calif 1780 Environmental Protection Agency: Statement 1331 Graves, C. L., president, J. Ray McDermott & Co., Inc., New Orleans, La 1866 (V) PAGENO="0006" VI Krueger, Robert B., Los Angeles, Calif., material submitted: Letter to Senator Jackson, April 26, 1972 Articles from Natural Resources Journal: Page 1589 July1970 October 1970 Lambeth Charles F Jr president American Freedom Association Inc_. 1590 1664 1449 Lewis A Barton in behalf of Friends Committee on National Leglslation_~. 1585 Mobil Oil Corp New York N Y 1785 1787 Neushul M associate professor of botany University of California Santa Barbara: Statement The Santa Barbara oil spill: 1713 Part 1 1715 Part 2 1732 Office of Emergency Preparedness: 1325 Responses to questions submitted by the committee 1325 Porter William II Palmdale Calif statement of 1821 Reagan Hon Ronald Governor State of California Letter to Senator Jackson, May 12, 1972 1408 The Offshore Petroleum Resource a report by the Department of conservation 1410 1752 4 Sanders Dr Norman K Department of Geography University of Cali fornia at Santa Barbara statement of Sources and Biodegradation of Carcinogenic Hydrocarbons by Claude E. Z. Bell, Scripps Institution of Oceanography, University of California, San Diego, La Jolla, Calif 1764 Stanley C. Maxwell, professional engineer and chairman of the board of Stanley Consultants Inc 1759 Straughan, Dale, University of California: Factors Causing Environmental Changes After Oil Spill 1775 What Has Been the Effect of the Spill on the Ecology in the Santa Barbara ChanneP 1799 White, Lee C., Washington, D.C 1785 PAGENO="0007" APPENDIX (Under authority previously granted, the following statements and communications were ordered printed:) STATEMENT SUBMITTED BY THE OFFICE OF EMERGENCY PREPAREDNESS EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF EMERGENCY PREPARDNESS, Washingtoii, D.C., May 10, 1972. Holi. HENRY M. JACKSON, Chairman, Committee on Interior and Insular Affairs, U.s. senate Washington, ~ D.C. DEAR Ma CHAIRMAN: Thank you for your letter of March 8, 1972, concerning the development of energy resources on the outer continental shelf. Our submission is enclosed. You will note that we have responded selectively to the questions raised by the Committee for this agency's comment. The basis of our choice is that the Department of the Interior has the requisite experience and is therefore better qualified than OEP to respond to those questions* which we have not answered. Sincerely, G. A. LINCOLN, Director. Enclosure. QUESTIONS SUBMITTED BY THE COMMITTEE TO THE OFFICE OF EMERGENCY PREPAREDNESS AND THEIR RESPONSES Question 1-2. In light of eccisting and projected demands for energy and the simultaneous requirement to protect the marine environment, what alternative source of energy, other than OCI~I petroleum from future leases, are readily avail- able and at what economic costs and environmental risks? The revised Environmental Impact Statement recently published by the Bureau of Land Management for scheduled 1972 OCS lease sales includes a comprehensive discussion of alternative energy sources. Most of the alternative sources listed are not readily available but were included to comply with the court decision. Alternative energy sources that are readily available within a 10- to 1~-year time-frame include: 1. Additional onshore oil and gas reserves within the lower 48 states. 2. Alaskan oil and gas reserves. 3. Imported crude oil and gas from Canada. 4. Overseas imports of oil and gas. 5. Domestic coal. 6. Nuclear energy. Development of additional onshore oil and gas reserves presents minimum environmental risk. Unfortunately, declining domestic exploration indicates that the economic cost of discovering and developing such reserves exceeds the value of such reserves. Barring an unexpected exploration breakthrough, it is unlikely that this source will be ample to supply our immediate energy requirements un- less there is a substantial increase in wellbead prices. Even with substantial in- creases in wellhead prices, many informed individuals believe that we will be un- able to supply our future energy needs from this source. At the present time the delivered price of domestic gas is appreciably lower than alternative energy sources (with the exception of high-sulphur coal in cer- tain locations) and supplies are insufficient to meet demand. Since any shortfall (1325) PAGENO="0008" 1326 in domestic gas supplies must be replaced by higher cost energy sources (e.g., fuel oil at 7O~/MMBPU), a higher welihead price for new domestic gas up to the price of competitive fuels would not increase our total energy cost, although it would increase that portion of our energy costs attributed to gas. Consequent- ly, increasing the wellhead price of new domestic gas to encourage increased exploration for gas reserves represents our least expensive method to increase our energy resources. Increased gas exploration would also result in the acci- dental discovery of additional oil reserves. In contrast to a gas price increase, increased domestic wellhead prices for oil will directly and immediately increase our total energy costs. To encourage increased domestic exploration for and development of oil reserves without in- creasing prices the Government could grant additional tax relief such as in creased depletion allowance investment tax credits or full expensing ot all ex ploration expenses. Any Government action to improve the economics of domestic production should be coupled with provisions to insure that any increased bene- fits be applied to increase domestic exploration. One provision that would result in increased domestic exploration would be to limit allowed depletion to the amount of expenditure for direct domestic exploration. The high bonuses paid for Alaskan leases indicate that substantial oil and gas reserves are likely available from this source at costs no higher than present energy costs-at least the industry apparently thought so at the time of the lease sale. However, Alaskan oil and gas production can be obtained only at some en- vironmental risk The extent of this risk is discussed in detail in a recently released Environmental Impact Statement pertaining to the Alyeska Pipeline 4 (TAPS). Alaskan oil is vitally needed for our economy, but even if all environ- mental problems are satisfactorily resolved, the volume of oil and gas from Alaska is unlikely to be sufficient to solve our energy problem. Energy from the Alaskan North Slope could become available by 1976 if construction of the Alyes- ka pipeline is not further delayed. Crude oil and gas can be imported from Canada with minimum environmental risk. The oil provinces of Alberta and Saskatchewan have been extensively ex- plored, and substantially increased imports from these areas are unlikely. The Canadian Government has already limited gas exports. The Canadian Arctic holds considerable promise for additional reserves during the 1980s. If signifi- cant oil reserves are discovered, their delivered cost could be similar to other energy sources, although large reserves will be necessary to justify building transportation facilities The delivered cost of arctic gas will almost certainly exceed the present cost of U S energy even if large reserves are discovered Most likely transportation costs alone will approach present energy costs. Large Canadian oil or gas reserves offshore the Maritime provinces or in the Eastern Arctic Islands accessible to water, likely could be delivered to Eastern Canada and the U.S. East Coast at prices competitive with existing energy costs. However, water transportation would increase environmental risks. While the Canadian Arctic has the potential for supplying an appreciable portion of our projected energy gap during the 1980s, any projection of reserves from this source at this time is speculative. The extremely high cost of develop- inent and transportation will require the discovery of giant fields to justify commercial development Exploration results to date while encouraging are insufficient to fully assess the area s potential Increased overseas oil Imports can be obtained presently at a lower cost than U.S. energy. Recent events indicate that the cost of these imports will likely increase and possibly approach U S energy costs For the period through the I 970s there appears to be sufficient worldwide crude oil reserves (principally in the Middle East) to supply the world's energy needs. However, if producing countries decide to prorate production, a world shortage could develop. Large volumes of foreign reserves can be imported only at increased environ- mental and security risks. The vast majority of oil spills has resulted from tanker operations, and not from offshore oil and gas development. Un1ess we in- crease domestic or Canadian energy sources u e can expect significant increases in tanker movements at increased environmental risk. We can reduce both the cost of crude oil imports and future environmental risks by deve!oping several deepwater oil terminals to allow handling larger tankers and to reduce the num- ber of unloadings. Significantly increased imports present substantial risks to our national se- curity. The bulk of such imports will originate in the Middle East. Recent years PAGENO="0009" 1327 have shown the willingness of certain exporting countries to cut-off supplies for both economic and political purposes. Further, projections of future oil income to the larger exporting countries indicate that they will accumulate sufficient capital reserves to allow shuttii~g in production for extended periods of time. Consequently, it is not unreasonable to anticipate the possible future loss of a substantial portion of our imports for a sufficient time to materially affect our economy. Domestic coal represents a potential low-cost energy source but presents seri- ous environmental problems. Transportation costs of coal on a BTEJ basis are substantially higher than transportation costs of oil or gas. The bulk of the coal in the Eastern portion of the U.S. has a high-sulphur content that limits its use until either coal desulphurization or stack gas cleanup technology is developed. Western coal has a low-sulphur content, but high transportation costs increase the delivered cost in most consuming areas above that of alternative energy sources. Technology is currently being developed to convert coal to synthetic crude oil or synthetic gas. This will allow reduced transportation costs. However, con- version costs will be high so delivered costs of the converted energy forms will most likely exceed present delivered costs. Nuclear power will supply an increasing portion of our energy needs. It has the potential of providing energy at lower cost than other energy forms. how- ever, environmental and safety considerations have slowed development of this r energy source. For the near `term, and until environmental and safety problems ~ are solved, we cannot rely on this source to supply our energy needs. Other potential energy sources such as shale oil, solar energy and geothermal energy are not readily available at this time. Hydroelectric power does not offer the potential to supply significant amounts of energy. The OCS offers the potential for yielding significant additional oil and gas reseryes. The magnitude of the bonus bids indicates that industry feels that this energy can be produced at an economic cost comparable to existing energy costs. Offshore oil and gas development involves some environmental risk, but the overall risk appears less than the risk from alternative energy sources that will be substituted if the OCS Is not developed. Question 1-3. What would be the economic, security of supply, and environ- mental consequences of alternative strategies for scheduling of 00$ resource development (e.g., postponing development and consumption of these resources until the need for them is greater due to increased costs or unavailability of im- ported oil)? Alternative strategies for OCS resource development are as follows: 1. Shut down OCS operations (See question K-5). 2. Continue present operations but delay further leasing and exploration. 3. Continue present operations and continue exploration (geophysical and core tests) in undeveloped areas but postpone testing of any prospects. 4. Same as 3 but adequately test prospects discovered to prove reserves. Delay development of any discovery. 5. Oontinue present operations, and explore, test and develop new reservoirs but shut in new wells as an emergency standby (see question L-1). 6. Continue active operations on OCS. (a) Slow sehed'~"~, exn1'~t a and development. (b) Rapid schedule, exploration and development. We do not feet that aileinaus, C i has any merit (refer to question K-5). From a national security point of view we are interested in achieving a maxi- mum combination of U.S. production, and standby reserve capacity. The goal is to maintain the ability to supply U.S. energy requirements with minimum rationing or dislocations in our economy during any disruption of imported supplies. Alternatives 1 through 4 would result in increased imports without develop- ing equivalent standby capacity, and this would tend to imperil our national security. Lead-times are such that relatively little supply could be obtained during a crisis from any discovery not developed prior to the time of crisis. In alternative 2, a minimum lead-time of approximately 3-4 years would be required to develop substantial additional production, even assuming a crash program. Presumably, alternatives 3 or 4 would reduce lead-time since exploration would have been conducted in advance. However, previously discovered fields could be rapidly developed only if adequate rigs were available, platforms had been pre- lesigned, and platform steel was available. Since, under alternative 4, there PAGENO="0010" 1328 likely would be little activity immediately prior to the emergency, there would be few, if any, rigs available on short notice. As a consequence, appreciable delays would likely occur in assembling equipment to start development. Thus, a minimum lead-time of 2 to 3 years seems likely under alternative 4. Alternative 5 would allow rapid response to an emergency. However, as dis- cussed more fully in question L-1, the cost would be high and, in the short term (i.e., the next 10-15 years), total U.S. capacity would likely be less under this option than if full activity is continued (alternative 6). In the long term (i.e., 15-20 years), alternative 6 could result in depletion of U.S. reserves and lead to greater import requirements if alternative energy sources (i.e., shale oil, coal gasification, solar energy, geothermal energy, nuclear energy), are not sufficient by then to take up any slack. In the short term, though, the policy of developing, producing and reinvesting proflt.s and returned capital to discover additional production (alternative 6) should result in greater U.S. producing capacity than a policy of shutting in production (alternative 5). As discussed in question L-1, if the cost of shutting in production were invested instead in developing new production, it should yield more new oil than the decline from the old production. From a national security point of view, alternative 6 appears most attractive. To solve our near-term security problem, alternative 6(b) would be preferable to alternative 6(a). From an environments 1 point of view, alternatives 1 through 5 would result in greater environmental risk than alternative 6. This is true since tanker transport poses greater environmental risk than offshore operations. (Referj to question K-5 for a fuller discussion.) Alternatives 1 and 5 would result in both the risk of increased tanker operations and the risk resultin.g from shut- in offshore production. Alternative 6 would pose the least environmental risk. From an economics point of view, alternatives 1 and 5 would have the highest cost since they would tie up large amounts of non-productive capital. The interest costs of such capital would exceed any potential initial savings from using lower cost foreign oil. From the point of view of total national energy cost, some savings could be obtained from alternatives 2 through 4. Such savings would be obtained at in- creased environmental and security risks plus the risk resulting from a deteriora- tion of the U.S. oil industry's domestic technical staffs. The consequences of a deterioration in domestic technical staffs is difficult to assess. Technical capa- hilities would remain due to overseas requirememits, but local knowledge and the number of technical personnel would diminish, making later expansion more difficult. Alternatives 2 through 4 are attractive economically only because foreign oil is less expensive than domestic crude. If foreign oil prices increase to the U.S. price (which is conceivable), then there would be no consumer advantage to 4 these alternatives. From an investment point of view, alternative 6 is superior. Presently, the OSC represents our most attractive domestic exploration prospects. Invest- ment to develop our best prospects (the OCS), represents our macst efficient use of capital. Question J-6. TVliat contingency plans and cooperative arrangements have been effected by industr!I regai-ding accidents in offshore oil and gas opera- tions? Hom" would these affect response time, total cost and environmental impact? Are further measures desirable or required? The oil industry has formed cooperative groups to pool equipment and resources and has prepared emergency contimigency plans for combating oil spills in all major port areas and offshore producing areas. The various groups were or- ganized to allow rapid mobilization of all available resources to combat any spill. Rapid response using all such resources should allow most effective contain- mnent with minimum environmental impact. The National Oil and Hazardous Substances Pollution Contingency Plan, ~ prepared at the direction of the 91st congress and PL 91-224, provides a meeb- anismn for coOrdinating government response to a spill of oil or hazardous poflut- ing substance. The policy of the Federal Government is to respond to those spills in which cleanup is required amid in which adequate action is not being taken by the responsible la rty or other entity. The President, in section 4(a), Executive Order 1154S, July 22, 1970, delegated authority and responsibility to the Council `on Environmental Quality to carry out subsection (c) (2) of Section 11 of the Federal Water Pollution Control Act, as amended, (33 USC 1151, et seq.). PAGENO="0011" 1329 Primary and Advisory Federal Agencies have been designated and assigned specific duties and responsibilities under the Contingency Plan. A National Response Center, a National Response Team, and Regional Response Teams have been established as set forth in the Contingency Plan. For spill response activi- ties, Federal on-scene coordination will be accomplished through a single, pre- designated agent, the On-Scene Coordinator. The Office of Emergency Prepared- ness has been designated as an advisory Federal Agency. It will maintain an awareness of each pollution incident but will have no direct responsibility unless a request is received from `a Governor of a State for a major disaster declara- tion. If the President declares that a pollution spill constitutes a major disaster under PL 91-606, the Director, OEP, will provide coordination and direction of the Federal response in accordance with OEP policies and procedures. The industry groups appear capable of handling most accidents without major governmental assistance. However, technology is not presently available to con- tain major oil spills under conditions of strong currents or heavy seas. Much re- search is needed on containment and recovery methods at sea and a considerable effort is under way. Curren.t efforts must be continued and additional funds allocated for oil spill control research efforts. This is an appropriate area for joint industry.government effort. The most effective method to control oil spills is to prevent them. Since the Santa Barbara spill, the U.S.G.S. has significantly tightened regulations con- cerning offshore development and production activities to minimize future spills. Since offshore oil and gas operations have not been a major source of pollution (an investigation by the Dillingham Corporation for the API has shown that the large majority of past major spills resulted from tanker operations), the re- vised regulations appear adequate, provided they are properly enforced. In addition to creating cooperatives to respond to any oil spill, the oil com- panies have critically reviewed their safety procedures to prevent or minimize future accidents. The high cost of offshore accidents, both economically and po- litically, was driven home by the Santa Barbara spill and two more recent acci- dents on the Gulf Coast O.CS. Such reviews have resulted in a number of pro- cedural and design changes that should reduce the likelihood of future accidents. Question K-5. If a short-term (two-year) or long-term (five- to ten-year) moratorium were established and all OU~ operations were suspended: (a) Prom what probable alternative source would petroleum be filled? (b) To what extent, if any, would these alternatives reduce the risk of coast- line oil pollution? (c) What new environmental risks would be associated with alternative sources of supply? (a) The only alternative sources of energy readily available at present to re- place OCS oil and gas are additional crude oil imports and limited volumes of high-sulphur U.S. coal. We have essentially no existing shut-in domestic oil or gas capacity remaining to make up any shortfall resulting from suspension of present 005 oil and gas operations. Long development lead times will prevent rapid development of additional onshore supplies or alternative energy re- sources such as shale oil, western coal, atomic energy, etc. Use of high-sulphur coals are presentely limited by environmental restrictions and coal desulphurization or stack gas cleanup technology are not presently available to allow significant increases in coal usage. Presently, low-sulphur crudes are in tight supply in the world market. The sudden removal of in excess of one million barrels per day low-sulphur OCS crude from the market would likely result in supply shortage and an immediate and significant price increase in foreign low-sulphur crudes. High-sulphur crudes can be desuipherized using existing technology. However, existing desulpihurization facilities would not be adequate to handle the increased demand and about two years lead-time would be required to construct necessary additional facilities. Desulphurization is costly and is not without its own en- vironmental impact. Consequently, the availability of large volumes of high- sulphur crude would not prevent price increases of low-sulphur crude-unless the U.S. was willing to materially ease its sulphur restrictions. (b) Importing foreign crude oil to replace shut-in OCS production would in- crease, not reduce, the risk of coastline oil pollution. The large majority of past oil spills have been from tanker operations, not oil and gas operation. If the goal is to reduce pollution, a trade of a relative low-pollution risk (oil and gas opera- tions) for a high-pollution risk (tanker operations) is not logical. PAGENO="0012" 133O~ Further, declaring a moratorium on OCS operations will neither eliminate nor materially reduce the risk of pollution from existing oil and gas wells on the ocs. The principal danger of aeddental spills from producing wells results from accidental collisions with shipping, damage during hurricanes, or from corrosion of casing, well equipment, or flow lines. These risks will continue whether the wells are producing, or shutin. In fact, extending the life of the wells and total exposure time by temporarily shutting them in during a moratorium period would increase the total risk of pollution during the life of the wells. The danger of pollution from existing OCS wells could be significantly reduced during a moratorium period only by temporarily abandoning all wells (I e setting bottom hole plugs to isolate all producing zones from the welihead). This could be accomplished only at high cost and at increased environmental risk dur- ing the time period when the wells are reworked to remove the plugs and return them to production. (c) New environmental risks associated with alternative sources of supply would be the increased risk of oil spills resulting from significant increases in oil tanker activity. Other Comments-In our opinion, a moratorium on existing QOS operations would have no merit from an economic environmental conservation or national security point of view. We strongly recommend that any consideration of such a policy be completely rejected. The unfavorable economic and environmental considerations were discussed above A moratorium would alec be detrimental to good conservation practice since shutting in production from reservoirs undergoing pressure maintenance or secondary recovery operations would lead to reduced oil recovery in most ~ cases. Shutting in producing wells on the OCS would reduce industry cash flow by approximately $1 billion per year. A reduced cash flow of this magnitude would not only significantly reduce the amount of returned capital available for rein- vestment, but the reduced earnings and cash flow would materially reduce the ability of the industry to raise additional capital through borrowings (bonds or debentures) or by the sale of equity ownership (stock). With a crippled industry unable to rai.se the large amounts of capital that will be required to meet our future energy requirements we could expect to become rapidly and increasingly dependent upon foreign energy supplies to the detriment of our national security. Question L-1. What consideration has been or should be given to development of OC~ tracts and holding production in ready reserve in the event of disrup tions in foreign or other sources of supply? Little consideration has been given to this alternative since it will not mate- i ially improve our ability to respond to a disruption in foreign supply and it can only be implemented at high cost. The vital consideration during a supply I disruption is our total production ca'pabiltiy, not just our shut-in capacity. Shutting in a field will not increase our total production capacity. There would appear to be some gain with time in shutting in a field since the production capacity of a producing field will decline while that of a shut-in field will remain constant. However, we cannot expect a producer to shut in a field without some compensation for the income he will forgo. If, instead of making such a payment to a producer to shut in production the Government were to invest it to explore for and develop additional oil ,the increased production would likely equal or exceed the loss of productivity from the producing field Thus, for an equivalent expenditure a greater total capacity could likely be obtained by direct exploration, rather than by making payments for shut-in production. The Department of Interior has estimated exploration and development costs on the OCS to be 92~/bbl. If pipeline and interest charges are added, the total investment by the time a field is ready to produce would be about $1.00/bbl. (This assumes no lease bonus payment.) The minimum return on capital that an oil company would likely consider for producing operations would be about 12%. If we assume that a 100,000,000- barrel field is discovered and developed at a total cost of $100 000 000 an amortization payment of $12 000 000 per year would be required to compensate the company for deferring production In addition there will be some expense for maintaining the wells while shut in Period inspection and corrosion controls will have to be maintained and company overhead costs will be nearly as high with wells shut in as when the wells are producing. Yearly charges of PAGENO="0013" 1331 $3,000,000 for maintenance and overhead would not be unreasonable. Conse- quently, we could expect a cost of at least 15% of investment per year to com- pensate the company for the shut-in production. Actual payment to the company would have to exceed this amount to allow for taxes. However, since the Government would recover the tax payments, the net yearly cost to the Government would be about 15% of the total investment. If, in'stead of making such a payment, the Government were to invest an equiva- lent amount in new exploration and development, additional reserves equal to 15% of the initial reserves could be developed although this percentage would decrease with time as exploration costs Increase. Since this would most likely equal, or slightly exceed the average decline rate resulting from production of a field, at any time (within a short-range time period of 10-15 years), the pro- duction from new discoveries should exceed, or in later years, nearly equal, the decline from the producing 100,000,000-barrel field. Total capacity (pro- ducing and shut-in) should be as high, or higher, from producing the field and investing in new fields, as would be obtained from shutting in the field. Thus, there wçsild appear to be little productivity benefit from shutting in the OCS. In addition to the high cost, any policy that shuts in, or delays, production from the OCS will result in increased foreign imports. With increased tanker traffic, the environmental risk would be increased. On balance, a policy of shutting in new OCS development, to hold it as a ready reserve, would appear to have a high economic cost, increase our en- vironmental risk, and provide no benefit in meeting future supply disruptions. STATEMENT SUBMITTED BY THE ENVIRONMENTAL PROTECTION AGENCY ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF TEE ADMINISTRATOR, Washington, D.C., May 17, 1972. Hon. HENRY M. JACKSON, Chairman, ~Senate Interior and Insular Affairs Committee, U.s. ~en ate, Washington, D.C. DEAR Ma. CHAIRMAN: The Environmental Protection Agency appreciates this opportunity to comment on certain aspects of the administration of the Outer Continental Shelf under the Outer Continental Shelf Lands Act of 1953 and the National Environmental Policy Act of 1969. ~ We are today witnessing two converging national trends. One is that of In- creasing demand within the United States for energy and the attendant necessity to develop energy resources. The other is the broad recognition by both the general public and the Legislature of the need for environmental protection of all re- sources in the United Statea The second relates to both preservation of our national endowment, and amelioration of problems caused by airborne and water- borne pollutants of all types. The Environmeiital Protection Agency is, therefore, keenly aware of the dual necessities of protecting the natural environment and of developing those forms of fuel which are relatively clean. Many of the questions posed by the Committee are beyond the primary re- sponsIbility of the Environmental Protection Agency and can be better addressed by those Agencies with primary jurisdiction. We submit comments on those areas in which we have knowledge or experience. F. Lease Administration 2. What measures (including in-house and consultant studies underway or recently completed) have the Federal agencies taken or planned regarding im- provement of OCS Administration? The Environmental Protection Agency and the U.S. Geological Survey have agreed, with the assistance of the U.S. Coast Guard and other State and Federal agencies, to formulate a special contingency plan for the Santa Barbara Channel area. This plan would incorporate existing contingency plans (ILS. Coast Guard and EPA Regional plans, Clean Seas [the industry cooperative~ and individual lessees' contingency plans). This action was deemed necessary because of the in- tensity of oil development In the area, because of hazards in development (due to water depth and geological structure of the reservoir) and because of the unique PAGENO="0014" 1332 natural environment of the Santa Barbara Channel the Channel Islands and the ad)acent mainland G Jurisdwtional issues 4 What should the role of State government be with respect to Federal decision making concerning (c) environmetnal regulations on OCS lands border ing the States' jurisdiction ? Section 11 of the Federal Water Quality Improvement Act of 1970 applies to "navigable waters" of the United States. These include offshore waters out to the three mile limit from shore which are under State jurisdiction. At present, dis- charges of oil in those waters are not permitted if they violate the amount of oil deemed to be harmful by 40 CFR 110. (40 CFR 10 prohibits discharges which violate State water quality standards or cause a sheen film or discoloration of surface waters or an emulsion or sludge below the surface of the water) The Department of the Interior leases mineral rights and supervises the leases on the OCS In case of a spill Incident the U S Geological Survey is the on scene Federal coordinator on the rig and for waters within a circle having a radius of 500 meters around the rig The Coast Guard has jurisdiction beyond this circum ference The Environmetnal Protection Agency participates In OCS administra tion indirectly by devising and evaluating preventative regulations in coop eration with the Geological Survey. EPA is the lead Agency in determining the acceptability of control ipeasures and is inovived in assessing environmental damage due to spilled oil on the OCS Discharges permitted from normal operations of production facilities on OCS lands on the Gulf Coast are not to exceed 100 ppm of oil in water (desIgn 50 ppm) such discharges on OCS lands offshore California may not exceed 50 ppm This could be in excess of the harmful discharge standard applied in navigable waters. Thus there Is need for coordination not only between State and Federal governments but within the various )urlsdlctions of the Federal government Areas where State Federal cooperation are needed include contingency planning prevention planning oil spill reporting and monitoring In addition to coorthna tion in planning efforts when a spill incident occurs which violates or threatens to violate the water quality standards of a State the State should be brought into the decision-making process concerning cleanup efforts. Attention should be given to State priorities for protection and the methods of cleanup and control to be used on a given area. I. National environmental policy act and the OU~S 1 In view of the recent Louisiana offshore sale court decision what changes and procedures if any do the Federal agencies contemplate to satisfy NEPA environmental Impact statement requirements' As already stated by the U.S. Department with the requirements of NEPA " as interpreted by the Court of Appeals decision (Natural Resources Defense Council, Inc., et al., v. Rogers C. B. Morton, January 13, 1972). As Federal agencies gain more experience with the preparation of environmental impact statements, those statements improve In quality and scope. A case in point Is the series of environmental statements prepared in. connection with Outer Continental Shelf lease sales. The more recent OCS environmental state- ments have incorporated a risk priority rating system to differentiate the risk invo1 véd in the several leases considered for sale. Although this risk rating sys- tem is in Its early stages of development it represents the beginning of a valuable analytical technique for improved environmental management We look forward to further refinement of this system as an integral part of the OCS decislonmaking process. J Environmental protection 1 What are the nature and magnitude of the environmental risks and problems related to OCS oil and gas development In: (a) Geophysical exploration Exp1oratory operations such as seismic surveys have little permanent effect on the marine environment. The greatest effect during this phase comes from vessels used to conduct such surveys. Abuses in disposal of trash, bilge waste, and other pollutants can originate with such ships as they can with all vessels. The impact of this type pollutant depends largely on the length of time the vessel or drilling rig is in one location, and the attention paid to housekeeping details upon the ship itself In addition, Geological Survey regulations provide safeguard necessary to pol- lution free core-drilling operations where permitted during geological exploration. PAGENO="0015" 133B (b) Drilling and production: 011 from Outer Continental Shelf drilling and production operations enters the marine environment in four ways: (1) From major accidents and blowouts which take place during drilling or normal pro- duction maintenance activities. (Although such accidents have been relatively few, their impact may be severe). (2) From a multitude of small daily oil spills from producing platforms. (3) From discharge of oily brine as a part of normal operations. (4) From the discharge of cuttings and drilling fluids during explora- tion and production drilling operations. The several large spills which have occurred in the last few years have largely been failures due to human error and equipment failure. The risk of such spills and the environment damage cannot be totally eliminated. It may be lessened however through technological development, improved op- erating procedures, and resource management which would withhold or post- pone leasing of OCS tracts in proximity of bther valuable or unique natural resources. Small daily spills and chronic oil pollution from normal operating procedures is of equal concern. Damage to the marine ecosystem from these sources, although not easily recognizable, may in the long run be more severe than that from the larger spills. The link between laboratory tests establishing the toxicity of certain chemical compounds of crude oil to marine life and the long-term impact of chronic pollution is not well known. More research in this area is vitally needed. (c) Undersea pipelines: Undersea pipeline construction can affect the marine ecosystem through bottom disturbance and turbidity. This effect is of a tem- pory nature. Although major public attention has been focused on blowout inci- dents and attendant pollution on the OCS, major pollution has occurred in the past from pipeline failures and breaks. 4. What follow-up action was taken by Interior, Environmental Protection Agency, Coast Guard, and other Federal agencies after each OCS mishap and what interagency agreements and plans, related to coordinated Federal handling of any future OCS mishaps, have been made as a result of these experiences? (A) Subsequent to the January 1969, Santa Barbara oil well blowout, revi- sion of the National Contingency plan was initiated to clarify agency roles. Also representatives of the Federal Water Pollution Control Administration (prede- cessor of Office of Water Programs, EPA) worked very closely with USGS to revise OCS regulations. New, stronger, regulations were issued by USGS in August 1969. (B) Early in 1971, after the Chevron oil well blowout off the Louisiana Coast, another revision of the National Contingency Plan was begun. Differences be- tween the USCG and USGS regarding response operations on OCS oil rig spills were negotiated and a memorandum of understanding between the Department ~ of the Interior and the Department of Transportation was signed on August 6, 1971. This memorandum of understanding details specific authority and respon- sibilities between the two departments for actions under the National Oil and Hazardous Substances Pollution Contingency Plan. (C) EPA, Region IX, USCG, USGS, and the State of California agencies are developing a joint contingency plan for Federal operations on the OCS offshore California. When completed, this plan will include guidelines not only for re- sponding to spills, but also will address permits and other regulatory provisions. 5. What quantitative information is available about the total costs of past mishaps on the OCS, including oil and gas lost, private and government clean up costs, loss of fish and wildlife, damage to tourism, reduced property damage, and administrative costs? The bulk of EPA's information on mishaps on the OCS was collected during the explosion and fire on Shell platform "B" of December 1970 through April 1971, in the Gulf of Mexico. EPA estimates that from 95,000 to 130,000 barrels of oil entered the water, 450,000 to 600,000 barrels of oil and an unestimated amount of gas were con- sumed by fire, and 21,000 barrels of oil were recovered during cleanup operations. Biological assessments of the open ocean are very difficult to make under any circumstance. The absence of background data compounds assessment problems. Evidence of hydrocarbons was found in water and in organisms adjacent to the platform, but without a pre-fire biological survey of the site, it is not possible to be sure of the origin. The Santa Barbara blowout, which occurred on January 28, 1969, at an offshore drilling platform approximately six miles southeast of Santa Barbara in 190 feet of water, received extensive public notice. A number of scientific investiga- PAGENO="0016" 1334 tions bGth government and nongovernment were conducted which examined the events surrounding the well blowout as well as the environmental consequences. Conservative U.S. Geological Survey estimates stated that after 100 clays the cumulative oil spilled was at least 77,000 barrels. The resultant oil slick covered 500 square miles when at its maximum extent. Cleanup activities concentrated on the shore including beaches and rocky areas The cleanup program was one of the most extensive short efforts ever undertaken. + A review of the biological studies reveals limited adverse short-term effects that can be directly attributed to the oil spill. Sea birds were the most visibly impacted animals wIth an estimated 3,600 birds lost from oil effects. Sea mammals were observed coated with oil but no mortality or short-term effects were noted. The Santa Barbara area is affected by natural oil seeps which conceivably could either render the in situ biology more oil tolerant or contribute to a predominance of biological species whose local varieties are more oil tolerant than is usual for the species. 6. What contingency plans and cooperative arrangements have been effected by industry regarding accidents in offshore oil and gas operations? How would these affect response time, total cost, and environmental impact? Are further measures desirable or required? Both the `California and the Louisiana OCS operators have existing cooperative arrangements for cleanup of oil spills. In the Louisiana coastal area, the Offshore Operators Committee has since the Chevron and Shell oil rig fires significantly improved its capabilities A company called Clean Seas Inc has been formed by the companies operating in the Santa Barbara Channel for the purpose of clean 4 jug up oil spills. Generally the existence of organizations such as those listed above results in reduction in response time, cleanup costs, and environmental damage. No quantitative data are available for comparative analyses. 7. What additional geological, biological, engineering or other information is necessary with regard to improving the environmental safety aspects of offshore oil and gas operations? Is there research that ought to be completed before any farther offshore leasing? Are there specific instances or areas in which leasing should be postponed pending completion of further studies? What `time effort and costs would be involved in this research ~? The environmental impact of any particular oil pollution incident is a function of a variety of factors a. Nature and quantity of oil released. b. Pattern of release over time. c. Geographical location and `topography. d. Environmentally determined patterns and rates of transport, dispersion, and degradation. e. Vulnerability of exposed biota. + f. Temperature and climate. g. Transporting mechanisms including ice. * Because of variable oceanic conditions and differing uses of the sea in different areas, the potential consequences of oil spillage can be highly variable. In order to assess the environmental impact for any given region, good knowl- edge of the factors listed above would be necessary at a minimum. In addition, basic information is needed on the rates determining processes of bacterial degradation of oil on the degradation products formed and on the dispersal and effect of these products within the water column In colder climates lower species diversity exists at each trophic level, and therefore there is greater potential adverse impact from oil pollution than in warmer regions. Furthermore, degradation of oil is temperature dependent. New leasing should be postponed in `the temperate waters off the northeastern coast of the LTnited States as well as in the Arctic until the consequences of major spills-either acute or chronic-havebeen clarified. A major part of the necessary fate research on physical processes would he to determine directions and rate of movement of the crude oil and its degrada tion products and on the degradation processes as a function of bacterial popula tions and temperature Corollary research is needed on the degradation prod ucts formed their persistence mutagencity carcinogenicity and toxicity un der the environmental conditions of the site. The environmental studies for each region are roughly estimated `to cost $250,000 per year over five years for physical process, ~500,000 per year over five years for biological baselines, and $2,000,- 000 for degradation studies. Comparable research efforts for the Arctic region can be expected to cost twice as much. Toxicological, geological, and engineering PAGENO="0017" 1335 research, including research on oil spills and cleanup technology, should be considered in addition to the environmental work. 8. What is the state of scientific knowledge on the effect of oil spills on fish and wildlife and the marine environment? What is the level of Federal funding for research and development in this area? Are there research opportunities which are not being pursued for lack of funding? Comparatively little work has been done on the toxicity of oil to marine organisms. Different kinds of oil are made up of different mixtures of many com- pounds. Since oil is not miscible with water, a variety of techniques have been used in toxicity research which are not necessarily comparable. Oil and water can mix as an emulsion, oil may float on the surface, or various hot extracts of oil can be added to test jars. It follows that there are several different methods to calculate the test concentrations. Some of the difficulties relating to differences in measuring techniques were resolved in 1970 when staff at the National Marine Water Quality Labaratory, Environmental Protection Agency, West Kingston, Rhode Island, defined bioas- say procedures for oil and oil dispersants. Beyond this initial work, little has been done. In February, 1971, that laboratory was instructed to reduce its level of effort on oil effects in favor of the higher priority items such as pesticides and heavy metals. Almost all of the past extramural grant and contract work, as well as most of the literature in general, concerns surveys of areas after oil spills. This type of work rarely produces data which can be used to determine water quality standards. At the present time, research on oil pollution effects is being carried out by the Office of Research within the Environmental Protection Agency, In Its Ecological Effects l3ranch of the Processes and Effects Division, and in the Agriculture and Marine Pollution Control Section of the Technology Research Division. The figures of FY 71, 72, and 73 are as follows: Processes Technolog Processes and effects researc and effects division division division grants and grants and in-house contracts contracts Fiscal year: 1971 300,000 163,377 140,000 1972 153, 000 157, 168 500, 000 1973 75,000 60,000 750,000 A continuing research effort is needed to determine the effect of various oils, oil fractions (and oil dispersants on marine organisms and ecosystems. Scientific knowledge of the marine environment is at a nascent point. Generation of such knowledge is prerequisite to optimization of benefits to be obtained from the resources of the sea. Man's activities can be highly disruptive or destructive `to the natural systems of the earth, but they need not be. To minimize long-term adverse impacts of marine exploitation, development of an adequate data base and an understanding of that data is necessary. These are primary goals of the Environmental Protection Agency's research program. Sincerely yours, WILLIAM D. RUCKeLSHAIJS, Administrator. STATEMENT SUBMITTED BY THE DEPARTMENT OF COMMERCE GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE, Washington, D.C., JRne 2, 1972. Hon. HENRY M. JACKSON, Chairman, Committee on Interior and Insular Affairs, U.s. &3nate, Washington, D.C. DEAR MR. CHAIRMAN: This is in reply to your letters of March 8 to Dr. Robert M. White, Administrator of `the National Oceanic and Atmospheric Admin- istration `and Assistant Secretary for Maritime Affairs Gibson, requesting that 77-463 0 - 72 - pt. 3 - 2 PAGENO="0018" 1336 they reply to a set of "Questions and Policy Issues Related to Oversight Hearings on the Administration of the Outer Continental Shelf Lands Act". Enclosed are their answers to those of the questions which relate to the activities of the Department of Commerce. Pursuant to your request, these responses were coordinated with other federal agencies concerned. Sincererly, WILLIAM N. LETSON, GeneraZ Counsei. Enclosures. MARITIME ADMINISTRATION REPORT ON QUESTIONS AND PoLicY ISSUES RELATED TO OVERSIGHT HEARINGS ON THE ADMINISTRATION OF THE OUTER CONTINENTAl SHELF LANDS ACT G. JURISDICTIONAL ISSUES 2. "Provide a summary of pending proposals for offshore terminals, supertanker facilities, offshore nuclear facilities, and other developmental projects which in whole or in part would be located on the OCS". Offshore Deep Water TerminaZs Economic and environmental factors underly U.S. government and industry studies to determine the need for the construction of offshore, deep water port facilities to accommodate the larger bulk carriers. The need for these facilities, their environmental effects, their locations, their cost, their design, who could construct and pay for them are questions currently under intensive study by the Maritime Administration and by other interests in both the public and private sectors. Because of the importance of deep water terminals in our domestic and foreign commerce, thorough coordination with all interested parties is essential in pursuing these study efforts. The problem of the accomodation of supertankers in 11.5. ports is accentuated by the fact that there are 700 deep draft ships of over 100,000 tons deadweight throughout the world in service, under construction and on order that cannot enter U.S. ports. Of this total, approximately 400 are now in operation and 300 are under construction and on order. By 1974, it is estimated that the world fleet of bulk cargo carriers in service over 100,000 DWT will number approxi- mately 800, of which over 400 will be in excess of 200,000 DWT. The economies of larger tanker and bulk carrier transportation have already given rise to over 50 foreign port facilities in operation, under construction, or planned capable of handling 200,000 ton bulk vessels and larger. The U.S. remains the only exception among the world's major industrial nations who has not pro- vided support facilities to handle these giant bulk carriers. Two existing port areas in the U.S., Long Beach and Puget Sound are the only ones that can pro- vide sufficient depth to accommodate vessels in the range of 120,000 to 250,000 DWT but still lack physical facilities. MarAd Sponsored Studies The Maritime Administration is presently studying, under contract to Paul Soros Associates, Inc., the economic, technical and environmental feasibility of offshore, multi-purpose terminal facilities with regional service capability as a means to overcome the present bulk vessel size limitations imposed by inadequate channel depth. It will review commodity flows suitable for super-size bulk car- riers, and consider sites on all three U.S. coasts. It will focus primarily on ex- ploring ways to reduce the construction and operating costs of such facilities by identifying advanced technological innovations, including those which may be considered beyond the "state-of-the-art", and expanding the range of potential users. Major emphasis will be placed on designing terminal systems which would be substantially free of oil spill hazards. Completion of this study is scheduled for May 1972. Corps of Engineers Sponsored Studies In the conduct of its responsibilities for investigating harbor improvement needs, the Army Corps of Engineers has two major research studies in progress. The first, with A. D. Little, Inc., involves a study of Foreign Deep Water Port Developments. The purpose of this study is to make an interpretive analysis of selected foreign deep water harbors and offshore terminals where the experience would be relevant to the U.S. domestic situation and to present alternatives for the benefit of U.S. policy-makers. This study was completed in December 1971. PAGENO="0019" 1337 For reference, see Institute for Water Resources Report 71-11. The second study with Robert Nathan Associates will seek to determine U.S. port needs, including engineering, economic, and environmental criteria for assessment, analysis of developing alternatives, decision factors for port planning, and critical issues for further analysis. This study will be completed by June 1972. OEQ Supertanker Study While both the Corps of Engineers and MarAd's studies will give some atten- tion to the environmental and pollution factors involved, none of them will focus directly on this question. Recognizing that there is vital need to obtain as clear an assessment of the environmental problems involved in deep water port development as there Is of the economic benefits, the Council of Environmental Quality has convened a study to identify the probable environmental effects of using supertankers in U.S. foreign trade. Specifically this study will examine potential location/facility alternatives for receiving oil from seaborne transport and evaluate each alternative in terms of its probable amount of oil pollution, environmental impacts, including costs related to those impacts and its other economic costs. The primary product will be a ranking of alternative locatlon/ facilities by environmental desirability. Against this ranking, the study will array projected costs-environmental and otherwise-for each alternative. The result Is expected to produce a matrix which decision-makers can use to pinpoint the various trade-offs Involved in choosing alternatives. Locafly-Sponsored Research Studies One unexpected result of the American Association of Port Authorities Na- tional Channel Capability Study was that it evidently initiated some serious thinking by certain U.S. ports about the supership program and its resulting port requirements. Subsequent to completion of this three year study and Independent of it, locally-sponsored, public resolutions were approved by Congress, authoriz- ing the Corps of Engineers to conduct regional port development studies off the Texas, Louisiana, and Alabama Gulf Coast, but limited to the feasibility of deep water ports to accommodate bulk superships. In lieu of three separate studies, Congress subsequently has authorized the Corps of Engineers to combine the resolutions Into one comprehensive investigation of the entire Gulf Coast area between Brownsville, Texas and Tampa, Florida. Establishment of the goals and guidelines for a feasibility study of an off- shore port facility off the Texas Gulf Coast has been completed by the Industrial Economics Research Division of Texas A&M University. This project was under- taken for the South Texas Regional Export Expansion Council and financed jointly by the Ports of Galveston, Freeport and Port Arthur and the Sea Grant program of the National Science Foundation. The purpose of this effort was to identify what in-depth studies would be needed in the areas of ecology, economics, engineering, legal, site selection, traffic, etc. to determine if there is a need to accommodate the supertanker on the Texas Coast. The results of this study will serve as a beneficial base for the forthcoming Corps of Engineers regional port study of the Gulf Coast. On the West Coast the Corps of Engineers, for several years, has had Congres- sional authority to accomplish regional port studies in the San Francisco and Los Angeles areas. Work on the San Francisco Bay study is now fuflded and getting underway. Efforts are underway to seek support to fund and begin work on the Los Angeles/Long Beach study. * On the Atlantic Coast, the Delaware River port interests elected through Con- gressional approval to pursue a Corps study confined to the feasibility of deep water facilities In the Lower Bay area. At the present time, the Port of New York and Maine are seeking Congressional sponsorship for an Army Engineer study aimed at providing a deep water supertanker facility at a optimum loca- tion to transship crude oil to both port areas. The Corps of Engineers in light of the pressing problems confronting bulk shipping Interests in the Northeastern United States now has congressioual approval to study the entire North Atlantic region from Maine to Virginia. Thus, it is contemplated that separate regional deep draft port studies will be funded and initiated for the North Atlantic, Gulf and West Coasts during fiscal year 1972 with completion of Interim reports by the latter part of fiscal year 1973. PAGENO="0020" 1338 Private Deep Water Port Development and Environmental Constraints The major problem restricting offshore port development by private inter- ests, particularly in the North Atlantic, is public opposition stemming from fear of potential environmental damage from accidental oil spills. For example, in 1969 considerable coastal resident opposition was responsi- ble for stymying a pipeline company proposal to construct two mono-mooring buoy facilities for supertankers in the open sea off New Jersey and Delaware. Several oil company proposals to build port terminals for large tankers in deep water bays off Machiasport, Portland and Searsport, Maine were all stalemated by similar public resistance. Perhaps the most significant action affecting offshore port development was embodied in a recent coastal zoning law passed by the State of Delaware. This landmark conservation legislation specifically bars not only heavy industry, but also offshore bulk transfer terminals from a defined coastal zone along Delaware's bay and ocean fronts. The immediate impact of this legislation was to thwart construction of a major new refinery complex and two privately pro- posed, offshore deep `draft transfer facilities in Lower Delaware Bay-one for exported coal and another for imported crude oil. If Delaware's coastal zoning legislation sets a precedent which is followed by other coastal states. the impli- cations to the national economy could be far-reaching. Potential Proposals for Offshore Terminals Investigated by Maritime Adminis- tration In the study by Paul Soros Associates, Inc., referred to above, this agency investigated specific potential sites as described below. This study has looked at 32 potential sites for deep shaft terminals, on the East, West, and Gulf Coasts, we are now in the conceptual design stage for transshipment terminals in two locations which are on the U.S. Continental shelf outside the 3 mile limit: one off the mouth of Delaware Bay and one off the Texas Gulf Coast. The three other sites under investigation within this study are within the 3 mile limit; they are: (1) a site inside Delaware Bay in a semi-protected area behind Cape May; (2) a site close to the mouth of South- west Pass of the Mississippi Delta; and (3) a site protected by Sandy Hook in lower New York Bay. The two sites in the OCS are summarized below: A. Terminal proposal to the Delaware Transportation Company.- Site: 8'/2 miles east of Cape Henlopen situated between the fairways for ship- ping entering and leaving Delaware Bay, on the edge of a natural deepwater trench which provides 100 feet of water for tankers while enabling the island and break-water for the terminal to built in only 50 feet of water. Nominal Capacity: 100 mIllion tons/year, crude oil, expandable in stage 2 to 200 million tons/year. Berths: Two berths with channel depth of 100' for supertankers. Eight berths with channel depth of about 40' for feeder vessels. Configuration: 150 acre artificial island protected by 12,000' breakwater, crude oil storage capacity: 2.5 million tons. The design concept envisions future expansion of island and breakwater to accommodate c'oal and ore. Safety Features: All storage tanks are surrounded by sand fill to prevent damage, all oil pipes on island are in trenches which drain any spillage to a oily waste storage and processing facility. All oily ballast from supertankers or feeder vessels will be transferred or processed on the island. All tanker and feeder berths will have individual oil spill barriers. All traffic will be under centralized control. B. Terminal to be proposed to the Tea'as $uperport $tudy Group.- Site: 13 miles off Cedar Lakes, Southwest of Freeport Texas. Nominal Capacity: 100 million tons/year crude oil, expandable in stage 2 to 200 million tons/year. Berths: Two tanker berths with depth of 100'. Configuration: Steel loading platform protected by breakwater. Crude oil storage is located on shore, all oil transferred by submarine pipeline. The design concept envisions future expansion to accommodate dry bulk cargo and addition of one berth for VLCC and two berths for barges. Safety Features: All oily ballast from supertankers or feeders will be trans- ferred or processed by a special facility within the terminal. Tanker berths will have individual oil spill barriers. All traffic will be under centralized control. PAGENO="0021" 1339 Consideration or Combining an Offshore Terminal with an Airport In addition to the above two proposals, this agency has provided FAA with technical comment concerning a jetport project to be located about 5 miles off the Jones Beach area of Long Island. This facility would be protected by a large breakwater behind which would be berths for supertankers, and a plant for processing LNG which would be located at the north end of the breakwater near an existing submarine pipeline for distributing gas. The design concept is still tentative with respect to the marine terminal aspects, but a unique feature discussed in the FAA study was to incorporate crude oil holding tanks in the airport or breakwater structure. Industry Proposals for Offshore Terminals Free State Pipeline Corporation of Baltimore, Maryland has submitted to the State of Maryland and the U.S. Department of Interior preliminary plans for the construction of an Atlantic Ocean oil tanker unloading platform 25 mIles east of Assateague Island. According to information received January 12, 1972, the unloading platform will be connected to land by two 24 to 30 inch pipes running west from the platform to a proposed storage farm of eight tanks located northeast of Berlin, Maryland. Additional pipelines would be laid northward along the Penn Central Railroad tracks, with crossings at the Chesapeake and Delaware Canal and the Delaware River to refineries in Pennsylvania, Delaware and New Jersey. The lines would feed facilities operated by the Getty, BP, Sun, Mobile, Atlantic-Richfield, Gulf, Texaco, Calso, Hess and Humble Oil companies. Plans will show the unloading platform linked to two buoys 1,500 feet apart, an intermediate pump station upon a Texas-type platform and the pipelines on the Ocean Floor. These preliminary plans have only recently been received and will face Intensive investigation by Federal and State officials. First state Pipeline Company of Delaware First State Pipeline Company of Delaware proposed a plan on July 8, 1969 to build two 40-foot buoys off the North Atlantic Coast. One of these large tanker receiving mono-moorings would be constructed seven miles off Monmouth County, New Jersey between Long Branch and Monmouth Beach and the other 15 miles southwest of Cape May, New Jersey. The mono-mooring buoy systems in these locations could service tankers up to 350,000 DWT with economies of scale that would guarantee substantial transport savings as compared with the present North Atlantic maximum size tanker of 80,000 DWT. The Stations would be anchored by flexible lines and have radar reflectors. The crude oil would be pumped to shore through underwater pipelines and through standard underground pipelines to 11 refineries in the Delaware, New Jersey, and Penns~rlvanla area. A 1200-foot hose would be connected to each mono-mooring to receive the oil from the super-tankers. The hoses would be equipped with lights and would float on the surface of the water when net in use. The estimated total cost of these oil receiving and pumping stations would be in the $150 million range. Immediate and strong opposition confronted this project in the summer of 1969. Political and resort industry officials, led by Governor Hughes of New Jersey, violently protested a proposal that could potentially pollute the 120 mile New Jersey shoreline. The New York district office of the Army Corps of Engineers refused to issue a necessary permit to the First State Pipeline Company based on the objections raised by the New Jersey interests over the pollution threat. An appeal was made by First State Pipeline to the Department of Interior and other top Federal agencies. Further arrangements for the plan are said to be still pending. J. ENVIRONMENTAL PROTECTION 1. What are the nature and magnitude of environmental risks and problems related to OU2 oil and gas development? (d) Tanker Operation The environmental risks resulting from tanker operation relate primarily to the potential discharges of oil due to: (1) The intentional or operational pollution resulting from tank cleaning, deballasting and bilge pumping; and PAGENO="0022" 1340 (2) The accidental or episodic ~ discharges resulting from tanker collision, strandings in the open oceans and restricted port approaches and spills in port due to hose failures overfill of cargo tanks and malfunctions of the cargo transfer system A comprehensive description of the major causes of environmental risks related to tanker operation within the Outer Continental Shelf zone follows: After discharging cargo at the refinery, a tanker will take sufficient sea we ter aboard in her~ cargo tanks to facilitate handling at the berth, to insure proper propeller immersion, and to provide suitable seakeeping characteristics. The amount of ballast that a tanker takes aboard at the unloading terminal is a func- tion of the weather conditions the distance and route of the ballast voyage tbe vessel's lightship weight displacement length-to-depth ratio, and other vessel characteristics The ballast that is put directly into cargo taiiks immediately after cargo discharge, is considered only ballast since it comes into contact with and "mixes" with the oil that adheres to the tank surfaces or rests in shallow puddles at the suction mouths after cargo discharge. This oily ballast must be disposed of prior to the tanker s arrival at its loading port In order to complete its journey after disposing of the oily ballast, clean ballast, suitable for direct disposal at the loading port must be taken aboard. To accomplish this in the absence of segregated ballast tanks, empty cargo tanks must be washed down to remove the residue oil. These tank washings are pumped overboard and the clean tanks are filled with sea water which can be disposed of at the loading port. The number of tanks washed is a function of the particular vessel's hydrostatic char- acteristics, the weather, the route, the Owner's desire to periodically clean tanks. etc. On average, this amounts to between one third and two fifths of the vessel's tanks per voyage. Unless properly controlled, this operation could result in all of the residue oil from the cleaned tanks and approximately 15 percent of the residue oil from the tanks which were initially ballasted at the unloading terminal being pumped overboard The amount of oil pollution that could result from this operation on any given voyage is a function of the amount of oil that remains in the tanks after dis- charge. This number is commonly referred to as clingage. This clingage can average from 03 to 04 percent of the cargo capacity depending on the type of oil, the stripping capability of the tanker, and the internal structure of the cargo tanks. A~s a factual matter the majority of tankers do not pump the oil residue from their tank cleaning operations directly overboai d Rather the tank cleaning residue (water and oil) is pumped into a slop tank. Here the mixture is allowed to settle and the water drawn off the bottom so that only oil remains in the tank This oil is then combined with the next c'irgo hence the term load on top (L-O-T) If all tankers employed a hundred percent efficient L-O-T system one hundred percent of the time tank cleaning and dehallasting operations would not be a source of oil pollution As stated above all tankers especially older ones are not capable of conducting b-O-T operations Moreover L-O-T operations as such can cope with only 80 percent of the potential operational pollution arising from tank washings. In addition to discharging oil into the oceans due to tank cleaning operations. tank- ers contribute to the oil pollution problem through minor leakage, bilge pumping. spills during bunkering operations, spills during cargo handling operations anl spills as a result of vessel casualties Internationa' poflution abatement activities Considerable work has been conducted on the international level to reduce the environmental risks association with tanker operations In order to reduce the amou it of oil discharged into the oceans from acci dental spills the Intergovernmental Maritime Consultative Organization (IMCO) has approved an amendment to the 1954 International Convention on Prevention of Pollution of the Seas by Oil limiting the amount of oil outflow resulting from a single casualty IMCO has also approved standards requiring the installation of deck to shore connections for oily bilge and ballast water discharges on all vessels. Under the IMCO auspices, nine special studies have been initiated, to be car- ried out by the member nations to develop practical international standards to be incorporated in the 1973 IMCO Marine Pollution Cons ention Of these nine PAGENO="0023" 1341 studies the U.S. is the lead country in two, Study I-Segregated Ballast Tankers and Study Il-Dual Purpose Collapsible Tanks. MarAd, working in conjunction with AIMS and the U~S. Coast Guard, has completed Study I. The results of this study evaluate the economic impact on tanker construction and operating costs of 12 tanker designs of varying amounts of segregated ballast. The study has provided data to assess the cost effectiveness of the various design feature In mitigating pollution from operational and acci- dental causes. The study will provide a viable alternative to meet the primary objective of the 1973 Convention on Marine Pollution, elimination of intentional oily discharges into the ocean by 1975, if possible, but not later than 1980. (e) Port and processing facilities The Sores Study indicates that the construction of a breakwater or island could eliminate from productivity the area of seafloor and volume of water it occupies, but will not endanger any species. An acre of continental shelf and waters produces about 5,000 pounds of fish and shellfish each year having an average market value of $.50 per pound. However, some of this loss will be off- set by the fish havens inherent in the voids of rubble mound structures and the surge chambers in caisson type breakwaters or island perimeters-pro- vided the waters are not polluted by terminal operations. The offshore siting is preferable to a riverine or estuarine siting as it will effect fewer species and lesser numbers of blota and will represent a much smaller percentage of the total area of like environment. The offshore structures will however provide nesting sites for birds which will feed on the fin fish. If the breakwater and island reduce wave action at the shoreline, erosion may be reduced and the alongshore current, denied the driving force of the waves, may slow, allowing a deposition of the suspended sediments with resultant acre- tion of that portion of the beach. Continued acretion will result in the develop- ment of a sand spit, or tombolo, which may ultimately extend to the offshore structure. This acretion will be detrimental to the entire coastline If it occurs at the upstream end of a beach system and thus denies the normal supply of sand to the rest of the coastline, which will then be subject to erosion only. However, if located at the downstream end, where the sand might otherwise be lost through flow offshore, the acretion will benefit the entire coastline by keeping the sand within the system. In general, if the distance from the shore to the structure Is greater than twice the length of the structure, the effect on the shoreline will be minimal. This suggests that a breakwater 2 miles long should be located at least 4 miles offshore If changes in the coastline are to be avoided. Dredging at the offshore site will not produce any long term effects on the biota. During dredging operations fish will be attracted to the site by the turbu- lence and will feed upon the new food sources exposed, and on each other. The colonies of benthic fauna removed with the dredged material will be repl~tced within a few years by new colonies. This is not the case with the dredging of estuarine areas where species are more depth sensitive and some, like oysters, require a bed of shells for their existence. If the area dredged is seaward of the sediment laden alongshore current, siltation will not be a problem, otherwise the Increase in depth will cause a reduction in current velocity resulting in the settling and deposition of suspended material. Any terminal operation presè~its a potential source of pollutants that can have adverse effect on the biota.~\!~Fhe principal pollutants from bulk cargo ter- minals are oils, acid run-offs from ares, and sewage. The damage will be relative to the toxicity, oxygen consumption, persistence and volume of pollutants to which the blots are exposed. The probability of pollutants being discharged into the sea will depend upon the pollution prevention and control equipment provided at the terminal and the care exercised in Its operation. Oil Terminal Operations Can result in the loss of oils to the sea through transfer operation accidents, inadvertent discharges of oily bilge or ballast waters, equipment failures, and seepage from pipelines or storage tanks. Fortunately, means are available to minimize the occurrence and volumes of such spills and to effect their clean-up. The experience of the Milford Haven Oil Terminal, Britain's largest, indicates the potential for oil spills that can be expected at a well equipped, well operated terminal. Milford Haven can accommodate tankers up to 250,000 DWT and has an annual throughput of 41 million tons of crude oil refined products. Through PAGENO="0024" 1342 improvement in facilities and operating techniques over the past decade, the spillage rate has been reduced to 0.00004% of the throughput-a present average of 13.5 gallons per day. Of the 55 spills that occurred in 1970, 35 were of less than 80 gallons and only 3 were in excess of 160 gallons. In comparison, 200 gallons per day were discharged from adjacent refineries in the form of oily process waters, run-off from storage areas and processed ballast water from feeder vessels-all discharged at concentrations well below the 50 ppm allowable limit established by the government. The discharge of oils in treated ballast water can be eliminated by utilizing the dirty ballast water from the feeder vessels as ballast water for the departing ocean tankers which are equipped with oil separating systems, or by constructing the feeder vessels with segregated ballast tanks independent of cargo or fuel oil tanks. The evidence suggests that an offshore oil terminal would not be prejudicial to the marine environment if it is properly designed, equipped and operated. Means exist to minimize the volumes of accidental spills during transfer operations as shown by the record at Milford Haven. The required engineering expertise and construction techniques exist to build leak-proof storage tanks of non-corroding materials that can resist cracking if subjected to earthquake or unequal settle- ment. Subsea pipelines can be buried to protect them from damage by storm waves, fishing trawls or ships' anchors and can be equipped with leak detection devices. The great hazard of major spill due to grounding or collision could be substan- tially reduced by siting the terminal at a deep water offshore location, preferably remote from any estuary or river, and from the restricted channels and fairways ç utilized by other smaller vessels. Collision avoidance systems now on the market are capable of automatically plotting the courses of several "targets" simultane- ously and predicting probable collisions, and navigation sysems have been developed to guide the ships through deep water access routes. The Maritime Administration has awarded an R & D contract to T. R. Harris, Inc. to study the requirements for shipboard oily waste collection and treatment systems in port. The study will recommend the facilities, operating criteria and costs for oily waste treatment systems that could l)e utilized at nine selected bulk cargo terminals. Such facilities would receive and treat dirty ballast waters, oily bilge water, tank cleanings and slops. The final report of the study is sched- uled to be completed by November 1972. To what eo~tent is each of the above (J. .En,vironmeetal Protection) a matter 01: (a) Chronic waste discharges in water. (b) Episodic (accidental waste discharges in water. * * * * * * * (f) Navigation safety. The chronic and episodic waste discharges related to the 005 oil and gas development in tanker operation and port and processing facilities have pre- viously been discussed in this report. This portion of the report covers the navi- gation safety of tanker operation. blavigation safety Navigation safety is one of the most significant aspects in the abatement and control of pollution of the seas from tanker operation. Improved navigational aids, navigating equipment and devices on board, traffic management and train- ing of operating personnel are the basic areas to be considered in the overall question of navigation safety. In general, aids to navigation include charts, maps, sailing instructions, notices to mariners, light houses, lightships and minor lights, day beacons, fog signals, buoys, marine radio beacons, acoustic beacons, loran, sonar, radar, and all types of ship-to-ship and ship-to-shore communication equipment. Their purpose is to assist mariners find their exact position when at sea, to follow natural or im- proved channels when in coastal waters, and to avoid collisions with other ships and fixed objects. Marine safety including the installation and maintenance of non-shipboard aids to navigation in U.S. navigable waters* is a function of the United States Coast Guard. Casualties due to collision and stranding can be minimized by providing rea- sonable controls on vessel movements. These could include positive traffic control, traffic separation schemes and the increased control of vessels carrying specific hazardous commodities. In the last several decades a variety of electronic aids to navigation have come into common use. These are radio beacons, several type sof loran, sonar, radar, PAGENO="0025" 1343 and satellite positioning equipment. Some of these aids have passed through several generations of improvements. Essential elements of the new system include: (1) Traffic separation lanes in waters leading to the harbor, terminal, or con- gested area. (2) A traffic control office with authority to control traffic In the area. (3) Equipment which includes several types of radars, computers, display ele- ments, and ship-to-shore communications. In some respects these systems resemble air traffic control systems adapted to marine use. Improved traffic control systems such as the Harbor Advisory Radar System now being experimented with in the San Francisco area should enable tankers to move through congested areas with less risk of collision. Proposed legisla- tion now pending in the Congress (the Ports and Waterways Safety Act) will give the Coast Guard statutory authority to make these traffic control systems mandatory for certain congested ports. The recently enacted Vessel Bridge to Bridge Radiotelephone Act (P.L. 92-63) will require vessels to be equipped with direct radiotelephone communi- cations in order to provide a means of exchanging information as to their maneuvering In close proximity. The Maritime Administration's proposed offshore oil terminal concept, as cov- ered by the Soros Study, would incorporate a radar traffic control system. Traffic safety is avital consideration in the design of an off-shore oil terminal. If detailed surveillance of all traffic in the vicinity of the terminal is main- tained-and if the revealed patterns are extrapolated for short periods into the future-it becomes possible to predict traffic conflicts. If terminal traffic Is con- trolled this prediction can then be employed to avert potentially disastrous accidents. Such surveillance, prediction, and control can be accomplished using existing radar, computer, and display technology, in an appropriate blend of automatic and manual Qperation. The key to the system is comprehensive radar monitoring and automatic data processing equipment which provide real time information, including identifi- cation of all ships and extrapolation of future traffic conditions based on their present courses. Terminal traffic must be under central control and assigned lanes and speeds, with the adherence to such assignments automatically moni- tored. Interaction between man and automatic equipment is achieved by computer generated idsplays which present graphic images of the traffic conditions. They also provide guidance to the viewer, warning of conflicts, and the results of traffic analyses. The displays present traffic in a map format for specific areas within the radar coverage region. Map symbols Include key buoys, ships in three size categories, traffic lane center lines, and at an operator's option tags on identified ships, and trails and/or leaders based on past history. The border around the map is reserved for prompting cues to the operator, results of analyses, and function key labels. Satellite displays show other map areas. Ship status displays show identified ships In the system. Vessels calling regularly at the terminal can be equipped with a combined data/voice link which will permit the deployment of similar displays on board the ships for use b~ pilots. In an endeavor to improve the safety In navigating large vessels, the Maritime Administration has the following research contracts under way: (a) advanced conning systems-American Export Isbrandsen Lines (b) evaluation of satellite navigation systems-United States Lines/Interna- tional Telephone and Telegraph Company (c) develop computer oriented satellite communications employing UHF trans- mission-Applied Information Industries (d) analysis of future crew skills and manning-Stanwick Corp. ~1. ENVIRONMENTAL PROTECTION 8. "What is the state of scientific knowledge on the effect of oil spills on fish and wildlife and the marine environment? What is the level of Federal funding for research and development in this area? Are there research opportunities which are not being pursued for lack of funding"? The state of scientific knowledge on the effect of oil spills on fish and wildlife ahd on the marine environment is extremely limited. Knowledge or the fate of PAGENO="0026" 1344 oil after it has disappeared from view at the ocean surface or the fate of the hydrocarbon fallout in the ocean from the atmosphere is very incomplete The chronic low level effects of oil exposure on the phytoplankton the primary marine foods producers or on other links in the marine food chain are virtually ~nknown. S The Department of Commerce has recently initiated a )oint study on the scientific aspects of oil spills on marine organisms over a 3 year period This study will be undertaken )ointly by the Maritime Administration National Oceanic and Atmospheric Administration and the National Bureau of Standards The objective of the study is to establish a body of hard knowledge and basic data in order to de ermin'~ ~ h b gh de~irec of scientific accuracy the maxi mum permissible level of oil considered to be harmless to the marine environ ment The establishmeni ot un, L~~une aata will permit a rational approach to the formulation of re.1 v~ `~i~ riv'anin°iul standards for permi~sible oil dis charge from ships and policies on the prevention and control of oil discharges This work will invoive an extensive program of laboratory and environmental field studies MarAd has been established as the sponsoring agency and will make the results of the study available in a form in which the regulatory bodies may develop policies relating to the prevention and control of oil discharges from ships The NBS will conduct tests to develop satisfactory techmques for the identifica tion and quantitative determination of crude oil fractions and specific chemical components These techniques and developments will aid NOAA/NMFS in its lab / oratory and field studies for determining the fate and effect of oil discharges The environmental consequences of oil pollution from ships is also being dealt with on an international basis It is one of the nine studies sponsored by the Integrovernmental Maritime Consultative Organization (IMCO) to develop prac tical alternatives to achieve the goal of complete elimination of oily discharges into the oceans from ships by 1975 if possible but not later than the end of the decade Such international standards are being considered for adoption at an International Conference to be held in 1973 on Prevention of Pollution of the Seas by Oil from Ships STATEMENI SUBMITTED BY THE DEPARTMENT OF THE ARMY DEPARTMENT OF THE ARMY OFFICE OF THE CHIEF OF ENGINEERS, Washington, D.C., April 24, 1972. Hon HENRY M JACKSON Chairman, Committee on Interior and Insniar Affairs, U 2 $enate Washington D C DEAR MR CHAIRMAN In the absence of the Chief of Engineers I am respond ing to your recent letter requesting a report on selected questions and policy issues posed by your Committee The shoreward limits of the Outer Continental Shelf are defined by the Outer Continental Shelf Lands Act of 1953 (67 Stat. 462, 43 U.S.C. 1331-1343). Spe- cifically 43 U S C 1331(a) provides The term Outer Continental Shelf means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 1301 of this title and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control The reference to section 1301 in the above-quoted provision of the Outer Continental Shelf Lands Act is to the Submerged Lands Act of 1953 (67 Stat 29 43 U S C 1301-1315) whereby the United States relinquished to its coastal states its right title and interest in and to lands beneath navigable waters as defined by Section 1301 of Title 43 United States Code The definition of lands beneath navigable waters as set forth in 43 U S C 1301 may for the purposes of this report be summarized as those lands seaward of the coast line extending to a point three geographical miles into the sea Two exceptions to this are those lands lying off the coasts of Texas and Florida and extending into the Gulf of Mexico where it has been determined by the Supreme Court of the United States that the seaward boundary is approximately three marine leagues rather than three geographical miles (United $tates v Louisiana et al 363 U 5 1 (1960) PAGENO="0027" 1345 United States `v. Florida et al, 363 U.S. 121(1960) ; and United States v. Louisiana, et al., 394 U.S. 1 (1969). The Outer Continental Shelf Lands Act does not define the seaward limits of the Outer Continental Shelf. The seaward limit is defined, however, by the Con- vention on the Continental Shelf, to which the United States is a signatory party (U.S. TIAS 5578; 15 UST 471), and which was approved by the United Nations Conference on the Law of the Sea on April 26, 1958 and went into effect on June 10, 1964. Article 1 of the Convention provides: For the purpose of these articles, the term `continental shelf' is used as re- ferring (a) to the seabed and subsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of 200 metres or beyond that limit, to where the depth of the superjacent waters admits of the exploita- tion of the natural resources of the said areas; (b) to the seabed and subsoil of similar submarine areas adjacent to the coasts of islands. The term "territorial sea" Is defined in Article 1 of the Convention on the Terri- torial Sea and the Contiguous Zone, to which the United States is a signatory party (U.S. TIAS 5639; 15 UST 1606, 1608), and which was approved by the United Nations Conference on the Law of the Sea in the spring of 1958 and went into effect on September 10, 1964 as follows: 1. The sovereignty of a State extends, beyond its land territory and its internal waters, to a belt of sea adjacent to its coast, described as the territorial sea. 2. This sovereignty is exercised subject to the provisions of these articles and to other rules of international law. Historically, the United States has claimed the internationally accepted three- geographic-mile limit as its "territorial sea" which has been upheld on numerous occasions by the Supreme Court of the United States (see, e.g., tjunard v. Mellon, 262 U.S. 100 (1923)). The Department of the Army, acting through the Corps of Engineers, exer- cises broad regulatory authorities over the placing of any structures, or the dredging, filling, alteration, or depositing of refuse in the navigable waters of the United States. The navigable waters of the United States include the waters of the territorial sea. Under international law, the United States may regulate the erection of fixed structures and artificial islands of the Outer Continental Shelf where such construction would affect the exclusive sovereign rights of the United States to explore and exploit the natural resources of the seabed and subsoil of the Outer Continental Shelf. The Corps of Engineers has been given the authority to reg- ulate such construction under Section 4(f) of the Outer Continental Shelf Lands Act. The regulations adopted pursuant to this statute by the Corps are found at 33 CFR, Section 209.120. These regulations provide for the issuance of per- mits to erect such structures. The Corps policy on issuance of such permits may be summarized as follows: The decision as to whether or not a permit will be Issued is based on the total public Interest as reflected by such factors as navi~ gation, fish and wildlife, water quality, economics, conservation, aesthetics, rec~ reation, water supply, flood damage prevention, ecosystems and, in general, the needs and welfare of the people; except that in the case of permits for fixed structures or artificial islands on Outer Continental Shelf lands which are under mineral lease from the Department of the Interior, the decision will be based only upon the effect of the proposed work on navigation and national security. The readily apparent difference between the criteria used to determine whether a permit will issue on those lands under mineral lease from the Department of the Interior and those lands not under mineral lease may be explained as follows: The Department of the Interior is responsible for the selection of lands on the Outer Continental Shelf for inclusion in the mineral leasing program administered by that Department. Prior to the selection of tracts for leasing, the Department of the Interior evaluates the effect of the leasing program on the total publIc interest, including environmental concerns. Accordingly, in cases involving ap- plications for permits to erect fixed structures or artificial islands on Outer Con- tinental Shelf lands under such leases, the Corps reviews such work solely from the point of view of the effect on navigation and national security. This policy prevents wasteful duplication of effort and leads to maximization of efficiency and expertise. For permits other than those involving leased Outer Continental Shelf lands, the procedure for taking into account recreational, fish and wildlife, and other environmental values is as follows: The proposal is circulated to State and Fed- eral agencies having expertise in the matter, their responses are considered and PAGENO="0028" 1346 taken into account, public hearings are conducted if appropriate, and finally, an environmental impact statement as required by the National Environmental Policy Act of 1969 is written where the granting of the permit would constitute a major Federal action "significantly affecting the quality of the human environ- ment." The Corps must defer to the Department of the Interior regarding the Com- mittee's inquiry concerning the procedures used by that Department to evaluate environmental factors and the authority of the Secretary of the Interior with respect to leasing of lands on the Outer Continental Shelf. The Committee has asked that It be supplied with a summary of pending pro- posals for offshore terminals, supertanker facilities, offshore nuclear facilities, and other development projects which in whole or in part would be located on the Outer Continental Shelf. The Corps does not maintain a listing of offshore proposals unless the sponsors of such proposals have applied for a permit. To date, no applications have been received and no permits issued for such facilities on the Outer Continental Shelf. The Corps has not examined the question of whether or not leasing should be postponed pending completion of further general studies and would defer to other agencies having a direct interest in the matter. Finally, the Corps does not have sufficient information on which to evaluate the state of scientific knowledge on the effect of oil spills on fish and wildlife in all pertinent marine environments. The state of knowledge is understood to be in- adequate, especially as it bears on the biological effects of chronic exposure to low concentrations of oil on the marine environment. I trust the above information will be of use to the Committee on Interior and Insular Affairs. Sincerely yours, A. P. ROLLINS, Jr., Major General, U~JA, Deputy Chief of Engineers. STATEMENT SUBMITTED BY THE DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION, U.S. COAST GUARD, Washington, D.C., May 5, 1972. Hon. HENRY M. JACKSON, Chairman, Committee on Interior and Insular Affairs, U.s. $enate, Washington, D.C. DEAR MR. CHAIRMAN: This is in response to your letter of March 9, 1972, in which you Invited the Coast Guard to prepare a report to the Senate In- terior and Insular Affairs Committee on selected questions and policy issues relating to a review of the administration of the Outer Continental Shelf Lands Act of 1953. The enclosed report contains responses to the specific questions on which you requested the Coast Guard to comment. We have also responded to addi- tion questions wherein we believed it would assist the Committee in achieving its objectives. The Office of Management and Budget advises that from the standpoint of the Administration's program, there is no objection to the submission of this report for the consideration of the Committee. Sincerely, T. R. SARGENT, Vice Admiral, U.s. Coast Guard, Acting Commandant. Enclosure: (1) Answers to questions and policy issues related to overview hearings on the Outer Continental Shelf Lands Act. A. THE PRESENT LEGAL REGIME FOB THE OUTER CONTINENTAL SHELF 1. What Federal statutes directly contribute to or constitute the eceisting legal regime for the management of the resources of the OC$ (including relevant Eceecutive Orders or other ecvecutive branch policy statements and relevant court decisions)? PAGENO="0029" 1347 * The following Conventions and Federal statutes directly contribute to or constitute the existing legal regime for the management of the resources of the QOS (this listing is not exhaustive and other agencies may suggest addi- tional authority). (a) Convention on the Continental Shelf (April 29, 1958, United States June 10, 1964) 15 UST 471, TIAS 5578,499 UNTS 311; (b) Convention on the Territorial Sea and the Contiguous Zone (April 29, 1958, United States September 10, 1964) 15 UST 1606, TIAS 5639, 516 UNTS 205; (c) Convention on the High Seas (April 29, 1958, United States September 30, 1962) 13 UST 2312, TIAS 5200, 450 IJNTS 82; (d) Submerged Lands Act (May 22, 1953) 43 U.S.C. 1301 et seq., 67 Stat. 29; (e) Outer Continental Lands Act (August 7, 1953) 43 U.S.C. 1331 et seq., 67 Stat. 462; (f) 14 U.S.C. 2, 81, 88, 89, 92, 93, and 94: (g) 33 U.S.C. 403 (March 3, 1899) 30 Stat. 1151 (as extended to OCS by 43 USC 1333(f)); (h) National Environmental Policy Act (January 1, 1970) 42 U.S.C. 4331 et seq., 83 Stat. 852; (i) Federal Water Pollution Oontrol Act, as amended, 33 U.S.C. 1151 et seq.; (j) Departmetn of Transportation Act (October 15, 1966) 49 U.S.C. 1651 et seq., 80 Stat. 931; (k) Assimilated State laws of twenty-three States insofar as they are applica- ble and not inconsistent, 43 U.S.C. 1333(a) (2); (1) Various vessel inspection statutes generally keyed to size, propulsion, and nature of operations of the vessels navigating on the OCS; (m) The 1960 Supreme Court decisions extending the boundaries (for pur- poses of the Submerged Lands Act) of Florida and Texas into the Gulf of Mexico up to three marine leagues (six miles beyond the territorial sea) and within historical boundaries. 2. What, in summary form, is the major goal or purpose of each of these statutes, orders or policy statements (e.g. resource development, oceanographic research, fish and wildlife protection, pollution control, etc.)? The Submerged Lands Act, 43 U.S.C. 1301 et seq., defines the respective rights of the States and the Federal government as regards lands beneath navigable waters within State boundaries and the resources within these lands. The Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq. (hereinafter OCSLA), prescribes the authority of the Secretary of the Interior to regu- late exploration for, or development or removal of deposits of, oil, gas, or other minerals. Authority is designated to the Department in which the Coast Guard is operating to promote safety of life and property on the artificial islands and fixed structures established pursuant to that regulation and to mark those islands and structures for the protection of navigation. 43 U.S.C. 1333(e). The authority of the Secretary of the Army to prevent obstruction to navigation is similarly extended to those islands and structures. 43 U.S.C. 1333(f). The OCSLA is limited by its terms to lands beyond State submerged lands boundaries. 43 U.S.C. 1331(a). The provisions of title 14 apply In part to the high seas. Coast Guard law en- forcement authority and other primary duties and authority are applicable and can reach vessels in these waters engaged in exploration and exploitation of resources of the OCS. 14 U.S.C. 2, 88, 89, 92, 93, & 94. Authority to establish, operate, and maintain aids to navigation applies to waters above the Continental Shelf. 14 U.S.C. 81. The provisions of 33 U.S.C. 403, extended to the OCS by 43 U.S.C. 1333(f), give the Secretary of the Army authority to prevent obstructions to navigation caused by islands or structures erected pursuant to the OCSLA. The National Environmental Policy Act 42 U.S.C. 4331 et seq., (hereinafter NEPA) establishes policies and procedures designed to assess and consider the impact of Federal actions on the environment, including the area of the OCS. By the terms of sections 11 and 12, the Federal Water Pollution Control Act, as amended (hereinafter FWPCA), is applicable to any contiguous zone "estab- lished or to be established by the United States under article 24 of the Convention on the Territorial Sea and the Contiguous Zone." Section 11 (33 U.S.C. 1161) deals with control of pollution by oil. However, this section and section 12 (33 U.S.C. 1162), which addresses control of pollution by hazardous substances, PAGENO="0030" 1348 are inapplicable to offshore facilities beyond the three mile limit governed by the OOSLA. Section 13 (33 U.S.C. 1163) which deals with control of sewage from vessels, applies only in the navigable waters of the United States, but of course would indirectly reach U.S. vessels serving OOSSLA structures. The Department of Transportation Act, 49 U.S.C. 1651 et seq., transferred the Coast Guard from the Treasury Department to the Department of Transpor- tation. As to the assimilated State laws, 43 U.S.C. 1333(a) (2), see our answer to question G.4. As to the applicability of vessel inspection statutes, title 46 U.S.C., see our answer to questions P.1 and J.1. The 1960 Supreme Court decisions extended the seaward boundaries of Florida and Texas on the Gulf Coast to up to three marine leagues (but within historical boundaries). These decisions have created some ambiguity with respect to the Federal authority for navigation and other safety purposes between the seaward limit of the territorial sea and the shoreward limits of the other continental shelf. 3. Which entities within which Federal agencies have been assigned OU$ re- sponsibilities and what formal and informal coordinating relationships (inter- agency committee, memoranda of understanding, etc.) exist among these agencies regarding OCS administration? The Department of Interior conducts the basic lease administration scheme on the OCS. As a part of that responsibility we understand that in recent years certain lease provisions have been included which are directed at the promotion of safety of life, property. and navigation, and protection of the marine environ- ment as those factors might be affected by islands and structures subject to the OCSLA. The Department of the Army, through the Corps of Engineers, and the De~ partment of Transportation, through the Coast Guard, have generally worked together whenever possible within the relatively narrow context of the OCSLA to promote navigation safety on the OCS. While the Department of Interior cannot exclude areas of the OCS covered by navigation fairways from the leas- ing program, the Corps of Engineers has advertised that permits for the erection of facilities will generally not be granted in any of the established fairways and only to a limited extent in anchora1~ges (33 CFR 209.135 & 209.138) (see chart, enclosure 1). The Coast Guard has issued regulatiOns for marking islands and structures subject to the OC;SLA (33 SFR 67) and for certain ~afety requirements thereon (33 SFR 140-146). Auth'orinaitioii to mark structures on the OCS is granted by Coast Guard after approval `of the facility by the Corps of Engineers (33 CFR 66.01-30 & 67.01-1(b)) or when a permit application is pending with the Corps for an exploratory operation. Guidelines for marking generally are treated in Commandant Instruction 3264.2 of 9 Mar. 1972. OCSLA structures and islands and underwater completions are treated in paragraphs 10 & 11 of that instruction (enclosure 2). We are familiar with no other working arrangements, formal or informal, for OOS administration except for a memorandum `of understanding between Coast Guard and the Geological Survey regarding the National Oil and Hazardous Substances Pollution Contingency Plan (enclosure 3). 4. What changes in the existing legal regime or Federal organization structure for management of the OC~ have been proposed or recommended by Federal advisory committees or by the Administration and what, in summary form, is the purpose of these recommended changes? The Coast Guard has not made, as yet, any specific recommendations for changes in the existing legal regime or Federal `organizational structure for man- agement of the OOS. We have, however, had various matters, primarily of a safety nature, under `study within `Coast Guard for many years. Our position and substantial concern has been reflected nationally in our long-standing partici- pation in proceedings relative to safety on the OCS conducted by the Coast Guards' National Offshore Operation Industry Advisory Committee to the Marine Safety Council (formerly the Offshore Operations Advisory Panel) `and inter- nationally through position papers the Coast Ouard ha's presented to the Inter- governmental Maritime Consultative Organization (IMOO). A copy of a Febru- ary 1967 discussion of safety aspects of offshore installations in the Gulf of Mexico prepared in Coast Guard is enclosed (enclosure 4). For `the most part it represents an accurate picture of the current safety regulation admthistration PAGENO="0031" 134~) and related problems on the 005, with the exception that procedures to establish the safety zones referred to on page 7 of enclosure 4 have been promulgated by recently-issued regulations. 5. What add'ttionat changes in the ewisting legal regime or Federal organiza- tional structure merit Congressional consideration and re'view? We believe that the need for an orderly, comprehensive, and coordinated pro- gram to provide for the safety of life and property, and the protection of the marine environment on the continental shelf is at hand. Under such a program, concentrated effort could be directed to specific problem areas dealing with the continental shelf maritime environment. These broad goals should include- (a) the resolution of possible conflicts in use as they relate to such matters as vessel transportation, pipeline transportation, fishing, recreational activities, and fixed and mobile structures on and over the continental shelf. (b) the prevention, reduction or elimination of wrecks, debris, pollutants, and other matter on the continental shelf insofar as they constitute obstructions or impediments to surface or subsurface navigation, including fishing, hazards to life and property, or threats to the marine environment. (c) the establishment of safety standards applicable to all types of structures and devices used on the continental shelf SO as to promote reduction of loss of life and to prevent injury to personnel, and property; and (d) the establishment of a program for the protection of the maritime environ- ment similar to that presently being implemented in waters within the territorial sea. Some statutory authority permitting action to deal with these problems cur- rently exists. Further extensions of United States activity with respect to its nationals poses no legal problems. Uowever, it is otherwise as to significant extensions of control of activity of foreign vessels and citizens. While there is probably still room for additional regulation of the latter within the regime of the Continental Shelf and Contiguous Zone Oonventions, the proper course to be taken for comprehensive regulation of foreign activity raises questions of international relations which touch upon the United States posture in the current Law of the Sea negotiations. This way pose a serious dilemma. The din- cussitons in this paper are intended only to describe the safety considerations Which must be resolved and no suggestion as to an executive branch position regarding the resolution of the United States international law posture in this area is to be inferred from our suggestions as to necessary additional regulation. The growth of the offshore mineral mining industry in a relatively short time period is illustrative of the problems to be anticipated in the use of continental shelf environment. In the Gulf of Mexico today, there are over 1,850 installa- tions beyond our territorial waters, many of which interfere to a greater or lesser extent with the more traditional activities conducted in this area such as fishing, transportation, and recreation. The proliferation of these structures made necessary the establishment of fairways so as to provide some measure of unobstructed access to major port areas. The shipping fairways were a com- promise measure established in lieu of the IMCO-approved traffic separation lanes, a compromise which resulted from the lack of space between structures for the traffic separation lanes. The vessel traffic is very heavy in that region of the OCS (see 1969 Daily Distribution of Traffic in Gulf of Mexico, enclo- sure 5). The tankers, as they increase in size, become less maneuverable in these relatively small fairways. Unfortunately, in most instances the action taken has been a reaction to the existing probieni~ rather than anticipatory `action to prevent the problem. We can reasonably expect that other new endeavors will develop, each de- serving the safe use of a fair proportion of the environment. Even now the activities conducted on the OCS have created conditions which will impede and Obstruct the use of the continental shelf area, particularly in the Gulf of Mexico. The accumulated debris of the offshore mineral mining activity, Includ- ing wrecked structures and abandoned associated equipment, Is distributed over a wide expanse of the continental shelf. This debris may represent a `hazard, depending upon location and size, `to increasing surface and `developing subsur: face navigation. It `also represents an impediment `to fishing activities, particu- larly trawling. As the activities on our continental shelves multiply, these prob~- lems will become more acute, demanding some positive action to regulate the activities and to resolve competition between conflicting activitieh. PAGENO="0032" 1350 Under any legislative proposal developed to provide comprehensive adminis- tration of the OCS, authority should be granted to promulgate and enforce Federal regulations applicable to United States nationals: (a) governing all aspects related to safety of life and property of installa- tions and their equipment erected or located on the continental shelf, except for those fixed structures and artificial islands already subject to the regulatory provisions of the OCSLA; (b) governing the establishment and marking of installations not covered by the OCSLA which are owned or operated by nationals of the United States or which are linked physically to the United States as well as associate matters in- cluding the development of vessel traffic control systems of the OCS, the establish- ment of sealanes and fairways in which installations would be prohibited, and the designation of areas in which the deposit of wrecks and debris would be per- mitted; and, (c) governing protection of the marine environment similar to Federal author- ity now exercised within the navigable waters of the United States. Another appropriate area of possible legislation would encompass authority to allow the Secretary of the Department in which the Coast Guard is operating to take action to remove wrecks or debris on or above the continental shelf, and to recover the cost thereof from the owner. We are resolving, in conjunction with the Department of State, the need for executive or legislative action which might clearly enunicate a contiguous zone for the purposes of Sections 11 and 12 of the Federal Water Pollution Control Act. Finally, the possible ambiguity in respect to Federal authority for navigation and other safety purposes off the Gulf coasts of Florida and Texas between the seaward limit of the territorial sea and the historic boundaries of the States should be addressed. D. INFORMATIoN FOR DECISIONMAKING AND MANAGEMENT 3. "What are the advantages and disadvantages, from the point of view of mawimiring resource development, lease revenues, safety and environmental pro- tection, and from the standpoint of cost, of using the present informational sys- iem for identifying promising acreage prior to lease sales compared to: (a) The Federal government conducting its own ecopanded geological and geophysical sur- veys, (b) Purchasing such information from private surveyors, (c) Requiring members of the petroleum industry to subm4t on a confidential basis their ece- ploratory data and resulting assessment, (d) Developing new sources of informa- tion, in addition to geological or geophysical information, (e) Any combination of these alternatives?" Although we are not thoroughly familiar with the details of the present system used to identify promising acreage prior to OCS lease sales, the Coast Guard feels that the lease selection process should give attention to compatibility with the other more traditional uses of the OCS, including transportation, recreation, and fishing. From the point of view of maximizing resource development, and, more particularly, safety and environmental protection it would be advantageous to the decision making process for the Coast Guard to participate more fully relative to navigation and safety matters and pollution abatement efforts on the OCS. Any applicable regulatory activity on the OCS which could affect navigation, the safety of life and property, or pollution abatement efforts should, as an essen- tial prerequisite, require coordination with the Coast Guard so as to take into account matters such as safety measures in effect, shipping safety fairways, an- chorage areas, and contingency plans for controlling and combating oil and other pollutant discharges. E. PRESENT DECISIONMAKING AND MANAGEMENT PROCEDURES 2. "What is the procedure currently used by the Federal agencies for taking into account recreational fish and wildlife and other environmental values ~n choosing tracts to be leased?" While we fully appreciate the necessity of taking into account environmental values, the Coast Guard is concerned with the initial problem of the resolution of the conflict of use of the waters superjacent to the continental shelf. Under the OCSLA priority has apparently been given to the erection of drilling and production platforms over other uses of the same area, principally water trans- portation and fishing-particularly trawl fishing. The consequences of this in the Gulf of Mexico has been a proliferation of resource development structures without adequate consideration being given to the movement of vessels. The PAGENO="0033" 1351 traffic separation schemes of the type approved by IMCO cannot physically be estabilshed in the Gulf off the principal ports because there is insufficient space. The less satisfactory solution of establishing the so-called fairways has been the compromise. We must be sure that on the remaining portion of the Continental Shelf of the U.S., adequate consideration is given to all uses. While the resource development structures themselves impede surface traffic, especially the operation of the larger vessels, the interference with commercial fishing, particularly trawling, is more from the impediment of the oil exploita- tion industry left on the seabed. Pipelines are permitted to be laid rather at the whim of the industry with no requirement that the locations be charted or that pipeline corridors be used.. Since except for the pipe laid near the foreshore, these pipelines are not trenched or buried, the advent of a storm causes con- siderable damage. Hurricanes and other severe storms can break s nd move pipelines laid in fairly deep water. These pipelines, rendered unusable, are not recovered but simply replaced. Storms also wreck a number of structures each year, distributing the debris over the ocean bottom. This wreckage is not re- moved. Consequently sizable areas of seabed are cluttered with enough debris to discourage or defeat trawling operations. As to accounting for environmental values in choosing tracts to be leased, the Coast Guard is not familiar with the details of the procedure currently used by other Federal agencies for taking those values into account. However, the Coast Guard does participate in the development of environmental impact state- ments required by NEPA when offshore sales are proposed. This assistance is generally in the nature of identifying navigational safety fairways that would or could possibly interfere with exploration/exploitation, contingency planning to control and abate pollution~ and making recommendations to prevent pollu- tion. Based on the recent court decision involving the proposed OCS lease sale, the Coast Guard is initiating a change to the 102 statement preparation procedure in order to examine more fully the alternatives to a proposed action. F. LEASE ADMINISTRATION 1. What, in general, are the current procedures for lease supervision and inspec- tion~? Are there concrete indications of improved surveillance and compliance Over past ewperience? To what estent has the risk of accidents such as those which occurred near $anta Barbara and offshore Louisiana been reduced;, and to what factors are\reductions (if any) due? Although issuance of leases is not the direct responsibility of the Ooast Guard, this agency is involved in a number of areas of lease supervision in conjunction with safety and with pollution detection and removaL Pursuant to the OCSLA the Coast Guard has authority to "promulgate and enforce such reasonable regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property on the islands and structures. Artificial Islands and Fixed Structures on the Outer Continental Shelf (33 CFR 140-146) were published under that authority. These regulations apply to mobile and built-up platforms used in resource development, lifesaving appliances, fire fighting equipment, and certain special operating requirements. In addition, the Coast Guard has issued regulations to prescribe necessary obstruction lights and fog signals (33 CFR67). Although the regulations were issued in 1956 and the Coast Guard began a program of inspections, these inspection efforts were hampered by economic realities, including a shortage of personnel and a lack of sufficient air trans- portation. By 1962, some 1,300 resource development structures had been inspected in the Gulf of Mexico area. At present there are approximately 1,850 such structures on the OCS and an additional 4,200 located near the coast. The large majority of these structures are unmanned. Because of the aforementioned limitations, the Coast Guard has emphasized the inspection of manned plat- forms as being the most cost effective alternative, and an attempt is made to board and inspect each manned platform annually. Drilling units of the submersible or semi-submersible type are inspected and certificated as seagoing barges under 46 U.S.C. 395. This inspection provides assurance that the con- struction and arrangement of these vessels are suitable for the route and service Intended while in transit to new locations. The number and size of mobile bottom bearing and drilling units, which often operate world-wide, has increased. There have been casualties during transit to 77-463 0 -72 - pt. 3 - 3 PAGENO="0034" 1352 new drilling sites. As a result of Increased concern over their safety it appears appropriate to inspect these craft as seagoing vessels and to issue a certificate of inspection to be valid during transit In this regard the Coast Guard has published a proposed change to the Code of Federal Regulations considered at a Public Hearing held on March 27, 1972. The Coast Guard is actively involved in many surveillance programs on the OCS or in waters immediately adjacent to the OCS Routinely once a week flights have been made over the critical pollution areas of the U.S. coastline. With the recent addition of six special purpose aircraft the entire coastline will be surveyed weekly. In addition, frequent pollution patrols are made of harbors and bays These pollution surveillance flights occasionally aie directed to fly over specific areas of the OCS to spot check oil exploration operations We conduct coastal air borne radiation thermometer flights over large areas of the OCS and seasonal oceanographic cruises are carried out throughout these same waters In addition our Offices of Research and Development and of Engineering are devel oping instrumentation to assist us in the monitoring and surveillance of these waters Of particular importance will be the development of sensors specifically for pollution control purposes The Coast Guard also enforces other laws and treaties in several areas over lapping the OCS particularly the statutes that prohibit foreign fishing within twelve miles of the coast We routinely conduct surface and air patrols for these purposes. In order to carry out various missions with optimal utilization of resources the Coast Guard has involved its personnel in a multi mission approach to planning and operation. Thus aircraft or ships often conduct pollution sur- veillance activities as an adjunct to many other missions Each time a Coast Guard vessel/aircraft traverses the OCS we are in effect also conducting pollu tion surveillance to the degree that operations permit when such a transit is not specifically for pollution surveillance. F LEASE ADMINISTRATION 2 What measures (including in house and consultant studies under way or recently completed) have the Federal agencies taken or planned regarding im provement of OUS administration? See our answer and materials in response to question A.4. G. JURISDICTIONAL ISSUES 1. What jurisdictional issues remain regarding: (a) The seaward limits of the OUR? The seaward limits of the OCS are presumptively coterminous with the seaward limit prescribed by the Continental Shelf Convention These limits ai e presently being debated in the preparatory conferences to the forthcoming Law of the Sea Conference From the viewpoint of marine transportation maritime safety pollution abatement and recreational use the geographic seaward limit of the OCS is of little direct impact. (b) The seaward limits of state jurisdiction? The seaward limits in the Gulf of Mexico of the submerged lands of the states of Florida and Texas, by virtue of the 1960 Supreme Court decisions, are set at up to three marine leagues (within historic boundaries) from the base line. This is then the shoreward limit of the OCS in these two coastal areas. Under the Submerged Lands Act, the United States retained in this area all its naviga- tional servitude and rights in and powers of regulation for the purposes of navigation However the authority which the Corps of Engineers and the Coast Guard exercise with regard to protection ed navigation (such as permits for obstructions and navigational lighting requirements) derive from statutes appli cable on the one hand to the navigable waters of the United States-which in clucles the tern tonal sea-and on the other hand from the OCSLA Literally none of these statutes have application in the band between the territorial sea and the inward boundary of the OCS Because of this the authority of the appropriate agencies to act within the six mile band is ambiguous In our view legislation is desirable to eliminate this ambiguous situation with respect to Federal authority since the personal jurisdiction which the United States may exert over its na tionals in these areas is not adequate to deal with navigational and other safety problems. PAGENO="0035" 1353 G. JuRIsDIcTIoNAL IssuEs 2. "Provide a summary of pending proposals for offshore terminals, super- tanker facilities, offshore nuclear facilities, and other development projects which in whole or in part Would be located in the OCR. What, if any, Federal permits and/or litcenses are required under present law for these projects? Is additional Federal legislation dealing specifically with proposals of this nature required or desirable?" In our view the establishment of offshore terminals, supertanker facilities, off- ~hore nuclear facilities and other developmental projects beyond territorial waters are not subject to the provisions of the OOSLA-with the possible excep- tion of terminals and facilities providing service for petroleum and gas extracted on the OCS. Control of offshore terminals, etc., is not within the purview of the Continental Shelf Convention. There do not appear to be any direct Federal or State statutes which can reach such activities beyond the territorial sea at the present time. The general principle of extra-territorial jurisdiction over United States nationals is inadequate in the absence of further legislation. Moreover, in the view of the United States, international law does not prohibit the nationals of one country from establishing structures unrelated to continenal shelf re- sources on the continental shelves of other countries. There is little customary in- ternational law on this topic inasmuch as the previous state of technology was primitive enough to preclude such erections in the high seas. The Netherlands and the United Kingdom have dealt with so-called pirate radio stations located on structures beyond the territorial sea (on abandoned WWII flak towers) by unilateral action. At least one scientific research platform has been erected by one nation on the continental shelf of another nation without obtaining permission on the basis that the activity was not subject to the Continental Shelf Convention. The Territorial Sea and Contiguous Zone Convention permits a coastal state to take action in the contiguous zone to prevent infringements in the territory and territorial sea of its customs, fiscal, sanitary and immigration regulations. Thus there is an internationally sanctioned authority to deal with these struc- tures for these purposes as far from shore as twelve miles. However, while this distance may seem great today, it is quite conceivable that terminals and other facilities may be located at a further distance from shore. Additional Federal legislation will be necessary in order to exercise effective jurisdiction over off- shore terminals, supertanker facilities, offshore nuclear facilities and other sim- ilar projects. Particular attention should be paid to the necessity of considering all of the other uses of the same area In order to minimize conflicts. We feel that the proper basis for the exercise of jurisdiction over such offshore structures is through the link with the shore. That would be done by conditioning the licensing or connecting of the structure (pipeline, cable, roadway, or what- ever other link may be used) with the territory on the United States upon com- pliance with appropriate control measures including those relating to domestic or foreign vessels servicing them. We view the use of a geographic jurisdictional device-particularly one which would purport to regulate such structures beyond twelve miles from shore-as a very poor method and one which could have ad- verse repercussions with regard to Law of the Sea issues. We would also favor the use of the personal jurisdiction device as a complementary basis. Because the OCSLA and the Continental Shelf Convention are so closely inter- related, we consider it to be extremely unwise to attempt to construe the OCSLA as giving jurisdiction over these offshore terminals because this could stimulate either extensive jurisdictional claims by other nations or an expanded interpre- tation of coastal state rights under the Continental Shelf Convention. The Coast Guard is participating with other Federal agencies in the CEQ Supertanker Study The study will Investigate the probable environmental effects of utilizing very large tank vessels (in excess of 100,000 DWT) to import oil to the United States. The study will consider the use of offshore terminals and other facilities to accommodate these large vessels and is expected to be com- pleted by late 1972. The Coast Guard is aware of other studies and proposals concerning this subject and reviews them to satisfy NEPA environmental impact statement requirements or offers comments within the purview of our statutory authority. The following Federal permits and/or licenses are required under present law: (a) Corps of Engineers permit for construction of OCSLA structures on the OCS (33 USC 403, 43 USC 1333(f)). PAGENO="0036" 1354 (b) Coast Guard authorization for the operation of required lights and fog signals on structures on the OCS erected for the purpose of exploring, develop- ing, removing, or transporting resources from the OCS (54 USC 1333(e) , 33 CFR 67). (c) Coast Guard authorization for any discretionary aids to navigation to be established in connection with an offshore project subject to the jurisdiction of the United States. (14 USC 83, 33 CFR 66) 3. What formal or informal procedures are used by the Federal agenc'te$ to ascertain and consider the interests and views of `i~nd~vutual coastal states re gardin~g Federal leasing and management decisions for OUtS ~ands~ In view of the fact that we are not thoroughly familiar with the detailed pro cedures related to the above question we have elected not to answer this question. 4 What should the role of ~Itate government be with respect to Federal deci sion making concerning: (c) Environmental regulations on OCS~ lands bordering the f~tates jurisdic tionr' As a general proposition the Coast Guard feels that any major human activity should be subject to but a single set of rules In the field of maritime commerce for example we believe that the subjection of such commerce in different areas to different sets of laws tends to impede and reduce efficiency Thus we believe that differing State environmental protection statutes are deleterious and that the proper solution is a uniform national approach We have made this point in the reports prepared by this agency as required under Sections 11p4 and 12g of the FWPCA We feel no differently concerning the regulation of the petroleum and gas extraction industry particularly with reference to the environmental protection regulations It does appeai illogical to have one regime of environ mental protection applicable within the territorial sea to offshore structures and a different regime applicable beyond the territorial sea Section 11 of the FWPCA applies to offshore structures within the territorial sea and provides for Federal environmental regulations by EPA. It does not in and of itself preclude State regulation Section 11 provides a liability regime and cost recovery limited to Federal activities for these structures Any State or local action taken with regard to similar activities would be subject to the liability regime of state law Moving seaward but a few miles to the OCS the structures there are regulated from an environmental protection standpoint by a different Federal agency and there is no Federal statutory liability regime for governmental removal activi ties If the adjacent State happened to have a regime for pollution liability applicable to structures before the enactment of the OCSI A that law would of course remain applicable by reason of the assimilative provision of the OCSLA. However any State law subsequent to August 7th 1953 would not be assimilated by reason of the language of the OCSLA From the foregoing precis it is obvious that there is a very confused legal sit uation pertaining offshore in matters such as environmental protection in which there is no uniformity of Federal law This makes it difficult to assess what the role of the adjacent State should be. Several States have recently enacted far reaching environmental protection laws which might have application to OCSLA structures on the Outer Continental Shelf if the assimilative provisions of the OCSLA were amended to include current State law However this would not avoid the situation of adjacent States having differing regimes In this connec tion it should be observed that the extensions of the State boundaries onto the OCS have never been accomplished and thus it is difficult to determine with regard to a structure located near the area where the boundary could conceiv ably run which state s laws are applicable by assimilation We feel that Fecbiral and State law should, insofar as possible, be identical in order to assure uniformity of treatment of a problem that does not change be cause of political boundaries. 5 Are there lugh pi iorit'ij research or administrative programs related to OtJS administration that remain unfunded underfunded or short of personnel~' Coast Guard emphasis on OCS craft inspection and surveillance which has fol lowed increased awareness of environmental hazards has necessitated diversion of resources from other priorities Although partially met through the budgetary process increased personnel and resources for inspection of rigs transportation equipment and enforcement of aids to navigation requirements will be required if it is determined that the program should be intensified Development of a more comprehensive safety program for the OCS would of course necessitate additional funding dependent upon the program. PAGENO="0037" 1355 J. ENVIRONMENTAL PROTECTION 1. What are the nature and magnitude of environmental risks and problems related to OC~S oil and gas development in: (a) Geophysical ewploration? (b) Drilling and production? (c) Undersea pipeline construction and operation? (d) Tanker operation? (e) Port and processing facilities? (f) Onshore pipeline con- struction and operation? To what e~vtent is each of the above a matter of: (a) Chronic waste discharges in water? (b) Episodic (accidental) waste discharges in water? (f) Navigation safety? Environmental risks related to OCS oil and gas development include a number of areas in which the Coast Guard has considerable interest, expertise, and responsibility. In some cases, the Coast Guard involvement is that of the Federal agency with primary responsibility; in others it is more peripheral and related to long standing statutory responsibility concerning safety of life and property at sea. This involvement includes law enforcement activity combined with recom- mendation and moral suasion in many areas of safety where Federal regulation does not presently exist. An effective forum for development of Coast Guard regulations and for ex- change of views regarding safety and pollution avoidance has long existed through the mechanism of the National Offshore Operation Industry Advisory Committee to the Marine Safety Council (formerly the Offshore Operations Advisory Council). Typical of the contributions of that Panel is the "Manual of Safe Practices in Offshore Operations" (November 1967), a volume of recom- mended safe practices. The extensive minutes of the Committee's meetings reflect the broad scope of its concern with safety and environmental consid- eration. J-1-"What are the nature and ma~jnitude of environmental risks and prob- lems related to OU~ oil and gas development in: (a) Geophysical eeploration?" Geophysical exploration in OCS areas generally entails the environmental risks normally associated with the operation of water craft as well as those asso- ciated with the exploration process itself. Although not directly involved with the later, the Coast Guard has been involved through complaints *by fishermen over t~ie effects that the explosive charges formerly used quite widely in ex- ploratton have on fish. The .( United States) vessels themselves are addressed by marine safety regulations with application and scope dependent upon the vessel size, propulsion, and operation. Comprehensive regulations (46 CFR 188 to 198) issued during 1968 address the inspection and certification of oceano- graphic vessels but apply to very few of the vessels used in oil exploration. Hence, these vessels generally are exempt from comprehensive regulations de- spite their carriage of considerable quantities of highly flammable compressed gas for exploration usage. Since such cargo constitutes a threat to port safety, the loading is accordingly monitored by Coast Guard personnel. J-1-"What are the nature and magnitude of environmental risks and prob- lems related to OC$ oil and gas development: in (b) Drilling and production? Responsibility for conservation of resources and avoidance of product loss during drilling and production, some of which is conducted on unmanned plat- forms, is tasked to the Department of Interior. The Coast Guard has responsi- bility for all discharge removal as well as for prevention of pollution from the vessels which supply the drill and production rigs. As previously described, ex- tensive surveillance by Coast Guard air and water craft is conducted to locate spills so as to assure prompt remedial action. Discharge prevention measures include the requirements for markings and devices to avoid vessel/rig collision and for shipping fairways. Considerable effort is expended in assuring that warning devices are operable. The need to assure that the rigs are located so that they do not force the huge vessels now transiting the OCS area to make difficult maneuvers to navigate cannot be overemphasized. In accordance with the 1958 Convention on the Continental Shelf, Title 33 of the Code of Federal Regulations was amended to provide for the establishment of Safety Zones around offshore structures engaged in resource exploitation. The regulations became effective on 7 January 1972. J-1-"What are the nature and magnitude of environmental risks and problems related to OC1~I oil and gas development in: (c) Undersea pipeline construction and operation ?" The transportation and connection of pipeline components is usually via ves~ sels, all of which are subject to some degree of Coast Guard control. The en- vironmental risks associated with laying the pipelines are subject to review by PAGENO="0038" 1356 other agencies. However, this review does not consider hazards to li1~e such as the radiation exposure to which the workers are s~thjected during non destructive testing of pipeline joints The location and protection given to pipelines directly relates to their like hhood of being damaged by storms by fishing harvest activities or by the opera tions of ships. For the most part pipelines are untrenched and accordingly are vulnerable to these hazards. The magnitude of pollution potential is related to the effectiveness of devices installed to isolate pipeline sections in the event of a rupture. Undersea pipelines, even when buried beneath the seabed, may be dam- aged by vessels anchors or spuds Since pipelines are rarely direct obstructions to navigation regulations do not presently requiie marking charting the loca tion, or centralizing location of pipe in areas of the fairways. Although Coast Guard authority does not speak to the locations of pipeline~ our involvement in pollution surveillance and removal in marine safety and in pol lution prevention prompts our concern over less than optimum pipeline location and protection The needs of the mariner definitely should be considered in ap proving pipeline location This would require the location of many pipelines to be marked particularly where they cross fairways and channels In addition these pipelines should be constructed in a manner that makes them more resistant to damage by external hazards. An interesting development concerns the usage of manned submersible ves- sels for examination of pipelines, capped wells, and other underwater installa- tions The Goast Guard is the lead agency in developing safety regulations for these vessels and is also charged with providing them with assistance in times of emergency. J-1---"What are the nature and ma~jnitude of environmental risks and problems related to OUEi oil and gas development in (d) Tanker operations ~ Any sizeable increase in tank vessel traffic in the areas proximate to our shores would result in increased risk of environmental degradation unless offset by a continued vigorous marine safetl enforcement program possibly supplemented by additional authority to control marine traffic. Short distance transport from the 005 site to the mainland using tank vessels rather than pipeline would presumably, for economic reasons, utilize barges or self propelled vessels smaller than those used to import oil from overseas. Potential oil discharges trom such operations would result from factors such as tank cleaning or ballasting, structural failure, bilge pumping, equipment failure, tank overfill, and collisions or groundings. Presently tolerated tank cleaning and ballasting techniques conducted outside the line of demarcation set by the present international convention including the load on top procedure result in sizeable polluting discharges which are at least somewhat distributed throughout the oceans. Greatly increased tanker traffic in our coastal waters could not include utilization of these procedures without a corresponding increase in environmental damage. Tank cleaning and ballasting in some degree would still be necessary but would have to be adapted to meet our already stated goal of "complete elimination of intentional oil dis- charge into the ocean." Fortunately, considerable work already has been done in this area under the auspices of the Intergovernmental Maritime Consultative Organization (IMCO). IMCO member's efforts include the initiation of special studies to develop practical international standards to be incorporated in a il~73 IMCO Marine Pollution Convention. The United States has taken the lead in conducting two of these studies germane to the problems of tank cleaning and ballasting- segregated ballast tankers and dual purpose collapsible tanks The first study has been completed by a joint effort of the Coast Guard, the Maritime &dmlnistration and the American Institute of Merchant Shipping This studs will allow assessment of the cost effectivene'~s of tanker designs incorporating various degrees of segregated ballast in mitigating pollution from intentional and accidental causes. The second study area is being perfoimed by the Massachusetts Institute of Technology, under a Coast Guard contract. It seeks to determine the feasibility of various configurations of flexible membranes in controlling pollution Study in this area of pollution avoidance is promising but still in the early exploratory stage. It is premature to speculate concerning the optimum design of tank vessels to be used in OCS oil transport However it seems desirable to ha~ e some form of clean ballast system in order to avoid dealing with the alternative of providing for the disposal of dirty ballast without environmental damage. PAGENO="0039" 1357 Through regulations published pursuant to the Tanker Act and other statutes, * the Coast Guard exercises comprehensive control over the structural adequacy, manning and operation of U.S. tank ships and tank barges. Periodic inspection of hull and equipment, investigation of casualties, a personnel licensing and certification program, and remedial procedures to remove the documents of indi- viduals found guilty of misconduct, negligence, or incompetence in performing their duties combine to provide an effective marine safety oriented program. Needed authority specifically addressing pollution prevention was delegated to the Coast Guard pursuant to the Water Quality Improvement Act of 1970 which amended the FWPCA. Comprehensive regulations based on this Act were pub- lished as a Notice of Proposed Rule Making on 24 December 1971, and considered at a Public Hearing held on 14 February 1972. These regulations address tank cleaning and ballasting; bilges, leaks and fueling spills; vessel casualties; and oil transfer operations. They supplement those already being enforced and ad- dress all of the several potential sources of oil pollution mentioned above except that of collision or groundings. Avoidance of collisions or groundings is partially addressed by existing licens- ing qualifications as well as by requirements for vessel structural adequacy and the comprehensive aids to navigation system which the Ooast Guard has estab- lished to assist the mariner. Utilization of relatively small vessels to transport oil from OCS sources would reduce the number of supertankers arriving from overseas and could minimize the consequences of any single water transport caused pollution incident. Greatly increased vessel traffic, particularly of large difficult-to-maneuver vessels such as supertankers, would raise collision probability on the OCS unless preventive traffic control measures were instigated. Such traffic control measures on the OC~ might well be similar to those con- tained in the Coast Guard's proposed "Ports and Waterways Safety Act." Just as some ports may require a complex system of traffic lanes, check points, commu- nication networks, surveillance devices, and central control stations while others may require a comparatively simple traffic separation system coupled with effective communications or no system at all, so too would be the case with OCS marine traffic concentration points. In a related development, the establish- ment of shipping fairways has been an important step in promoting navigational safety in the vicinity of oil and gas operation in the Gulf of Mexico. It may well be that traffic separation schemes similar to those adopted by member nations of IMCO, and which are already being operated under Coast Guard supervision in the approaches to certain U.S. ports, also will provide a partial answer. The need for a proper mix of these several approaches to assuring navigational safety requires the participation of the Coast Guard in planning for any future large scale OCS oil development. As indicated previously, the Coast Guard regulates tank vessels of U.S. registry. However, if vessels under foreign registry engage in the transport of oil from 005 sites, the question then arises as to the control that can be exercised over these vessels. 005 sites covered by the OCSLA are currently deemed points within the United States for the purpose of the coastwise trading laws (Treas Decls 54281). Under this interpretation vessels engaged in the transportation of oil or passengers between the sites and the coast of the U.S. are required to be documented by the U.S., a procedure which contributes to effective control of their operations. This leaves open only the regulation of foreign vessels which might transport oil to or from foreign ports. In regulating the operation of OCSLA structures, the United States could require that foreign vessels touching at such sites agree to meet United States standards and requirements. It would appear that these principles would also obtain in the case of structures on the OCS which might be licensed under future legislation based on further devel- opments in international law. ,J-1-"What are the nature and magnitude of environmental risks and prob- lems related to OC~ oil and gas development in: (e) Port and processing fa- cilities?" Loss of product in shor-Qside transfer terminals has occurred despite the pre- viously described regulations controlling vessel construction and operations, and despite other Coast Guard enforced regulations in Title 33 of the Code of Federal Regulations which address shoreside terminal transfer. Under the relatively recent authority of the FWPCA amendments of 1970, the Coast Guard has pub- lished proposed regulations and has held a public hearing on February 14, 1972. These proposed regulations cover a host of equippage, communications, spill avoidance and recovery devices, and terminal operations which should significantly reduce the likelihood of product loss at marine transfer terminals. PAGENO="0040" 1358 After consideration of the public comments received, the Coast Guard will pub- lish final regulations in the near future 2 t~ummarize e~rperience with environme~ntaI effects of offshore oil and ga~ operations in (a) Gulf Coast (b) California (c) Cook Inlet (d) Overseas In 1969 the Coast Guard developed the Pollution Incident Reporting System (PIRS) in an effort `to collect information and assess the effect of oil discharges in the marine environment At present only the data for oil di'wharges occurring in 1970 are available The data for 1971 is presently being compiled and will be available in July 1972 The 1970 data indicates that there were approximately 1,766 discharges in the Gulf of Mexico totaling 4.8 million gallons. Of these 1,766, two discharges ac- counted for 3.5 mIllion gallons. In California, there were 471 discharges of 212,744 gallons. The majority of these discharges were associated with ships and onshore facilities. Alaska had 43 spills of 97428 gallons in 1970 but only seven totaling 214 gallons were related to an offshore facility The figures above are from all sources. Offshore facilities accounted for 882 discharges totaling 39 million gallons most of which occurred in the Gulf of Mexico Incidents which involve offshore structures under Federal jurisdiction and which meet the definition of a reportable marine casualty are investigated by the Coast Guard to determine the cause for use in the prevention of future casualties. Casualties to artificial islands or fixed structures must be reported to the Coast Guard under any one of the following conditions: 1 If hit by a ~ easel and damage to property is in excess of $1 500 2. If the damage to an artificial island or fixed structure is in excess of $25,000; 3. If materiel damage affects the usefulness of lifesaving or firefighting equipment 4. If there is loss of life; or 5 If there is injury causing incapacitation in excess of 72 hours that arises out of being connected with the use of or employment of emergency equipment as described In Subchapter N (33 CFR 140-46) Mobile rigs have been considered fixed structures when working and fixed to the sea bottom When underway they have been considered vessels which must report casualties in accordance with the rules and regulations covering vessels (46 CFR 136). The table below indicates casualties to fixed and mobile drilling rigs reported during fiscal years 1966 through 1971 The dollar damage figures are for the most part estimates or approximations These figures come solely from the vessel casualties and do not reflect mishaps, injuries or deaths that may have resulted when there was no vessel or rig damage (e.g., persons falling or knocked over- board crushed or maimed by drilling equipment etc) Waters Gulf Atlantic Pacific Foregin Totals Mishaps 274 54 22 13 363 Dollar damage 49, 541,000 2,481,000 495,000 331,000 52,848,000 These reports indicate that there were 71 deaths and 82 injuries associated with the above casualties. 3. What in summary, are: (a) Treaty; (b) Federal statutory; (c) Regulatory and lease-contract provisions governing liability of 002 lessees for damages and cleanup costs arising from oil and gas operations conducted pursuant to 00$ leases? (a) There are no treaties specifically governing damages and cleanup aria ing from oil and gas exploration/exploitation on the high seas However with regard to such activities on the continental shelf, the coastal state having jurisdiction under the Continental Shelf Convention clearly has the right to apply domestic legislation including that dealing with pollution damage and "cleanup". The 1954 Oil Pollution Convention and the prospective triad of oil pollution conventions (the 1969 Brussels Civil Liability and Intervention and the 1971 Oil Pollution Fund Convention) apply only to vessels. (b) The FWPCA as amended, by its definition of what are offshore struc- tures, excludes from the operation of the Act any of the structures located beyond the territorial sea. PAGENO="0041" 1359 (c) We understand that the Department of Interior has established pollution liability provisions by regulation. We have some reservation about the effective- ness of this means. We discuss the possible application of State law to the resource development structures on the OCS in the response to G. 4. 4. "What follow-up action was taken by Interior, the Environmental Protection Agency, the Coast Guard and other Federal agencies after each OU~ mishap and what interagency agreements and plans related to coordinated Federal handling of any future OCE~ mishaps, have been made as a result of these ewperiences ?" The memorandum of understanding between the Department of Interior and Transportation concerning respective responsibilities under the National Oil and Hazardous Substances Pollution Contingency Plan delineates the areas of responsibility for the Geological Survey and the Coast Guard for oil discharges originating. from operations conducted under the OCSLA (enclosure 3). Follow-up action after an oil discharge is based on the National Contingency Plan and the regional contingency plan for the area in which the discharge took place. Enclosure 6 Is a "Review of the Santa Barbara Channel Oil Pollution Inci- dent," a research report conducted by the Pacific Northwest Laboratories Divi- sion of Battelle Memorial Institute for the Departments of Interior and Trans- portation. Coast Guard responsibility regarding OCS mishaps includes investigation when the mishap constitutes a "reportable marine casualty" described in the answer to question J-2. These investigations are conducted to determine the cause of the casualty so that this knowledge can be used to avert future casualties. Several types of investigations of marine casualties are conducted by the Coast Guard under the authority of 46 U.S.C. 239. Major casualties are investi- gated by a Marine Board of Investigation, usually comprised of three or more senior officers experienced in the field of merchant marine safety; less serious casualties may be investigated by only one officer. If the casualty is significant, a formal hearing may be held; less significant casualties are investigated in- formally. A narrative report is required in all cases involving death. Casualties to fixed platforms constructed pursuant to the OCSLA are investi- gated in a similar manner. Difficulty is sometimes encountered in conducting the investigation since the basic authority is derived from 43 U.S.C. 1333 (e). This law, unlike 46 U.S.C. 239, does not include the power of subpoena and the Coast Guard is therefore unable to compel testimony. A number of severe casualties have been the subject of a marine board of investigation, a procedure requiring a formal "action" by the Commandant of the Coast Guard and by the National Transportation Safety Board. Many ol these Marine Boards have resulted in recommendations for new authority, or a change of emphasis or other remedial action on the part of the Coast Guard, the Department of Interior, other Federal agencies or by the National Offshore Operations Advisory Panel, an industry advisory group to the Coast Guard's Marine Safety Council. Several descriptive Marine Boards are attached to illustrate the extent of Coast Guard's involvement in casualties related to this industry's activities (en- closure 7), including: 1. Marine Board of Investigation; capuizing, SEDCO No. 8 Rig 22, Avondale, Louisiana, 10 August 1956, with loss of life; 2. Marine Board of Investigation; Drilling Barge Mr. K, capsizing of 17 April 1957, in the Gulf of Mexico, with loss of life; 3. Marine Board of Investigation; explosion and fire on board Offshore Plat- form South Timbalier Block 134-D1, Gulf of Mexico, 26 July 1959, with loss of life; 4. Marine Board of Investigation; Continental Oil Rig 43-A; explosion and fire with no loss of life, Gulf of Mexico, 24 October 1967; 5. Marine Board of Investigation; Drilling Rig Dixilyn 8, Julie Ann capsizing and sinking in Gulf of Mexico, 13 March 1958; and 6. Marine Board of Investigation; Explosion and fire on the Chambers and Kennedy Offshore Platform, Block 189-L and fire on M/V Carryback in Gulf of Mexico, 28 May 1970. 5. "What quantitative information is available about the total costs of past mishaps on the OCS, including oil and gas lost, private and government cleanup costs, los.s of fish and wildlife, damage to tourism, reduced property values, and administrative costs ?" PAGENO="0042" 1360 Information concern dollar damages of OCS mishaps which were reported to the Coast Guard is included in the answer to question J-2 6. "What contingency plans and cooperative arrangements have been effected by industry regarding accidents in off$hore oil and gas opcration'~ ~ How would these affected response time total cost and environmental ~mpa t ~ Are further measures desirable or required ?" The National Oil and Hazardous Substances Pollution Contingency Plan is the basic guide for coordinated efforts in cleaning up oil spills. In addition,, each of the standard Presidential regions has a regional contingency plan. The Na- tional Contingency Plan and regional plans for the Fourth and Sixth Coastal Regions are available if desired by the Committee. The past year has brought forth a manifest increase in the Coast Guard's ability to respond effectively to pollution incidents Whenever oil is discharged on the navigable waters of the United States or adjoining shorelines the Presi dent is authorized to remove or to arrange for the removal of this oil unless it is determined that the removal will be performed properly by the polluter The FWPCA also authorizes such action in the "contiguous zone established or to be established by the United States While as noted elsewhere the need for execu tive or legislative action to clearly enunciate a contiguous zone for purposes of the FWPCA is under study as it might affect the imposition of fines and penal ties and effecting recovery of removal costs the toast Guard plans to take re moval action in the contiguous zone at any time that circumstances warrant. The Coast Guaid under the provisions of the National Contingency Plan pro vides an on scene coordinator to coordinate the government s response in the event that pollutants such as oil or hazardous substances are discharged in or threaten waters of the coastal area. Under existing law the Coast Guard is the Federal agency to be notified when there has been an oil discharge into the navigable waters of the United States adjoining shorelines and waters of the contiguous zone. To facilitate this re- quirement the Coast Guard recently inaugurated a National Response Center in Washington which receives discharge reports and provides assistance to on- scene coordinators by providing technical advice and information to clean up discharges. In addition, a strike force has been set up which i's capable of re- spondtag anywhere in the United States when a major discharge occurs. This force is composed of personnel specially trained and equipped for immediate re action including determination of source, removal operations, and coordination of disparate forces, both organized and volunteer. In order to respond rapidly and effectively in areas where local equipment and resources are not available, the Coast Guard has stockpiled, off-the-shelf equipment in selected areas of the nation. Also, equipment such as booms, barriers, and chemicals to reduce the spread of pollutants have been distributed to a number of ports around the nation. A significant advance in combating certain particular types of oil pollution incidents will be the Air-Deliverable Anti-Pollution System (ADAPTS) which is designed to be dropped by parachute at th.e scene of a stricken tanker or other vessel and used to offload and temporarily store oil and other potential pollutants before they are discharged into the water. This system consists of high-capacity pumps, transfer hoses, rubberized nylon storage bags, and other related equip~ ment, all packaged for on-site delivery by Coast Guard aircraft. Testing of a prototype of this system has been completed, and the results appear promising. Procurement has been initiated and the system should be operational by mid- 1973. In addition to ADAPTS, other efforts are being undertaken to develop a means Of preventing the spread of oil discharged into our~ waters. Containing dis- charged oil is a necessary first step in removing it and in limiting the area pol luted. Up to the present time there has been no effective means of preventing the spread of oil discharged on open-water areas. However, a prototype open-water oil slick containment boom recently has been developed and tested that has significantly improved capability for withstanding the forces of the open sea. This barrier can be packaged compactly for ship and air delivery. If the re- sults `of the tests are successful, we plan to locate these new oil slick contain- ment booms at major port areas in the near future. So far the results of tests performed on this system are encouraging. During the coming year, the Coast Guard will also be working on the devel- opment of improved recovery devices for discharged oil Several concepts are PAGENO="0043" 1361 being evaluated, including, but not limited to weirs, rotating discs, vortex de- vices and the use of hydrophobic-oleophilic materials which preferentially pick up oil. In addition to these developmental efforts commercially available equip- ment for deployment at various Coast Guard units nationwide is being eval- uated. Procurement of this equipment is planned in the near future and will provide a removal capability for minor and medium oil discharges. 7. "What additional geological, biological, engineering or other information is necessary with regard to improving the environmental safety aspects of off- shore oil and gas operations? Is there research that ought to be completed before any further offshore leasing? Ave there special instances or areas in which leas- ing should be postponed pending completion of further studies? What time effort and costs would be involved in this research?" The Coast Guard has significantly increased its level of surveillance and its ability to detect pollutants in the water. Major research and development efforts to further improve future detection capability have been undertaken. In the past year, the number of offshore air patrols were increased in the areas of highest discharge potential. This expands the likelihood of detecting violators which in turn serves to deter potential violations. Development of an improved air- borne, all weather sensor to detect, identify and measure the thickness of various types of oil and to map the extent of oil discharges was initiated in 1971. Field tests and evaluation of a prototype system will be conducted in 1972. In addi~ tion to developing a positive method of identifying discharges, it is hoped that this system will be reliable enough to facilitate collection of evidence suitable for the enforcement process. The Coast Guard is presently developing a system to measure the state of the coastal waters in terms of their physics, chemistry, and dynamics. Once an initial baseline is established, further monitoring of these waters gives an indication of the degree to which the environmental quality is being degraded or enhanced. During the coming year the Coast Guard's ongoing research program into the origin, identification and magnitude of oily residue in the marine environment will be expanded both geographically and in technical scope. Improved detection and measurement procedures for marine oil pollution studies are being developed. Baselines and trend indications will be established shortly for major oil ports, their related coastal confluence areas, key beach areas, and important high sea traffic lanes. Special attention will be paid to ascertining the effect of prevailing winds and currents on fluctuations in the oily residue load existing in beaches and harbors. Similar attention will be given to determining the rate at which these oily wastes degrade and disappear from the marine enivronment. Assessment of offshore oil pollution is already being accomplished by towing nets for floating tar balls from Coast Guard operated ocean station vessels, while a prototype "oil-on-the~beach" study is nearing completion near Miami, Florida. These on-going research programs do not of themselves appear to us to be a basis to delay completion of further offshore leasing. 8. "What is the state of scientific knowledge on the effect of oil spills on fish and wildlife and the marine environment? What is the level of Federal funding for research and development in this area? Are there research opportunities which are not being pursued for lack of funding?" The high costs associated with the monitoring of natural systems have seriously restricted the knowledge avaliable relative to the effect of toxicity of oil spills on fish and wildlife in the marine environment. The necessity for detailed and proper sampling procedures in a sound scientific program together with the time consuming procedures necessary to acquire an analysis that is statistically valid combine to contribute to the costliness of the studies. In fiscal 1972, the Coast Guard is spending approximately $75,000 on efforts allied with the biological effects of oil discharges. These monies must compete with other high priority ongoing programs within the limited R&D monies avail- able to the Coast Guard. To the best of our knowledge there are no scientific rapid response teams available to study the effects of a spill within a few hours after its occurrence. It is during this initial time period that the bulk of the biological and physical damage is believed to occur. The establishment of such a standby scien- tific response capability is a research opportunity which cannot be pursued with- out funding. The Coast Guard hopes to be able to field a response team using FY 1973 funds by September 1972. In the absence of staffing resources for a stroiig biological emphasis, we will concentrate our studies in the areas of the mechanics of the spill itself. PAGENO="0044" 1362 (I'"., ~ ~ T.*N /~I~ ~ Portion of' C&OS Nautical Chart )1i6 ShowinG Ghippin~ Saf'ety Fairways in Gulf of Mexico 31 51 31 4 31 4 41., 4.1 41 31 ~ 4141 .. ~21 31 31 41 41 e.fr sl Continental Shelf Safety 31 ~ 1 31 sZ 51 51 ~ 1 51 ~ - RI 61 .". ~ ~ . - ~$,4fI?FY ANAOH..P'(,64 ~ SI *~aL~ A. 71 al 71 ~ 71 71 ~p~~sV *~J SlAV 171 ~VV/~~ `SI 71 31 (`.&`, a 71 6.1 S 6Jl..~VpI ~~ Char, `~` 7l / 7 .4; .i~:.6. .. ~7 14' SHIPPING SAFETY FAIRWAYS *1SHIPPINO SAFETY FAIRWAYS, SHOWN ev SOLID MAGENTA LINES ESTARLISHED FROM 6CORPS ~R ENGINEERS COORDINATE POSI- 110145, ARC AREAS WHEREIN THE DEPART- 7IMENT O~ ARMY HAS GRANTED NO PERMITS FOR STRUCTURES PURSUANT 10 33 U.S.C. * 403 AND 43 U.S.C. 1333(F), NOR DOES * IT EXPECT TO DO SO. THIS RESERVATION ,IS SURJECT TO MODIFICATION RUT ONLY AFTER DUE IIOTIYICATION AND CONSIDER- ATION OF THE VIEWS OF INTERESTED PARTIES, AND ADVANCE PURLICATION OF ANY ADVERSE DETERMINATION. CAUTION SHOULD BE EXERCISED WHEN APPROACHING OR NAVIGATING THESE FAIRWAYS. FAIRWAY ANCHORAGES DRILLING STRUCTURES MAY EXIST IN THESE AREAS. NOT MORE THAN FOUR STRUCTURES WILL RE ALLOWED IN AN ANCHORAGE AREA AT ANYTIME. * IS 12 12 IX `V $IN. ~4I3 ~ c ~ RI ~ ~ ~ 4)~ SI 7$ 71 ` 6 $41 S N - /2?~'.') $ ~ 71 71 `S N * RSGR 0 I~ I I 10 71 `Ac; 12 12 is 3 IH 14 ~6 Enclosure N,. 13 $3 ~ 2 12 II 0$ 14 13 4 `4 14 13 13 ~~~I1314I IS PAGENO="0045" 1363 10. Artificial Islands and Piceed structures used In conjunction with Resource Ea'pioitation. Detailed regulations regarding the marking of artificial islands and fixed structures, which are eretted on the outer Continental Shelf or in the navigable waters of the United States for the purpose of exploring for, de- veloping, removing, and transporting resources from the seabed and subsoil, are contained in 33 CFR 67. These regulations, in general, apply to offshore oil, gas, and sulphur drilling operations. In most instances islands and structures are erected under the authority of a Bureau of Land Management lease or a Corps of Engineers permit or both. Where such a lease or permit has been issued there is no question that the Coast Guard's authority under the Outer Continental Shelf Lands Act to require marking in accordance with its regulations comes into force. However, even if there is no lease or permit, e.g., where an exploratory operation is being conducted for which a Corps of Engineers permit is pending, the Coast Guard marking requirements apply shoreward of the 200 meter (ap- proximately 100 fathom) depth curve (Isobath). All cases involving islands and structures deployed seaward of this depth curve should be forwarded to Com- mandant (L) for resolution. 11. Underwater Completions. District commanders may require that under- water drilling completions and similar submerged structures that pretrude above the sea bottom on the outer Continental Shelf or in the navigable waters of the United States be marked as follows: (a) Clearance less than 85 feet. Underwater completions with 85 feet or less of water over them must be suitably marked for protection of navigation. This would normally be done with lateral system buoys. (b) Clearance between 85 and 200 feet. Underwater completions which termi- nate between 85 and 200 feet beneath the surface of the sea must be suitably marked for the protection of property in situations where they present a hazard to fishing nets or other fishing gear. When capped with a suitable bonnet type arrangement they will be considered not to present a hazard to property. Re- quired marking would normally be orange and white special purpose buoys. (c) Clearance over 200 feet. No markings will be required for submerged struc- tures having more than 200 feet of water over them. MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENTS OF THE INTERIOR AND TRANSPORTATION CONCERNING RESPECTIVE RESPONSIBILITIES UNDER THE NA- TIONAL OiL AND HAzARDoUs SUBSTANCES POLLUTION CONTINGENCY PLAN In order to assure the most efficient use of resources under the National Oil and Hazardous Substances Pollution Contingency Plan, the Secretaries of the Departments of the Interior and Transportation agree that the following pro- visions shall be observed by the agencies of the two Departments in the exer- cise of their authority and the discharge of their responsibilities under the Con- tingency Plan. 1. The U.S. Geological Survey has the expertise and capability for coordination and direction in respect to measures to abate the source of pollution when the source is an oil, gas, or sulfur well. 2. The U.S. Coast Guard has the expertise and capability for coordination and direction in respect to measures to contain and remove pollutants. 3. With respect to spills originating from operations conducted under the Outer Continental Shelf Lands Act of 1953, the U.S. Coast Guard shall furnish or provide for the On Scene Coordinator (OSC) with authority and responsibilities as provided by the National Contingency Plan subject to the following qualifica- tions: (a) The authorized representative of the U.S. Geological Survey on the scene shall have the exclusive authority with respect to coordination and direction of measures to abate the source of pollution. (b) The authorized representative of the U.S. Geological Survey on the scene shall make the determination, which shall be binding upon the On Scene Coordi- nator, that pollution control activities within a 500 meter radius of the source of pollution should be suspended to facilitate measures to abate the source of pollution. (c) The authorized representative of the U.S. Geological Survey on the scene shall make the determinations necessary under Section 250.43 of Title 30 of the Code of Federal Regulations, which shall be binding upon the On Scene Coordinator. PAGENO="0046" 1364 (ci) In regard to those matters arising under Section 1334 et seq of Title 43 of the U S Code and the regulations and Outer Continental Shelf Orders issued thereunder the On Scene Coordinator shall communicate with the lessee through the authorized representative of the U S Geological Survey on scene (e) The On Scene Coordinator and the authorized representative of the U S Geological Survey on scene shall maintain close liaison in all matters. 4 With respect to spills oiiginating from operations conducted under the Sub merged tands Act of 1953 or in internal waters of the United States the U S Geological Survey, upon request of the U.S. Coast Guard, will furnish expertise, guidance, and such other assistance as may be appropriate in respect to meas- ures to abate the source of pollution when the source is an oil gas or sulfur well 5 This memorandum of understanding shall be reviewed annually and shall continue in force pntil it shall be amended or terminated by mutual agreement Done this Sixteenth day of August 1971 at the City of Washington D C For the Department of the Interior WILLIAM T PECORA Under Secreta7 y of Interior For the Department of Transportation: JAMES M. BEGOS, Under t~ecretary of Transportation INTER-GovERNMENTAL MARITIME CONSULTATIVE ORGANIzATIoN, MARITIME SAFETY COMMITTEE, February 27, 1967. SAFETY ASPECTS OF OFFSHORE INSTALLATIONS IN THE GULF OF MEXICO NOTE BY THE GO~ ERNMENT OF THE UNITED STATES The exploration for and mining of mineral resources principally petroleum gas and sulphur, beneath the sea bed has reached its greatest point of develop- ment in the bays, sounds and continental shelf off the coasts of Louisiana and Texas in the Gulf of Mexico. Inasmuch as extensive petroleum and gas deposits, particularly in the State of Louisiana lay under swamps and marshlands, the technological advances necessary to explore and exploit these deposits, which entailed the shift from a terrene to a marine type of operation, took place in this region quite early. The richness of these deposits resulted in a prolifera- tion of marine installations and the gradual extension of these operations into deeper and deeper waters followed the discovery of extensive petroleum and gas fields at ever incr~'tsing distances from the coast As is not uncommon the technological advances have proceeded at a more rapid rate than that of the abilities of the various cognizant governmental and private agencies to recognize and deal with them The growth of this specialized industry has been such as to necessitate ad hoc and interim safety measures and these temporary measures have, to some extent, become the permanent provisions. It is the purpose of this paper to present the extant measures which the United States employs in the area of safety regulation of these offshore installations and to suggest as well lines of thought regarding improvements which our ex- perience has indicated may be necessary. At the outset there is a terminology or descriptive phrase problem which is not susceptible of easy solution The Continental Shelf Convention employs the phrase installations and other devices for the exploration and exploitation etc etc.". This phrase is rather cumbersome. The term "drilling rig" is too restrictive since in truth it refers only to the hole factory without connoting the devices subsequently employed in the production stages The industry itself has not settled on a generic term The word template which has reference to a portion of a fixed structure is commonly used in the industry but it is clearly inappro priate to the floating submersible and self elevating devices Equally the term "offshore structures" does not really fit the bill since it does not comprehend ves- sels. "Artificial island" has connotations which can be inappropriate as well. The concept of employing an acronym is appealing, but in the English language at least, varying combinations of appropriately descriptive words seems to be mainly unpronounceable or have little esthetic appeal. It might be that a generic term, or possibly an acroym exists in another language. The use of the Japanese word "tsunami" in lieu of the inaccurate term "tidal wave" comes to mind, with the PAGENO="0047" 1365 caveat, however, that "tsunami" in Japanese means tidal wave. For want of a better term the word "platform" will be used in this paper with the understand- ing that it herein connotes the entire galaxy of devices employed offshore with the exception of theservice or logistics vessels. The field of safety regulation can be conveniently divided into two broad cate- gories: Internal or intrinsic safety m~asures, and extrinsic or external measures. The latter will be dealt with first. S Extrinsic safety measures are those measures t~tken to protect marine and aerial traffic from the platforms, and conversely. They are all based upon the concept that if marine and aerial traffic can be appraised of the existence and location of a platform, in sufficient time, the traffic can, by changing course or altitude, avoid collision with the platform. In the Gulf of Mexico, the first provisions that were taken in this regard have remained essentially unchanged. These provisions consisted of the display of a light and the sounding of a fog horn. It is generally considered that in daylight with reasonably good visibility, the platform itself provides the best signal indicating its existence. With regard to the smaller platforms, particularly those located remotely from the larger complexes of platforms, and in consideration of the enormous vessels now being built, with their reduced maneuvering capabilities, it may be necessary to con- sider the use of fluorescent materials on these platforms to increase their con- spicuity or visual range. While in the United States these materials are presently being employed in our public system of aids to navigation, we have not yet found the need to prescribe such measures for the platforms. With regard to night-time and conditions of reduced visability, reliance is placed, of course, on lights and audible signals, and a lesser extent, retro- reflective material. In view of the very large number of platforms involved, over seven thousand, the fact that many are portions of a complex of structures in close physical proximity and their geographic relationship to marine traffic patterns, the United States has established differing signal requirements which depend upon the applicability of these factors. In general, the platforms have been divided into three categories based upon geographic locations, and termed, quite arbitrarily "A", "B", and "C" class. The class C platform is one located along the coast in less than two fathoms of water and within bays and sounds. Class C platforms display one or more white or red quick flashing lights visible at a distance of at least one nautical mile at Jeast 90 per cent of the nights of the year. Audible signals are required only if the platform is adjacent to a navigation channel or fairway. The Class B plat- form is one located in a depth of water between two and five fathoms. This platform displays a white light or light visible at a distance of at least three nautical miles. Additionally the platform must sound a fog signal having an audible range, under certain prescribed conditions, of not less than one half of a nautical mile. The class A platform displays a white light or lights visible at a distance of at least five nautical miles, and sounds a fog signal with an audible range under certain prescribed conditions of at least two nautical miles. Since it is recognized that this general classification into three zones does not necessarily fit all situations, there is provision in our regulations to permit or require, as the case may be, signals of a different class than the geographic conditions alone would dictate. Thus, in the case of a platform located in the class C zone but adjacent to a heavily travelled naviagtion route, the higher requirements of a class B or possibly class A platform would be imposed. The zone classification concept has been employed in the Gulf of Mexico. On the west coast of the United States no zones have been established as yet and each platform is considered on an individual basis. The physical dimensions of a platform govern the number and arrangement of the lights with a basic view toward providing the mariner with the unob- structed sight of at least one light, regardless of the angle of approach until he is within fifty feet of the platform. Satellite structures such as pilings or flare templates when located within 100 yards of the platforms needs only be marked. with retro-refiective material. The presumption made with regard to these satellite structures is that any mariner having need to proceed that closely to the platform would in all prudence be using a searchlight. Additionally, where there are large complexes of platforms, in such proximity as to preclude ordinary marine traffic from entering the complex, perimeter light- ing is allowed. Similarly where one fog signal will provide adequate protection for two or more platforms because of their proximity, that is all that is required. PAGENO="0048" 1366 The characteristic of the lights as quick flashing was an interim measure taken during the infancy of the offshore industry, and the rapidity of proliferation of the structures employing this characteristic precluded the change to another char- acteristic without the imposition of an economic hardsl ip upon the industry. The International Association of Lighthouse Authorities h~ s recommended a charac- teristic of a two short one long sequence which is the Morse code letter U. This signifies the mariner that he is standing into danger With the wisdom of hindsight, it could be considered that this characteristic should have ~ been established at the outset However to change all of the existing lights in the Gulf of Mexico off the coast of the United States would cost well in excess of a million dollars. The rapid conversion of the flashing mechanism from a me- chanical time to a solid state electronic device makes the change to a new char acteristic even more expensive. The present equipment cost in the United States of one of these solid state flashers is slightly in excess of $300. We are con- cerned with more than seven thousand platforms, almost half of which are now equipped with the new flashing mechanism. Thus, to the United States the question of what is the best signal characteristic has a very strong economic overtone, and the matter of funding such a change is quite serious. The same problem, to a lesser extent, of course, presents itself with regard to the changing of the characteristic of the audible signals. Another factor which has become of increasing magnitude is that of the effect of background lighting upon `the conspicuity of a signal light. This problem is no't limited to the platforms alone. It exists with regard to our public system of aids to navigation in every harbour While we do not have the neon sign infilerating our continental shelf as yet, the number of platforms alone in certain areas is such that the distinguishing of a particular light from the other obstruction lights is difficult. Compounding the situation is the number of work lights gas flares and other miscellaneous light sources which exist in profusion. Again, had we the job to do over again with the benefit of the experience we have gained, consideration would probably have been given to lights of greater conspicuity. The matter of background noise with regard to the audibility of the fog horns has been given intensive study. The broad conclusion is that large vessels have a low background noise level and that small vessels ha~ e a quite high level But the greater maneuverability of the smaller vessels reduces the critical audibility range Our casualty experience in the area indicates that the present audibility levels are adequate. These are the basic extrinsic safety measures that the United States has under- taken directly involving the platforms themselves As you know the Continental Shelf Convention has a provision for the establishment of safety zones Phe United States has pre existing enabling legislation for this provision but we have not established any such zones as yet. From the viewpoint of the collision hazard, the safety zone concept does not seem to add a great deal in our view If the mariner cannot or does not see the platform itself, it is most unlikely that he would become aware of the safety zone. Of course it is recognized that the safety zone as a prohibited area into which vessels `could not go may be employed to reduce certain other hazards. One thtit comes to mind is the accidental ignition of explosive fumes surrounding the plat- form by an intruding vessel in some manner. Our experience to date has been that this is not a problem, and the industry has not pressed the government for the establishment of such zones. The safety zone, to have legal effect must be published and described in our public regulations and in all probability should be charted as well Faced with seven or more thousand possible safety zones and the description publication and charting problems involved we prefer alterna two solutions if possible The lights and fog signals prescribed for the platforms on the continental shelf of the United States have been described. However, there is a difficulty which in our view must be settled at the international level. The difficulty lies with those platforms which are, in truth, vessels. Some* of these mobile platforms are ships in every sense of the word, simply having a drilling rig as an added piece of equipment. The display of the lights and sounding of the signals prescribed by the International Rules of the Road with regard to this class of platform may not raise any serious difficulties. But when a huge triangular column stabilized floating platform is considered, the situation becomes somewhat ludicrous. The International Rules of the Road do not in our view make provision for the platform which to the passing mariner appears substantially identical to a fixed platform, and yet is in fact, a vessel of sort. The owners of these platforms PAGENO="0049" 1367 should not be placed in the unhappy position of having to hazard a guess as to whether to display the obstruction lights of a fixed structure or those of a vessel at anchor or engaged in underwater construction with the distinct possibility that an admiralty court might decide to the contrary. As a general rule, the con- spicuity of the lights prescribed for the fixed platforms is greater than those prescribed by the Rules of the Road. The fog signal provisions of the Interna- tional Rules for large vessels, at anchor, i.e. a bell in the forepart and a gong in the afterpart are particularly inappropriate to a structure that is essentially equilateral. The Convention on the Continental Shelf is concerned, inter alia, with the matter of giving the mariner due notice of the existence and location of the platforms. The United States has, for a number of years, published notices to mariners so doing. In view of the great number of platforms, in the Gulf of Mexico, we have published a special notice. Each structure is identified by name, owner, and location. From a realistic point of view, it is well nigh impossible for the mariner to undertake the plotting of all these platforms upon the charts. Indeed, there are no official charts in existence which show all of the platforms. To be navigationally useful, the charts would have to be on a very large scale and would have to be reprinted at very frequent intervals. With the increasing employment of the mobile platform, drilling locations are occupied by visible structures for a relatively short period of time, and there is a very real prob- lem in keeping up with the changes in location. Attempting to provide up to date information on this subject `and making it available to mariners coming from all parts of the world is a staggering problem. Accordingly, the United States has taken a differing approach to the solu- tion of the notification problem in the Gulf. We have established a system of fairways leading to all of the principal American ports in the Gulf of Mexico. These fairways should not be confused with sealanes, which have been devel- oped for another reason. Briefly, a s~alane in terms of recent developments Is a one way routing for Seagoing vessels. Sealanes thus appear in pairs with an intervening neutral ground. A fairway, as employed ni the Gulf, consists of a lane two miles in width in which the erection of platforms is prohibited. These fairways are published in our Code of Federal Regulations and are being printed on the series of charts covering the Gulf. The first of the series was published a year ago and by the end of this year most, if not all of the issues will have been completed. Thus the mariner need only stay within the fairways to avoid any difficulties with the platforms. Our present problem is ~imply one of pub- licity. It will take time to fully apprise the maritime public of the existence and usefulness of these fairways. They impose no legal requirement upon the mariner to follow these fairways-he can go where he wants. But they do pro- vide an assuredly safe means of traversing the continental shelf which is so liberally studded with platforms. We feel that It is the best solution to the problem of notice. We also feel that the earlier that this step is taken in other geographic locations, the fewer conflects will arise. To extend a fairway through a producing oil field and require as a concomitant thereof the removal of some of the platforms is not only expensive, but is con- trary to a number of public and private interests. The right to drill and produce has been purchased at considerable cost, and substantial revenues from the pro- duction are gained by the Government. There can be no uncertainty regarding the tenure of a production lease or the right to the continued existence of a production platform without serious and adverse impact, in particular upon fu- ture operations. Accordingly, removal of an existing platform is unacceptable. An alternative is to have the fairway dog leg around existing structures. This is unsatisfactory since it complicates unnecessarily the employment of certain aids to navigation, such as radio beacons, where a straight line of approach is preferable. The establishment of fairways before the arrival of the platforms avoids many headaches. We have observed that the charts published by other nations for the Gulf of Mexico do not present a true picture of the number of platforms on the con- tinental shelf. We strongly recommend that all agencies publishing such charts depict the fairways on them. The state of the technical art has reached the point where after a well Is drilled, it may be "cut off" near the sea bottom or mudline. Whether the well is to be placed in production or held in reserve, the well head is provided with a small structure extending about ten to twenty feet above the sea bottom. The size and height of this structure may vary somewhat and there is no good 77-463 0 - 72 - pt. 3 - 4 PAGENO="0050" 1368 prediction as to what this submarine platform will be like even a few years hence. There are about a hundred such installations in existence in the Gulf at present. Already radioactive isotopic thermal electric power generating devices are being employed experimentally to provide power to turn valves when signalled from the surface. A grouping of these underwater completions may surround one central collecting platform which extends to the surface being interconnected with pipelines. Thus a novel problem is presented. While we have heretofore considered the platform itself as providing the best daymark and radar target for aids to navigation purposes, this is not true with the subsurface structure. Compound- ing the problem is the present vessel construction trend which is moving toward greater and greater drafts. On a shallow continental shelf, the possibility of a subsurface structure constituting a hazard to surface traffic is an increasing one. The obvious method of marking the underwater completion or cutoff is by means of a buoy. The buoy, however, must be an effective signal yet of a prac- tical size compatible with the tender vessels and equipment that the maintainer could reasonably be expected to have for setting and maintaining the aid. Whether or not these subsurface platforms will proliferate to the extent that a distinc- tive buoy peculiar to this man-made obstruction would be desirable can only be conjectured. Our experience in other areas of the offshore industry would in- dicate that the growth will probably exceed present predictions. But again, the employment of the fairways-and these underwater compe~ titions are not permitted in the fairways~-should keep the problem within reasonable bounds. Although the fairways have a legal existence and are marked on the charts, we recognize that ultimately a system of aids to navigation delineating them will have to be given serious consideration. Thus we are faced with the technical difficulties of establishing and maintaining accurately positioned aids to navi- gation in great depths of water, possibly to depths of one hundred fathoms. Our technical staffs are presently wrestling with these concepts. As yet, we have had no particular problems involving aircraft and the plat- forms and have had to take no special measures with regard thereto. The ubi- quitous helicopter is the universal means of aerial transportation to and from the platforms, and the large number of civilian aircraft so engaged forms a very useful and much used part of the search and rescue forces deployed to render assistance, not only to persons on the platforms but to the passing parade of marine traffic as well. In acjdition to a complex communications network of high frequency radio equipment connecting the platforms with shoreside administrative control sta- tions, a telephone cable system is being installed off the Louisiana coast. Inas. much as the Gulf of Mexico is one of the regions in the world having the highest electronic noise to signal ratio, this telephone system will improve communica- tions reliability, and as a happy side effect provide for better search and rescue communications capabilities. The next topic is that of internal or intrinsic safety measures. In the Gulf of Mexico the most serious danger is that of the hurricane and its attendant danger to life and equipment. The major safety measures presently being taken are those of removal of floating equipment and evacuation of personnel. Inasmuch as this is an expensive undertaking, very detailed meteorological studies are maintained employing both governmental and private sources to assure that shutting down and evacuation steps are taken far enough in advance to be ef- fective and yet only when such measures are truly necessary. Insofar as protec. tion of life by these means are concerned, the programme has been quite suc- cessful. However the structural design of some of the platforms has been in~ sufficient to meet the severity of the storms actually experienced. The structural design of the platforms, particularly the fixed platforms, has not been the subject of any governmental regulation. Self regulation by the industry has been satisfactory, and the enormous construction costs of the offshore platforms has in itself been of sufficient inducement to assure as good design practices as could be imposed by a governmental agency. It is one thing to set up a building code in a municipality which code is based, quite literally, on the thousands of years of experience that man has had with such work. But it is quite another thing altogether with regard to the off-shore copstruction work. The precedents are few and paltry, and many of the forces involved are neither well understood nor reduced to meaningful statistics. For example, solely at the election of the men on board a large column stabilized drilling structure, they PAGENO="0051" 1369 chose to ride out a severe hurricane in the Gulf of Mexico a year or so ago. The wave measurements that they took were appreciably greater than those mathematically predicted, which fact has given the industry considerable con- cern with regard to construction parameters. The next most serious problem is essentially one of attitude. The off-shore mineral mining industry is one that has been transported from a shoreside operation with as few concessions as possible being made to the essential dif- ferences imposed by the maritime location. Once the platform has been erected or floated onto location, and when all goes well, the drilling and production operations are quite similar to those of the shoreside operation. Absent the more vexing logistics problems a marine site entails, the similarities tend to breed a disregard of the hazards of the marine location. However, when casual- ties occur, the isolation of which the mariner is so well aware, serves to intensify and complicate the problems besetting the land oriented drilling personnel. The first aid resources at hand are, essentially, all that will be available, and there is no place to run to. At this juncture, a distinction must be made, first of all, between the fixed platforms and the mobile platforms, and with regard to the former category, those that are manned and those that are unmanned. Compounding the situation is the status of internal legislation in the United States. While the external or extrinsic safety measures are all subject to federal control, the internal safety measures are subject In the coastal regions to the individual states while the federal government controls those measures only on the so-called outer con- tinental shelf. The outer continental shelf is that portion of the continental shelf lying beyond territorial waters (except in the cases of Texas and the Gulf Coast of Florida where it is the area beyond three marine leagues from the coast). In practice little difficulty has come about as the result of this split in jurisdiction. The unmanned fixed platform represents the bulk of the offshore platforms. The federal regulations applicable provide for life preservers and ring buoys when crews are working on these platforms and an escape ladder or stairway. Each company has, of course, company safety measures which their employees who visit the unmanned platforms from time to time must obey. These measures have been quite satisfactory and the need for further governmental control has not been indicated. With regard to manned fixed platforms additional requirements are im- posed. Escape ladders or stairways, illuminated personnel landings, perimeter and stairway railings are prescribed as well as life floats or lifeboats, life pre- servers, ring buoys, medical first aid kits, Stokes litters and emergency com- munications equipment Additionally portable and semi-portable fire extin- guishers are specified for various locations on the platform such as sleeping accommodations, storerooms, engine, boiler and motor rooms, communicating corridors and communications centres. The owner of the platform must designate by title and in order of succession the persons on the platform who shall be the person in charge. The platform must be equipped with a general alarm system and a station bill detailing emergency stations and duties of the personnel are prescribed. Emergency drills are con- ducted monthly. An area that still needs work is that involved in the transfer of personnel to and from the platforms. This is usually done by a cargo net type of apparatus hoisted by a crane, or by personnel stepping from the launch to the landing platform with the aid of a manrope. This is a hazardous operation even for the nimble of foot. Industry and the government have been studying this problem for a number of years, but a truly satisfactory solution is still in the offing. As the offshore Industry has been in existence as an appreciable specialised portion of the mineral mining industry for about twenty years, there has been, of course, a considerable wealth of experience gained. But the work offshore is not only arduous, it is isolated, and the personnel turnover is considerable in spite of the financial inducements that are offered. Consequently the greater part of the specialized marine knowledge tends to become concentrated in the higher levels of operaiOns, and insofar as the personnel on the platform are concerned, the landsman's approach to a marine operation is a problem that will probably be with us for quite some time. Insofar as the mobile drilling platforms are concerned, the parallel with the conventional type of vessels is apparent, and yet the distinctions wrought by the difference in basic purpose are large and the safety measures which have PAGENO="0052" 1370 been accepted in the ordinary maritime fields are not quite appropriate in many instances. The self-propelled mobile drilling platform is indeed a ship in every sense of the word, and with the exception of the increased high weight due to the derrick, no unusual prohlems are presented. Our rules and regulations for cargo and miscellaneous vessels set forth in the Code of Federal Regulations can be readily applied. The non self-propelled mobile drilling platform presents a more difficult situation. The original of this species consisted of a drilling rig mounted on a barge. The variations on this theme have been quite diverse. Three generic variants are commonly recognized. One is the submersible or bottom sitter. This platform is towed to the drilling location and then through the flooding of compartments is lowered to the seabed. In the United States we have treated this type as a fixed structure. The second variant is essentially a sort of barge equipped with a number of movable legs. Through various types of mechanisms the legs are lowered to the seafloor and then the barge body is itself elevated above the surface to clear the waves. `rhis self-elevating or jack-up rig exists in greater numbers than any other type. Again for the purposes of safety regula- tions, we treat the self elevating platform as a fixed structure. The third category is the semi-submersible or column stabilized platform. This type operates from a floating position. Greater stability is achieved through partial submergence and sometimes the distinction between a semi-submersible and submersible platform is more a matter of degree inasmuch as some plat- forms can operate in either mode. Of the three varieties of mobile platform, the jack-up platform has suffered the most casualties. The bulk of these casualties have occurred while the plat- form was settling upon or lifting off of a drilling site. The assurance of adequate stability during these operations concern not only the naval architect, but the structural and the civil engineer as well. The failure of the seabottom bearing surface to support one or more legs appears to be a matter of serious concern. To a much lesser extent, structural or jacking mechanism failures have contrib- uted to the number of casualties. Very close attention must be paid to the stability during elevating and lowering procedures, and a high degree of co-ordinating of the operation is essential. The rules and regulations for cargo and miscellaneous vessel are applied to these floating platforms but with considerable latitude. For example, there are no drydocks large enough to contain these huge column stabilized platforms. The current method of simulating drydocking is to reduce the draft to a minimum during ideal weather conditions and inspect the hull, inside and out to the maxi- mum feasible extent. In certain instances the use of divers is advisable. Equally, it is virtually impossible to obtain a good inclining test. The calculated stability combined with the deadweight survey had proven satisfactory in most cases. Stability information is provided by the owner and is approved by the cognizant government agency. The information is required to be available to the operating personnel on the platform. This includes any information on operating condi- tions which might hazard the unit. Ballasting instructions are reviewed and approved by the cognizant government agency and recommended ballasting and deballasting schedules are included in the Trim and Stability Booklet. With regard to both the submersible and the semi-submersible platforms the transitional period, in the case of the former from a positive buoyancy condi- tion to a negative buoyancy condition, and in the case of the latter, from the shallow draft to the deep draft attitude, is a critical time and close attention must be said to the ballasting sequences. We have no specific subdivision or stability requirements as such for the semi-submersible platform. However, during the review of the arrangements, the location of watertight boundaries and watertight enclosures are examined with the view of minimizing downfiooding from the geyser during a possible blowout. Those units with their working platforms near the water's surface are particularly susceptible to this problem. Ballasting and dewatering equipment such as pumps and valves are usually remotely operated, but provision must be made to permit access to this equipment should the control system fail. A qualified man-in-charge, a properly trained crew, and proper equipment, including a central control station must be provided. A most necessary ancillary is a station bill. The close parallelling of the conventional shipboard organization with its clearly defined duties and lines of responsibility is most important on the floating platform. PAGENO="0053" 1371 In view of the great potential hazardS of an explosive gaseous condition, the electrical installation mustbe designed to permit the complete shut-down from a central location. We require explosion proof equipment within fifty feet of the drilling welihead. Access or ventilation openings should be remote from the wellhead to preclude direct intake of gas. The structural fire protection re- quirements of the cargo vessel are applied to the floating platform. While a fire-fighting water supply is readily available when the main body of the platform remains afloat, this is not so where the working platform may be fifty to eighty feet above the water. Our present requirement is for a water tank at this level with a prescribed minimum supply as well as a reliable replenishing pump. As in the case of the fixed platforms, the matter of evacuation of personnel from heights upward of fifty feet require descent ladders so located as to afford maximum protection against a possible surface fire in the drilling slot. We have imposed requirements upon the floating platforms in excess of those imposed on the fixed platforms because of the susceptibility of the former to sink. Thus the design of the helicopter landing platforms is reviewed to ascertain that not only will the largest landing loads be adequately supported, but that the con- struction and location will be such that a crash landing will least endanger the floating platform or its personnel. Additional fire-fighting protection is pre- scribed, particularly if helicopter fueling cal)abilities are incorporated into the design. The assurance of adequate safety measures, intrinsic and extrinsic, is a matter of great concern to both industry and government. We consider that the closest co-operation in this regard is essential. In the United States the Coast Guard is the federal agency having primary cognizance over maritime safety matters. The Coast Guard has established a Merchant Marine Council for the purpose of holding public hearings on proposed regulations as well as a forum for the interchange of ideas and information on topics related to various aspects of the marine industry. Advisory panels com- posed of representatives ofspecialized fields, such as the tanker trade for exam- ple, comprise a valuable adjunct to the Council. One of these panels is the Offshore Operations Advisory Panel which is concerned with matters relating to the plat- forms. Problem areas are discussed and solutions are put forth for consideration. In this manner safety measures are arrived at. In some cases, these are promul- gated in the form of federal regulations. In many more cases, they are established by the industry as self regulating provisions. Illustrative of the function of this organization is one case involving a casualty to a platform. This involved a catamaran type of floating drilling rig which experienced a gas blowout followed by a severe fire and the capsizing and sink- ing of the platform. The casualty was thoroughly investigated by the Coast Guard and the report thereof was referred to the advisory panel for review as to meas- ures which could be taken to preclude this sort of occurrejice. Such matters as the effect of a massive down flooding, the possible change in buoyancy due to the aera- tion or gasification of the water, and other items brought into focus by this casualty, have been taken under study by the industry representatives. Some rec- ommendations based on this study have already been made and acted upon. The manning of the platforms, the mobile platforms in particular, has been the topic of considerable study and discussion by this advisory panel. Different crews, with differing technical specialities, may man these platforms at various times. For example, a platform under tow may have a minimal crew comprising person- nel tending to the seamanship end of the business, as well as technicians making the platform ready to settle upon the drilling site. Upon arrival at the site, the crew Is augmented to engage in the submergence or jacking-ui) operation~ Once established on site, the drilling crew takes over. From the safety viewpointL6ae~1 of these groupings of personnel must have the capabilities of dealing with emer- gency situations. Thus the manning problem is much more complex than that which exists on a. conventional vessel. Interim Industry wide standards were adopted several years ago, and these standards are presently under revision. A situation which has been causing us increasing concern is that of dealing with wrecks on the continental shelves. Hurricanes and severe storms take their toll of the platforms and distribute the wreckage over a wide area. The huge mobile platforms present a special problem. A column stabilized semi- submersible may be six hundred feet on a side and if sunk can constitute a menace to navigation in depths approaching the hundred fathom curve. The removal of a wreck of this size constitutes a massive undertaking and in many PAGENO="0054" 1372 instances may not be possible. The problem of locating such a wreck presents unique difficulties We have found that portions of these sunken structures are unstable and may rise near the surface for a period of time and then subside and even repeat this performance Wire dragging is thus inconclusive We are exploring sonic detection methods presently Marking of these obstructions by buoys in deeper water presents technical difficulties Quite obviously these wrecks present unusual legal problems as well This paper is by no means to be considered exhaustive There are many factors winch have been touched on but lightly The subject is too large to deal with effectively in one paper Safety matters relating to the vast number of support and auxiliary vessels involved in the offshore operations is a topic by itself Floating and submerged collection tanks are a new development Pipe lines are increasing in number and length They carry not only petroleum water and sulphur but gas under high pressure as well The inadvertent dropping of an anchor on a pipeline could rupture the line with serious consequences Pipe line problems such as this have not been treated by this paper but the omission falls into the same category as that of the logistics vessels in that it deserves separate consideration In conclusion we can only anticipate that the exploration and exploitation of the mineral resources of the continental shelves of the world will proceed at an accelerating rate and that it will take the full and combined efforts of governments and industry to keep up with the safety responsibilities regarding these platforms DAILY DISTRIBUTION OF TRAFFIC IN GULF OF MEXICO PRESENT AND FORECAST 1 Total Total Tankers Bulk Fishing Other synthe- 1980 over carriers vessels vessels sized Total forecast 100 GRT 100 GRT 100 GRT 100 GRT data 1972 (includes (1969) (1969) (1969) (1969) (1969)2 forecast TAPS) Straits of Florida 9 3 7 19 27 21 ~astern Gulf of Mexico 12 2 3 17 19 17 Western Gulf of Mexico 5 1 3 9 6 10 Mobile area 15 3 2 42 62 77 73 Entrance to Mississippi River 3 1 14 18 16 19 1 This table was prepared from information contained in A Study of Maritime Mobile Satellites Vol I Merchant Vessel Population/Distribution Present and Forecast Automated Marine International Newport Beach Calif 2 Includes all vessels over 100 GRE Enclosure (5). (Enclosure 6 and 7 were retained in the Committee files.) U S COAST GUARD May 22 1958 COMMANDANT S ACTION ON THE REPORT OF MARINE BOARD OF INVESTIGATION DRILLING BARGE MR K CAPSIZING OF 17 APRIL 1957 IN THE GULF OF MEXICO WITH Loss OF LIFE 1 Pursuant to the provisions of Title 46 CFR Part 136 the record of the Marme Board of Investigation convened to investigate subject casualty has been i eviewed 2 Nine lives were lost three persons injured and substantial property damage occurred when on the morning of 17 April 1957 while being towed the DRILL- ING BARGE MR K suddenly capsized in the Gulf of Mexico about li/2 mile ExN from the entrance to South Pass at the mouth of the Mississippi River 3 The Drilling Barge Mr It. official 1\umber 272256 owned and operated by the Golden Meadow Well Service Company New Orleans La was a manned uninspected steel slotted type mobile platform the hull 1026 g t length 164 breadth 54 depth 11 10 The elevated superstructure included living quarters machinery spaces and a helicopter deck and was fitted with a drilling derrick having a height when raised of 183 10 above the keel Ihe structure had been designed and built in 1956 by the Bethlehem Steel Company Beaumont lexas for oil drilling offshore in depths not exceeding 14 feet Ballast tanks within the hull of the barge enabled it to be sunk to the bottom within the 14 range and subsequently refloated for shiftiing to other locations PAGENO="0055" 1373 4. On 15 April this barge had been positioned near the entrance to South Pass in the Gulf of Mexico, resting upon a prepared foundation of shells. On 16 April adverse weather caused damage to the shell bed, necessitating the re- moval of the barge so that this foundation might be repaired. At 0700 on 17 April refloating was commenced; the ballast tanks were pumped, the spuds holding the barge in position were raised and shortly before 0900, on an even keel with drafts of 8 feet, towing began with the derrick in the raised position~ Because drilling had been prematurely discontinued there was on board a large quantity of heavy steel pipe and other supplies considerably In excess of that normally carried when under tow. An undetermined amount of water remained in the ballast tanks. The fresh water tanks were cross connected with sluicing valves open. At 0938, while proceeding at about 3 knots on a SSW course, wind SE to SSE 10 to 15 mph, with SE ground swells estimated at 3 feet, the barge suddenly began listing to port, and within 2 minutes capsized and floated bottom up. Of the 15 men aboard, 5 were reportedly asleep in their quarters when the accident occurred. 5. Although the derrick had been designed for lowering to a horizontal position, it had never been lowered while under tow, on at least four prior shiftings, Oper- ating personnel apparently were unaware of the hazards involved in the ballast- ing, deballasting and movement of this vessel, particularly with regard to sta- bility. The Board concluded that the instability resulted from the combined effect of the unusual topside weight of pipe and supplies, the raised position of the derrick, and the water in the ballast and fresh water tanks. The Board further concluded that the upsetting force was derived from the effect of the SE ground swells on the beam of the hull and the probable effect of the wind upon the upper portions of the derrick. 6. The Board recommended (a) the all mobile platforms located beyond the headlands but less than three miles offshore be made subject to the regulations promulgated for mobile platforms on the Outer Continental Shelf; (b) that these Regulations be amended to require the approval of plans, stability tests, and in- spection during construction; (c) that these platforms while under tow shall have the least possible number of persons aboard, not to exceed two; (d) that the lowering of such derricks be mandatory, and (e) that the submerging, re- floating and movement of these platforms, including preparation therefor, be only under the direct supervision of competent personnel having marine engineering experience and a practical knowledge of stability. REMARKS 7. Although there appears to have been a possibility that certain design features of this equipment may have created conditions contributory to the casualty, the fact that this rig had been moved on at least four previous occasions without accident strongly suggests the probability that the causative error was opera- tional. Plan approval and inspection during construction will not eliminate op- erational errors stemming from Inadequate knowledge of stability. It is recog- nized that these mobile platforms are unique in many respects; they are not vessels in the usual sense but the forces and moments affecting equilibrium are constantly present. Stability in this particular type of structure becomes critical when buoyancy is dissipated during the submerging operation and, similarly, foundational stability is lost as flotation is resumed. 8. The problems of safety associated with the operation of these off-shore drilling rigs have been under study by the industry, by various governmental agencies and by others. The equipment, of various types and with many different operating systems, must continue to be regarded as experimental to a great ex- tent. The optimum of safety is often thwarted by conditions necessarily present during any experimental stage. It follows logically that any regulations, safety codes or operational guidelines, to be effective, must be based upon a recognition of all the practical factors involved and the peculiarities of each individual rig. 9. With this in mind, and in view of our favorable experience with the en- couragement of industry self-regulation whenever it is consistent with the safety objectives being sought, the Panel of Advisors on Offshore Operations to the Commander 8th Coast Guard District was invited to consider and submit rec- ommendations for a comprehensive code of safe operating practices or other ef- fective means which would reduce the probability of similar accidents in the future. In response thereto a special committee representing the industry made a study of the problem and drafted a "Manual of Safe Operating Practices for PAGENO="0056" 1374 Offshore Mobile Drilling Platforms" which was distributed in the industry for ad- ditional study and comment. This proposes certain rules, minimum standards and recommended procedures applicable in general to all such platforms but taking into account the special features and characteristics of the individual rigs. It encompasses the determination of stability; the moving, raising, refloating and submerging of the rig; special hurricane procedure, etc., and includes the correlated subjects of manning, personnel qualification, supervision and re- sponsibilities, use of safety equipment, etc. 10. In view of the progress being made toward the development and industry wide acceptance of a program which will satisfy the requirement for safe con- trol over the movement and operation of these rigs, I find no need, at this time, for further action on the recommendations of the Board. Accordingly, subject to the foregoing remarks, the Findings of Fact, the Conclusions, and the Recom- mendations of this Marine Board of Investigation are APPROVED. A. C. RIcHMoND, Vice Admiral, U.S. Coast Guard, Commandant. REPORT OF MARINE BOARD OF INVESTIGATION, APRIL 22, 1957 Convened at New Orleans, La., to inquire into the circumstances surrounding the capsizing of mobile drilling rig, Drilling Barge Mr. K, in the Gulf of Mexico, near South Pass entrance, on 17 April 1957, with loss of life. FINDINGS OF FACT 1. On or about 0938, 17 April 1957, the mobile platform Drilling Barge Mr. K capsized in the Gulf of Mexico in approximate position 28°59.6' N, 89°07.3' W, while underway in tow of tugs Madeline and Itco II, with loss of nine (9) lives and injury to three (3) persons. This position is approximately 1.5 miles distant and 075° true bearing from East Jetty Light, South Pass. 2. Vessels involved: (a) Drilling Barge Mr. K, 0. N. 272256, an uninspected steel hull mobile plat- form of 1026 gross tons, 1026 net tons, dimensions 164'x54'xll'10", home port New Orleans, La., built at Beaumont, Texas, in 1956, owned and operated by Golden Meadow Well Service Company, Carondelet Building, New Orleans, La. The Drilling Barge Mr. K is a slotted type drill barge with elevated superstruc- ture. This barge was designed and built by Bethlehem Steel Company, Ship- building Division, Beaumont Yard, Beaumont, Texas, for use in water not ex- ceeding 14' depth. The barge hull was subdivided into four ballast tanks, two fresh water tanks, one fuel tank, on centerline forward of slot, three fresh water tanks in rakes, one fresh water well on centerline just aft of fuel tank, and one drain well, as shown on general arrangement plan, Exhibit 1. There was a pump deck extending full width and length of barge located 8' above the barge deck. The quarters and engine house were located on next deck up, which was 32'2" above keel, and on top of the quarters was a helioport at 46'8" above keel. This barge was fitted with a derrick for drilling, the drilling floor being aft of quarters and engine house and 40'lO" above the keel. The derrick when in the raised position extended 143' above the drilling floor or 183'lO" above the keel. The slotted end of hull is considered to be the stern. (b) Itco II, 0. N. 271737, uninspected steel hull twin screw 600 HP Diesel tug, 63' in length, 72 gross tons, 49 net tons, built at Lockport, Louisiana, in 1956, home port New Orleans, La., owned by Independent Towing Co., Inc., Harvey, La., and chartered by Otto Candies, Inc., Des Allemands, La. (c) Madeline, 0. N. 271021, uninspected steel hull twin screw 000 HP Diesel tug, 63' in length, 53 gross tons, 36 net tons, built at Houma, La., in 1956, home port New Orleans, La., owned by Franklin Towing Co., Inc., Des Allemands, La., and chartered by Otto Candies, Inc., Des Allemands, La. 3. Weather conditions-wind SE to SSE, 10-45 mph, visibility good, 3' ground swells. Small craft warnings hoisted 8:00 AM (CST) 16 April 1957 from Galves- ton, Texas, to Pensacola, Florida, for Southeasterly winds about 25 mph, except occasionally around 35 mph in thundershowers throughout the night. Small craft warnings were lowered at 8:00 AM (CST) on 17 April 1957. 4. On Monday, 15 April 1957, the Drilling Barge Mr. K was moored on loca- tion in Gulf of Mexico, near entrance to South Pass. Mississippi River, at lat. 29-00-20.0 N, long. 89-07-42.9 W, by lowering barge so that it sat on a shell PAGENO="0057" 1375 bed that had been built up at this `ocation. The barge was made fast with its spuds in approximately twelve feet of water. Preparations were begun to drill a well at this site for Humble Oil and Refining Company. On the morning of 16 April 1957 preparations for drilling were completed but the weather began making up (note-small craft storm warnings hoisted at 0800 16 April 1957. (Exhibit 32) and operations were stopped. The seas from the Southeast began washing away the shell bed foundation and Humble Oil and Refining Company ordered barge moved in order to rebuild the foundation. At Humble's orders the tugs Madeline and Itco II were to `tow barge to Joseph's Bayou. About 0700 Wed- nesday 17 April 1957 preparations were begun to float barge by pumping or "jet- ting out" the four ballast tanks in the hull of the barge. At some time prior to 0900 the barge was afloat and spuds pulled up into hull. About 0900 the tugs Itco II and Madeline, made up in tandem ahead of barge, began towing. The tow followed a circular course beginning first to the North and swinging wide around to the East and steadied on a course about SSW. After having been steady on this course an estimated fifteen minutes and at `a speed of 3 knots, about 0938 the drilling barge began listing to port and continued on over until it was in a capsized position with the bottom of the hull out of the water. The barge cap- sized without warning in less than two minutes, resulting in loss of nine lives and injury to three persons. 5. Drilling Barge Mr. K was an artificial island which included as integral part of itself features which permit it to be moved as an entity from position to position and to be fixed to or submerged onto the seabed. 6. At the time barge got underway, on or about 17 April 1957 at 0900, draft was reported to be 8' and on an even keel. 7. The derrick was in the raised position `at the time of capsizing with travel- ing block on the deck at the foot of the derrick and no pipe hanging in the derrick. 8. Tanks in barge were fitted with sounding pipes which extended to the pump deck. These sounding pipes were not utilized to determine the condition of the tanks on the morning of the casualty, nor had they ever been used. 9. Plez Ballard, Assistant Drilling Superintendent for Golden Meadow Well Service, was in charge of the drilling barge at the time of capsizing. Mr. Ballard had gone on board the morning of 15 April 1957 and remained on board until casualty occurred. Mr. Ballard had been on this `barge on sev- eral previous occasions, including times when it had been pumped out and moved to a new location. 70. M. E. Flower, Pool Pusher, wa;s assistant to Plez Ballard at time of casualty and the person normally in charge of all operation on Drilling Barge Mr. K. Mr. Flowers had been working on this barge since August 1956 when it wa's on first location. 11. According to M. E. Flowers, the condition of the tanks in the barge It- self were as follows: Bow rake tank-dry; Ballast tank, starboard forward-about 1' water; Fresh water tank, starboard amidships-about 3' water; Fresh water tank, port amidshIps-about 3' water; Ballast tank, starboard aft-about 1' water; Ballast tank, port forward-about 1' water; Ballast tank, pert aft-about 1' water; Stern rake tank, starboard-dry; Stern rake tank, port-dry; Fuel tank, on eenterline-% full. 12. According to Plez Ballard, the condition of the tanks in the barge it- self were as follows: Bow rake tank-dry; Ballast tank, starboard forward-4" water; Fresh water tank, starboard amidships-about 31/2' water; Fresh water tank, port amidships-about 3'/~' water: Ballast tank, starboard aft-4" water; Ballast tank, port forward-4" water; Ballast tank, port aft-4" water; Stern rake tank, starboard-didn't know: Stern rake tank, port-didn't know; Fuel tank, on centerline-~about % full. PAGENO="0058" 1376 13. The sluicing valve between port fresh water tank amidships and center- line drain well was open. The sluicing valve between the starboard fresh water tank amidships and some drain well was open. 14. The condition of the ballast and water tanks as reported by Flowers and Ballard was based only on their knowledge that the pumps lost their prime and pumped no more water. Soundings were not taken although the tanks were fitted with sounding pipes that extended to the pump deck. 15. The Drilling Barge Mr. K was actually and continuously occupied by persons living and accommodated thereon. At time of this casualty there were fifteen persons on board, five of whom were reported to be asleep in sleep- ing quarters provided. 16. According to testimony of M. E. Flowers, the following stores and sup- plies were known to be on board at time of casualty: Reserve mud pit, starboard-5' salt water; Reserve mud pit, port-41/2' of 11.5 drilling mud (11.5 lb/gal) Transverse active mud pit-i' water; Longitudinal active mud pit-empty; Fuel oil dry tank-full; 2251 sacks weighing mud @100 lb/sack-dry mud storeroom; 400 sacks jell mud @100 lb/sack-dry mud store room; 160 sacks clay mud @100 lb/sack-dry mud store room; 10,700 lbs. caustic soda-dry mud storeroom; 14,900 lbs. kabroko (phonetic)-dry mud storeroom; 4,500 lbs. CMCA starch mud-dry mud store room; 1,450 lbs. lost circulation material-dry mud store room; 5,500 lbs. fiber seal-dry mud store room; 250 lbs. fiber tex-dry mud storeroom; 1,800 lbs. graphite; 6,500 ft. 41/2" drill pipe, pipe rack, port (4%" pipe @16.60 lbs./ft); 8,000 ft. 4" drill pipe, pipe rack, starboard; 1,000 ft. 20" casing pipe, pipe rack, port (20" pipe @94 lbs/ft); Note: Pipe racks are fitted each side of slotted section 10' above the pump deck. 17. According to testimony of Plez Ballard, the starboard reserve mud tank contained 3%' of 11.5 pound per gallon mud and the port reserve mud tank was filled to within 8" to 10" of the top with sea water. 18. According to testimony of Plez Ballard, there was no lifesaving equipment on board. 19. According to testimony of the other survivors there was general agreement that the following equipment was on board: 24-adult life preservers; 2-15 person balsa life floats; 4-ring buoys. 20. The 20" pipe casing and the mud, caustic soda and other material in the dry mud store room were placed on 1)oard after the barge was on location in the Gulf of Mexico. 21. At the time of this casualty this was the heaviest load of material and supplies that the barge had had on board when being moved (p. 105, q. 7). 22. This rig was not equipped with a general alarm system. 23. This rig was not provided with a station bill. 24. There is no record of any Coast Guard inspection for compliance with regulations for artificial islands and fixed structures. 25. There is no record or knowlege of any emergency drills being held by personnel on board. 26. Mr. Steele, Naval Architect, and person responsible for design of the Drilling Barge Mr. K, testified that this equipment was designed for marginal offshore waters. 27. Mr. Steele testified as to stability characteristics of this barge and accord- ing to his calculations even at an eight-foot draft the range of stability was 23°. 28. An inclining experiment was not performed, and the center of gravity was determined by calculation. 29. Mr. Steele testified the scantlings of the hull were in accordance with American Bureau of Shipping Rules for inland waters. However, the barge was not built to or inspected for ABS classification. PAGENO="0059" 1377 30. The 4~/2" and 20" pipe in the pipe racks moved slightly after the barge started to capsize to port. 31. An inspection of the bottom of the hull by the Board of Investigation while vessel was still capsized found the bottom plating to be intact and undamaged. 32. The tow w~s made up with the tugs in tanden, the tug Madeline in lead, and tug Itco II astern of Madeline. The Itco II was made fast to the Drilling Barge Mr. K with a 45' bridle and hawser o~ about 300' long. 33. The person in charge of the tug Madeline at time of casualty, Horace Bacleaux, testified he had six to seven months experience in charge of tugs but this was the first time he had towed a mobile platform in the open waters of the Gulf of MexicO. It was also the first time he had been in the Gulf of Mexico at South Pass where this casualty occurred. He did not hold any license issued by the Coast Guai~d. 34. The person in charge of the tug Itco II, N. J. Naquin, testified he had six years experience on tugs and had han~led equipment shtiilar to this drilling barge on inland waters and the Drilling Barge Mr. K one time in open waters. He did not hold any license issued by the Coast Guard. 35. A thunderstorm occurred at time of or immediately after the casualty as evidenced by testimony of Greer Ric)~s (p. 81). 36. Coast Guard aircraft encountered disturbances upon approaching scene of casualty shortly after it occurred. 37. The following Coast Guard aircraft and surface craft rendered assistance by searching area for survivors: (a) Airplane from CG Air Detachment, Biloxi-Airplane~lo. UF-1G-1271. (b) Helicopters from CG Air Detachment, New Orleans-Helicopter No. HO 3 5232; Helicopter No. HO 3 S 235. (c) Patrol boats from CG Moorings, Pilottown, La.-Boat No. 40418; Boat No. 40445. 38. The derrick on the rig was designed to be lowered into a horizontal position as shown in Exhibit No. 2. The barge had been moved on at least four previous occasions and each time the derrick was in the raised position. Testimony further brought out that derrick had not been lowered since being raised on first location. 39. The Drilling Barge Mr. K has not yet been successfully salvaged. GOlden Meadow Well Service Co. advised by letter of July 22, 1957 that the barge had been sold to A. Marx & Sons, New Orleans, La. on July 18, 1957. On September 1, 1957 the hull, with an undetermined part of the superstructure attached, was towed from location to Crescent Towing & Salvage Co. dock, New Orleans, with the barge still in the capsized position. The Recorder was advised verbally by A. Marx & Sons that the helicopter deck, quarters and derrick were not attached to the portion of the rig towed up river. 40. Local Notice to Mariners No. 44, dated April 19, 1957, issued by Commander, Eighth Coast Guard District, gave notice that the Drilling Barge Mr. K was a menace to navigation and this notice is still in effect. 41. The following persons were on board the Drilling Barge Mr. K at time of casualty: Fred Elmer Stanford, Pontchatoula, La. Roche Faucheux, Norco, La. Louis Hightower, Jayess, Miss. Jasmer Harvey, Jr., Jayess, Miss. George Manley Chandler, Jr., 407 Lockhart Drive, Austin, Te~. William James Davis, Silver Creek, Miss. William Richard Darden, 206 Jonesboro Road, W. Monroe, La. Henry John Gueret, Reserve, La. Truman 0. Goodwin, Channelview, Tex. Plez Ballard, P.O. Box 313, Buras, La. Moody Edward Flowers, 1818 Maroby St., Houston, Tex. Henry D. Vicknair Reserve. La. Greer Ricks, 1918 Constance St., New Orleans, La. Zolon Ward, Silver Creek, Miss. Charles L. Harvey, Jayess, Miss. -42. The following persons on board at time of capsizing were lost by drowning: Fred Elmer Stanford, next of kin, wife, Lora, 1422 W. Crawford Street, Dennison, Tex. Roche Faucheux, next of kin, wife, Mrs. Roche Faucheux, Norco, La. Louis Hightower, next of kin, wife, Velma, Jayess, Miss. PAGENO="0060" 1378 Jasmer Harvey, Jr., next of kin, wife, Mrs. Jasmer Harvey, Jr., Rayville, La. Henry John Gueret, next of kin, wife, Mrs. Henry J. Gueret, Reserve, La. 43. The following persons on board at the time of the casualty are still miss- ing and presumed drowned: George Manley Chandler, Jr., next of kin, son, Guy Manley Chandler, 407 Lockhart Drive, Austin, Tex. William James Davis, next of kin, wife, Mrs. William J. Davis, Silver Creek, Miss. William Richard Darden, next of kin, father, John E. Darden, 206 Jones- boro Road, West Monroe, La. Truman 0. Goodwin, next of kin, wife, Bernice, Channelview, Tex. 44. The following persons on board at time of casualty were injured: Moody Edward Flowers, shock, nervous disorder of stomach, vomiting blood. Henry D. Vicknair, shock, water in lungs. Greer Ricks, shock, leg bruises. 45. Witnesses interviewed: Lewis Geer, 6325 Harrison Ave., New Orleans, La. Plez Ballard, PO. Box 313, Burns, La. James E. Steele, 245 Central Caldwood, E. Drive, Beaumont, Tex. Henry D. Vicknair, Reserve, La. Greer Ricks, 1918 Constance St., New Orleans, La. Moody Edward Flowers, 1818 Maroby St., Houston, Tex. Edward A. Whitmarsh, CG Moorings, Pilottown, La. Charles L. Harvey, Jayess, Miss. Zolon Ward, Silver Creek, Miss. E. A. Bullington, 618 Jefferson Park Ave., New Orleans, La. Foreman J. Naquin, 219 Howard Ave., Houma, La. Horace Badeaux, Kramer, La. CONCLuSIONS 46. That the Drilling Barge Mr. K capsized because of poor stability condi- tions including no range of stability that can be attributed to a combination of part of or all of the following factors: (a) Derrick in raised position; (b) An undetermined amount of water in tanks of barge; (c) Cross connecting of the fresh water tanks in barge; (d) Addition of 1000' of 20" casing pipe and over 300,000 lbs. of materials in the mud storage room after arriving on location; and (e) Lack of knowledge of stability by any person on board. 47. That the upsetting force or moment is not known. However, it is felt that the ground swells from SE striking the barge on its beam could well have been the upsetting force. Another possibility is that there were strong upper air winds that struck the derrick and this could be an upsetting force. 48. That the calculations by Mr. Steele as shown in Exhibit No. 8 did not take into account the cross conneoting of the fresh water tanks in the hull. When this is taken into account the value of KG becomes 35.67 and GM is only 5.50 in lieu of figures shown on Sheet No. 6 for calculations at draft of 7.6' F.W. 49. That the Drilling Barge Mr. K was designed for inland waters and not for the unprotected waters of the Gulf of Mexico. 50. That the Drilling Barge Mr. K is a mobile platform as defined in 33 CFR 140.10-30. 51. That the Drilling Barge Mr. K is a manned platform as defined in 33 CFR 140.10-25. 52. That the Drilling Barge Mr. K was not subject to the regulations applicable to manned mobile platforms as set forth in 33 CFR subchapter N, since it was less than 3 miles offshore and therefore not on the Outer Continental Shelf. 53. That the persons in charge of the tugs Madeline and Itco II were not ex- perienced in handling tows such as the Drilling Barge Mr. K in the Gulf of Mex- ico. In addition, both displayed a general lack of knowledge of piloting and the use of a nautical chart when testifying during this investigation. However, there is no willful violation on the part of either person, and there is no action indi- cated under authority of R. S. 4450, as amended, since neither person was serving under the authority of any license or certificate issued by the Coast Guard. PAGENO="0061" 1379 54. That the Coast Guard assistance, which consisted of conducting air and sur- face search for survivors, was timely and satisfactory. 55. That there was sufficient lifesaving equipment on board but that none was actually used in this case. The testimony of Plez Ballard on this subject must be disregarded in view of the testimony of the other survivors and witnesses. 56. That the key personnel on board the Drilling Barge Mr. K were primarily men well experienced in the oil drilling industry. However, it becomes evident from testimony received that none of the personnel were aware of any hazards or dangers connected with ballasting, deballasting, and operating a vessel such as this drilling barge, particularly in the open waters of the Gulf of Mexico. RECOMMENDATIONS 57. That the regulations promulgated pursuant to Section 4(c) (1) of the Outer Continental Shelf Lands Act be amended to require plan approval, stability test and inspection during construction of all mobile platforms, as defined in 33 CFR 140.10-30. 58. That mobile platforms in waters beyond the headlands but less than 3 miles offshore be made subject to any regulations promulgated for mobile platforms on the Outer Continental Shelf. 59. That until such time that above recommendations are carried out, immediate steps be taken to require mobile pl~ttforms be unmanned when being towed in waters beyond the headlands in order to prevent further loss of life. If this is not practical, it is further recommended that no more than two persons be permitted to remain on board in this situation. 60. That until such time as recommendations 57 and 58 above are carried out immediate steps be taken to require mobile platforms to lower their derricks when being towed in waters beyond the headlands in order to increase the stability of the vessel. 61. That a person with marine engineering experience and a practical knowl- edge of stability be required to be in charge of mobile platforms when preparing for and moving from one location to another. JAMES B. RUCKER, Captain, TJ~CG, Chairman. EDWARD J. WORREL, Jr., Comdr, UA~CG, Member. WILLIAM F. RnA III, Comdr., UAS~CG, Member and Recorder. U.S. COAST GUARD, April 19, 1960. CORIMANDANT'S ACTION ON MARINE BOARD OF INVESTIGATION; EXPLOSION AND FIRE ON BOARD OFFSHORE PLATFORM SOUTH TIMBALIER BLOCH 134-D1, GULF OF MExICO, JULY 26, 1959, WITH Loss OF LIFE 1. The record of the Marine Board of Investigation convened to investigate subject casualty, together with its Findings of Fact, Conclusions and Recommend- ations has been reviewed. 2. At about 2330, 26 July 1959, an explosion and fire occurred on the Offshore Drilling Platform South Timballer Block 134-D1, Gulf of Mexico when the well began to blow during the drilling operations. Of the 12 men on the platform, one drowned and two were seriously injured when they jumped f mm the upper level of the burning platform to the water. Five men suffered varying degrees of buims and four were unharmed. Damage to the rig was estimated to be $300,000. 3. The Offshore Drilling Platform 134-Di, owned by the Gulf Oil Corpora- tion, Is a rectangular structure approximately 120 feet by 50 feet having three decks. Atop the platform was Salt Dome Oil Rig No. 10, a two-deck structure con- sisting of the drilling derrick and living quarters. The living quarters were on the uppermost deck approximately 80 feet above the water surface. The Rig No. 10 had previously been inspected by the Coast Guard in another location as an unmanned platform because at that time the crew was accommodated on an at- tending vessel. At the time of this casualty 5 of the 12 man crew were being quartered and subsisted on the rig. Rig No. 10 was owned by the Salt Dome Pro- duction Company who was under contract to the Gulf Oil Company to drill the well. PAGENO="0062" 1380 4 At about 2330 the crew was drilling at a depth of 4 880 feet when drilling mud began spilling over the top of the mud pit indicating that the well was about to blow. Attempts to contain the pressure were unsuccessful and within a matter of seconds an explosion occurred and the escaping gas touched off As the flames enveloped the top deck of the platform and the lower deck of the Rig No 10 the crew began to abandon the structure Of the men actively en gaged in the drilling operation at the time four were able to reach the ladders leading to the boat landing platform and three slid down a four inch rubber sanitary discharge hose to the water when the escape route was cut off by the flame There were five men in their quarters at the time of the explosion whose escape was blocked when the fire engulfed the single ladder leading from the quarters level to the deck below All five donned life jackets which were stowed in their quarters and one man threw two or three additional jackets into the water for use by the others Three men then jumped from the quarters level and the other two slid down the sanitary discharge hose although one fell off part way down The three who jumped suffered the most serious in juries The 67 year old cook apparently landed flat and as a result ~s as rendered unconscious and drowned despite his life jacket The other two en tered the water in more favorable attitudes The injuries were primarily to the chest and back 5 The radio report of the fire was intercepted by the MV Rig $ervwe which was approximately 9 miles away on rig standby for another company Without awaiting orders the master immediately directed his vessel to the scene and recovered seven men from the water and removed three men from the landing platform of the burning structure. The 11th survivor was picked up from the water by a Coast Guard vessel. REMARKS 1 The Board found that the explosion and fire resulted from the ignition of combustible gases escaping under pressure of the blowout Although the source of ignition could not be determined sand abrasions in the bleeder line hot exhaust lines from the diesel motors or an arc from the operating generators were suggested possibilities In any event the cause is considered to have occurred solely within the scope of oil well drilling operations 2 The Board s conclusion that the artificial island composed of the Offshore Platform South Timbalier Block 134-D1 and the Salt Dome Oil Rig No 10 constituted a manned platform by virtue of the fact that five crew members were continuously living and being accommodated on board is concurred in In ac cordance with the board's recommendation the Commander, 8th Coast Guard District is hereby directed to refer the record in this case to the U.S. Attorney having jurisdiction for possible prosecution for the violations of the equipment requirements for manned platforms uncovered by this investigation 3 The Board s recommendation for amendment to the regulations concerning the definition of artificial islands (46 CFR 140 10-5) means of escape (46 CFR 143 05-1) and the recommended promulgation of a new regulation to provide for additional emergency means of escape for artificial islands will be referred to the Merchant Marine Council for study 4 The recommendation that the Coast Guard seek legislation to authorize ad ministrati~ e penalties for violations of the Outer Continental Shelf Lands Act (43 U.S.C. 1333) and regulations issued thereunder will be taken under consider- ation as a possible means of facilitating enforcement 5 Appropriate recognition of the commendable action on the part of Junius J LeBlanc master of the tug MV Rig service for his part in recovering the sur vivors will be given 6. As further recommended by the Board, a copy of the record in this case will be forwarded to the Department of Interior for information 7 Subject to the foregoing remarks the record of the Marine Board of Inves tigation is approved A C RICHMOND Vice Admiral U ~ Coast Guard Commandant PAGENO="0063" 1381 U.S. COAST GUARD, september 4, 1959. From: Marine Board of Investigation. To: Commandant (MVI). Via: Commander, 8th Coast Guard District. Subject: Explosion and fire on board Offshore Platform South Timbalier Block 134-Di, Gulf of Mexico, on 26 July, 1959, resulting in loss of life of Claude F. Bulliard, and injury to seven offshore oil rig workers. FINDINGS OF FACT 1. At about 11:30 P.M., 26 July 1959, an explosion and fire occurred on board Offshore Platform South Timbalier Block 134-Di, Gulf of Mexico, resulting in the loss of life of Claude F. Bulliard and injuries to seven other personnel of the rig. 2. Offshore Platform South Timbalier Block 134-Di is owned by Gulf Oil Cor- poration. This platform is located at 28 degrees, 37 minutes, 35.5 seconds North and 90 degrees, 14 minutes, 20.3 seconds West and had been placed in this loca- tion on 25 June 1959. A well was being drilled at this location for Gulf Oil Cor- poration by Salt Dome Production Company. Salt Dome had placed Salt Dome Oil Rig No. 10 atop Platform 134-Di on about 5 July 1959 and commenced drill- ing operations on 13 July 1959. Neither the rig nor the platform had ever been inspected by the Coast Guard in its present location. The rig portion had been aboard Platform 132-A during November 1958 at which time an inspection had been made of that artificial island. At the time of that inspection (November 1958), the island was considered as an unmanned platform inasmuch as rig ten- der Pelican furnished accommodations for personnel. In its present location, Platform 134-D did not have rig tender Pelican alongside but instead did have persons aboard the rig who, actually and continuously, were living and accom- modated thereon. 3. Lateral dimensions of the platform were approximately 120 feet by 50 feet. A general outline of the various levels of this island is shown in Exhibit A to the record. The uppermost level or quarters level is approximately eighty feet above the surface of the water. 4. Weather conditions at the time of this casualty were as follows: wind southeasterly, 15 to 20 miles per hour; clear, dark night, good visibility with seas 4 to 6 feet. Weather conditions bad no bearing on this casualty. 5. As a result of this casualty, Claude F. Bulliard, 8324 Panola, New Orleans, Louisiana, male, 64 years of age, lost his life. Mr. Bulliard had been employed by General Marine Catering Service and was assigned to Platform 134-Di as the cook. Next of kin is Mrs. Claude F. Bulliard, widow, residing at above ad- dress. Notification to next of kin was made by employers. At the time of his death Bulliard was apparently in good health. 6. Injured as a result of this casualty were the following men: Claude W. Gray, Houma, Louisiana-burns on arm, back and foot. Paul Frederick, Jr., Sunset, Louisiana-burns on face and arms. Joseph P. Soileau, Villeplatte, Louisiana-burns on face and arms. Andrew Lee Woodward, Houma, Louisiana-nausea due to swallowing sea water and minor burns. Abel Vidrine, Jr., Villeplatte, Louisiana-minor burns to face and eyes. Harvey E. Jones, Gretna, Louisiana-back and chest injury. Ira H. McPherson, Houston, Texas-back, leg and chest injuries. 7. Of the injured men, the most serious injuries were those suffered by Jones and McPherson. These men were injured as a result of jumping from the quarters level of the island to the water, a distance of approximately 80 feet. 8. On the island at the time of the explosion and fire, there was a total of 12 men. Of these 12, one died, seven received injuries and four escaped unharmed. 9. A about 11:30 p.m., 26 July 1959, a drilling crew of six men employed by Salt Dome Production Company were drilling at a depth of 4,880 feet on the Salt Dome Rig No. 10 located on Platform 134-D. In charge of the drilling crew was Abel Vidrine, Sr. Four of the drilling crew, including Vidrine were working on the rig floor, on which the drilling equipment Is operated. Two men, Ernest Thibodaux and Joseph Soileu were working the level below the rig floor called the platform floor. 10. The first indication to any of the personnel of anything out of the ordinary drilling routine was when the drilling mud started to spill over the top of the PAGENO="0064" 1382 mud pit. The derrick man, Thibodaux, who was working in this area, proceeded up the ladder to notify the driller of this but saw that the driller was already aware that the well was "blowing" and was attempting to close the blow out preventers to control the blow. The driller was able to close the uppermost pre- venter called the hydril. This momentarily contained the pressure but within 2 or 3 seconds an explosion occurred on the platform level in the vicinity of the shell shaker and mud pit (indicated on Exhibit A). Immediately after this explosion the natural gas escaping was on fire and this fire covered most of the platform level and the rig floor. At about this time the driller was also attempting to close the other blowout preventers. The controls for these preventers are located on a single manifold and he succeeded in pulling the lever for one more preventer. However, this preventer, called the blind rain could not close as the drilling pipe in the casing was in its way. The ram did pinch the pipe but could not stop the pressure of the blowout. 11. As the fire enveloped the rig floor and platform level, all personnel on the rig started to abandon the island. Four men in the drilling crew were able to work their way down ladders at the back of the island to the landing platform. The back of the rig is the side on which the quarters are located. The two other men of the drilling crew were able to climb down a four inch rubber hose which was the toilet drain leading from the quarters to the water surface. The tool pusher, Claude W. Gray, who was the person in charge of the platform, had been asleep in the quarters when the well started to blow. He immediately dressed, grabbed a lifejacket and went down to the rig floor. By this time, however, the fire had started and he too, reached the water `by climbing down the drain hose. Two other men who were in the quarters when the explosion occurred also used the drain hose as a means of escape. 12. The three remaining men, including the deceased, were also on the quarters level when the explosion occurred. Bulliard, who had been preparing food for the drilling crew when the casualty occurred, started to get some lifejackets out of the locker in the quarters. All persons who were in the quarters did manage to get life jackets on before they abandoned the rig. Bulliard did get life jacket on himself and threw two or three additional jackets over the side for the men who he knew were below and unable to get one. Bulliard then proceeded to jump from the quarters level to the water. He was, however, unable to control himself during this fall of eighty feet and hit the water in a horizontal position face down. He apparently never regained consciousness and as a result drowned with his life jacket on. The other two men who jumped managed to hit the water in a `better attitude than Bulliard although both were injured as a result of the jump. 13. Six of the men who abandoned the rig worked their way in the water to a mooring buoy located ~00 yards from the platform when they were able to hang on until picked up by the MV RIG SERVICE approximately two hours after the explosion. Three of the men did not have life jackets and were forced to stay on the landing platform of the rig, while it was burning, until they were picked up by MV RIG SERVICE. Two other men stayed in the water, floating free with life jackets on, until they were picked up. One of these was picked up by MV RIG SERVICE. The other was the last man to be picked up, after 3½ hours in the water, by CGC Blackthorn. The body of Claude F. Bulliard was picked up by MV Sinclair Service and was later transferred to CGC Blackthorn. 14. MV Rig Service, with master J. J. LeBlanc aboard was on rig standby duty for Sinclair Oil Company near a platform located approximately nine miles north of Block 134. Captain LeBlanc heard the report of the casualty over the Sinclair radio circuit. He plotted the position of the casualty and proceeded immediately, without orders to the vicinity. Upon his arrival at the scene, Captain LeBlanc took ten survivors aboard his vessel. To pick up three of these, it was necessary for Captain LeBlanc to maneuver his vessel alongside the burning rig, with waves 4 to 6 feet present at the time. 15. The fire on the rig was extinguished on the day following the explosion. Monetary value of fire damage to the rig was estimated to be $300,000.00. An inspection of the rig revealed that a bleeder line which led from between two of the blowout preventers to the mud pit had holes in it as a result of sand abrasion when the well was blowing. This line was also found to have all valves open in the line. Drilling operations are carried on normally with this line closed. 16. The blowout preventers had been tested on the rig approximately three days before the casualty and were found to be in satisfactory condition. In the testing of these preventers, it was necessary to open and close the valves on the previously mentioned bleeder line. The Board was unable to obtain any other PAGENO="0065" 1383 testimony as to whether or not these valves were closed or opened at any other time since the test. 17. On the island, two means of escape were available from every level, except the top or quarters level, to the surface of the water. There was only one means of escape from the quarters level to the rig floor. In the usual terminology of the offshore oil industry, however, the quarters would be considered as being on the "rig" which sits atop the "platform" and not therefore a part of the platform. 18. There were no life floats of any type on the structure at the time of the casualty. There were a sufficient number of approved life rings with lights,, and lifepreservers aboard. 19. There was no general alarm system on the structure. 20. There was no system of emergency signals established on the structure. 21. There was no station bill or muster list posted on the structure setting forth the special duties and duty stations of personnel for various emergencies. CONCLUSIONS 1. It is concluded that the cause of this casualty was the explosion and fire which resulted from well blowing. The explosion had been caused by the ignition of combustible gases which escaped from the bleeder line under the pressure of the blowouts. The Board was unable to determine the exact cause of ignition but concludes that ignition probably resulted from one of the following causes (1) spark caused by sand abrasion in bleeder line as the well started to blow; (2) Hot exhaust lines from either the diesel engines or generators which were run- ning at the time or (3) Arc or spark from the generators which were run- striking the water in a horizontal attitude. 2. It is concluded that Claude F. Bulliard died by drowning as a result of this casualty. It is further concluded that the primary cause of death must be considered to be the loss of consciousness as a result of falling 80 feet and striking water in a horizontal attitude. 3. It ts concluded that although the majority of injured~ personnel suffered burns of varying degrees, the most seriously injured personnel In this casualty were those men who jumped into the water from the quarters level. 4. It is concluded that, inasmuch as personnel were living and accommodated continuously on the island since its erection, this structure was a manned plat- form as defined by 33 CFR 140.10-25. Testimony of Gulf Oil Corportation area supervisor Indicated that at some level of Gulf's organization it would have been known that personnel were living on the island. There is no question that Salt Dome Production Company was aware that personnel were living on the plat- form. Supervisory personnel from both companies indicated that it was their intention to eventually operate the platform with the rig tender PELICAN aloneside. This Intention, however, cannot alter the status of this island at the time of the casualty, i.e., a manned platform. 5. It is concluded that several violations of Rules and Regulations for Arti- ficial Islands and Fixed Structures on The Outer Continental Shelf (33 CFR 140-146), were noted. These were: (a) There were no approved life floats on the manned platform in violation of 33 CF]~ 144.01-1. (b) There was no general alarm system on the manned platform in violation of 33 OF'R 146.05-5~ (c) No system of emergency signals had been established on the manned platform in violation of 33 OFR 146.05-10. (d) No station bill or muster list had been prepared and posted on the manned platform in violation of 33 CFR 146.05. 6. It is concluded that the above noted violations had no bearing on this casualty and none of the' effects of the casualty can be considered as a result of any such violation. 7. It is concluded that no failure of any inspected material was involved in this casualty. It is concluded that inspected material, namely, the approved life preservers and life rings actually saved the lives of seven men who were in the water for periods varying from 2 to 31/2 hours. 8. It is coucluded that there was no actionable negligence on the part of any licensed or documented person, or of any Federal employee, involved in this casualty. 9. It is concluded that presence of only one mehns of escape from the quarters level to the rig floor cannot be considered a violation of 33 CFR 143.05. This re- quirement states "at least two means of escaiie shall be provided for each 77-463 0 - 72 - 5t. 3 - 5 PAGENO="0066" 1384 . manned platform and further that such means of escape shall extend from the platform to the surface of the water The platform did have two fixed stairways from the rig floor to the surface ~ of the water. As has been pre- viously stated, the terminology of the oil industry defines the platform as the structure upon which the drilling rig and equipment are placed. Using this definition there is no question that there were two means of escape from the platform. Even if the Board were to conclude that the failure to provide two means of escape from the quarters level to the rig floor was a violation, it would also have to conclude that the presence of an additional means of escape would have had no bearing on this casualty. 10. It is concluded that the explosion and rapid spread of fire precluded the use of fire fighting equipment on the platform. 11. It is concluded that the actions of Captain J. J. LeBlanc, master of MV RIG SERVICE were commendable in that he risked his life and vessel and contributed to the saving of lives. His actions were also commendable in that his actions were prompt and solely on his own initiative 12. It is concluded that the enforcement of the regulations could be improved by the addition of civil or administrative penalties to the present possibility of criminal prosecution. 13. It is concluded that the violations noted in paragraph 5 must be considered to have been committed by both the Gulf Oil Corporation in the capacity of owner and for whom drilling operations were being conducted and also by Salt Dome Production Company inasmuch as that company was acting as an agent of Gulf Oil Corporation and did have immediate charge of the platform. 14, It is concluded that the presence of an additional emergency means of escape from the top of the island to the water, such as a knotted life line or a wire ladder extending from the platform might have prevented the death and serious injuries which ~ ere a result of this casualty It is noted that in a similar casualty on Offshore Drilling Platform 45-E in the Gulf of Mexico 15 October 1958 that the Marine Board of Investigation Report dated 4 Decem ber 1958 stated many men received injuries from jumping into the water from a height of fifty or more feet The possible value of such additional emergency means of escape was clearly shown in this instant casualty by the fact that five men did escape from the platform using a rubber drain hose in the same manner that a life line or wire ladder would be used. RECOMMENDATIONS 1 It is recommended that the matter of violations by Gulf Oil Corporation and Salt Dome Production Company be referred to the U.S. Attorney for possible action under the provisions of 43 USC 1333 2 It is recommended that consideration be given to amending 33 CFR 143 05-1 to read Means of escape shall be fixed stairways or fixed ladders They shall be constructed of metal and shall extend from each level of the artificial island or fixed structure to the next lower level and from the lowest level to the surface of the water at the low range tidal mark 3 It is recommended that consideration be given to amending 33 CFR 140 10-S by adding the following sentence to the present wording "This also includes all fixed or mobile structures such as quarters, drilling rigs or derricks, etc., which are fixed to such building or platform." 4. It is recommended that the matter of additional emergency means of escape for artificial islands be made the subject of a study by the Merchant Marine Council. 5. It is recommended that consideration be given to the possibility of obtain- ing legislation to authorize administrative penalties for non compliance with the safety regulations contained in 33 CFR 146 6 It is recommended that recognition be given to the Commendable actions of Junius J LeBlanc 208 Railroad (South) Street, Morgan City Louisiana master of MV Rig Eiervwe by a letter or other appropriate means 7 It is recommended that a copy ~f this report be forwarded to the Department of Interior for the information of that agency. BmiT H. BRALLIER, Captain, U.S. Coast Guard, Chairman. JouN F. KETTLER, Captain, U.S. Coast Guard, Member. ANTHONY F. FUGARO, L4eutenant, U.S. Coast Guard, Member and Recorder. PAGENO="0067" 1385 SEPTEMBER 4, 1959. First endorsement on Marine Beard of Investigation report of 4 September 1959. From: Commander, 8th Coast Guard District. To: Commandant (MYI). Subject: Explosion and fire on the SALT DOME PROI)UCTION COMPANY DRILLING RIG NO. 10, Gulf of Mexico, 2~ July 1959, with loss of life. 1. Forwarded. CARL B. OLSEN. STATEMENT SUBMITTED BY THE DEPARTMENT OF THE TREASURY THE GENERAL COUNSEL OF THE TREASURY, Washington, D.C., April 3, 1972. Hon. HENRY M. JACKSON, Chairman, Committee on Interior and Insular Affairs, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: Reference is made to your letter of March 8, 1972, ad- dressed to Secretary Connally, inviting comments on H-3 of the questions and policy issues related to oversight hearings on the administration of the Outer Continental Shelf Lands Act of 1953. The cost information requested in question H-3 is not of a nature that this Department is in a position to furnish and we believe it should be obtained from executive agencies more directly concerned, such as the Department of the In- terior or the Office of Emergency Preparedness. Sincerely yours, SAMUEL R. PIERCE, Jr., General Counsel. STATE OF LOUISIANA, EXECUTIVE DEPARTMENT, Baton Rouge, June 19, 1972. Hon. HENRY M. JACKSON, Senate Office Building, Washington, D.C. DEAR SE]~TATOR JACKSON: Thank you for affording me an opportunity to comment en policies concerning the Outer Continental Shelf now being reviewed by your committee. Attached is our statement with our views listed in alphabetical order, with the exception of answers D-1 through J-2, which express parallel State procedures to Federal. They are generally responsive to those matters set out in your letter of April 14, 1972, to then Governor John J. McKeitben. I say "generally responsive" because we have been somewhat selective in our answers to the questions propounded. We have, in fact, attempted to confine our efforts to matters about which we feel we have developed experience and knowledge which should benefit your committee. Many of the problems have been adequately defined and explored by others who have previously appeared before you with whom we dealt perfunctorily. Those matters on which we elaborated reflect the views and consensus of Louisiana citizens and State professions who have the experience and discernment to cope with our complex coastal problems. I earnestly invite your attention to the views expressed. On a final note, we firmly believe in multi-use of our coastal area and the resolution of problems arising from competing interests by cooperation and State supervision rather than outright ban of activity. Sincerely yours, EDWIN EDWARDS, Governor. PAGENO="0068" 1386 STATEMENT ON BEHALF OF THE STATE OF LOUISIANA REGARDING OUTER CONTINENTAL SHELF POLICIES Question A-S What additional changes in the existing legal regime or Federal organizational structure merit Congres sional cons ide ration and review? Answer At least two major problems long held in abeyance must be faced when the litigation between the United States and the State of Louisiana is settled and the coastline of the State and its seaward boundary fixed. Background It is necessary to trace a bit of the history of the Louisiana Tidelands dispute to understand how these problems could be tolerated in former years without any need for an organizational entity or particular legal regime to deal with them. Now the legal construct of the dispute has changed with the result that problems long swept under the rug must be brought forth and made the subject of careful study and action. The two major problems we refer to are the ambulatory boundary question and the thatter of conservation regulation, especially the formation of units to a$oid the drilling of unnecessary wells in offshore Louisiana near the boundary between State and federal jurisdiction In the mid-1950's, the dispute between the State of Louisiana and the United States resulted in a total shut-down of the oil and gas offshore industry. The Supreme Court issued an injunction against both parties preventing any leasing or drilling pending an agreement between the governments. An agreement resulted and was used to partially lift the injunction; it is known as the 1956 Interim Agreement. Under it, the submerged lands of offshore Louisiana were divided into four zones. Zone 1 consisted of a three-mile belt measured from the so- called Chapman Line ~(a line drawn in 1950 to represent the federal coastline claim). Zone 1 was recognized as within Louisiana jurisdiction. Zones 2 and 3 comprised the disputed area, with Zone 4 consisting of submerged lands clearly recognized as federal. The result of this arrangement was that as an accidental matter, a large buffer zone existed, a sort of `no man's land", that was to be either jointly administered, or as in Zone 2, not developed or leased at all except to prevent drainage. Consequently, minor, even substantial, changes in the coastline were not likely to pose serious title risks since oil company leaseholders had lease title protection in the buffer zones under the Interim Agreement. Jeopardy to oil or gas leasing or development due to investment insecurity associated with changing PAGENO="0069" 1387 coastlines was thus Incidentally avoided as a result of the coastline dispute. Also, since no leases could be granted in Zone 2, except under very limited circumstances, the opportunity for drainage and off-set problems to occur has been greatly minimized over the sixteen years that the Interim Agreement has been in effect. The result is that when the litigation is resolved, either entirely or in large part, as is imminent, the buffer effect will disappear. Not a broad disputed zone, but a line will divide the properties that are now declared to be clearly federal or clearly State by the Supreme Court. The Supreme Court has held that Louisiana has a right to territorial gains which result from accretion. Studies during the 1950's, sponsored by the Mississippi River Commission, showed the tremendously in- creased flow of the Atcbafalaya River during the 20th Century with an enormously enhanced sediment load. It was predicted that the increased sediments would, starting sometime during the 1970's, buIld a delta land mass projecting 50 miles seaward into the Gulf of Mexico. We speak of a major new land mass that is to grow outward from the mouth of the lower Atcbafalaya River through Atchafalaya Bay and into the Gulf of Mexico. Several hundred square miles of land will be added to the State and Nation, according to the best geological minds in this country. Technical consultants who have visited the area have seen new land building in the Atcbafalaya Bay area. Already, an inland system of lakes some forty miles long and five or six miles wide, has been filled with sediments. Now the sedimentflow that filled the lakes is being carried down to the bay and into the Gulf. This will not only project a great new land mass at the mouth of the Atcbafalaya, but geologists * have informed us that many of these sediments will be swept westward. Land growth will occur along substantial segments of the western Louisiana coast. The State of Louisiana lost hundreds of square miles of land during the 20th Century according to studies of the Louisiana Coastal Studies Institute, principally because of activities of various federal agencies. For example, the Army Engineers closed off Bayou Lafourche In 1904 and did major engineering works In the Mississippi iDelta which have prevented natural land building forces from balancing land destruction forces such as subsidence and erosion. We are at a moment in time when the major losses to be suffered by these works of the federal government have been suffered, and Louisiana is about to experience, during the 1970's and 1980's, major land building phenomena which should partially offset the severe boundary and land loss inequities it has silently suffered over past decades. Therefore, any approach to resolution of these problems based merely upon~a "Let's freeze the boundary" solution would be overly simplistic. However, we do not rule out the appropriateness of considering such an approach In studies to ascertain alternative solutions to the problem of ambulatory boundaries and related title and unitizatIon comp1exIt~es. PAGENO="0070" 1388 The State of Louisiana will, under the present administration commence studies of potential solutions to these problems We think until such studies are completed, the Congress should not~ precipitately act on the ambulatory boundary problem. The Congress should, however, be informed of the existence of this little known and less considered matter of great magnitude. It is, indeed, a matter of tremendous magnitude that cannot be appreciated adequately by those who are familiar -only with small rivers and small river actions. We have in Louisiana the mouth of one of the greatest rivers in the world which over the centuries has changed from place to place and created the most unique and complex of coastal environs. Neither the Courts nor-the Congress have heretofore adequately provided for the singular circumstances which result from the peculiar geological and ecological realities of the Louisiana coast. Too often these were treated as though it were appropriate to lump the coastal problems of Louisiana with those of other coastal States. Many extraordinary events testify to the singular character of our coast. In 1837, the Mississippi flooded its banks at Venice and opened a cut known as The Jump, which build morç than one hundred square miles of land into the Gulf of Mexico. At another time, the daughter of a French fisherman known as Baptiste Collette cut a little two foot pirogue canal which the river quickly enlarged and used to build scores of square miles of land into the Gulf. Elsewhare, as bayous were closed artificially or naturally, great masses of lands have fallen back into the Gulf. So, when we speak of the big changes that are coming at the Atchafalaya Bay and which will continue to occur in the Mississippi Delta, there Is much in our coastal history that supports this prognosis. Ambulatory Boundary Recommendations But what does this have to do with the question of whether there is a need for change in the existing legal regime or federal organizational structure? We think it indicates that the problem of the ambulatory boundary is so large, so complex and so fraught with need to carefully consider the equities as they may relate to many problems, that there should be special and substantial study by both the federal and State governments to ascertain appropriate changes in law and administrative structures. Many matters are affected: revenue sharing, title security for the oil and gas industry to protect and encourage investments relationship to unitization to reduce the number of wells that would otherwise have to be drilled, future jurisdictional needs other than for oil and gas development over the great new Atchafalaya Delta ecological and economic impact and planning for resource utilization of the great new swamp lands to be built, and legal problems of avoiding future State-federal conflict. - PAGENO="0071" 1389 We plan to seek the cooperation of affected State agencies and scientific and legal specialiSts In Louisiana to consider these problems and, after appropriate technical studies, to seek cooperation with federal agencies in developing recommendations to the Congress for its consideration and review. In our judgment, the Congress should in the meantime support studies to deal with this matter. However, the technical character of the problem, its uniqueness to the Louisiana situation and the greaterintensity of oil and gas development along the Louisiana coastal zone warrants that this matter be intensively studies separately from the broad hearings dealing with the Outer Continental Shelf problems of the entire United States coast. In short, it is our recommendation to this Committee that it recommend that further hearings be held specially dealing with the highly changeable character of the Louisiana coast and the ambulatory problem posed by the Supreme Court's 1969 decision in United States vs. Louisiana, if negotiation between the Executive Branches of the Louisiana and the federal government do not result in early resolution of the problem. Conservation Problems and Recommendations Sound oil and gas conservation regulation is required for many reasons: to prevent inequities in the development of oil and gas properties; to minimize adverse ecological impact; to maximize recovery of important resources in the most practical and economic fashion. It is in the interest of the industry and the public to have no more drilling than is necessary to efficiently and economically drain these underground resources. The Louisiana Mineral Board and the Louisiana Department of Conservation, in their dealings with counterpart federal agencies, have always sought to cooperate fully in the development of unitization agreements or other plans for development of resources along boundaries. They have sought to encourage efficient and economical development that would yet serve the equitable interests of each government participating in revenues from pools that might underlie both sides of a boundary or potential boundary. The experience has been less than satisfactory. The federal government refuses to negotiate at higher levels and insists upon having negotiations conducted by low level officials subject to one-sided review by higher federal authority. Consequently, any understanding by Louisiana officials with federal officials can seldom be relied upon and years later may be reversed by the higher federal authority. Louisiana is unable to obtain direct negotiation between higher State and federal authorities. Years are consumed and still agreement is not reached in final form on the few locales where development has been at the edge of and on both sides of the Zone 1--Zone 2 boundary. In December of 1971, great stretches of the Louisiana coast were adjudicated by the Supreme Court on one side of the line and we expect that a decree will be rendered this year adjudicating title on the other side of the line, causing clearly PAGENO="0072" adjudicated State-federal areas to bound each other with the multiplication of drainage, off-set and unitization problems that are sure to develop. A quasi-adjudicative agency should be es- tablished, with joint federal-State representation thereon to create a mechanism for Louisiana to have `it's day in Court" on unitiza- tion and conservation problems. Otherwise, the absence of agree- ment and interminable years of unsuccessful negotiation is apt to be repeated at scores of locations along the Louisiana coast with great injury to the State of Louisiana that could only be rectified by the State making demands upon its mineral lessees to drill wells to off-set wells~on the federal side of the line. These were the very problems that, in the early days of the oil industry, caused lands to be peppered with derricks unnecessarily and with tremendous economic and geologic waste. Louisiana believes that if the federal officials responsible for unit negotiations know that there is an independent agency or an independent arbiter available to fairly and objectively consider the claims of the State as to geologic and petroleum engineering problems affecting unit questions, these federal officials will be more apt to promptly agree on reasonable voluntary plans for units. Actual resort to hearings before such an adjudicative body might well prove unnecessary in most instances. If equity cannot be served by the creation of such a body to either arbitrate or adjudicate adversary proceedings between State and federal technical agencies, the result ~jvill be an unfortunate proliferation of unnecessary wells, financial burdens on the industry and higher prices for oil and gas. However, again this is in an area where ill- considered action could defeat desired ends. The subject matter is interrelated to complexities of the ambulatory boundary problem which, as we have earlier suggested, is a matter that in itself, should receive the most careful expert attention. We recommend therefore, to this Committee that it take note of the need for legislation on this important problem now and the realization that such need will Increase in the future. After technical studies, we have initiated are completed, Louisiana expects to come back to the Congress with specific recom mendations and hopefully gain the concurrence of the administration on the proposals Louisiana will submit. ____________ What should the role of the State government be with respect to Federal decision-making concerning: Answer (a) Exploration?: The States should have a very active role in Federal decision making 1390 Question G-4 PAGENO="0073" 1391 concerning exploration on OCS lands bordering the States' juris - diction. In order to accomplish this, special policies should be developed by a joint State-Federal effort with regard to such matters as drilling regulations, the spacing or density of wells, production allowables, production handling and unitization procedures. Louisiana has long played a significant role in regulating seismic exploration in offshore areas. By agreement with the Department of the Interior, the State of Louisiana develops, promulgates and enforces all regulations to the edge of the OCS for the protection of fishing areas in Louisiana and on the OCS. (b) Leasing?: The States should be informed about Federal leasing proposals and have the opportunity to approve or oppose the leasing of certain areas. There have been instances in Louisiana when agreements were worked out with the Federal Government whereby leasing and exploration in specific areas would be programmed so as not to interfere with peak shrimping seasons. These agreements were based on shrimp population dynamics research made available by the State. (c) Environmental i~egulations on OCS lands bordering the States' jurisdiction? The States have what may be termed an overriding interest in Environ- mental regulations on OCS lands bordering the States' jurisdiction. The States are probably in a better position to either develop or evaluate environmental regulations in their coastal waters and on the adjoining OCS since, generally, they have a greater amount of scientific informa- tion on the local ecosystem. Because of this, we would strongly recom- mend that Environmental regulations developed for the OCS be thoroughly coordinated with and approved by the border states. QuestionG-5 Are there high priority research or administrative programs related to OCS administration that remain unfunded, underfunded, or short of personnel? Answer Without question, a considerable amount of highpriority research should be directed to determining the effects of chronic oil pollution and local- ized accidental spills. While present fishery production in Louisiana would indicate that serious toxic effects from oil do not occur, this question is still largely unanswered and must be answered before unlimited mineral exploration~ can be condoned throughout the ocean areas. Additional work is also needed to determine the effects of buried and unburied pipelines. At the present time, it appears that it will be very difficult to bury pipelines in water depths beyond the two hundred foot contour line. Thirdly, if dispersants or other types of chemical control of oil pollution is advocated, a considerable amount of bioassy work is needed to determine whether the toxicity of such chemicals alone or in combination with oil is more detrimental to the environment than oil alone. PAGENO="0074" 1392 Question 1-2 In light of existing and projected demands for energy and the simul- taneous requirements to protect the marine environment, what al- ternative sources of energy other than OCS petroleum from future leases are readily available and at what economic costs and environ- mental risks? Answer With regard to Louisiana, the most objective and far reaching method of obtaining alternative sources `of energy, other than leasing of the OCS, would be increased onshore private exploration for oil and gas which should be encouraged by permitting a general rise in the price of crude oil which we consider depressed as compared with other products except natural gas. While such a price rise would obviously be eventually borne by the consumer, it offers a practical means of halting the declining rate of exploratory effort and encouraging additional drilling for onshore reserves that are badly needed. Regarding natural gas, the greatest possible incentive to achieve accelerated exploration that could be given to the oil and gas industry and indirectly bene'fit lhe consuming public would be to remove the FPC price restrictions entirely and let the price of gas seek its natural level. The renewed inter,est in exploratory drilling not only would result in substantially increased reserve of gas, but it would also increase oil production substantially. Again, the resulting cost increase to the consumer would more than be overcome by the insurance to them of a reliable and steady domestic supply of natural gas. Question I 3 What would be the economic security of supply and environmental consequences of alternative strategies for the scheduling of OCS re- source development (e. g. postponing development and consumption of `these' resources until the need for them is greater, due to increased ~costs or unavailability of imported oil)? Answer The postponing of development and subsequent non-consumption of optimistically assumed resource reserves, until such time as imported oil becomes unavailable o,r the cost of such oil becomes prohibitive would be impractical for several reasons: (1) The United States would be at the mercy of unfriendly powers in the Middle East and Africa where more than 75% of the known world reserves of oil are located. (2) Technical and professional personnel and operational equipment would be lost to foreign operations or assimilated into other industries thus destroying the domestic oil and gas industry. This would have a catastrophic effect on the economy. Once this nation postpones development and the domestic industry loses the expert and skilled labor force and the necessary drilling equipment.to other nations, it would be virtually impossible to again start up the industry, and the lead-time that has been developed over the years will have va'nished forever. PAGENO="0075" 1393 (3) Training centers would be lost and educational endeavors curtailed. (4) Research would virtually terminate. (5) National security would be endangered as no immediate source of energy would be available in the event imports should suddenly cease. As anillustration, the country as a whole was unable to meet the demands placed upon it by withdrawal of Eastern Hemisphere oil during the Suez Canal crisis in 1956. What shut- in capacity we had at that time has largely disappeared in the intervening 16 years. Today's shut-in capacity is insignificant. National security demands that domestic sources be developed to the greatest extent possible. (6) Environmental damage or oil spill pollution would still be a major concern due to the tremendous amount of imported oil being brought in by large tankers. It is imperative that an orderly development onshore and offshore con- tinue at least until such time In the future as alternative sources of energy, such as nuclear or solar, can be economically generated. Question 3-1 What are the nature and magnitude of environmental risks and problems related to OCS oil and gas development in: Answer (a) Geophysical exploration: Historically, geophysical exploration has been accomplished through recordings of refracted sound vibrations derived from under-water explosions. The detrimental effects to the environment as well as the flora and fauna are apparent. We realize that a series of under- water explosions in the Gulf of Mexico is probably insignificant when compared to natural disasters, but it is very possible that these shock waves disrupt the spawning of some of our commercially im- portant species. The impact of such a catastrophe on the states' economy would be incalculable and not worth the risk, since alternate methods appear available. Recent innovations of seismic instrumentation and exploration indicate that seismic profiling can be accomplished utilizing a much less destructive sound source. Seismic exploration should be limited to these alternate sources. (b) Drilling and Production All of the environmental risks involved with drilling and production are PAGENO="0076" 1394 not known since the toxic effect of oil in the ecosystem is not clear. However, several problems that may be of immense magnitude to the environment are recognized: Accidental and Chronic Pollution: Accidental pollution can be disastrous, costly, create great public concern, and cause spectacular short-term local environmental disruption. Conclusions that may be drawn concerning the effects of accidental pollution include the following: 1 There is little or no evidence that accidental oil pollution has a gross permanent effect on the ecosystem. Whether minor or accumulative effects occur have not been demonstrated. 2. Even when loss of animal or plant life occurs, in time, recovery of the environment is followed by return of normal populations. In most cases the recovery time is not prolonged. 3. The principal problems resulting from accidental oil spills in- volve these factors: a. Contamination of filter-feeding animals b. Heavy fouling of beach or marsh areas; and the coating of birds, animals and plants in local areas. c. Fouling of private property and the cost of cleanup procedures. Chronic pollution by contrast, is a more critical and less understood problem. Prior to increased state regulation and surveliance of the oil industry continuing low-level pollution associated with intensive oil production in shallow inshore embayments and marsh areas was common in Louisiana. Production from numerous weilbeads, with associated gathering lines, tank batteries, separators and sludge pits all afford opportunity for leaks and spills causing chronic introduction of oil into the ecosystem. There were areas of intensive petroleum production where chronic oil loss had ruled out other uses of the area, destroying once valuable oyster reefs and shrimping grounds. However, the onset of stricter state safety regulations as well as company initiated safety precautions have led to the installation of additional safety equipment and oil spills have been kept to a minimum in recent times. It has been our experience that PAGENO="0077" 1395 oil and gas operations can be coi~ducted with only minimal interference to other users of our bays, marshes and offshore areas and there is no reason to believe the OCS cannot enjoy the same multiple uses. Oil Emulsion Muds: One of the most serious and long-lasting types of pollution associated with the petroleum industry occurs when diesel oil. is added to the mud system to enitance the drilling of deep wells. If the excess or used mud or cuttings from such an operation is lost overboard, there results a serious oil pollution of the sub- strate since the oil is absorbed into the heavy mud particles and settles to the bottom. Visible oil slicks may not occur and the pollution may go undetected. If oysters or other filter-feeding animals are in the area, they soon filter out and concentrate the oil and develop an unpalatable oily taste, As little as five hundred parts per million of oil in mud will cause serious problems in oysters and even one part per million added to a running-water system will be concentrated by oysters kept in the system for several weeks. Deterz~its, Dispersants and Other Chemicals Used to Cle~~p Oil Spills: Usually when oil spills occur, public outcry and concern on the part of the industry to reestablish good public relations result in rapid and costly attempts to clean up the area or to make the visible oil disappear from sight. From our experience with oil emulsion muds, this may be the worst approach possible to the cleanup problem for these reasons: - 1. Detergents or dispersant chemicals may cause the oil to absorb on mud and silt particles which sink to the sub- strate or float in the water column where they are more available to filter feeders. 2. Absorbed oil on the bottom particles appears to take longer to degrade. 3. The use of chemicals to disperse the oil involves placing an additional load of foreign and undesirable material in the ecosystem. Many of the dispersants tested proved to be fare more toxic than oil. PAGENO="0078" 5. Floating oil is probably the least damaging position for oil to occur in the ecosystem. Here it degrades more rapidly - -its only effect is at the interface and, except in inter- * tidal areas and marshes, will usually dissipate, degrade and be mechanically dispersed by wave action with little apparent effect on the ecosystem. Commercial Fishery Problems Offshore operations have created several types of problems for commercial fishermen particularly shrimp tralwers The principal difficulties for fishing fleets involve navigational pro- blems and seabed obstructions The producing platférms and other above water structures are well marked and lighted but when they become extremely numerous, significant fishing area is lost Occasionally boats collide with structures but the primary problem seems to be that, with fishing gear down, they must stay well clear of the rig in order to avoid possible collision or the entanglement of gear in underwater material discarded from the rig. This means that a considerable area around each site cannot be safely fished and significant fishing area may be lost to them. Until recently underwater completions and inactive stubs were a serious problem These obstructions if in water greater than eight feet above their highest point, do not have to be marked or bouyed More than two hundred such structures clutter the sea floor off Louisiana and this has resulted in the loss of a consider- able amount of expensive fishing gear. New rule changes now allow the pipes to be cut off below the mudline and it is expected that most of these hazards will be removed within the next year or two. (c) Undersea pipeline construction `and operation Undersea pipeline construction and operation is not a serious environmental problem if regulated to prevent exposed pipes on the seabed. Usually subsurface currents will alleviate the pro- blem by burying pipelines. New construction is a potential hazard to commercial fishermen and has resulted in gear loss. (d) Tanker operation 1396 4. DIspersal of oil does not allow proper mapping or study of polluted areas The overall damage from a tanker spill is probably minimal if it PAGENO="0079" 1397 occurs offshore and remains away from the coastal marshes. With the advent of super-oil tanker ports which will concentrate these large vessels in a near offshore area, the possibility of vast oil spills, constant leakage, and accumulation of minor spills is tremendously enhanced and this poses a great threat to the environment In these areas unless closely regulated. (e) Onshore pipeline construction and operation. Highest priority should be afforded to the prevention of alteration of the environment in inshore pipeline construction and operation. Some of the related problems are: 1. The dredging and channelizatlon needed for the navigation of drilling rigs to location result in direct destruction and loss of nursery areas from dredging, silting, leveeing and erosion. Sessile animals and bottom organisms are killed or dislocated while marsh areas may be destroyed, drained and drastically altered. 2. Pipeline construction can be especially destructive and result in serious ecological changes. The construction of large and long pipelines requires the dredging of wide and deep flota- tion canals for the laying equipment. These canals, 40 or more feet in width traverse and cut through marsKlands and embayments without regard for changes in the natural drainage pattern, the disruption of currents in bays or water- flow~in marshlands, and the direct loss of animals and plants within the rights -of-way from dredging and silting. Long- range effects involve Serious erosion of unstable marshes traversed by such canals. 3. Even in cases when dredging is not a factor, shorelines, inter- tidal areas, marshes and very shallow waters which make up an important part of the ecosystem can be cut up and destroyed by vehicular traffic such as mudboats, marsh buggies, tugs and equipment barges and other heavy equipment. 4. More widespread and serious ecological damage and disturbance of the ecosystem occur from the indirect and secondary effects of the above actitrities. The more direct effects are local in nature and are generally In or near the rights -of-way while the indirect effects are more far-reaching and difficult to evaluate. These include: a. Changes in water cycling rates and volumes; b. Sale and freshwater intrusion; c. Indirect silting considerable distances from the site of activity resulting from changes In the direction and velocity of currents; d. Partial or total disruption of normal drainage patterns and water movements. PAGENO="0080" 1398 Question J-5: What quantitative information is available about the total costs of past mishaps on the OCS, including oil and gas lost, private and government cleanup costs, loss of fish and wildlife, damage to tourism, reduced property values, and administrative costs? Losses to fish and wildlife in the Louisiana area has not been demonstrable nor has any data been presented which statistically supports evidence of economic losses. The administrative costs to the State of Louisiana for surveillance, research and additional workload during times of serious accidents has been considerable probably exceeding several hundred thousand dollare per accident Question J-7: What additional geological, biological, engineering or other information is necessary with regard to improving the environmental safety aspects of offshore oil and gas operations? Is there research that ought to be com- pleted before any further offshore leasing? Are there specific instances or areas in which leasing should be postponed pendmg completion of further studies 7 What time, effort and costs would be involved in this research? Answer We are of the opinion the studies that have been completed and the environmental safety aspects presently required through Federal OCS rules and regulations are sufficient. The State would continue to cooperate and encourage new and improved safety devices whe~re reasonable in order to further protect the environment Leasing~ exploration and development should not be postponed to await completion of research projects or studies. Question K-2: Should the Congress determine, on a case by case basis, the circum- stances under which tracts of OCS lands should be established as marine preserves or sanctuaries? Whether established by Congress or other authority we agree that these must be considered on a case by case basis. However, any establishment of a marine preserve or sanctuary should be considered under the multiple land usage concept which includes petroleum exploration and development The State of Louisiana has years of experience which has been documented in the exploration and developmentfor oil and gas associated with perserves or sanctuaries. Under the specific rules and regulations established for similar State areas, multiple use has, ~ ~i~can exist. Prime examples of these are: (1) Avery Island Bird Sanctuary and Scenic Gardens, (2) Pass-a-Loutre Game and Fish Preserve, (3) Rockefeller Wild-Life Refuge and Game Preserve and (4) Russell Sage or Marsh Island Wild Life Refuge and Game Preserve. Answer: Answer: PAGENO="0081" 1399 Question K-3: Are there instances in which highly promising OCS acreage should be permanently reserved from development for recreational, ecological, or aesthetic reasons? What cost-benefit standards should be applied to proposals for reservations of this type? What other standards or considerations should be applied to proposals for reservations of this type? Answer: We feel reasonably certain that some areas should be set aside for permanent recretional and ecological reasons. Many such areas could probably be located in areas where mineral production does not occur. A real problem does exist in Louisiana where vast mineral resources underlie a unique and extremely valuable fishing area. Setting aside this area for the fishery purposes along probably could not be justified in view of the tremendous oil reserves involved. However, if the fishery and natural resources production of the Louisiana coast is destroyed because of mineral production, the long-term economic loss to the country wøuld be staggering and the loss of food and nutrients to a growing human population would be incalculable. In view of this, exceedingly careful regulation of the area should be undertaken and probably some cutoff point in mineral exploitation should be determined beyond which this highly productive area would not be subjected to further ecological dangers. This problem, however, really lies in the nursery grounds and coastal areas well within Louisiana's jurisdiction and does not constitute a major problem on the outer continental shelf. Question K-5: If a short term (two-year) or long term (five-to ten year) moratorium were established and all OCS operations were suspended: (a) From what probable alternative sources would petroleum demand be filled? Answer: For the short term (t~eo-year), we see no alternative source for petroleum demand except from foreign sources. The lead time to develop new resources in this country varies from five to seven years for conventional fuels. The same answer would prevail for the long term (five-to ten-year). The lead time for developing other forms of energy as alternatives, the so-called exotics, would require from 10 to 20 years. (b) To what extent, if any, would these alternatives reduce the risk of coastline oil pollution? Answer: The only alternative, as indicated in the answer to K-S (a) above, is increased use of foreign oil. Rather than reduce the risk of coastline pollution, we believe the risk would be increased. Statistics are available which indicate that tanker lea kage and spillage from accidents' on the high seas cause a major portion of coastline pollution. If thore foreign oil is transported to our shores by tankers, then we belteve the risk would be materially increased. 77-463 0 - 72 - pt.3 - 6 PAGENO="0082" 1400 (c) What new environmental risks would be associated with alternative sources of supply? Answer: The answer to K-5 (b) we believe also answers this question. We know of no new risks. The risks would only change in location. Question E-l: What is the procedure currently used by the State (Federal) agencies for determining, on a short range (one year), intermediate range (five years), and long range (five years and beyond) basis: (a) The demand or need for OCS production? Answer (a): Realizing the natural gas shortage, the State Legislature in 1970 adopted an Act to allow the State to take its gas in kind. Implementation of this Act is being considered at this time. Question E-1 (b): The sequence, size and timing of sales? and (c) The location, size and shape of specific tracts offered for lease? Aiiswer (b)&(c): Sales are presently being conducted on a monthly basis. The number of tracts, location, total acreage, size and shape depends upon nominations by industry although by statute a single tract may not exceed 5000 acres. The State Mineral Board has authority to advertise for lease any specific acreage on its own initiative. Thirty-five years of experience has proven that sales conducted at regular intervals is conducive to the orderly development of oil properties. Regular scheduling of sales has many advantages; it enables the industry to budget properly, grants it security in planning, and affords time in which to secure proper equipment. Question E-l-A What is the procudure currently used by Federal agencies for determining on a short range (1 year), intermediate (5 years) and long range (5 years and beyond) basis: (a) The demand or need for OCS production? Answer: With respect to Louisiana operations, crude demand is determined on a monthly basis through nominations from all crude purchasers in the State. In the past, determination of intermediate or long range demand could only be ascertained through an extrapolation of demand trend. However, this is no longer valid as Louisiana can not satisfy the current market den~nd even at maximum productive capability. Louisiana's market demand for June, 1972 is 1, 519, 304 barrels per day. June allowables have been assigned so as to produce an estimated 1, 314, 000 barrels per day, or about 205, 000 barrels per day less than market demand. Our best estimates of all out production capability for Louisiana would leave us far short of the current market demand. PAGENO="0083" 1401 Several years ago we were producing at much lower rates in response to lower market demand and therefore had a reserve producing capacity of sizeable proportion. This was demonstrated by our ability to produce an additional 250, 000+ barrels of oil per day to satisfy the increased market demand during the 1967 and 1970 Middle East Crises. Louisiana cannot produce any appreciable amount of oil today to carry us over a national emergency of any proportion. For the above reasons, market demand no longer plays an important role in influencing Louisiana's production. Future production rates in Louisiana will be controled by reservoir capabilities. Question E-2: What is the procedure currently used by the State (Federal) agencies for taking into account recreational, fish and wild life and other environmental values in choosing tracts to be leased? Answer: The State has specific rules and regulations governing exploration and development of game preserves, fresh water supplies, and oyster beds. Public authorities or public bodies are notified when these sensitive areas are advertised for leasing, and close cooperation with all related agencies is maintained with supervision imposed. Question F-i: What, in general, are the current procedures for lease supervision and inspection? Are there concrete indications of improved surveillance and compliance over past experience? To what extent has the risk of accidents, such as those which occurred near Santa Barbara and Offshore Louisiana been reduced, and to what factors are reductions (if any) due? The Louisiana Department of Conservation exercises the police power of the state through extensive regulatory supervision. The Department is divided into six (6) districts, four of which border on the Gulf of Mexico. These districts have a total of twelve oil and gas inspectors assigned to fields in the bay areas and Zone I. They are responsible for the testing of wells, plugging and abandonment operations, casing tests, and platform inspections to insure compliance with Statewide Order No. 29-B which includes pollution surveillance regulations. The work of our oil and gas inspectors is supplemented by agents from the Inspection and Enforcement Division who make investigations and file detailed reports on production platforms and salt water disposal facilities in all fields at least once a year. Re-inspections are made upon the request of the local district managers or when otherwise appropriate. This method of operation has brought about more accurate reporting of production data and oil spills, induced cleaner operations and encouraged the installation of devices to reduce pollution. Spill pans under production vessels with drains to collecting sumps and pumps with autorrnatic controls have been installed. This equipment is checked at regular intervals to insure that it will operate when needed. PAGENO="0084" Holes in the impervious platforms have been repaired along with broken retaining walls to insure that any spillage which occurs in everyday operations will not cause pollution The efficiency of separation has been increased and the amount of entrained oil formerly discharged with produced brime to the Gulf of Mexico, has been or is being reduced to meet new water quality standards. The accidents which occurred near Santa Barbara and offshore Louisiana caused the oil and gas operators along with the Louisiana Department of Conservation to re evaluate their operations and pollution prevention requirements Some companies established inspection teams dispatched them to inspect their installations and acted on their recommendations to reduce the possibility of similar accidents Others set up waste oil salvage operations whereby waste from bilges sumps stock tanks production vessels etc is picked up at regular intervals by barges and brought inshore for non contaminating disposition Equipment to contain and dispose of oil spills has been stocked in strategic locations Funds for their purchase was provided by different companies for use on a cooperative basis by operators in an emergency All of these factors have con siderably reduced the quantity of oil which was formerly discharged to the Gulf accidentally or otherwise. Question C What jurisdictional issues remain unresolved regarding (a b andc 11) (a) The seaward limits of the OCS? The question of where the Outer Continental Shelf ends in one that continues to divide international law experts We wish merely to clarify the attitude of the State by means of a general policy observation Proposals to either internationalize or submit to international control what is presently considered the Outer Continental Shelf a vital area of important natural resources upon which so many Louisianaians depend for their livelihoods will be strongly opposed by the people of this state We disapprove of any such proposal which decreases State or National jurisdiction over our offshore submerged lands (b) The seaward limits of state jurisdiction? The seaward limits of State jurisdiction are still the subject of litigation between the State and Federal governments A Special Master appointed by the Supreme Court conducted extensive hearings over two years and extensive briefs are now being written on the many complicated matters in dispute Islands and low water elevations questions cartographic and survey problems natural entrance point selection tests water area bay tests and many many other factual and legal questions complicate the dispute It is not unlikely that another three to five years will be required to resolve the matter. 1402 Answer: PAGENO="0085" 1403 To here list and discuss the issues involved would be impossible but major points at Issue include those itemized on a statement of the issues which the parties have agreed remain. to be decided by the Special Master. (Appendix A attached). We have heretofore commented in response to question A-5 concerning problems of the ambulatory boundary in a major deltaic coastal area. Unless agreement is reached on that problem, litigation is apt to be renewed after the present dispute is resolved. (c) The authority of the Secretary of the Interior (11) to promulgate `conservation" regulations? Answer: As to the authority of the Secretary to promulgate conservation regulations, such authoilty does not and should not affect areas owned by the State or subject to State leases. As earlier noted, this emphasizes the need for an agency or arbiter, independent of the Secretary's power, to resolve State-federal boundary disputes. The creation of such a body should be given serious consideration. It could, perhaps, be composed of State and federal representatives and invested with powers to enact conservation regulations for boundary areas. Question I-i: In view of the recent Louisiana Offshore sale court decision, what changes in procedure, if any, do the State agencies con- template to satisfy NEPA environmental impact statement require- ments? Answer: We feel the National Environmental Policy Act of 1969 should be re-evaluated in light of the present energy crisis. Interpretation or clarification of certain segments must be made so that the petroleum industry can function. Individual impact statements on each tract is impractical if not impossible. An impact statement that is prepared covering a specific area should be sufficient for any future petroleum development activity in that particular area and repetitive individual impact statements on portions covered by a previous statement should not have to be submitted. These areas should be classified and identified with similar environmental aspects as the controlling factor. This is necessary to allow industry to operate as efficiently and effectively as possible from the beginning of the exploration activity to actual drilling and production operations. Experience has proven that it is possible and realistic to have consistent rules and regulations governing those areas with the same or similar environment conditions. PAGENO="0086" 1404 No 9, Original IN THE SUPREME COURT OF THE UNITED STATES October Term, 1969 UNITED STATES OF AMERICA, P1 &INTIEF V ST ~TE OF LOUISIANA, lIT AL BEFORE THE SPECIAL MASTER JOINT PRETRIAL STATEMENT ERWIN N GRISWOLD, Solze~tor General of the United State$ JACK P. F. GREMILLION, Attorney General of Lotu$zana The United States and the State of Louisian'~ jointly submit the following pretrial statement: Part A sets out the issues that the parties now believe are before the S~ecjal Master undet the Supreme Court s order of May 19 1969 This statement is drranged in geographical sequence according to the areas affected by the various issues proceeding from east to west Under each area are stated the issues that affect it where such an area includes smaller areas affected by particular issues the smaller areas ire listed after the larger area with the issues affecting each Although the ~juestions ire stated unconditionally it is understood that in a number of instances the parties propose them altern~itively Part B states the understanding reached regarding geographical facts Part ~4 contains sut,gestions re,,arding procedure A 1 From Errol Shoal to the western headland of Sandy Point Bay (U S C `md i S Charts Nos 1270 and 1272 Maps 6-7 of 41 and 1-7 of 8 La Ex 119 pp 6-14.) (a) Did actions of the United States prior to this suit have the legal effect of utih~ing straight baselines to delimit inland waters (b) Have changes in geographical configurations divested Louisiana of title to any submerged lands in this area'? (c) Have changes in law divested Louisiana of title to any submerged lands in tins area'? (d) Does this area include any historic inland waters under principles of international law particularly at Isle au Breton Bay East Bay or West Bay'? (e) Does this area include any historic territorial waters under principles of international law particularly at Isle au Breton Bay East Bay or West Bay and if so what is the effect'? 2 From Dead Woman Pass to North Pass (U S C & G S Chart No 1272, Maps 1 and 2 of 8 La Fx 119 pp 8-9) (a) Are there islands or low tide elevations that should be considered part of the mainland'? (b) What closing line meets the semicircle test'? 3 From Pass a Loutre to Southeast Pass including Blind Bay (U S C & G S Chart No 1272 Maps 2 and 3 of 8 La Ex 119 pp 9-10) PAGENO="0087" 1405 (a) Are there islands or low-tide elevations that should be considered part of the mainland? (b) If the closing line of Blind Bay affects the three-mile limit, where are the natural entrance points between which the closing line should be drawn? (c) Should islands or low-tide elevations be regarded as forming separate mouths of a bay if one or more direct lines could be drawn between other natural entrance points of the bay so as to run wholly landward of such islands or low- tide elevations? (d) Are there islands or low-tide elevations at Blind Bay that form separate mouths to it? 4. From Southeast Pass to South Pass, Including Garden Island and Redfish Bays. (U.S.C. & G.S. Chart No. 1272; Maps 3 and 4 of 8, La. Ex. 119 pp. 10-il.) (a) Which islands or low-tide elevations off Southeast Pass should be con- sidered part of the mainland? (b) Should islands or low-tide elevations be regarded as forming separate mouths of a bay if one or more direct lines could be drawn between other natural entrance points of the bay so as to run wholly landward of such islands or low- tide elevations? (c) Are there Islands or low-tide elevations off Southeast Pass that form such separate mouths of the Garden Island-Redfish Bay complex? (d) Where are the natural entrance points of the Garden Island-Redfish Bay complex? 5. South Pass. (U.S.C. & G.S. Chart No. 1272; Map 4 of 8, La. Ex. 119 p. 11.) (a) What are the means of proof recognized by the Convention on the Ter- ritorial Sea and the Contiguous Zone for ascertaining whether particular ele- vations are above the level of mean low water? (b) Does the Convention on the Territorial Sea and the Contiguous Zone control the kind of evidence that may be introduced in this case to identify low- water lines? (c) Is Louisiana entitled to submerged lands measured from such islands or low-tide elevations as shown on Chart No. 1272 irrespective of evidence to the contrary? (d) Where are there islands or low-tide elevations off the mouth of South Pass? (e) Have there been changes in the coast line that would affect the future distribution of revenues heretofore accrued since June 5, 1959, and, if so, when did the changes become effective? 6. From South Pass to Southwest Pass: East Bay. (U.S.C. & G.S. Chart No. 1272; Maps 4-6 of 8, La. Ex. 119 pp. 11-13.) (a) What are the means of proof recognized by the Convention on the Ter- ritorial Sea and the Contiguous Zone for ascertaining whether particular ele- vations are above the level of mean low water? (b) Does the Convention on the Territorial Sea and The Contiguous Zone control the kind of evidence that may be introduced in this case to identify low-water lines? (c) Is Louisiana entitled to submerged lands measured from such low-tide elevations or low-water lines as shown on Chart No. 1272 adjacent to South Pass but not shown on Map 4 of 8, irrespective of evidence to the contrary? (d) Are there low-tide elevations or low-water lines in East Bay adjacent to South Pass not shown on Map 4 of 8 but shown on Chart No. 1272? (e) Have there been changes in the coast line that would affect the future distribution of revenues heretofore accrued since June 5, 1950 and, if so, when did the changes become effective? (f) Within East Bay, are there any bays as defined by Article 7 of the Convention on the Territorial Sea and the Contiguous Zone and, if so, where are their natural entrance points? 7. From Southwest Pass to Belle Pass: Ascenslon-Caminada-Baratarla Bay complex. (U.S.C. & 1.5. Charts No. 1272, 1273 and 1274; Maps 6-8 of 8 and 8-14 of 41, La. Ex. 119 pp. 13-22.) (a) Is part or all of this area an overlarge bay as provided for by Article 7 of the Convention on the Territorial Sea and the Contiguous Zone and if so, where is its western natural entrance point? 8. From West Bay to Pass Tante Phine. (U.S.C. & G.S. Chart No. 1272; Maps 7 and 8 of 8, La. Ex. 119 pp.14-15.) PAGENO="0088" 1406 (a) What are the means of proof recognized by the Convention on the Per- ritorial Sea and the Contiguous Zone for ascertaining whether particular ele- vations are above the level of mean low water? (b) Does the Convention on the Territorial Sea and the Contiguous Zone control the kind of evidence that may be introduced in this case to identify low-water lines ? (c) Is Louisiana entitled to submerged lands measured from such low- tide elevations or low-water lines as shown on Chart No. 1272 between Pass du Bois and Pass Tante Phine but not shown on Maps 7 and 8 of 8, irrespective of evidence to the contrary ? (d) Where are there low-tide elevations or low-water lines in this area? (e) Have there been changes in the coast line that would affect the future distribution of revenue.s heretofore accrued since June 5, 1950, and if so, when did the changes become effective? 9. Prom Sandy Point Bay to Scofield Bayou. (U.S.C. & G.S. Chart No. 1272; Maps 8 `of 8 and 8 of 41, La. Ex. 119 pp. 15-16.) (a) What are the means of proof recognized by the Convention on the Ter- ritorial Sea and the Contiguous Zone for ascertaining whether particular ele- vations are above the level of mean ion water'? (b) Does the Convention on the Territorial Sea and the Contiguous Zone control the kind of evidence that may be introduced in this case to identify low water lines? (c) What is the mean low water line between 89 30 W and 89 32 W'~ (d) Have there been changes in the coast line that would affect the future distribution of revenues heretofore accured since June 5 1950 and if so when did the changes become effetive'? 10 Caminada Barataria Bay complex (U S C & G S Chart No 1273 Maps 10-12 of 41, La. Ex. 119 pp. 18-20) (a) Should islands or low tide elevations be regarded as forming separate mouths of a bay if one or more direct lines could be drawn between other natural entrance points of the bay so as to run wholly seaward of such islands or low tide elevations (c) Do Grand Isle and the Grand Terre Islands form such separate mouths of the Caminada Barataria Bay complex'? (c) Where are the natural entrance points of the Caminada Barataria Bay complex'? 11 Caillou Bay (U S C & G S Chart No 1275 Maps 19-22 of 41 La Ex 119 pp 27-30) (a) Should the Isles Dernieres be considered part of the mainland'? (b) Is Caillou Bay a bay as defined by Article 7 of the Convention on the Territorial Sea and the Contiguous Zone'? (c) Is Caillou Bay a historic bay under principles of international law'? (d) Did actions of the United States prior to this suit have the legal effect of utilizing straight baselines to close Caillou Bay'? (e) Should islands or low tide elevations be regarded as forming separate mouths of a bay if one or more direct lines could be drawn between other natural entrance points of the bay so as to run wholly landwarcl of such islands or low tide elevations'? (f) Do the Isles Dernieres form such separate mouths of a bay between the points x=2 157920 y=1'35 521 and x=2076 730 y=189630'? (g) Where are the natural entrance points of Caillou Bay (h) If Caillou Bay is inland waters how is the three mile belt measured south of the Isles Dernieres (i) Have changes in geographical configurations divested Louisiana of title to any submerged lands in this area'? (j) Ha~ e changes in law divested Louisiana of title to any submerged lands in this area'? 12 Atchafalay-a Bay (U S C & G S Charts Nos 1276 and 1277 Mays 25-26 of 41 and 1-5 of 5 La Ex 119 pp 33-~39) (a) Are there low tide elevations west of Point au Per that should be con sidered part of the mainland'? (L S C & G S Chart No 1276 Map 1 of 5 La Ex 119 p 34) (b) Should the Shell Keys south of Marsh Island be considered part of the mainland' (U S C & G S Chart No 1277 Map 4 of 5 La Ex 119 p 37) (c) Where are the natural entrance points of Atchafalaya Bay'? (d) If the distance between the natural entiance points exceeds 24 miles n here should the closing line or lines be drawn'? PAGENO="0089" 1407 B For the purposes of the present cross motions for entry of a second supple- mental decree as to the State of Louisiana, the parties agree to accept the set of 54 maps filed with the Special Master as correct representations of the pres- ent high- and low-water lines, with the following exceptions: (a) The United States reserves the right to show that the spoil bank shown on Map 8 of 8 as extending westward from the northern headland of Pass Tante Phine has ceased to be above the level of mean low water; (b) The United States reserves the right to show that the mean low-water line west of Sandy Point Bay between 89° 30' W. and 89° 32' W. differs from that shown on Map 8 of 41; (c) Louisiana reserves the right to show that in the area from Pass Tante Phine running southerly to the vicinity of the mouth of Pass du Bols, in addition to the low-water lines reflected on Map 8 of 8, there are more seaward mean low- water lines marked on large scale charts officially recognized by the coastal state, which must be given effect in delimiting Louisiana's coast line; (d) Louisiana reserves the right to show that in the area of East Bay, seaward of the mean low-water line reflected on Map 4 of 8, in addition to said mean low-water line there is an additional mean low-water line configuration which is marked on official large scale charts officially recognized by the United States, and which should be given full effect by the Master; (e) Louisiana reserves the right to show that Islands or low-tide elevations exist south of the mouth of South Pass that were not reflected on Map 4 of 8; (f) It is agreed that they coordinate of the mudlump east of Pass a Loutre, shown on Map 2 of 8, La. Ex. 119 p. 9, as x=2,754,100, y=189,915, should be y= 186,915. This agreement to accept as correct the water lines shown on the set of 54 maps does not preclude the parties from introducing evidence, not inconsistent with those maps, of geological, physical, or other facts, including but not limited to water depths, inland portions of water lines left Incomplete on the set of 54 maps, particularly inclusion of tributary waters in measurements for the semi- circle test, and conditions that existed prior to the surveys on which the 54 maps were based. Also, the parties may show the history and usage of these areas. Neither will acceptance of the 54 maps for the purpose stated preclude the parties hereafter, on future motions for entry of further supplemental decrees to have only prospective effect, from showing changes from the condi- tions on the 54 maps. Neither does this agreement imply that the parties accept as correct the methods used in making the 54 maps. C With one exception, the parties ~tgree that all Issues should be presented to the Special Master for decision, even though his conclusions as to some may eliminate others. This will enable the Supreme Court to have the benefit of his views on every point that may become material to its disposition of the case. The United States makes. an exception with respect to the issue stated as question (c) under area 1 and as issue (j) under area 11-that is, whether changes in the law have divested Louisiana of title to any submerged lands In those areas. Specifically, this is Intended to raise the question of whether the United States can diminish a State's submerged lands by entering into an international agreement that defines inland waters in such a way as to exclude areas formerly recognized as inland waters. The United States does not believe that this question arises on the facts of this case, because it does not believe that any waters not within the definition of inland waters under the Conven- tion on the Territorial Sea and Contiguous Zone were previously recognized as inland waters. Whether a treaty could have the effect that Louisiana attributes to the Convention on the Territorial Sea and the Contiguous Zone is a consti- tutional question of great importance, which the Supreme Court has heretofore avoided considering. See United states v. California, 381 U.S. 139 at 168 (1965). Adequate consideration of the question would require an extended study of constitutional law and history. It is a general question of constitutional law, decision of which will not depend in any way on the peculiar facts or legal issues of this case. Accordingly, the United States sees no reason to suppose that the Supreme Court would find it necessary to remand the case to the Special Master for advice on this point, if he should have found It unnecessary to reach the question, and the Supreme Court should conclude otherwise. For these rea- PAGENO="0090" 1408 sons, the United States urges that this question not be briefed or argued here unless the Special Master himself concludes that he cannot decide the case without reaching this question, in which event he should then call for supple- mental briefing and argument by both parties on this point. Louisiana contends that the United States has recognized preserves or reserved areas as inland waters and that neither subsequent treaties nor subsequent abandonment of these areas can deprive Louisiana of these areas except as the same may extend beyond the limits set in Act 33 of 1954. Louisiana's position is that the treaty could not constitutionally divest Louisiana of property and if the Special Master finds the effect of this treaty purports to work such a divestiture, the constitutional ques- tion must be considered. The parties suggest that one month before the opening of the trial, the parties shall furnish to the Special Master and to the other party a list of the documents they then intend to introduce and a list of the witnesses they then intend to call, with a brief description of each witness' qualifications, the facts to which he will testify, and the documents to which he will refer. With such list, the parties shall furnish copies of all unpublished documents listed, or of the parts thereof to be relied on. If, after expiration of the time for submitting such lists of witnesses and documents, unforeseen circumstances make it necessary for a party to pre- sent a witness or document not listed, the party, immediately upon becoming aware of such circumstances, shall furnish such information to the Special Master and to the other party. These requirements shall not apply to witnesses or documents used on rebuttal. The parties stipulate that copies of the documents may be introduced in lieu of originals, and that authenticity of documents and accuracy of copies need not be proved unless challenged within 20 days after receiving.a copy or controverted by evidence at any time. Respectfully, ERWIN N. GRIswoLD, Solicitor General of the United States. JACK P. F. GREMILLION, Attorney General of Losisiana. December 1969. STATEMENT SUBMITTED BY THE HONORABLE RONALD REAGAN, GOVERNOR, STATE OF CALIFORNIA STATE OF CALIFORNIA, GovERNOR's OFFICE, Sacramento, Calif., May 12, 1972. Hon. HENRY M. JACKSON, Chairman, Committee on Interior and Insular Affairs, U.S. Senate, Washington, D.C. DEAR SENATOR JACKSON: Thank you for your letter of April 14, 1972, and for the opportunity to comment on the various aspects of the Outer Continental Shelf petroleum operations. This nation faces a very real and pressing energy crisis and California has a particularly acute energy problem in that we are a deficit state in regard to oil, gas, and hydroelectric power. Although the third ranking oil producer in the nation, California must still import approximately one-third of its petroleum and * three-quarters of its natural gas. Some 95 percent of our total energy needs are met by oil and gas; therefore, policy concerning offshore production is of particu- lar importance to us. Two aspects which we consider of utmost importance are 1. That California should regulate Outer Continental Shelf petroleum opera- tions. California has the staff, the expertise, and the ability to regulate all oil and gas operations off the California coast. Starting in 1968, personnel from the Resources Agency have met with their federal counterparts to discuss this problem. In 1969, the State Senate passed a resolution memorializing the President and Congress to transfer regulatory au- thority to the State. I have made personal requests to the Vice President and the Secretary for the Resources Agency, Mr. Livermore, has discussed this pro- posal with the Secretary of the Interior. Our requests have been continually denied. California has an unparalleled record of safety and quality regulation in our offshore waters. Of the more than 4,000 wells and coreholes drilled, there have been no pollution incidents. PAGENO="0091" 1409 The Federal record is not as impressive. Blowouts and fires have occurred on platforms in the Gulf coast. The only blowout offshore front California was in federal waters. 2. California and other states with OCS oil production should share, to some degree, in the revenue from OCS operations. It is necessary for the adjoining counties to fill the needs of the producers in terms of law enforcement, fire pro- tection, schooling, etc., but they are unable to assess ad valorein tax on the property or collect sales tax on goods sold to the offshore operators. In answer to the specific questions raised by the Senate Committee, we are forwarding a statement detailing California's position umler separate cover to Mr. William J. Van Ness, Chief Counsel to the Committee and Study Director of the National Fuels and Energy Study. We are also enclosing two reports: (1) A comprehensive publication entitled "The Offshore Petroleum Resource," which deals mainly with state-owned tibelands, and (2) the results of a fact-finding committee formed following the Santa Barbara Channel incident entitled "Re- port of the Ad Hoc Committee, State Regulations and Practices, Oil and Gas Operations and Oil Pollution." Thank you again for the opportunity to comment on these vital questions. Your committee is to be commended for this investigaion. Sincerely, RONALD REAGAN, Governor. Enclosures. PAGENO="0092" 1410 STATE OF CALIFORNIA-RESOURCES AGENCY RONALD REAGAN 0 DEPARTMENT OF CONSERVATION DIVISION OF FORESTRY DIVISION OF MINES AND GEOLOGY DIVISION OF OIL AND GAS DIVISION OF SOIL CONSERVATION Honorable Norman B. Livermore, Jr. Secretary, Resources Agency 1416 Ninth Street Sacramento California 95814 Dear Mr. Livermore: Transmitted herewith is The Offshore Petroleum Resource a report by the Department of Conservation in response to Cabinet Issue Memo R-70-14. TIus report contains three sections The first descnbes the resource as it is known at the present time The second section details the development of the resource to date, the various agencies having regulatory responsibilities, and the "state of the art" of drilling and production technology. The third section discusses various impact areas in relation to the development of the resource. This project was coordinated by the Division of Oil and Gas and includes major contributions by the State Lands Division and the Division of Mines and Geology. Other contributions were made by: California Advisory Commission on Marine and Coastal Resources Department of Commerce Department of Conservation Department of Finance Department of Fish and Game Department of Navigation and Ocean Development Department of Parks and Recreation Department of Water Resources Environmental Quality Study Council Office of Emergency Services State Water Resources Control Board SACRAMENTO, CALIFORNIA 1416 NI,Ih SIreet Sincerely, James G Stearns Director CONSERVATION IS iii WISI USE-KEEP CALIFORNIA GREEN AND GOLDEN PAGENO="0093" 1411 THE OFFSHORE PETROLEUM RESOURCE ABSTRACT Following the blowout at Platform A in the Santa Barbara Channel, in federal waters, national attention was focused on the problems of offshore petroleijm development. The purpose of this paper is to fill a need for an official, factual report on the factors that affect the recovery of offshore oil. Some 85 percent of the nation's energy is supplied directly or indirectly by the fossil fuels, such as petroleum and natural gas. California is the third-ranked oil-producing state and about 30 percent of this production comes from fields on the continental shelf. The continental shelf of California is a submerged portion of the continent and consists of an area of 35,000 square miles. It is 15-30 miles wide north of San Francisco, but fans out to more than 160 miles at the Mexican Border and includes the offshore islands. By a decision of the Supreme Court the portion of the shelf under state control extends three miles out from the coast. The State Lands Division estimates that the potential oil reserve for the continental shelf in waters up to 200 fathoms (1200 feet) in depth at nearly six billion barrels. The potential reserve for the entire Santa Barbara Channel, including both federal and state waters, has been estimated at four billion barrels. These potential reserves can be compared to an estimated proved reserve of 5.7 billion barrels for the state, both onshore and offshore. To date the direct revenue to the state from royalty and bid bonuses is in excess of $786 million and if drilling and production were to continue on the existing 131 state leases the additional estimated income would be $258 million. It has been further estimated that if leasing were renewed that in excess of one billion dollars in revenue would be forthcoming. In the past this income has primarily benefited the water and education funds. If all state leases were terminated, there would be several sizable economic losses. One.is the cost of litigation from the canceling of contracts; these costs cannot be accurately estimated. (The question of liability of the state, if any, is beyond the scope of this paper.) Second. there would be a loss of direct revenue to the counties from ad valorum taxes, which at present totals $ 17 million per year. Third, there would be a loss of salaries from employment which now totals about $40 million per year. Fourth, there would be a loss of benefits to the local communities derived from the cost of developing the properties. As a result of the blowout, many law suits have been filed, some by private citizens, two by the State of California in conjunction with several cities and counties, one against the involved companies, and another against the U. S. Government. Certain offshore petroleum sanctuaries have been established by the state and federal governments. State-owned lands presently excluded from leasing total 2,574,000 acres. Several bills before the state legislature propose to establish additional sanctuaries on state lands. A number of bills have also been introduced in the U. S. Senate and the House of Representatives to extend sanctuaries on federal lands. California oil operators pioneered the discovery and development of offshore petroleum deposits and the technology of marine drilling and production. The first offshore drilling was from piers but as oil was found further from shore, drilling and production operations were extended to man-made islands, fixed drilling platforms, and floating drilling units. Work on subsea equipment, so that there is no need for permanent above-water installations, is progressing but has not as yet been completely developed. Industry in California has an enviable record of safe operation. From 1957 through 1968, V PAGENO="0094" 1412 682 wells were drilled on state offshore leases under state regulation and jurisdiction other wells were slant-drilled into offshore lands from upland drillsites. In addition, 708 offshore core holes were drilled under state regulation and supervision, 465 of which were on what is now designated federal OCS lands. No significant oil spill resulted from the drilling of any of these wells. Several state agencies have jurisdiction, principally the Division of Oil and Gas,which has regulatory functions, and the State Lands Division, which represents the state as the landowner. The State of California has a comprehensive set of offshore regulations to ensure safety. The problem of compatibility of offshore oil development and the purely esthetic value of the scenic coastline can never be completely resolved because esthetics have a different connotation to different people As previously mentioned the petroleum industry is attempting to develop underwater completion methods and has engaged in a beautification of their onshore facilities connected with offshore production. Offshore petroleum development operations affect the ecology of the ocean This effect may be either beneficial or harmful to marine life. Large fish populations have become established around platform installations. The real danger to the ecology from offshore oil operations or from petroleum tanker traffic is that of an oil well blowout or an oil spill. It has generally been found that the cleanup operations are more harmful to the animal life than is the oil spilled Chemical methods used at the TORREY CANYON spill and the steam cleaning of the rocks at Santa Barbara are examples. The most readily ascertainable loss of wildlife directly attributable to the Santa Barbara oil spill was that of the aquatic birds the estimated loss was 3 700 Not all marine biologists are in agreement on the ecological effects of an oil spill The ability to contam an oil spill on tbe water surface is dependent primarily on wind and sea conditions At present there is no proven method of containing oil in the open sea although such an operation can be accomplished in protected harbor areas by utilizing booms and skimming equipment Following the TORREY CANYON incident the President directed federal agencies to prepare for such an emergency and as a result the National Oil and Hazardous Substances Pollution Contingency Plan became operational m September 1968 In early 1969 the state replaced the then existing 1968 Marine Chemical Spill Disaster Control Plan with the present California Oil Spill Disaster Contingency Plan If offshore oil operations were terminated, the resultant increase in imports by oil tankers would vastly mcrease the chances of an oil spill A study of spills which occurred throughout the world during the period 1956 through 1969 showed that fully 75 percent of all major spills originated from vessels and approximately 70 percent of these occurred within one mile of shore The three major spills that occurred off the California coast since February 1969 originated from tankers vi PAGENO="0095" TABLE OF CONTENTS Page No. Letter of Transmittal iii Abstract v Summary 3 Section 1 - The Resource Physical Description of Area 37 Section Il - Development, Regulation and Technology History of Offshore Oil and Gas Operations Offshore Oil and Gas Regulations . Drilling and Production Technology Safety and Prevention of Pollution . Containr~ient Methods Oil Recovery and Removal Methods Contingency Plan Sources of Spills Oil Detection and Identification Petroleum Sanctuaries 67 76 80 93 99 106 113 115 127 * 128 134 147 155 168 169 174 183 1413 Geology Petroleum Provinces . Oil and Gas Fields . . Geologic Hazards 37 39 48 48 Natural Seeps 52 The Oil Well Blowout in Santa Barbara Channel Section III - Impact Areas Ecological Impact of Offshore Oil and Gas Operations Economic Impact Esthetics Navigation and dcean Traffic Legal Impact Selected Bibliography Appendix vii PAGENO="0096" 1414 List of Figures Figure S-i Man made Drilling Island in Long Beach Harbor 26 S-2 Mobil Oil Corporation Drilling Rig Disguised as a Lighthouse and Used for Development of Venice Beach Offshore Field 27 S 3 Deserted Oil Well Along Southern California Coast 28 S-4 Sources of Spills and Types of Petroleum Spilled 33 I-i Subsea Oil Seep Off Coal Oil Point, 1970 57 I 2 Subsea Oil Seep Near Isla Vista 58 I 3 Oil Film Appearance and Effective Thickness as a Function of the Mass of Oil Collected 64 II I Man made Dnlling Island With a Causeway 83 II 2 Fixed Platform Hazel 84 II 3 Typical Jack up Platform 86 1! 4 Jack up Platform Pacific Driller 87 Ii 5 Semisubmersible Platform Blue Water II 88 II 6 Free Floating Drilling Ship Glomar Challenger 90 II 7 Typical Sea Floor Production Well head 91 II 8 Simplified Cutaway View of Blowout Preventers 96 II 9 Typical Sea Floor Blowout Preventer Stack 97 1110 A Flexible Bouyant Deep curtained Boom for Oil Spill Control 101 1111 Oil Droplets Are Torn Off Lee Side of Head Wave Above a Current Velocity of Approximately 0 85 ft /sec 102 1112 Schematic Diagram of Air Bubble Barner 104 1113 Pneumatic or Air Bubble Barrier in Operation 105 1114 U S Coast Guard s Projected Oil Spill Prevention System 107 1115 Skimmer Boat 108 1116 Sectional View of Husky Model SBG Offshore Oil Slummer 109 11-17 Workmen Spreading Straw on Beach at Santa Barbara to Absorb Oil 111 11-18 Sources of Spills and Types of Petroleum Spilled 117 viii PAGENO="0097" 1415 Figure Page 11-19 Platform A With Oil and Gas Bubbling Up Near NE Leg of Platform Following Blowout on January 28, 1969 . . . . 125 11-20 Platform A Sixteen Days After the Blowout 136 11-21 Oil Covered Sea Wall After the Blowout 140 11-22 Same Sea Wall After Cleanup 141 11-23 Small Boat Harbor Contaminated With Oil Following the Spill 142 11-24 Same Harbor From Different Angle After Cleanup 143 111-1 Drilling Guide Cups and Cross Members at 40-foot Depth on "Hazel", Showing Pipe Used as "Scratching-post" by Fishes 148 111-2 Kelp Scallops and a Sheep Crab on Platform Hazel 149 111-3 Bay Mussels Crowding Out Kelp Scallops on "Hazel" 150 111-4 Man-made Drilling Island in Long Beach Harbor . 170 111-5 Mobil Oil Corporation Drilling Rig Disguised as a Lighthouse and Used for Development of Venice Beach Offshore Field 171 111-6 Deserted Oil Well Along Southern California Coast 172 ix 77-463 0 - 72 - pt 3 - 7 PAGENO="0098" * 1416 List of Maps S-i Geological Map of California Showing Principal Faults in Relation to Geomorphic Provinces 4 S-2 Map of California Showing Offshore Sedimentary Basins 6 S-3 Santa Barbara Channel Leases and Sanctuaries 7 S-4 Southern California Offshore Area Leases and Sanctuaries 8 S-5 California Offshore Borderland, Point Conception-Ventura, Showing Sea Floor Oil Seeps 13 S-6 California Offshore Borderland, Dume Point-Dana Point, Showing Sea Floor Oil Seeps 14 S-7 Oil and Gas Sanctuary Areas 19 S-8 Recommended Vessel Traffic Lanes 34 I-i Geological Map of California Showing Principal Faults in Relation to Geomorphic Provinces 38 1-2 Map of California Showing Offshore Sedimentary Basins 40 1-3 Map of California Showing Approximate Locations of Earthquake Epicenters 51 1-4 Map of California Showing Location of Natural Oil Seeps 54 I-S Map of Europe Showing Natural Oil Seeps 11-1 Offshore Oil Pipelines (Southern Portion) 119 II 2 Offshore Oil Pipelines (Northern Portion) 120 11-3 Oil and Gas Sanctuary Areas 131 ill I Recommended Vessel Traffic Lanes 173 x PAGENO="0099" 1417 List of Tables Table Page S-I California Offshore Oil and Gas Fields 9 S-2 Resume of Production-California Offshore Fields, 1970 10 S-3 Oil and Gas Revenues, 1955-56 Through 1970-7 1 16 S-4 Distribution of Oil and Gas Revenues, 1955-56 Through 1970-71 16 1-1 Potential Oil Reserves in Offshore Basins to 200 Fathoms 41 1-2 Resume of Production--California Offshore Fields, 1970 49 1-3 California Offshore Oil and Gas Fields 50 1-4 Summation of Hazards to Oil Installations Due to Earthquakes 53 I-S Catalog of Oil Seeps 59 11-1 Operators of Oil and Gas Leases in State-Owned Waters 77 11-2 Effectiveness of Chemical Methods Under Various Operational Conditions 114 11-3 Major Oil Spills Near the U.S. From 1956 to 1969 118 11-4 Offshore Oil Pipelines 121 11-5 Tanker Mooring Facilities 123 11-6 The Nixon Proposal, Federal Leases to be Terminated 133 111-I Oil and Gas Revenues, 1955-56 Through 1970-71 156 111-2 State Lands Commission, Oil and Gas Revenue Summary, Fiscal Year 1955-56 through Fiscal Year 1970-71 157 111-3 Projected Oil and Gas Revenues Before Drilling Moratorium 158 111-4 Projected Oil and Gas Revenues After Moratorium 158 111-5 Monthly Employment and Quarterly Wages in the Oil and Gas Extraction and Related Industries in Selected Counties in California, July 1968-June 1969 160 111-6 Offshore Oil Operations, Estimated Revenues Received by Counties Through Ad Valorum Taxes, 1970-71 Fiscal Year 161 111-7 State Beach Attendance 1967-68 Compared to 1968-69 164 111-8 Distribution of Oil and Gas Revenues 1955-56 Through 1970-7 1 165 xi PAGENO="0100" 1418 SUMMARY INTRODUCTION 3 Following ~he ojl well, bJpw.quUr~ federal waters in the Santa Barbara Channel on January 28, 1969 and the subsequent oil p6lltition national attention focused on the inherent problems of offshore petroleum development Furthermore attention focused on the greater problem of the overall pollution Of man s environm~fi~ concern for a cleaner environment is ~not the exclusive1domain of conservation groups but is shared by the State of California Some 85 percent of the nation s energy is supplied directly or indirectly by the foss~I fuels~such as petroleum and natural gas California is the third ranking oil producing state and oil is the state ~ number one natufal teso~rce About 30 percent of it comes from fields on the offshore continental shelf. Oil, like gold, is where you find it. Roughly half >f'California's oil reserves a~e found in the~ populous southern portion of the state. In order for these petroleum resources to be effect1v~ly, effibientl~ and safely developed for the maximum benefit of the people of the state, more must be understood about the interplay~of scientific economic and social disciplines that relate to these operations The purpose of this paper is to fill the need for an official factual report on t~e factors of ecology economics esthetics petroleum technolo~y geology legal implications possil~!e sources of pollution the methods for containment recovery and prevention of pollution £tnd ihe roles of the vanous regulatory agencies / THE RESOURCE The continental shelf ~Jof California consists of an area of 35 000 square miles about one fifth the size of that of the land area of the state (Map S 1) North of San Francisco the shelf is 15 to 30 miles wide but it fans out to the south and is more than 160 mile& wide at the Mexican Border The depth of the wate~ vanes out to the edge of the shelf where the maximum ranges from 600 feet in the north to 5 000 feet in the south The Supreme Court of the United States in 1966 ~ explicitly delineated the area that the state may exploit for mineral extraction and it can be approximately çlefined as the area between the coast of California or that of the offshore islands and a line three ~ographical (nautical) miles seaward the total area is about 4 700 square (nautical) miles or slightly over 13 percent of the shelf Not all this area is owned by the state portions have been granted to cities therefore the distinction is here made between state owned and state regulated lands The continental shelf is topographically and geologically an extension of the adjoining coast Relatively little sea floor geologic mapping has been done however the main structural trends have been projected with the offshore islands serving as'valuable tie in points Most of the geologic studies have been made in the Santa Barbara Channe' area because of its economic importance Additional statewide investigations by the Division of Oil and Gas State Lands Division and the Division of Mines and Geology are in progress ~ "Continental Shelf" is here defined as "the zone around the continent extending from the low water line to the depth at which there is marked increase of slope to greater depth". Amer. Geol. Inst., 1962. . 2/ Appendix I-A PAGENO="0101" 1419 GEOLOGICAL MAP OF CALIFORNIA SHOWING PRINCIPAL FAULTS IN RELATION TO GEOMORPHIC PROVINCES Division of Oil 8 Gas SCALE I 50 lOOni. JUNE lab (4) PAGENO="0102" 1420 5 Oil and gas are found in areas where sedimentary rocks have been deposited An area of this type of deposition in which the strata dip inward is called a basin There are nine major sedimentary basins along the Californizt coast and each of these extends into the continental shelf The two southernmost basins Ventura Santa Barbara and Los Angeles are areas of major oil and gas development onshore and presently are the only ones with oil production offshore (Map S-2). Of the 18 producing oil fields off the California coast, only one is wholly within federal wliters. Another field overlaps the three mile line and contains both federal and state leases Seven of these fields also produce onshore There are five productive dry gas fields or zones on the shelf and they are all in state waters (Map S-3, S-4 & Table S-l) Through 1970, the cumulative offshore production was more than 1.21 billion barrels of oil and 1.07 billion Mcf. of gas; of these quantities, 1.18 billion barrels and 1.04 billion Mcf..V were from state-controlled lands. During 1970, offshore production from state fields was about 79 million barrels of oil and 58 million Mcf of gas (Table S 2) The estimated known or proved reserves with current operating practices for fields on state-controlled lands (including Wilmington field) are about 1.0 billion barrels ofoil and 1.1 billion Mcf of gas In comparison the estimated proved reserves for the entire state are 5 7 billion barrels of oil. Two methods of stating oil reserves are as proved reserves or potential reserves proved reserves are those known to exist and potential reserves are those presumed to exist Before development began in federal waters, it was estimated that the potential oil reserves in the Santa Barbara Channel were 4 0 billion barrels Subsequent development of Dos Cuadras and Carpinteria Offshore fields have made proved oil reserves about 250 million barrels Recent discoveries by Humble Oil and Refining Company and Mobil Oil Corporation in the channel are reported to have possible reserves on the order of 1 0 billion barrels of oil State Lands Division has estimated the potential oil reserves under all California coastal waters to the 200 fathom line to be nearly 6 0 billion barrels 2J Mcf. = thousand cubic feet PAGENO="0103" 1421 MAP 0-2 MAP OF CALIFORNIA SHOWING OFFSHORE SEDIMENTARY BASINS STATE LANDS COMMISSION DIVISION of STATE LANDS SCALE 0 50 I00m~. JUNE 970 AREA WITHIN 200 FATHOM WATER DEPTH LA HONDA SALINAS YEN WRA-SANTA (6) PAGENO="0104" :~ SANTA BARBARA CHANNEL LEASES AND SANCTUARIES PAGENO="0105" MAP S-4 DIVISIOPI O~ OIL £ GAS SOUTHERN CALIFORNIA OFFSHORE AREA LEASES AND SANCTUARIES 00 BARBARA I DIEGO PAGENO="0106" 1424 1,00 - - ,1l 01 C Or:?) lyp 9945 _______ 41.~,1. 081.4,.. 77.p33 (1910) Oslo.... 1.91..... Fs16.d ...11.11.. sto.o1..~ b..~.I... 81... 8~9.l.,b... 3).51* 15315*5 *31.3/.5. 36 (.q.1.9..1. 088.8.,. 10,435543 (1969) 5/8.p869. 2. 511..~. 52316.6 ..91111.,. 51s1fo~~ 5.661 & 8.~. 1/5.7.96. 1. Pl1.s~. (6o.o.); 83$... (5.1.028 7..,. 298) Oop*. 5/6.p.oo. 1.511..... 6,os46, (s.d.) ~I5.p.6.* 511.,... 0,.1 011 5,1,9 4ff.4~.. 232,136 (1966) 0.qo~o. 1. 21.2... 4.61s11.* F1..1i.~ b..~./... 21... 0*.108911*3 051.1.... 5,001,722 (1964) Osq...o. 1. 01.~.. 6491,21,. 51*48o1l~ 5.1*7 19*9,.., (2..., 9..b...) d1s~.1. 0194.,... .15 21,oo I,.... 028.4... 64,694 (1963) d0.~.1. 011~oo~l 6491,11,. 51.68,.. 8.6., ". 19,835.154(19*3) .==_10. 155s. 602/4.~.29. 511.,... ~ 366011 64... 802/5.9..86o 521.8... 51...d, of 5.41.. 5508 7,788,062 (1936) RIo*.. 21~*.6. 6491611... 1.086. (51 36.8... 1,1,6.1.34.3.) off ............) 1930 13,796,202 (1957) 0.1.,54.64. (0600.9. 5.o1o.d ..11.11,l 2 500.1./U *33085. 51.08051055*5 61.01 ~ ~ 1953 608,693 (2958) Co1os1./6..p~ ~ 5..1o.d .54.1129.546* 2 64.94/025408.9, 36.4... 1953 352,539 (1997) N~p~0/Po.66. (*3,..,. 5..16.d ..96,219. 06...s* 36.6.1. 5,6,6 (.6..p91.. 226.8... 1965 153,617 (1970) 64.... 190.05 6466,14.. 1..... 00.4... 61,19,off.8,ss .5.. 2930 6,271,457 (1960) 94p&4.6..s.d., 6 561.,~~* F..22.d .996.11,. l.p.61005010.... 1956 257,170 (1958) 2.4./5*3.6. 026,.... 5.,16.d .061.16.. 0*639... 00.405. (2... 606.1..) 0.4 60,/5,..6. 006,.... 0s4,.l.so4,ff~4,,, 6966 944,354 (1968) 204136 ...S1.s... 006.,.,. .4/UloIth..... 455.9.09 1s44.1/36.*..9, 36.4... 012,1 los, .58.8.,. 1909 04,775,054 (1969) 9.5/6.5.690 2. 511.~,,. 5.0*6.0 ..61.110. $.81.,/J.s...6. 0.0..d. 0,1...,,, 0416., 5940 os M~.1..) 2...~.,/8.p6o. I 1.511...,... 3,22811, 5s..ss* 8~. (0...~.) 2,133,308 (1967) 7../l.p.61o I. 51130.9. ... 2s1~d 1.36., (.11.04. 080.4.,. C.. 4.284,901 (1967) (99..so. 2.06,.,,. £6l,.6./01158001. 154.16..s b..s.I... floo. 0.. 2~,. ($.06o*..b.o.) 3,274,299 (1963) 0.~....,. 2.04.,.,. ... 51.68... 6.1.. 0.36,6. 028.4... 0*. 8,994,673 (1964 0.~.... 154...,. 1 ... 365485. 3614.. 010.8... 1.~ 30,576,437 (1967) ~ ~.: dths.6./060....s. 5102665$ 615.1/115 51261 (9) PAGENO="0107" TABLE S-2 - 0 RESUME OF PRODUCTION - CALIFORNIA OFFSHORE FIELDS - 1970 Oil field or area Average number Actual A producing wells ctual & Potential Oil (bbL) Water (bbl.) Gas (Mcf.) Cumulative Oil (bbL) production Gas (Mcf.) Alegria, offshore 1 1 77,033 4,764 182,246 1,379,193 231,292 29,494,717 2,679,739 28,673,152 Belmont Offshore 85 105 3,474,568 1,388,759 Carpinteria Offshore 1,454,912 13,859,819 9,282,094 State waters 60 66 2,492,765 2,107,486 14,145,459 10,382,624 Federal waters 56 61 5,153,284 2,466,343 139,600 1,141,643 2,835,933 Coal Oil Point Offshore 3 3 64,919 151,185 20,424,471 11,879,751 Conception Offshore 22 45 400,579 2,639,572 39,861 611,400 6,747,551 Cuarta Offshore 3 9 11,269 210,309 Dos Cuadras Offshore . 22,999,352 10,593,991 Federal waters 94 100 19,835,134 1,043,726 9,326,916 76,166,430 64,299,949 Elwood, offshore area 14 49 129,194 1,227,663 4,914,386 6,333,151 Eiwood, South, Offshore 11 13 921,476 154,272 3,969,169 373,049,877 104,870,741 Huntington Beach, offshore area 516 620 11,746,768 32,594,693 0 4,834,837 3,242,743 Montaivo, West, offshore area 7 11 112,327 97,380 3,421,399 1,120,908 Newport, West, offshore area ° 14 16 119,566 141,968 59,478 153,617 59,478 Point Conception tall offshore) 3 3 153,617 193,727 461,425 26,996,039 29,687,107 Rincon, offshore area 70 114 567,091 544,348 22,746,440 75,381,228 Summer)and Offshore 27 46 901,731 557,907 121,459 3,908,748 3,088,755 Torrance, offshore area ° 24 30 95,833 1,424,096 914,284 Venice Beach, offshore area ° 5 6 266,182 1,519,579 18,947,975 598,088,642 374,412,493 Wilmington, offshore area ° Totais 1,000 1,396 57,692,967 135,970,809 2,015 2,694 104,216,303 183,443,527 46,986,112 1,218,612,664 746,485,672 Dry gas field or zone Belmont Offshore - Gas Zone 1 2 0 76,920 2,793,980 3,645,417 25,370,660 Ca)iente Offshore Gas 2 3 18,137 0 204,868 11,851,311 Cuarta Offshore - Gas Zone 2 2 3,773,377 66,320,768 Gaviota Offshore Gas 3 3 67,408 183,174,018 Molino Offshore Gas Totals 8 10 21,502 16 20 * 107,047 25,793,815 290,362,174 °Granted iaeds PAGENO="0108" 1426 REGULATION 11 There are three levels of government, federal, state, and local, which regulate offshore oil and gas operations. In state waters the principal agencies and their generalized duties are: Division of Oil and Gas Supervision of oil and gas drilling and producing operations State Lands Division Specific land-management responsibilities of leasing and developing state-owned lands Department of Fish and Game Protection of marine life Water Resources Control Board Protecting and enhancing the quality of waters of the state Division of Industrial Safety Workers safety through inspection of operations and of construction work SANTA BARBARA OIL WELL BLOWOUT On February 6, 1968, at a lease sale in Los Angeles, the Federal Government accepted the highest bids for oil leases on 71 tracts in the Santa Barbara Channel from 20 companies, acting alone or in partnerships. An oil discovery was made the following month on Tract 402, a parcel leased by a group consisting of Union Oil Company of California Gulf Oil Corporation Mobil Oil Corporation and Texaco Inc., with Union Oil Company of California acting as the operator. The field was named Dos Cuadras. In September 1968, Platform A was set into position about five and one-half statute miles off the coast in 188 feet of water. The platform, designed to accommodate 54 producing wells, was equipped with both a conventional and a tilted drilling rig. Development drilling from the platform, which began in November 1968, was stopped when the fifth well, No. 402-A-2l, blew out on January 28, 1969. The well, which had been approved by the U. S Geologic Survey Distnct Engineer was at a total depth of 3 479 feet and the drill pipe was being removed from the hole so that an electric log could be run, when gas began blowing at the surface through the drill pipe. The crew took various steps to shut in the well; finally they were forced to drop the drill pipe down the hole and the well was successfully contained by closing the rams on the blowout preventers. Pressure from the lower zone (top at approximately 3,000 feet) overpressured the shallower Brown zone (top at approximately 400 feet) and the successful containment was short-lived, as there was insufficient overburden above the bottom of the surface casing to contain the pressure from the lower zone within the well bore. Oil and gas erupted from the sea floor to the surface of the ocean. During the ten days of uncontrolled oil flow from the ocean floor the flow rate was variously estimated to be between 500 and 16,000 barrels per day. Further operations were undertaken in the well to cement off the lower zone and thus retain the pressure within the zone. After ten days, this was successful. Oil still seeps from the shallow zones through fractures to the ocean floor although most of it is being captured by submarine tents. PAGENO="0109" 1427 At first, following the blowout, containment and removal or dispersal of this oil was attempted by various methods. Chemical means were tried for only a few days and were unsuccessful. Several types of booms were constructed but none held together in the heavy seas; several skimming methods were attempted but were ineffective, and after that, efforts were limited to the application of straw and its subsequent removal from harbors and the shore. A general cleanup of the beaches, harbors and boats was undertaken voluntarily by the operator as soon as the well was generally contained. Operations included blowing of straw on the oily water and subsequently collecting the oil-soaked straw mulch, steam cleaning and sandblasting rocks and breakwaters, removal of oil-soaked sand, and cleaning or repainting of boats. Beach operations were retarded by the vast amount of debris, estimated at more than 30,000 tons, which was deposited by a large storm that just preceded the blowout. The oil-soaked material was disposed at dump sites in Ventura County, as the City of Santa Barbara refused use of its dump and the Santa Barbara County dump was closed by storm damage. Cleanup operations were performed by Conservation Camp inmates, supervised by Department of Conservation and Department of Corrections personnel, and contract labor. To date the operator reports it has expended nearly $5 million for cleanup. NATURAL SEEPS Oil and tar patches on the beach were a common complaint of coastal residents for many years prior to the Santa Barbara oil well blowout. Usually, oil operations were blamed, but most of the oil came from the numerous natural seeps that occur on the ocean floor or along the coast. The earliest mention of an offshore oil seep was by Father Pedro Font who wrote of his travels near Santa Barbara in 1776,..." much tar which the sea throws up is found on the shores, sticking to the stones and dry. Little balls of fresh tar are also found. Perhaps there are springs of it which flow out into the sea..." The occurrence of seeps is an established but still not widely known fact. All areas of the world that have petroleum leak oil, that is, have seeps. Thus, the presence of seeps is of considerable interest to industrial geologists evaluating the economic potential of any offshore area. As a consequence, seeps are sought out and the actual seepage from the ocean floor observed wherever possible. Most seeps are easily seen as oil slicks or gas bubbles on the surface of the sea. Some remain dormant for extended periods of time and then become reactivated, probably by pressure buildup or earth movement. Because of the transient nature of many seeps, an accurate count is difficult to obtain; however, it appears that there are probably 50 to 60 seeps and seep areas on the ocean floor between Point Conception in Santa Barbara County and Huntington Beach in Orange County. The accompanying Maps 5-5 and S-6 show the oil, gas and tar seeps that have been documented by the Diyision of Oil and Gas. ECONOMIC IMPACT The value of California's petroleum exceeded one billion dollars in 1970; of this amount $240 million was from state-controlled tide and submerged lands. Over three billion dollars worth of oil has been recovered from these lands to date. About 172,000 people are employed by the petroleum industry in California with an annual payroll of more than $1.39 billion. About 5,000 people are involved in offshore operations. The alternatives for the state relative to development of offshore oil reserves are fourfold: terminate all leases, no further leasing or drilling, no further leasing but continued drilling, continue leasing and drilling. PAGENO="0110" MAP OF LEGEND SCALE CALIFORNIA OFFSHORE BORDERLAND - SALT POINT CONCEPTIONVENTURA O DRIWNG PLATFORM SHOWING 0 DR LLNG SLANG SEA FLOOR OIL SEEPS ; ::~:~~~:; TAR) o~~~~:o'a Gas - SANTA CRUZ ANACAPA L~ - TAROSA PAGENO="0111" / / PAGENO="0112" 1430 15 Direct revenue to the state from royalties and bid bonuses is in excess of $786 million (Table S-3); and if drilling and production were to continue as before on the existing 131 state leases (excluding Long Beach), the future income would be $258 million. This income has mainly benefited the water and education funds (Table S-4). If the drilling moratorium established by the State Lands Commission on state-owned lands were to continue, it could result in an estimated revenue loss of $22.4 million through the 1972-73 fiscal year including an estimated $1 1.2 million which has already been lost. As the restrictions do not extend to the Long Beach operations (granted lands) those revenues would not be affected If all leases on state owned tide and submerged lands were to be terminated that is production stopped, wells abandoned and leases bought back, the losses to the state would be multifaceted. First, there would be the loss of future income from existing leases, $258 million; second, possible return of the cash bonuses for the leases; and third, the costs of litigation, including resolution of development costs. The question of liability of the state, if any, is beyond the scope of this paper. No firm value has been set on the existing leases; but as an order of magnitude it is probably something less than one billion dollars. In the immediately affected coastal areas of Orange Los Angeles Ventura and Santa Barbara counties ad valorem direct tax revenues for 1970 71 from tidelands oil fields were about $16,618,000, based on an assessed valuation of $153,058,000. Cessation of offshore oil and gas activities would virtually eliminate these revenues. Furthermore, there would be no possibility of augmenting the revenue by the discovery of new producing properties. Federal lease values were cited in testimony on Senate Bill 1219 of the 91st Congress. Sale of 72 leases resulted in bonus payments totaling $623,908,262 to the Federal Government. Exploration and development costs, plus future earnings from discoveries, greatly increase the total investment in these federal leases. Revenue to the Federal Government from these offshore leases was $5.5 million through 1969. A complete moratorium on future federal drilling would result in losses of revenue that would require other tax sources plus reimbursement of leasing and development costs During 1968-69, salaries from oil and gas employment totaled $256 million in eight coastal counties. If complete moratoriums were placed on drilling and production on both federal and state lands the salary loss might be as much as $40 million per year It is difficult to assess this figure accurately, because among other factors, some of the employment slack might be taken up by an increase in petroleum exploration and development in onshore fields. California is dependent on outside sources of crude petroleum and refined products to the extent of 34 percent of its total needs, or approximately 530 thousand barrels per day, most of which is from foreign countries. The state imports 73 percent of its natural gas, principally by pipeline from Canada, the Four Corners area, and Texas. About 28 percent of California's oil production and 11 percent of the gas production emanates from offshore leases both federal and state Curtailment of offshore production would subject California to even greater dependence on foreign oil the cost of which might not be static Imported crude oil currently costs less than domestic so curtailment would result in a depression of the price of domestic crude in order to be competitive along with reduced oil income and lower tax revenues Additionally increased imports would add greatly to the danger of tanker spills. This subject is discussed more fully under sources of pollution. PAGENO="0113" 1431 TABLE S-3 OIL AND GAS REVENUES 1955.56 THROUGH 1970-71 Source Amount Oil and Gas Royalties (State Leases) $ 240,616,739 Bid Bonuses (State Leases) 189,910,958 Subtotal $430,527,697 State Share of Long Beach Oil and Gas Revenues 346,332,000 Tract 2 of Long Beach Unit 9,430,682 Subtotal $ 355,762,682 Grand Total $ 786,290,379 TABLE S-4 DISTRIBUTION OF OIL AND GAS REVENUES 1955-56 THROUGH 1970-71 Purpose General Fund $130,634,308 State Water Fund (including Central Valley Water Project Fund) 408,337,072 Education Local School Districts 1963-67 101,588,615 Capital Outlay for Public Higher Education 1967-71 75,634,066 Beach and Park Fund 1955-61 52,566,999 $768,761,060 (16) 77-463 0-72 - pt.3 - 8 PAGENO="0114" 1432 17 Measurement of the impact of an oil spill on the economy of an area is exceedingly complex, as many interrelated and some extraneous factors are involved. As a result of the Santa Barbara incident, the Chamber of Commerce of the City of Santa Barbara estimated that income generated from tourism was reduced by $930,000; the City of Carpinteria, $300,000. Other coastal communities not affected by the spill, showed increases of seven to ten percent for the 1969 summer period. Revenues from state beaches were reduced by an estimated 15 percent or $27,000. Specifically, the three state beaches in Ventura County had a reduction in attendance varying from 16 to 40 percent. Various other governmental entities and individuals have made claims as to losses incurred. It must be noted that during the cleanup operations some 2,000 men, including Conservation Camp inmates, were utilized. Equipment such as front-end loaders, dump trucks, tractors and numerous small boats were used. Union Oil Company of California has claimed expenditures of nearly $5 million, most of it spent locally, for this cleanup work. LEGALACTIONS The blowout of Union Oil Company's well No. 402-A-2 1 in the Santa Barbara Channel has given rise to a host of private and public lawsuits and legal questions. The State of California, in conjunction with several cities and counties, is plaintiff in two damage actions, one against the involved companies and one against the United States. Several classes of private citizens, e.g., property owners, boat owners, fishermen, ships chandlers, and businessmen, have also filed suit for damages resulting from the blowout and resulting seepage. In addition, there are several suits asking for ipjunctions against offshore oil development and production. The state has supported one of these actions by acting as amicus curiae, which action would have compelled the Corps of Engineers, U. S. Army, to hold hearings regarding environmental factors in placement of drilling rigs as the Corps' regulations then required. The state also acts as counsel for the District Attorney of Santa Barbara County, who has been prohibited from bringing any criminal prosecutions for creating a public nuisance resulting from offshore oil activities against four named oil companies or their suppliers. These matters and applicable statutes, jurisdiction of state and federal agencies and regulations are discussed more fully in other sections. The Federal Government is presently permitting drilling operations on its leases, some of which are adjacent to state lands. The Secretary of the Interior has suspended operations on 35 leases pending Congressional legislation to cancel those leases and create a national energy reserve adjoining the state's Santa Barbara sanctuary. The Secretary has also denied permits for an additional drilling and production platform on each of Union's and Sun's oil leases. As a result of continual drilling on federal leases, oil is possibly being drained from state leases and some leaseholders are incurring revenue losses due to the state moratorium. At least one has indicated that legal action may be taken against the state to recoup these alleged losses. SANCTUARIES Certain petroleum sanctuaries have been established by the state and federal governments; State-owned lands presently excluded from leasing total 2,574,000 acres; status of these and proposed sanctuaries is as follows (Map S-7): State, existing: 1. San Mateo, San Francisco, Mann, Sonoma, Napa, Alameda, Santa Clara, Del Norte, and portions of Solano and Contra Costa Counties. PAGENO="0115" 1433 18 2. Humboldt and Mendocino counties - from four miles north of Cape Mendocino to two miles south of the northern boundary of Mendocino County. 3. Santa Cruz and Monterey counties - from the San Mateo-Santa Cruz County boundary to the Monterey County-San Luis Obispo County boundary. 4. San Luis Obispo County. 5. Santa Barbara County - from Goleta to Summerland. 6. Santa Barbara Channel Islands. 7. Los Angeles County - from the Ventura County-Los Angeles County boundary to Point Fermin. 8. Santa Catalina Island. 9. San Clemente Island. 10. Orange and San Diego counties - from the northerly boundary of Newport Beach to the southerly boundary of the state. ~State proposed: 1. Humboldt and Mendocino counties - SB 198 (Behr) Enlarges existing sanctuary to include all state and submerged lands within the counties. 2. San Francisco Bay and Sacramento-San Joaquin Delta Area - SB21 0 (Nejedly) Prohibits oil and gas exploration or extraction on State tide and submerged lands in the San Francisco Bay and the Sacramento-San Joaquin Delta except those under existing contracts, leases or agreements. 3. Santa Barbara and Ventura counties - SB597 (Behr) Prohibits any future oil and gas leasing in the Santa Barbara Channel. 4. Santa Barbara and Ventura counties - AB1 526 (Moretti) Prohibits further oil and gas leasing in the Santa Barbara Channel after April 1, 1972, and authorizes the State Lands Commission to order operations under state lease to cease if such operations constitute an unreasonable risk of pollution. Federal: The only federal sanctuary that has been established lies offshore from Santa Barbara County, between Summerland and Elwood. An area adjacent to the state sanctuary offshore from Santa Barbara was excluded from leasing when the federal lands were offered for bid in 1968. An additional area was added to this buffer zone after the federal lease sale. On March 21, 1969, Public Land Order 4587 was published in the Federal Register by Secretary of Interior Walter Hickel. This order provides for the withdrawal of certain lands from all forms of disposition, including mineral leasing, and reserves them for scientific, recreational and other similar uses, such as an ecological preserve. The order also withdraws certain lands from leasing as an adjunct to the ecological preserve. PAGENO="0116" 1434 STATE of CALIFORNIA STATE LANDS COMMISSION DIVISION of STATE LANDS Oil and Gas Sanctuary Areas LEGEND EXISTING SANCTUARIES PROPOSED SANCTUARIES PAGENO="0117" 1435 21 Proposed: A number of bills have been introduced in the 92nd Congress that would affect oil and gas development in federal waters off California. A few of these bills are described briefly below: 1. S 373 (Cranston, Tunney). Provides for a federal ecological preserve in a portion of the Outer Continental Shelf in the Santa Barbara Channel; cancels certain federal oil and gas leases in the Santa Barbara Channel, and suspends drilling on other federal leases in the Channel. 2. S 1446 through 5 1452 (Cranston, Tunney). Create federal marine sanctuaries seaward of existing state sanctuaries. 3. H.R. 2637 (league). Provides for a federal ecological preserve in a portion of the Outer Continental Shelf in the Santa Barbara Channel; institutes a moratorium on drilling operations pending the ability to control and prevent pollution by oil discharges. 4. H.R. 6885 (Hanna). Prohibits mineral leasing and geologic or geophysical surveys on federal lands from the northerly city limits of the City of Newport Beach to the southerly boundary of California. 5. H.R. 7991 (Saylor). Terminates certain federal oil and gas leases in the Santa Barbara ChanneL 6. The Nixon Administration proposed legislation for rescinding 35 federal lease parcels in the Santa Barbara Channel and creating a national energy reserve. The area is between the Channel Islands and Santa Barbara (Map S-3). RESUME OF OFFSHORE DEVELOPMENT HISTORY 1896: First offshore production in California at Summerland, Santa Barbara County. 1921: First tidelands leasing act (Chapter 303, Statutes of 1921). Subsequent discovery of oil at Rincon, Elwood and Capitan. 1933: Huntington Beach tideland production established as a result of court-ordered well surveys. 1938: The State Lands Act of 1938 established the State Lands Commission. 1939: First wells drilled into tidelands granted to a municipality at Long i~each (Wilmington field). 1953: Discovery of oil in the offshore area of West Montalvo field. Discovery of oil on granted tidelands in the offshore area of West Newport field. 1954: First man-made island, "Monterey", built one and one-half miles offshore from Seal Beach to develop the Belmont Offshore field. 1955: Cunningham-Shell Tidelands Act restricted leasing to areas of known potentiality. Provided for the erection of drilling platforms. 1956: Oil discovered offshore from Redondo Beach on granted tidelands. PAGENO="0118" 1436 22 1957: Cunningham-Shell Tidelands Act amended. Specified sliding-scale royalties beginning at not less than 16-2/3 percent. 1958: First permanent drilling platform, "Hazel", erected two miles offshore from Summerland. (Summerland Offshore field). Rincon island constructed with causeway to shore. 1960: Platform Hilda installed west of "Hazel" in the Summerland Offshore field. Platform Helen erected offshore from Gaviota (Cuarta Offshore field). 1961: First well completed on the sea floor (west of Rincon Island). Platform Harry installed one mile offshore from Point Conception (Conception Offshore). 1962: Molino Offshore Gas, Caliente Offshore Gas and the offshore area of Alegria oil field discovered. All wells completed on the sea floor. 1963: Platform Herman installed east of "Harry" (Conception Offshore field). Platform Emmy erected one and one-quarter miles offshore from Huntington Beach. 1964: Platform Eva installed west of "Emmy" (offshore area of Huntington Beach field). Legislation passed to develop the eastern portion of Wilmington field on tidelands granted to the City of Long Beach (Senate Bill No. 60, Ch. 138, Statutes of 1964, 1st E. S.). Subsequently, four islands, "Chaffee", "Grissom", "White" and "Freeman", were built in the inner Long Beach Harbor. 1965: Island Esther built east of Island Monterey (Belmont Offshore field). Platform Hope erected three miles offshore from Carpinteria (Carpinteria Offshore field). 1966: First federal lease issued in the Santa Barbara Channel (federal portion of Carpinteria Offshore field). Platform Heidi erected east of "Hope". Oil discovered offshore from Venice Beach (Venice Beach field) on tidelands granted to the City of Los Angeles. 1967: Platforms Hogan and Houchin installed on Federal OCS Tract 298 (federal portion of Carpinteria Offshore field). 1968: Federal Bureau of Land Management leased 71 tracts in the Santa Barbara Channel for a total cash bonus payment of $602,719,261. Platforms A and ii erected on Federal OCS Tract 402 (Dos Cuadras field). 1969: Well blowout on Platform A. Federal ban on all drilling in the Santa Barbara Channel. Drilling later resumed. All new drilling on state-owned tidelands banned subject to State Lands Commission review. Platform Hillhouse installed on Federal OCS Tract 401 (Dos Cuadras field). 1971: Secretary of the Interior refuses permission to erect additional platforms on Federal OCS Tract 401 and 402 (DosCuadras field). PAGENO="0119" 1437 PRESENT DEVELOPMENT STATUS 23 On state-owned offshore lands, the ban on drilling new wells imposed in February 1969 by the State Lands Commission remains in effect. Under the Commision's policy, two new wells have been drilled from Island "Esther" where unique conditions of drilling safety exist. No other new wells have been drilled on state-owned offshore lands. On lands granted to coastal cities, development is continuing. Oil and gas is being produced from state-owned and granted lands at average daily rates of 217,000 barrels of oil and 161,000 Mcf. of gas. Of the 72 tracts in federal waters in Santa Barbara Channel, 33 have been cleared for drilling and drilling is being conducted on four of these tracts. Production from the fields in federal waters, Dos Cuadras and a portion of Carpinteria, is approximately 90,000 barrels per day. Humble Oil and Refining Company has reported major oil discoveries on Tracts 325, 332, 334, and 342. These tracts are three to five miles offshore and extend from Point Conception to Gaviota. Mobil Oil Corporation has reported an oil discovery on Tract 350, three miles offshore from Oxnard, Ventura County. DRILLING AND PRODUCTION TECHNOLOGY Current Practices The basic methods of offshore drilling can be classified as fixed or mobile drilisites. Fixed drillsites include conventional onshore equipment with holes drilled to the offshore oil zones, man-made islands, and permanent platforms. Mobile drillsites include self-elevating platforms and moored or free-floating vessels. Each method has qualities that are suited to varying water depths, number of wells to be drilled, properties of the hydrocarbon to be produced and degree of permanency required. Producing equipment for wells drilled from fixed locations is essentially land-type, whereas the producing equipment for wells drilled from mobile locations is uniquely marine. The latter is designed to be placed on the ocean floor and can be operated remotely or by divers. Sea floor completions have proven successful for gas wells, which require little attention; but the systems are not yet totally proven for oil operations. A new series of pump-down tools has recently been developed that enables remedial work to be done on a well without the use of a diver. Operations such as paraffin removal, squeeze cementing, acidizing, plastic sand consolidation and reperforating can now be performed by tools that are pumped down the tubing and retrieved by hydraulic pressure. Deep sea divers are frequently required for the many mechanical operations on the sea floor that are too complicated for remotely controlled devices. Greater understanding of the physiology of the human being under pressure has led to an increase in the working depth capability of divers to 600 feet, and that depth may soon extend to 700 or 800 feet. Sea floor production installations along the California coast to date have not required diving to more than 250 feet. New Underwater Operating Concepts Combinations of sea floor well equipment and surface platforms, floating and underwater storage, oil handling and well completion systems are being considered. Possible methods include: Submerged Platform - Would contain built-in artifical lift and production piping. Structure would support subsea wellheads at diver- accessible depths. Storage would be on a nearby floating vessel or small platform. PAGENO="0120" 1438 24 Conventional Fixed Platforms Structure would contain wells production equipment and storage facilities and would also handle additional production from nearby subsea wells Floating Storage and Crude Handling This could be a version of the single point tanker mooring system or involve semisubmersible tanks Bottom completed subsea wells would produce through special systems to these permanently anchored installations Underwater Storage and Processing Concrete underwater storage tanks and a subsea processing facility accessible from the surface without diving equipment Safety and Prevention of Pollution Fire and accident prevention are of the utmost importance on offshore drilling and producing facilities Highly specialized equipment and alarm systems are used to reduce the possibility of a mishap The industry in California under self imposed rules and regulation by state agencies has an enviable record of operation From 1957 through 1968 682 wells were drilled from platforms piers islands, and fixed or floating structures on state offshore leases under state regulations and jurisdiction other wells were slant drilled into offshore lands from upland drilisites In addition 708 offshore coreholes were drilled under state regulations and supervision from May 1956 through January 1969 465 of these coreholes were drilled on what have now been designated Federal 0 C S lands No significant oil spill resulted from the drilling of any of these wells This excellent record was not the result of simple good fortune California began regulating oil operations in 1915 since that time a vast background of experience has been gained from drilling approximately 90 000 wells in the state Well Control In the rotary system of oil well drilling formation fluids are confined to their respective zones by drilling mud which exerts a hydrostatic pressure greater than the formation pressures in the well bore This is the primary method of well control; blowout prevention equipment is secondary and its function is to preserve the fluid (mud) column or confine well fluids to the well until an effective fluid column can be restored. Blowout Prevention Equipment Blowout prevention equipment commonly referred to as BOPE is basically a valve type mechanism to prevent escape of fluids or equipment from the hole In other words turn the well off Another specialized piece of equipment used to prevent leaks during oil production is an automatic valve called a storm choke On flowing wells the Division of Oil and Gas requires that a storm choke be mstalled about 100 feet down the well and set to shut in the well if there is a pressure drop There are also surface valves often remotely located that can shut in wells One master valve can close down all wells and all offshore shut-in valves can be activiated automatically by remote control from shore This equipment is tested before and after installation and during operation PAGENO="0121" 1439 ESTHETICS As long as the offshore petroleum resources are developed from structures erected in the water, there cannot be complete compatibility of such operations with the esthetic value of the scenic coastline for all people. Portions of the offshore area were closed to leasing by the Cunningham-Shell Tidelands Act of 1955 which was based on a need to protect the traditional scenic and recreational use of the coast during the development period of petroleum resources in tide and submerged lands. It prohibited any type of operation that could result in interference with, or impairment of, shoreline recreational or residential areas. Beautification efforts have been made in recent years by members of the petroleum industry in areas where operations might offend the esthetic values of some people. Many cities have zoning and building ordinances which require drilling and production facilities to harmonize with the surrounding areas. One such project, a man-made island in Long Beach Harbor, is shown on Figure S-i. Figure S-2 shows a lighthouse structure which housed a drilling rig. The producing facilities of many of the wells in the Wilmington field have been placed in cellars so that there is no impairment of the scenic seascape. These efforts, which have been costly, have been effected only recently. In prior years bad housekeeping and retention of unused equipment have degraded many areas. Figure S-3 is a coastline example of this. ECOLOGICAL IMPACT Although offshore petroleum development operations have, in a few instances, resulted in harmful effects to the marine environment, there have been many ecological impacts from these operations that have been beneficial. A three-year study conducted by the Department of Fish and Game, beginning in May 1958, evaluated the effects on marine life of offshore drilling, and attendant man-made structures, and of depositing washed drill-cuttings on the ocean floor. Marine organisms associated with four drilling platforms and a man-made island were investigated, All drilling sites showed similar attractions for fishes, as the sites serve as artificial reefs. Encrusting organisms rapidly covered all exposed underwater areas of the platforms and either provided food for fish, or sheltered forms that did. Fish populations grew from a few scattered individuals to several thousand semiresidents. The deeper water platforms attracted schooling fishes and several species of rockfish that were not associated with the inshore areas. Fish populations increased rapidly during the first year the installations were in place, and then showed fluctuations apparently correlated to temperature, season, or other natural factors. This study showed that establishing offshore, oil-drilling installations was generally beneficial to the marine habitat, and depositing washed drill-cuttings on the bottom at installation sites had no effect on marine life. PAGENO="0122" Man-made drilling island in Long Beach Harbor. PAGENO="0123" Figure S-2 Mobil Oil Corporation drilling rig disguised as a lighthouse and used for development of Venice Beach offshore field. PAGENO="0124" Figure S-3 Deserted oil well along Southern California coast. PAGENO="0125" 1443 29 The important danger arising from offshore oil operations is that of an oil well blowout or oil spill. The primary danger to marine life is from a petroleum tanker accident. There are a number of factors that govern the impact of such an incident on the living marine resources. Exclusive of volume, the most important are the physical properties of the petroleum involved, and the length of time it is in the sea. If the oil can be contained and removed quickly, there is little damage to marine life. Crude oil carries aromatic and volatile constituents that are toxic to marine life, but these evaporate in a few days and the danger is reduced. The oil mixes with water, forming emulsions that float and are sticky and viscous, and can coat floating or intertidal organisms. Oil that is not emulsified is degraded by spontaneous oxidation, and more importantly, by biological oxidation. Over varying periods of time the oil will be removed by these processes. Refined products such as fuel oil can be highly toxic; they sometimes form sand-oil sludge that smothers bottom life. This was the case when the tanker TAMPICO MARU went aground in 1957 off the west coast of baja California. Twenty thousand barrels of diesel oil gushed into the sea. Dead animals were common on the beaches and piles of dead sea urchins and mussels accumulated near the wreck. Ten years later, the ecology of the area still had not returned to normal. Other factors are the opportunities for the oil to disperse in the open sea, and the methods used to contain and clean up the spill. The chemical methods used in the TORREY CANYON spill off England, resulted in an estimated 10 percent loss of marine life in a fairly large area. In the spill off Santa Barbara, crude oil was involved. A dispersant was used at and near the site. Straw was spread on the inshore waters to soak up the oil. The beaches and inshore waters also had large quantities of debris on them, as a result of the January 1969 floods, which helped absorb oil. Cleanup operations were confined to the mainland shore and consisted of removing oil-soaked straw and debris, and cleaning oil off rocks by steaming or sandblasting. The major damage to the marine life occurred along the shoreline, and some of this was the result of cleanup operations. The use of steam and sandblasting to clean rocks took a high toll in attached organisms. At Anacapa and Santa Cruz Islands, where no cleanup operations occurred, the attached organisms were covered by a thin layer of oil and there some loss of biota occurred. Natural recovery of animal and plant colonies in these areas has been rapid. It is conjectural how much damage was done to marine mammals. Four dead porpoises, several seals and six dead whales washed ashore after the leak began. Some of.the animals, when found on the beach, were coated with crude oil, but subsequent examinations, including autopsies, have not linked the deaths to oil contamination. The Department of Fish and Game estimated that 3,700 birds were killed, most of them western grebes, as a result of the spill. The Department also reported no influx or exodus of birds in the area, and that most birds appeared to avoid oil-contaminated areas. Diving surveys indicated that several species of marine plants in the near-shore zone at Santa Cruz and Anacapa Islands incurred some damage from oil, but these plants had completely returned to their former abundance within a year. Plants with a gelatinous coating appeared not to be affected, whereas species with a rough surface were; apparently oil was able to adhere to the latter. Only those plants that live in the intertidal area where they could come in contact with the oil floating on the surface were affected. Other organisms in the near-shore zone appeared normal and healthy, even though some were covered with oil. PAGENO="0126" 1444 30 Trawling surveys and bottom grab samples indicated all sampled fish and invertebrates occurring in the bottom zone remained in good condition and were not affected by the oil There was no indication from the samples taken that the food web had been impaired in any way Plankton larvae and sonic surveys indicated the same was true for the pelagic resources A good sign that the marine life in the area has not been too adversely affected by the Santa Barbara oil spill is that the diversity of species has remained high During January and February 30 inches of rain fell along the Santa Barbara coast resulting in an influx of fresh water carrying debris and sediment into the coastal waters The only adverse effect that can be definitely attributed to this was that a large number of wavy turban shells were washed ashore at Carpinteria an area hard hit by the flooding The many natural subsea oil seeps in the Channel area have not affected the marine life Abundant bottom life exists practically on top of active seeps The life in these areas has a preexisting or perhaps evolved tolerance for certain quantities of petroleum On San Miguel Island a portion of the shore is covered with oil as a result of nearby natural seeps the sea mammals that live there have adapted to this condition Because of the seeps there could also be a higher population of oil degrading bacteria normally present in the Santa Barbara Channel than is normally found in other areas All marine biologists do not agree on the ecological impact of an oil spill A study financed by the Federal Water Quality Administration and conducted by a professor of biology at University of California Santa Barbara apparently concludes that there are long range effects of the Santa Barbara incident that cannot yet be assessed Some scientists at Woods Hole Oceanographic Institution feel that the subtle ecological effects are still unclear SPILL CONTAINMENT CAPABILITY Contamment Methods Containment of an oil spill on water is primarily dependent on wind and sea conditions Calm water areas seem to be well suited for the boom method of containment Conditions on the open sea can change rapidly and therefore exceed the capability of any presently known method Wmd (15 knots) and sea conditions (2 foot or higher waves) are the critical factors affecting oil containment and recovery devices Many times during a year conditions off the California coast exceed these factors Booms are the primary method of containment A boom is essentially a floating fence consisting of linked buoyant chambers with a weighted skirt Buoyancy may be provided by air or more commonly, by a polyvinyl chloride foam. The weighted skirt of vinyl-treated fabric hangs below each buoyant segment. Recent tests indicate that booms are ineffective in waves over 2 feet in height, and where currents are in excess of about one knot Booms do appear to be effective when used in harbors or offshore to deflect the movement of an oil slick towards a preferred point, thus avoiding the difficulty encountered with a direct in line barrier downwind from the spill source A bubble boom or bubble curtain is formed by bubbles of air rising from a perforated tube lying on the sea floor or suspended below the water surface The rising bubbles cause an upwelhng current to be generated on both sides of the curtain At the surface these currents move away from the bubble line opposing the movement of an oil slick on the surface The effective use of this type of barrier is limited to calm harbor waters where the current does not exceed one knot PAGENO="0127" 1445 31 Underwater tents are currently being used in the Santa Barbara Channel to capture and recover oil leaking from the sea floor. The tents consist of a coated nylon fabric attached to a metal frame, anchored to the sea floor. Oil collects under the tent and rises through a hose to the surface where it is collected and shipped ashore. The system is somewhat vulnerable to sea turbulence but, when intact, provides at present the only known method of sea-floor seep containment. Recovery Methods There are a number of systems available to remove oil from the surface of water. Surface conditions compatible with present methods are generally found only in protected areas. Consequently, none of the devices has performed satisfactorily under conditions normally found on the open sea. Fire The removal of oil from the water surface by burning is relatively quick and inexpensive. However, this method cannot be used where over-water structures, harbor facilities or vessels would be damaged, or in the vicinity of wells where flammable gas might be present. Past experience indicates that igniting the oil is difficult, owing to the relatively high flash-point of most crude oils and the rapid heat loss of a thin oil film on a cold-water surface. In addition, an adequate supply of oxygen is necessary to promote continued combustion. Commencal products are now being marketed that reportedly provide the heat insulation- and-wicking action needed to promote ignition and maintain continued combustion. Skimmers are the principal mechanical devices currently used to recover oil from the water surface. They are either modified boats or barges. The machine is designed to skim oil off the surface, collecting as little sea water as possible. The oil and water flow into a separator; the oil is retained and the sea water discharged. Suction or vacunm heads have been found useful in near-shore clean- up operations or in harbors where oil has collected in areas inaccessible to other types of equipment. Equipment may consist of an oil field vacuum or sump truck mounted on a barge or moving along the shoreline. Chemicals have been developed that cause oil to disperse in the open sea. Others cause the oil to coagulate or gel around the perimeter of an oil slick, thereby forming a kind of barrier to contain the slick. This method has had only moderate success in calm waters. Other chemicals are being tested that reduce the surface tension of the water and cause the oil to consolidate instead of spreading over the water surface, thus aiding skimming by increasing oil thickness and concentration. Spill Contingency Plan As the potential for an accident, similar to the massive spill caused by the tanker TORREY CANYON, to occur off the coast of the United States became apparent, the President directed various federal agencies to prepare for such an emergency and, as a result, the "National Oil and Hazardous Substances Pollution Contingency Plan" was prepared and became operational in September 1968. The plan promotes coordination and direction of federal, state and local response systems and encourages the development of local government and private capability to handle such pollution incidents. The plan establishes the U. S. Coast Guard as the principal agency in charge of combating oil spills which occur in the offshore environment. Following the Santa Barbara incident of early 1969, the state replaced the then existing 1968 "Marine Chemical Spill Disaster Plan" with the present "California Oil Spill Disaster Contingency Plan". PAGENO="0128" 1446 32 The state's present plan can function either independently, more effectively, with the U. S. Coast Guard, or within the national contingency plan organization. In addition, the new plan also created a State Interagency Oil Spill Committee that meets periodically to ensure that the plan is updated and includes the latest developments in control technique. Sources of Oil Spills A recent study was made of oil spills which have occurred throughout the world during the period 1956 to 1969. The study was confined to major spills in the ocean. Fully 75 percent of all major spills originated from vessels, and of these, 90 percent were from tankers. Three spills were from refineries and two spills were attributed to offshore drilling operations, one of which occurred off the coast of California. There have been no significant spills from offshore pipelines. The volume of oil spilled ranged from the arbitrarily established minimum of 2,000 barrels to the 700,000 barrels involved in the wreck of the tanker TORREY CANYON. About 70 percent of all spills were over 5,000 barrels and approximately half of all spills occurred within one mile of shore. Three out of four spills occurred within 10 miles of port; this indicates that shallow waters and coverging shipping lanes provide the greatest opportunity f~r accidents. (see Figure S-4). Pipelines connect each offshore, subsea, completed oil and gas well with central gathering or production platforms, and also connect all production platforms with onshore facilities. Product lines (water and fuel) also connect platforms and drilling islands with shore. As a consequence, pipelines are numerous and extensive. Although at first pipelines appear to be vulnerable, there has been no known oil leak of any significance (volume) from any pipeline along the California coast, although there are several hundred barrels of oil in each mile of pipeline. NAVIGATION AND OCEAN TRAFFIC Shipping Lanes The recommended one-way, vessel traffic lanes in the Santa Barbara Channel consist of a northbound and a southbound lane with a separation zone between the two. The lanes are approximately one mile wide, and the separation zone is about two miles wide (Map S-8). These lanes are for the use of all vessels; however, they are used primarily by merchant marine and government vessels. The platform closest to the recommended traffic lanes are approximately five miles away; these are Platforms Harry and Herman, southeast of Point Conception. All platforms are shown on Coast and Geodetic Survey charts. They are equipped with a quick-flashing white light at each corner and a fog signal sounding a 2-second blast every 20 seconds; additionally, the platforms have high visibility on radar. The above factors make platforms navigational aids; in fact, they are used as markers for boat races. The Department of Navigation and Ocean Development has yet to receive a boating accident report involving a platform. PAGENO="0129" 1447 SOURCE OF SPILL - DATA FROM 36 INCIDENTS PERCENT OF TOTAL SPILLS TANKER VARIOUS o OTHER GROUNDINGS TANKER CASUALTIES z > L& Li AFTER THE OIL F. GAS JOURNAL VOL 68, NO 23,1970 TYPE OF PETROLEUM SPILLED - DATA FROM 35 INCIDENTS PERCENT OF OIL SPILLED CRUDE OIL 1% LIGHT OIL RESIDUAL OIL -3 PERCENT OF TOTAL SPILLS CRUDE OIL F ~ OIL LIGHT OIL DATA FROM THE OIL F. GAS JOURNAL, AND OTHER SOURCES Figure S-4 (33) 77-463 0 - 72 - pt. 3 - 9 PAGENO="0130" ~LLNGPLATFORM~?~VENTURA Sm, Mi,e.1 Is. 4 C C MAP S-C LOS ANGELES ~EACH 0 C Deportment of Navigation B Ocean Development 4? 4- RECOMMENDED VESSEL TRAFFIC LANES SCALE TRAFFIC LANE Seats Sethe,-els. 1? 60//Is TRAFFIC LANE PAGENO="0131" 1449 STATEMENT OF CHARLES F. LAMBETH, JR., PRESIDENT AMERICAN FREEDOM ASSOCIATION, INC. The American Freedom Association is a non-profit educational organization which has existed since 1953. It is dedicated to the principle of achieving world peace through the process of world law. There are approximately three hundred members of this organization, most of whom live in the two Carolinas and Vir- ginia. I am also a member, together with thousands of lawyers from the United States and throughout the world, of the World Peace Through Law Center. While I do not speak for that organization, I admire its Draft Treaty Governing the Exploration and Exploitation of the Ocean Bed (1971) which closely paral- lels the draft, submitted by the United States, of a United Nations Convention on the International Seabed Area. The United States plan proposes that the international area shall comprise the entire seabed area beyond the 200 meter depth, and that this area shall be the common heritage of all mankind. It provides for coastal State Trusteeship in the area beyond a depth of 200 meters embracing the continental margin, and establishes the responsibilities and rights of the Trustee State. This proposal was submitted to the United Nations Seabed Committee in 1970 and has pro- vided the chief basis for optimism among states and individuals who desire to see the resources of the ocean developed in a peaceful, orderly way. In the short run the plan of the United States might rightfully be conceived as a magnami- mous gesture on the part of a highly developed nation, which otherwise, with its technology, could exploit the seabed to a far greater extent than the under- developed nations. In the long run, however, the United States plan will prevent chaos, prevent pollution, provide a fair share of the ocean's resources to all na- tions, prevent the widening of the gap between rich and poor nations, and will be a strong factor in the development of a peaceful world. In December of 1969 the United Nations adopted a resolution to the effect that pending the establishment of an international regime, "States and persons, physical or juridical, are bound to refrain from all activities of exploitation of the resources of the area of the seabed and ocean floor, and the subsoil thereof, beyond the limits of national jurisdiction" and that "No claim to any part of that area or its resources shall be recognized The United States should adhere to this moratorium because it is consonant with our proposed Draft Treaty and because it makes common sense. If American and multina- tional oil interests seek to apply "rights" to the sea bottom on a "first come, first served" basis we will have, in essence, a sort of Oklahoma land rush for the mineral resources of the ocean floor. We can expect the developed socialist countries, including the Soviet Union, to join the rush. This is no way to develop world order. An ocean regime similar to the one proposed by the United States will face problems which the United Nations has struggled with. However, the ocean regime begins with a unique advantage. No human beings yet live in the ocean, and therefore there are no vested political interests or accumulated grievances. Injustices which it must contend with have not yet occurred. The job of the ocean regime will be preventive, not corrective. It is urged that this Committee refrain from jeopardizing the chances of an orderly development of the seabed by granting leases beyond the 200 meter depth. STATEMENT SUBMITTED BY MAX BLUMER, SENIOR SCIENTIST, WOODS HOLE OCEANOGRAPHIC INSTITUTION WOODS HOLE OCEANOGRAPHIC INSTITUTION, Woods Hole, Mass., April 14, 1972. Senator HENRY M. JACKSON, Chairman, U.F1. senate, Committee on Interior and Insular Affairs, Washington, D.C. DEAR SENATOR JACKSON: Thank you for your letter of April 6, 1972, in which you ask me to submit a statement regarding "outer continental shelf" policies and issues. I believe that I can best serve you and your committee in submitting for the record, information on the effects and persistence of marine oil pollution, such as it will necessarily result from extended offshore oil exploration and production. I consider the following documents relevant: PAGENO="0132" 1450 Two papers, Scientific A8jects of Oil Pollution, and Oil Contamination and the Living Resources of the sea, present background data on the composition and environmental toxicity of oil and on its hazard for marine resources. You may remember the relatively small oil spill which occurred in Cape Cod waters at West Falmouth in September 1969. Our studies of the effect and per- sistence of that spill are summarized in: The West Falmouth Oil Spill and A Small Oil Spill. I enclose a preliminary copy of the most current report: The West Falmouth Oil Spill, Data Available After Two Years. A final copy of the report will be sent to you shortly. The most important results of this study are summarized in: Persistence and Degradation of Spilled Fuel Oil. Oil enters the marine food web and returns to us in fisheries products. Per- sistent oil pollution has been demonstrated in shellfish: Determination of Poly- cyclic Aromatic Hydrocarbons in Oysters Collected in Polluted Water; Hydro- carbon Pollution of Edible Shellfish by an Oil Spill, and Petroleum Hydrocar- bons tn Oysters from Galveston Bay Similarly other investigators have found pollution, resulting from hydrocarbons in refinery effluents, that has accumu- lated in finfish: Kerosene-like Tainting in Australian Mullet. Sensitive methods permit the detection of oil pollution in contaminated sedi- ments and organisms. We have reviewed these techniques in: Petroleum, an FAO Panel Report, and we have described the application of these methods to define extent and persistence of the pollution at West Falmouth, in: Indigenous and Petroleum Derived Hydrocarbons in a Polluted Sediment. Some have argued that other spills, elsewhere, have caused less damage than the West Falmouth spill; a report on the Santa Barbara disaster is often quoted in that context. Contrary to that, we feel that both studies agree in their findings on the persistence of the oil Apparent differences in the biological impact seem to be the i esult of differences in the techniques used for the study rather than in the biological effect of the oil We have elaborated on this important point in a Letter to the Maine Environmental Improvement Comnussion in connection with the hearings at Searsport. Newer publications on the Santa Barbara spill indicate that there has been considerable biological damage and that such spills present potential long-term dangers for the coastal ecology. Surprisingly, there have been no attempts to follow the fate and eventual dissipation of spilled oil in the marine environment. Our West Falmouth study now extends over 21/2 years and shows that the oil from the 1969 spill still is not dissipated. We have studied similarly the fate of oil on the beaches at Martha's Vineyard, Mass. and at Bermuda and find little weathering and full rention of the crude oil character 131/2 and 16 months after the stranding of the oil: The Environmental Fate of Stranded Crude Otl We have attempted to assess the effect of oil on the coastal and near shore ecology in three Congressional Testimonies (enclosed) I believe that the hazard of oil pollution to the marine ecology is greater than was thought Unfortunately the existing sensitive techniques which permit an assessment of the persistence and of the effect of oil have had little use in the past For instance there are no quantitative data from regions of active oil pro- duction, offshore or from major oil ports, on the degree of oil pollution of the sea bottom of the marine food chain and of the fisheries resources; nor are there sufficiently extensive biological data. Methods to study these effects exist and we should assess our performance in existing offshore oil fields, before we extend our operations to clean areas. The U.S. Department of the Interior requires that oil shale exploitation in the western states must be preceded by ecological baseline studies, and more importantly that the production quota shall be tied directly to the environ mental status. A similar policy, which we suggested in earlier testimony, should be adopted with regard to offshore oil production. The marine environment can tolerate a limited amount of pollution Beyond that damage results and the pol lution becomes increasingly persistent. To avoid the resulting environmental do- terioration we must measure pollution levels and reduce, if necessary, the quan- tity of pollutant that reaches the sea. I appreciate your concern and your efforts in this critical area and acknowledge gratefully the continued support of my re- search by the National Science Foundation, the Office of Naval Research and the Environmental Protection Agency. Sincerely yours, MAX BLUMER, Senior Scientist. PAGENO="0133" 1451 F ~ 0 ~ 4~yI' FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS FIR : )IP/7O/R-1 14 Sep~eniber 1970 . ORGAN1SATION DES NATIONS UN1!S POUR L'ALIMENTATION El L'AGRICULTURE -~ . ORGANIZACION DE LAS NACIONES UNIDAS PARA LA AGRICULTURA V LA ALIMENTACION FAO TECHNICAL CONFERENCE ON MARINE POLLUTION AND ITS EFFECTS ON LIVING RESOURCES AND FISHING * Rome, Italy ~ 9" 19 Dacombsr 1970 N ~B~D THE LIVING RESOURCES OF THE SEA ~ * M. BLUHER Woods Role Oceanographic Institution Woods Role, Maseachusetta 02543, U. S. A. Contenta I Coastal vatera multiple uces page 1 2 Coastal waters aniltiple stresses I 3 oil pollution.' extent 2 4 Oil - composition and persistence 2 5 Oil immediate toxicity 3 6 Oil end cancer 3 7 Oil destruction of fisheries resources 4 8 Oil low level effects * 5 9 Countermoasures 5 9.1 Detergents and diepersants * 6 9.2 Physical sinking 6 9.3 Combuction 6 9.4 Mechanical containnent and removal 7 * 9.5 Biological degradation * 7 9.6 Cost effectiveness 7 10 Selfoontrol end law enforcement 8 11 Conclusions * 8 12 References * 10 Acknowledgements 11 UH/A7442 PAGENO="0134" 1452 FIR $ MP/70/R-1 I COASTAL WATERS MULTIPLE USES Throughout history man has used the ocean, especially the coastal waters,aa a source of food and minerals, and for shipping and waste disposal Today, more than ever, the ocean has a very large tangible and intangible value and an even greater potential. The present annual world income from marine fishing is now roughly $8 billion. The world ocean freight bill is nearly twice that. In contrast, the mineral recovery baa a relative- ly small value, the world oil and gas production from the seabed is worth approximatei~ half that of the fish catch, and all other mineral production adds only $250 million (Holt, 1969). The value of the ocean for recreation and for waste disposal is not easily put in- to similar figures; as a source of oxygen and through its interaction with the terrestrial ecosystems a healthy ocean may well have critical importance for the survival of the human species. The economic and esthetic potential of the coastal regions is far greater than we real- ize now; it has been estimated that with presently available teohnolo~r Pugot Sound alone could produce annually 6 million lb of oyster meat, equal in value to the entire present U.S. fish catch (Westley, 1967). The coastal waters produce almost the entire shellfish crop and nearly half of the total fish crop; the remainder comes from regions of upwelling waters that occupy one-tenth of one percent of the ocean surface and that are located near the margins of some continents. Similarly, recreational values, oil and mineral resources an~ marine waste disposal areas are concentrated almost entirely in the coastal regions of the ocean. 2 COASTAL WATERS - MULTIPLE STRESSES Our growing population and our expanding tecbnolo~r lead to an increasing dependence on marine values and resources. Different uses of the coamtal environment are often in conflict and are being made and planned with little regard for the marine environment as a large interrelated ecosystem. Of necessity, this stresses the environment and may lead to unanticipated and potentially irreversible harm These stresses come from many unrelated sources, among these are the loss of marshland, the disposal of domestic and industrial wastes, pollution by persistent chemicals, overfiehing, destruction of productive habitats `by dredging, water diversion resulting in changes in the nutrient balance and - not the least - oil pollution, the subject of this paper. The marine environment is tolerant of changes - up to a point. Many individual ac- tions and even mingle large stresses can be tolerated; whether this is still true for the sum of the stresses imposed on the environment now should be a matter of great common con- cern. We have polluted many of our rivers and lakes, including some large.bodies of water like Lake Erie. The wastes that now enter the coastal regions of the ocean are similar to those that have damaged the Great Lakes; in fact they are probably more toxic and more per- sistent. Given the same damaging input, the ocean differs from the lakes principally only in its size and time constant; changes may take a much longer time to become evident but, am a direct consequence, restoration of a pollute4 ocean will also require an entirely clif- ferent time scale A polluted small lake can be reclaimed within a few years Lake Erie may or may not be restored within 50 years, but a polluted ocean will remain irreversibly damaged for many generations. lCetchua (1970) has pointed out that nature ham a tremendous capacity to recover from the abuses of pollution, so long am the rate of addition does not exceed the rate of recov- ery of the environment. When this limit is exceeded, however, the deterioration of the environment is rapid and sometimes irreversible It is not within the scope of this paper to consider the entire field of marine pollu- tion;* the further discussion is restricted to the problem of marine, especially coastal, oil pollution because of the increasing extent of oil spillage and because of its severe, but largely unrecognized, biological effects. PAGENO="0135" 1453 -2- PID : IiP/7o/R-1 3 OIL POLLUTION Oil pollution is the almost inevitable consequence of our dependence on an oil-based technology. The use of a natural resouroe without losses is nearly impossible and environ- mental pollution occurs through intentional disposal or through inadvertent losses in pro.. duotion, transportation, refining and use. Large catastrophes like that of the TORBBY CANYON, the blow-outs at Santa Barbara and in the Gulf of Mexico get the attention of the publid because of the obvious esthetic damage and the bars to birds. Small end continuing spills and their far greater impact on less visible resouroes are less apparent to the pub- lic. It is estimated that annually 10,000 pollution incidents occur in U.S. waters and that oil pollution accounts for 7,500 of these. We have estimated that the total influx of oil to the ocean through shipping and by accidents in port is at least I million metric tons/year (Blamer, 1969). This does not include major catastrophes in production and at sea, unburned fuel, spent lubricants and a significant hydrocarbon contribution entering the sea from land~based sources, e.g. in municipal wastes. Thus, the total hydrocarbon influx to the ocean may be as high as 10_million metric tons. Most of this influx of hydrocarbons takes place in coastal regions and contributes to the stress on our most productive areas of the ocean. 4 OIL COMPOSITION MID P~BSISTEHCE Petroleum is one of the most complex natural materials and contains many thousand dif- ferent compounds. Different crude oils differ markedly in their physical properties, such as specific gravity, viscosity and boiling point distribution. It is beyond the scope of this paper to describe the crude oil composition more than superficially (Blamer, 1969 and reviews in: Hglinton and Murphy, 1969). However, for our dissuasion, considerable simplifi- cation is possible since, every crude oil contains the same homologous series of closely re- lated compounds. Different orudes differ mainly in the relative contribution of the indi- vidual member of these series. However, within these homologous series, chemical properties and toxicity vary little. Thus, low and high boiling saturated and aromatic hydrocarbons occur in every crude oil and though their numbers may go into thousands, individual members of these series have very similar chemical and biological properties (Blamer, 1969). It follows that in their chemical,.. biological and toxicological properties crude oils are very similar, in spite of marked differences in individual composition and overall physical pro- perties. Petroleum and petroleum hydrocarbons ~n the marine environment are remarkably stable. Hydrocarbons that are dissolved in the water column are eventually destroyed by bacterial attack, though it should be pointed out that it is the most toxic compounds that are also the most refractory ones. We have demonstrated that hydrocarbons that are ingested by marine organisms pass through the wall of the gut and become part of their lipid pool. Within the body lipids even relatively unstable hydrocarbons are preserved. Natural hydrocarbons and hydrocarbons from pollution that have been incorporated into the lipids of marine-organisms are protected from bacterial attack and can be transferred from food organisms to predators; thus, they spread throughout the marine food web in a manner similar to that of other persistent chem- icals, e.g. D]YP (Blamer, Sousa and Sass, 1970; Blamer, 1967; Blamer ~ ~ 1969). It appears that hydrocarbons within marine sediments are also well pioteoted from bac- terial degradation. Thus in a spill of fuel oil in West Falmouth, Massachusetts, U.S.A., oil was incorporated into the sediments of coastal waters, rivers, harbours and marshes. The oil has persisted within the sediments `for many months after the accident in unchanged composition and toxicity and we find that transport of oil-laden sediments still is con- taminating areas that were free from contamination for months after the accident (Blumer, Sousa and Sass, 1970). PAGENO="0136" 1454 - 3..- FIR s MP/70/R-1 5 OIL - I!4?~EDIATE TOXICITY All crude oils and all oil fractions except highly purified and pure materials are poisonous to all marine organisms. This is not a new finding. The wreck of the TAI~PICO in Baja California, Nexico (1957) "created a situation where a completely natural area was almost totally destroyed suddenly on a large scale Among the dead species were lobsters, abalone, sea urchins, starfish, mussels, clams and bostr~ of smaller forms" (North, 1967). Similarly, the spill of fuel oil in West Palmóuth, Na~..achusetts, U.S.A., has virtually cx- tingtiiehed life in a productive coastal and intertidal area, with a complete kill extenclin over all phyla represented in that habitat (Hampson and Sanders, 1969 and unpublished data Toxicity is immediate and leads to death within minutes or hours (Wilber, 1969) These complex fractions are principally responsible for this immediate toxicity The low boiling~saturated hydrocarb ns have, until recently,been considered harmless to the marine environment But this fraction, which is readily soluble in sea water, produces at low concentration anaesthesia and narcosis and at greater concentration cell damage end death in a wide variety of lower animals, it say be especially damaging to the young forms of marine life (aoldacre, 1968). The low boiling~~atio bydoôarbons are the most im- mediately toxic fraction. Benzene, to~ene and xylene are~acuti~ii~is for man as well as for other organisms, naphthalene and phenanthrene are even more toxic to fishes than ben.- zone, toluene and xylena (Wilber, 1969). These hydrocarbons and substituted one.-, two-and three-ring hydrocarbons of similar toxicity are abundant in all oils and most, especially the lower'-boiling, oil products Low-boiling aromatics are even more water soluble than the saturates and can kill marine organisms either by direct contact or through contact with dilute solutions Olefinic hyd~'ocarbon~ons, intermediate in structure and properties and prob- ably in toxicity between saturated and aromatic hydrocarbons, are absent in crude oil but occur in refining products, e g gasoline and cracked products, and are in part responsible for their immediate toxicity Thameroua other components of crude oils are toxic, among those named by Speers and Whitebead (1969), cresols, ~ylenols, naphthols, quinoline and substituted quinolines and pyridines and bydronybenzoquinolines are of special concern here because of their great toxicity and their eolubility in water It ie unfortunate that statements which disclaim this established toxicity are still being circulated. Simpson (1968). claimed that "there is no evidence that oil spilt round the British Isles have ever killed any of these (mussels, cockles, winkles, oysters, shrimps, lobsters, crabs) shellfish " It was obvious whon this statement was made that such animals were indeed killed by the accident of the TORRET CAHT~R~ as well as by earlier accidents work since then has confirmed the earlier investigation In addition, by its emphasis on the adult life forms only, such a statement implies wrongly that juvenile forms also were unaffected, 6 OIL ABD CANCER The hig~ier boiling crude oil fvactions are rich in multiring aromatic compounds It was at one time thought that only a few of these compounds, mainly 3, 4-benzopyrene, were capable of inducing cancer As R A Dean (1968) of the British Petroleum Company stated "no 3, 4-benzopyrene has been detected in any crude oil.., it therefore seems that the risk to the health of a member of the public by spillage of oil at sea is probably far less than that which he normally encounters by eating the foods he enjoys." However, already at the time when this statement was made, carcinogenic fractions containing 1 ,2-benzanthracene and alkylbenzantbracenes had been isolated by Carruthers, Stewart and Watkins (1967) and it was known that "biological tests have shown that the extracts obtained from high-boiling frac- tions of the Kuwait oil (method) are carcinogenic " Purther `Benzanthracene derivatives, however, are evidently not the only type of carcinogen in the oil We now know that a far wider range of polynuclear aromatic compounds than benzopyrene and benzantbracene are potent tumor initiators A wide range of al1i~rlated 4-and 5-ring PAGENO="0137" 1455 -4- PIR * MP/7o/R-.1 aromatic hydrocarbons have such carcinogenic activity (Wynder and Hoffman, 1968) and it is relevant that alky] substituted polycyclic aromatic hydrocarbons predominate in the aromatic fraction from crude oils (Meinschein, 1969). According to Wilber (1969) "there is evidence that even a highly refined diesel engine lubricating oil obtained from a naphthenic base crude oil, and lacking in substances ordinarily known to be carcinogenic, can induce tumors of the digestive tract of animals." Also, "Cutting oil is known to have carcinogenic potency". These references and.~a general knowledge of the composition of crude oils suggest that all crude oils and all oil products containing hydrocarbons boiling between 300 and 500°C should be viewed as potential cancer induoers. This has severe implications.for fisheries and human health. In our study of the West Palmouth oil spill (Blumer, Sousa and Sass, 1970) we have shown that oil from a spill is taken up by shellfish and built into their body fat without fractionation of the hydrocarbons. In that specific accident an oil boiling between about 170 and 370°C was involved; this ~. boiling range overlaps with that within which carcinogens have to be expected. Human con- sumption of such contaminated shellfish and other fisheries resources should therefore be viewed with great suspicion. Carcinogenic hydrocarbons can enter the chain leading to human food at an even lower level; thus, it was shown by Doerr (1965) that intact plant roots can take up carcinogens like 3, 4-benzopyretie from their growth medium. Other questions suggest themselves: Floating masses of crude oil now cover all oceans and are being washed up on shores. It has been thought that such stranded lumps "are of. little consequence ecologically" (Spooner, 1969). We have shown that such lumps, even after - considerable weathering, still contain nearly the full range of hydrocarbons of the original crude oil, extending in boiling point as low as 150°C. Thus such lumps still contain some of the immediately toxic lower boiling hydrocarbons and could hardly be considered ecologic- ally of little consequence. In addition, the oil lumps contain all of the potentially car- cinogenic material in the 300_5000 boiling fraction. The presence of oil lumps ("tar") or finely dispersed oil on recreational beaches may well constitute a severe public health haz- ard, through continued skin contact. 7 OIL - DESTRUCTION OF FlSEERIEZ RESOURCES. It has been said that "a review of the literature indicates that in deep water, whether in the open ocean or a mile or so offshore, no significant damage to marine life is en- countered from even large oil spills because pelagic fish avoid the spill and few other marine species are present" (Little, 1969). We wonder whether anyone could take such a statement seriously, who knows the established toxicity of crude oil, the richness of coastal life and the complexity of marine life cycles. The dead fish of many different species that were washed ashore after the West Falmouth oil spill (Hampson and Sanders, 1969), clearly were unable to avoid the spill, nor will the fish fry in estuaries and marshes or the plank- tonic food organisms in the open ocean be able to avoid a large spill or the plume of toxic dissolved hydrocarbons descending from it. Unfortunately, investigation of the effects of major accidents (e.g. TOREEY CABYON, Santa Barbara) have very largely concentrated on the study of damage to adult fish or of any immediate reduction in fish catches. This is not sufficient, we must also consider the damage to the often more delicate juvenile forms and to the food organisms on which commercial fishes feed. Damage to these will not show up immediately nor willit be evident necessarily at the location of the accident. A large spill may lead to a gradual reduction of productivity over a large but diffusely defined area. The combined effect of many such spills and of other stresses, e.g. from overfishing and from the filling of marshlands, may lead to a reduction in fishing income which is dif- ficult to trace to any single cause. The so-called "tainting" of fish and shellfish by oil spills has been recognized for many years; however, it was not realized until now that oil does not "pass through the got without hartn"(Spooner, 1969) but is incorporated into and stabilized in the lipid pool of the organisms (Blumer, Sousa and Sass, 1970). PAGENO="0138" 1456 -5- FIR * It is widely assumed that fish and shellfish "tainted" by oil will again be fit for human consumption after a period from 2 weeks (Simpson, 1968) to `several months (Little, 1969). Our experience makes this highly improbable. For one thing, natural hydrocarbons, e.g. pristane which also occurs in crude oil, are retained in the lipids of marine organisms for life (Blumer, 1967; Hampmon and Sanders, 1969). Further, shellfish exposed to the West Falmouth oil spill had retained the fuel oil to which they had been expoBed several months after the accident (Blwner, Sousa and Sass, 1970). If the oil were contained solely in the gut of the animals, it might be readily displaced; however, oil is resorbed and incorporated into the lipids where it may not be readily mobilized as long as the animal lives. The disappearance of an "oily smell is no clue whetiier fish or shellfish has cleansed itself of the oil pollution. Only a small fraction of the petroleum has a pronounced odor and loss of these compounds say occur while the more harmful high.boiling, taste-and odor- less carcinogens are retained It has been reported that boiling or frying will remove the odor; however, it will not affect the presence of polycyclic aromatic hydrocarbons. - 8 OIL - LOW LEVEL E~ECTS. - We are concerned that oil pollution, even at very low levels, say be responsible for long-term damage to the marine ecology.' Many biological processes ,which are important for the survival of marine organisms and which occupy key positions in their life processes, are mediated by extremely low concentration of chemical messengers in the sea water We have demonstrated that marine predators are attracted to their prey by organio compounds at con- centrations near the part per billion level (Whittle and Blumer, 1970) Such chemioal at- traction - and in a similar way repulsion - plays a role in the finding of food, the escape from predators, in homing of many commercially important species of fishes, in the selection of habitats and in sex attraotion There is good reason to believe that pollution inter- feres with these processes in two wayes by blocking the taste receptors and by mimicking for natural stimuli; the latter leads to false' responses. Those crude oil fractions likely to interfere with such processes are high boiling saturated and aromatic hydrocarbons and * the full range of the olefinic hydrocarbons. It has long been known that lobsters are attracted to crude oil distillate fractions, especially kerosene (Prudden, 1967; Anon 1969); this has now been confirmed in the lab- oratory and with purified hydrocarbon fractions derived from kerosene (Boylan~ 1969). Thus it is likely that an oil spill will attract lobsters away from their normal food and guide thea into `the direction of the spill, where they are more likely' to be severely contaminated or killed Again, this is in direct contradiction to the opinion quoted above (Little, 1969) that marine animals will actively avoid oil spills It may be relevant that after the West Falmouth oil spill numerous dead lobsters were washed ashore Interference with an animal's normal sense of smell and taste by pollutants at very low and seemingly innocuous concentration levels may have disastrous effects on the survival of any marine species and the damage may extend to other species to which it is tied by the marine food web. 9 COTJNTRRNRdSURES . ` ,, Compared to the number and size of accidents and disasters, the present countermeasures are inadequate. However, a rapidly `advancing technology is hopeful of developing techniques that will be effective in dealing even with very large spills under severe sea conditions. Yet, while we may remain hopeful that the gross esthetic damage from oil spills may be.avoided sometime in the future, there is no reason to be hopeful that existing or planned counter- measures will reduce the biological impact of oil pollution The most immediately toxic fractions of oil and oil `products are soluble in sea water; therefore, biological damage will occur at the very moment of the aocident. Water currents will immediately spread the toxic plume of dissolved oil components and, if the accident occurs in inshore waters, the whole water column will be poisoned even if the bulk of the PAGENO="0139" 1457 FIR : oil floats on the surface. The speed with which theoil dissolves is increased by agita- tion, and in storm conditions the oil will partly emulsify and will present a much larger eurface area to the water; consequently, the toxic fraction will dissolve more rapidly and reach higher concentrations. From the point of view of avoiding the immediate biological effect of oil spills, countermeasures are completely effective only if all of the oil is recovered immedia~~~ after the spill. The technolo~ to achieve this goal does not~ E. Scaie comments on existing countermeasures and their biological effects nppear appropriate: 9.1 ~ The toxic, solvent-based detergents which did so much damage in the clean-up after the TORRET CANYON accident are presently only in limited use. However, so-called "nontoxic dispersants" have been developed. The term "nontoxic" is misleading; these chemicals may be nontoxic to a limited number of often quite resistant test organisms but they are rarely tested in their effects upon a very wide spectrum of marine organisms including their juvenile forms, preferably in their normal habitat. Further, in actual use the diapersant-cil mix- tures are severely toxic, and bacterial degradation of "nontoxic" detergents may lead to toxic breakdown products. The effect of a dispersant is to lower the surface tension of the oil to a point where it will disperse in the form of small droplets. It is recommended that the breakup of the oil slick be aided by agitation, natural or mechanical. Thus, the purpose of the detergent is essentially a cosmetic one and it ic therefore attractive to a polluter, who ie concerned about his public image or potential lawsuits resulting from obvious esthetic damage. How- ever, the recommendation to apply dispersanta ("the use of newer diapersants of low toxicity is desirable here (in estuaries and salt marshes) and on shores" (Spconer, 1969) is made in complete disregard of their ecological effects. Instead of removing the oil, dispersanta push the oil actively into the marine environment; because of the finer degree of disper- sion, the immediately toxic fraction dissolves rapidly and reaches a higher concentration in the sea water than it would if natural dispersal were allowed. The long-term poisons (e.g. the carcinogens) are made available to and are ingested by marine filter feeders, and they can eventually return to man incorporated into the food he recovers from the ocean. For these reasons I feel that the mao of dispersants is unacceptable, inshore or off- shore, except under special circumstances, e.g. extreme fire hazard from spillage of gasoline. 9.2 ~~lsinkin Sinking has been recommended: "The long-term effects on marine life will not be as disastrous am previously envisaged. Sinking of oil may result in the mobile bottom dwellers moving to new locations for several years; however, conditions may return to normal aethe oil decays" (Little, 1969). Again, these conclurnions disregard our present biowledge of the effect of oil spills. Sunken oil will kill the bottom fauna rapidly, before most mobile bottom dwellers have time to move away. The sessile formm of commercial importance (oystara, scallops, etc.) will be killed said. other mobile organisms (lobsters) may be attracted into the direction of the spill where the exposure will contaminate or kill thorn. The persistent fraction of the oil which is not readily attacked by bacteria contains the long-tern poisons, e.g. the car- cinogens, and they will remain on the sea bettors for very long time periods. Empomure to these compounds may damage organisms or render them unfit for human nutrition even after the area has been repopulated. 9.3 Combustion Burning the oil through the additIon of wic~ui or oxic1n'~tm gp~cara nerd a t~tcttvc from the point of view of avoiding biological dam then dim~sr.iosi tmd eini~ig. !1~ri~voi'~ it PAGENO="0140" 1458 FIR $ ~`/70/R-1 will be effective only if burning can start immediately after a spill. The elevated temp- erature of the oil during burning will increase the water solubility of the most toxic com- ponents of the oil; this may lead to greater biological damage than if the same amount of oil had been mechanically recovered. 9.4 Mechanical containment and removal Containment and removal appear ideal from the point of avoiding biological damage. How- every they can be effective only if applied immediately after the accident. Under severe weather conditions, floating booms and barriers are ineffective. Booms were applied during the West Falmouth oil spill; however, the biological damage in the sealed-off harboure was severe and was caused probably b~j the oil which bypassed the booms in solution in sea water and. in the form of wind-dispersed droplets. 9.5 ~ Hydrocarbons in the sea are naturally degraded by marine micro-organisms. It is hoped to make this the basis of an oil removal technolo~r through bacterial seeding and fertiliza- tion of oil slicks. However, great obstacles and many unknowns stand in the way of the application of this attractive idea. No single microbial species will degrade any whole crude oil; bacteria are highly selective and complete degradation requires many different bacterial species (ZoBe].l, 1969). Bacterial oxidation of hydrocarbons produces many intermediates which may be more toxic than the hydrocarbons; therefore, organisms are also required that will further attack the hydro- carbon decomposition products (ZoBell, 1969). Hydrocarbons and other compounds in crude oil siay be bacteriostatic or bacteriocidal (ZoBell, 1969), this may reduce the rate of degradation, where it is most urgently needed The fraction of crude oil that is most readily attacked by bacteria is the least toxic one, the normal paraffins the toxic aromatic hydrocarbons, especially the carcinogenic poly- nuclear aro~natics, are not rapidly attacked (Blumer, Souza and Sass, 1970 ZoRell, 1969) The oxygen requirement in bacterial oil degradation is severe; the complete oxidation of I gal of crude oil requires all the dissolved oxygen in 320,000 gal of air-saturated sea water (ZoBsil, 1969). Therefore, oxidation may be slow in areas where the oxygen con- tent has been lowered by previous pollution and the bacterial degradation may cause addi- tional ecological damage through oxygen depletion. 9.6 Cost effectiveness The high value of fisheries resources, which exceeds that of the oil recovery from the sea, and the importance of marine proteins for human nutrition demand that cost effective. ness analysis of oil spill countermeasures consider the cost of direct and indirect ecologi- cal damage It is disappointing that existing studies completely neglect to consider these real values (Little, 1969) A similarly one-sided approach would be, for instance, a dama ~ by fisheries co-looms that all marine oil production and shipping be terminated, since it clearly interferes with fisheries interests. We have to start to realize that we are paying for the damage to the environment, es- pecially if the damage is as tangible as that of oil pollution to fisheries resources a~at to recreation. Rs:perionce has shown that cleaning up a polluted aquatic environment is much sore expensive than it would have been to keep the environment clean from the beginning Ocetchurn, 1970). In terms of minimizing the environmental damage, Bpill preirention will produce far greater returns than cleanup - and we believe that this relationship will hold in a rouli~rbio analysis of the overall cost effectiveness of prevention or cleanup costs. PAGENO="0141" 1459 8- FIR : MP/70/R-.1 10 SELFCONTROL AND LAW ETh0RC~NEb1T The oil industry has an outstanding personnel and plant safety record. Oil refineries probably operate more safely than any other plants of equal production capacity. The in- dustry has achieved this record through internal control because of the realization of the cost effectiveness of personnel safety. We believe that the oil industry at the present is riot aware of the substantiated tox- icity of oil in the marine environment. If the oil industry recognizes the threat that oil pollution poses to our best use of the marine resources, it may well strive for an ecological safety record similar to its plant safety record. It would be unrealistic to expect that intentional and ne~ligent oil pollution can be stopped through education or appeals to man' s responsibility. In this respect law enforce- ment will have to speak more strongly. Methods for the identification of oil spills by day and night through mpectroscopio surveys from airplanes are becoming available (Swaby, 1969). Active tagging of oil in marine transit (Horowitz, 1969) should provide for simple and con- elusive identification of spills. Even without active tagging, which depends on the willing cooperation of the ship owners and operators, each oil and oil product has its unique finger- print. Sophisticated analytical techniques are available (e.g. capillary gas chromatography combined with mass speotrometry) that can qualitatively and quantitatively determine hundreds of' different compounds in a spilled oil within a very short time. These techniques are available arid simple and should be a great aid to more effective law enforcement. In their effectiveness for law enforcement these techniques could be greatly supported if the oil industry would make available samples or analyses of those crude oils aM products which are being traneported across the sea. 11 CONOLUSIONS The toxicity of crude oil and oil products to marine life and the danger of oil pollu". tion to the marine ecolo~' ham been established in several independent ways: 1. Studies of crude oil composition and isolation of compounds known to be toxic, e.g. low boiling aromatic hydrocarbons and the carcinogenic, high boiling poly- cyclic arcmatica 2. Laboratory studies of the effect of oil arid oil fractions on marine organisms 3. Field studies of the effect of oil spills On marine organisms in their normal habitat Pollution with crude oil and oil fractions damages the marine ecol~~ through different effects: 1. Direct kill of organisms through coating and asphyxiation (Arthur, 1968) 2. Direct kill through contact poisoning of organisms 3. Direct kill through exposure to the water-soluble toxic components of oil at some distance in space and time from the accident 4. Destruction of the generally more sensitive juvenile forms of organisms 5. Destruction of the food sources of higher species 6. Incorporation of sublethal amounts of oil, and oil products into ~rgarüsms re- sulting in reduced resistance to infection and other stresses (the principal cause of death in birds surviving the immediate exposure to oil; Beer, 1968). PAGENO="0142" 1460 FIR : IIP/70/R-1 7. Destruction of food values through the incorporation of oil and oil products into fisheries resources 8 Incorporation of carcinogens into the marine food chain and. human food sources 9. Low level effects that may interrupt any of the numerous events necessary for the propagation of marine species and. for the survival of those species weich stand higher in the marine food. web Some distillates may be more poisonous than some crude oils thus, kerosene and #2 fuel oil are particularly rich in the low boiling water-soluble poisons and higher boiling distillates are rich in carcinogenic hydrocarbons However, the toxicity of oil is spread over such a wide boiling range, and the composition of different crudes in terms of their chemical type distribution is so similar, that all crude oils and d.istillates must be con- sidered. severe environmental poisons Crude oil and most products are persistent poisons; they enter the marine food. chain, * they are stabilized in the lipids of marine organisms and they are transferred. from prey to predator. The persistence is especially severe for the most poisonous compounds of oil; most of these do not normally occur in organisms and. natural pathways for their biodegrad.a-. tion are missing Because of their low density, relative to sea water, crude oil and d.iatillates should float, however, both the experiences of the TORREY CAEYON and. of the West Falmouth oil spill have shown oil on the sea floor Oil in inshore and offshore sediments is not readily bioclegrad.ed; it can move with the sediments and can contaminate unpolluted areas long after an accident. None of the presently used containment and. recovery techniques prevents the ecological damage and the damage to fisheries products from oil spills Toxicity is evident iremedi- ately and the poisonous fraction will be carried in water solution away from the accident, even if the surface spill is contained. and recovered rapidly. Detergents ~ while cosmetically effective, are especially harmful since they introduce all the oil into the environment. There are no dispersants that are not toxic in the presence of oil. The use of ~ctispersants should be most strongly discouraged. Natural mechanisms for the degradation of oil in the sea exist; unfortunately, these are least effective for the most severely toxic components of oil. As a result, the most toxic fractions are also the most persistent ones The breakdown products of oil and. die- persants may also be toxic. Further, oil that has been incorporated into the lipids of marine organisms and. into the sediments at the sea bottom and, in estuaries and marshes is largely unavailable to the natural degradation poisoning of the bottom habitats and of the marine food web will therefore be more severe and more persistent than the poisoning of the water column. itself. - - The tolerance of the marine ecologr to oil spills is unknown. The great persistence of oil and the existence of low level effects suggest a lower tolerance than we would expect by considering cnly the immediate toxicity of oil at high concentration levels. The effects of oil pollution, especially in the coastal environment, cannot be considered without also considering the other stresses on these most productive regions of the ocean The combined impact of oil and oil products, chemicals, domestic sewage and municipal wastes, of the filling of wetlands, of dredging and of overfishing might lead to a deteriora- tion of the coastal regions similar to that which we have brought about in the Great Lakes Because of the much longer time scale of the oceans, such a catastrophic deterioration would not likely be reversed within many generations it would have a deep and lasting impact on the future of mankind PAGENO="0143" 1461 -10- PIE $ ~1P/7O/R..1 12 REF~EENCES Arthur, D.R., The biological problems of littoral pollution by oil and eraulsifiers a 1968 summing up. Pld Stud., 2(Suppl. ) :159-64 Beer, 3.V., Post-mortem findings in oiled auks during attempted rehabIlitation. ~ 1968 2(Suppl. ) :123-9 Blumer, N., Hydrocarbons in digestive tract and liver of a basking ahark. ~ceNY., 1967 156(3773) :390-1 ___________ Oil pollution of the ocean. ~ Oil on the sea, edited by D.P. Hou]t, New 1969 York, Plenum Press, pp.5-13 *Blumer, L, 0. Souza and 3. Sass, Hydrocarbon pollution of edible shellfish by an oil 1970 spill. (WHOX 70-l)Jan.l970:l4 p. Also issued in ~ (in press) Bluser, N., ~ ~., Phytol-derived 019 di- and triolefinic hydrocarbons in marine zoo- 1969 plankton and.fishes, ~9phemtsi~, 8:4067 Boylan, D.3. and B. Hart, Unpubl.results 1969 Carruthera, W., R.P.M. Stewart and D.A.N. Watkins, I ,2-Benzanthraoene derivatives in a 1967 Kuwait mineral oil. NatureJ~o~., 213:691-2 Dean, R.A., The chemistry of crude oils in relation to their spillage on the sea. ~ 1968 ~ 2(Suppl.):l-6 Doeñ, H., Alkaloid and bonzcpyrene uptake by intact plant roots. Paturwiae~eka~en, 1965 52:166 Hglinton, 0. and LT.J. Murphy, Eds, Organic gecchernistry, Berlin, Springer * 1969 Goldacre, R.J., The effects of detergents and oils on the cell membrane. 1~i., 1968 2(Suppl. ):131-7 Earapson, G.E. and H.L. Sanders, Local oil spill. ~, 15:8-10 * l9~9 Bolt, 5.3., The food resources of the ocean. Scient.Am., 22l(3):l78-82,l87-94 1969 Horowitz, 3., Oil spills: comparison of several methods of identification. Paper 1969 presented to Joint API-FICPA Conference on Prevention and Control of Oil Spills. Press releas, Dec. 17, 1969 Ketchum, B.L, Biological effects of pollution of estuaries and coastal waters. Boston, 1970 University Press (in press) _____, Testimony before the Subocrarnittee on Public Works, March 5, 1970 (unpubl.MS) 1970 Little, A.D., Inc., Combating pollution created by oil spills. ~ Report to the 1969 Department of Trannport;ation, U.S. Coast Ouard., vol. 1, Methods, p.713 86 (H), June 30, 1969 PAGENO="0144" 1462 11 FIR * MP/70/R..1 Meinsohein, W.G., Hydrocarbons-saturated, unsaturated and aromatic. ~ Organic 1969 geochemistry, edited by 0. Eglinton and LT.3. Murphy, Berlin, Springer, pp 330-56 No.~th, W J , Tainpico, a study of destruction and restoration Sea Front , 13 212-7 1967 Prudden, P. K., Aboixt lobsters. Freeport, Maine, Bond Wheelright Co. 1967 Simpson £.C., Oil, emulsifiers and cosmieroial shellfish. ~p4., 2(Suppl.):91-8 196k Speers, 0.0. and E.V. Whitehoad, Crude petroleum. ~ Organic geochemistry, edited by 1969 0 Eglinton and K P J Murphy, Berlin, Springer, pp 638.75 Spoonor, LF , Some ecological effects of marine oil pollution Paper presented at Joint 1969 API-yWPCA Conference on Prevention and Control of Oil Spills Press release, Dec 17, 1969 Swaby, L. 0., Remote sensing of oil slicks.. Paper presented at Joint API..FWPCA Conference 1969 on Prevention and Control of Oil Spills. Press release, Dec.17, 1969 Westley, R , ~ Conference on pollution of the navigable waters of Puget Sound, the 1967 Strait of Juan de Puca and their tributaries and estuaries, Seattle,Vol. 1, p. 174 f-rn Whittle, K.J. and K. Blumer, Chemotaxis in starfish. In Syxiposium on organic matter in 1970 natural waters, University of Alaska Press ~Tn press) Wilbsr, C 0 , The biological aspects of water pollution Springfield, Ill , Ch C Thomas, 1969 298 p W~nder, B L and D Hoffman, Experimental tobacco caroinogenesis Science N Y , 162:862 1968 ZoBell, C H , Microbial modification of crude oil in the sea Paper presented at Joint 1969 API-IWPCA Conference on Prevention and Control of Oil Spills Press release, Dec.17, 1969 Axiom., Editorial. ~ea Secrets, 13(ll):7 1969 We are grateful for continued support of our work on origin and fate of hydrocarbons in the sea by ONR, NSF and ~WPCA (current grants and contracts, P00 14-66-00-241, CL 1625, ENS 18050) The concern and suggestions of nany colleagnes has contributed Special gratitude goes to Drs. R.H. Backus, V.P. Bowen, J.M. Bunt, B.H. ICotohum, J. Ryther, H.L. Sanders and O.C. Zafirioxi This is Contribution Ho 0000 of the Woods Hole Oce~nograpbio Institution PAGENO="0145" 1463 SCIENTIFIC ASPECTS OF THE OIL SPILL PROBLEM BY MAX BLUMER Reprinted with Permission from ENVIRONMENTAL AFFAIRS Volume I, Number 1, April 1971 by the Woods Hole Oceanographic Institution Woods Hole, Mass. 02543 77-463 0 -72 - pt. 3 - 10 PAGENO="0146" 1464 SCIENTIFIC ASPECTS OF THE OIL SPILL PROBLEM By Max Blumer THE EXTENT OF MARINE OIL POLLUTION Oil pollution is the almost inevitable consequence of our de.~ pendence on an oil-based technology The use of a natural re- source without losses is nearly impossible and environmental pollution occurs through intentional disposal or through in- advertent losses in production, transportation, refining and use How large is the oil influx to the ocean ~ The washing of cargo tanks at sea, according to the director of Shell International, Marine Ltd 1 had the potential in 1967 of introducing 2 8 million tons into the ocean, assuming that no use was made of the Load on Top (LOT) technique With the increase in ocean oil trans- port from 1967 to 1970 this potential has grown to 6 million tons Fhe LOT technique is not being applied to one quarter of the oil tonnage moved by tankers, consequently, these vessels intro- duce about 1 5 million tons of oil into the sea The limitations of the LOT technique have been described by E S Dillon2 the technique is not always used even if the equipment exists, the equipment may be inadequate, shore receiving facilities may be lacking and principal limitations lie in the formation of emul- sions in heavy seas or with heavy crude oils Insufficient time may be available for the separation of the emulsion or the oil water interface may not be readily recognized In addition the most toxic components of oil are also readily soluble in water and their disposal into the ocean could be avoided only if clean ballasting were substituted for the LOT technique For these reasons it is estimated that the present practices in tanker ballasting introduce about 3 million tons of petroleum into the ocean The pumping of bilges by vessels other than tankers con- tributes another 500,000 tons ~ In addition, in-port losses from 54 PAGENO="0147" 1465 THE OIL SPILL PROBLEM 55 collisions and during loading and unloading contribute an esti- mated 1 million tons.4 Oil enters the ocean from many other sources whose magnitude is much less readily assessed. Among these are accidents on the high seas (Torrey Canyon) or near shore, outside of harbors (West Falmouth, Mass.), losses during exploration (oil based drilling mud) and production (Santa Barbara, Gulf of Mexico), in storage (submarine storage tanks) and in pipeline breaks, and spent marine lubricants and incompletely burned fuels. A major contribution may come from untreated domestic and industrial wastes; it is estimated that nearly 2 million tons of used lubri- cating oil is unaccounted for each year in the United States alone, and, a significant portion of this reaches our coastal waters.56 Thus, the total annual oil influx to the ocean lies probably between 5 and 10 million tons. A more accurate assessment of the oil pollution of the oceans and of the relative contribution of different oils to the different marine environments is urgently needed. Such an assessment might well lie within the role of the NATO Committee on Challenges of the Modern Society. With the anticipated increase in foreign and domestic oil pro- duction, with increased oil transport and with the shift of pro- duction to more hazardous regions (Alaska, continental shelf, deep ocean), we can expect a rapid increase of the spillage rate and of the oil influx to the ocean. Floating masses of crude oil ("tar") are now commonly encountered on the oceans and crude oil is present on most beaches. Oil occurs in the stomach of sur- face feeding fishes7 and finely dispersed hydrocarbons occur in marine plants (e.g. sargassüm8) and in the fat of fish and shell- fish.°' Hydrocarbons from a relatively small and restricted oil spill in the coastal waters of Massachusetts, U.S.A., have spread, nine months after the accident to an area occupying 5000 acres (20 km2) offshore and 500 acres (2 kin2) in tidal rivers and marshes. The effect on the natural populations in this area has been catastrophic. The full extent of the coverage of the ocean bottom by petroleum hydrocarbons is unknown; chemical an- alyses are scarce or non-existent. EVALUATION OF THE THREAT Oil: Immediate Toxicity All crude oils and all oil fractions except highly purified and pure materials are poisonous to all marine organisms. This is not PAGENO="0148" 1466 56 ENVIRONMENTAL AFFAIRS a new finding The wreck of the "Tampico" in Baja, California, Mexico (1957) "created a situation where a completely natural area was almost totally destroyed suddenly on a large scale Among the dead species were lobsters, abalone, sea urchins, star- fish, mussels, clams and hosts of smaller forms "10 Similarly, the spill of fuel oil in West Falmouth, Massachusetts, U S A, has virtually extinguished life in a productive coastal and intertidal area, with a complete kill extending over all phyla represented in that habitat (Hampson and Sanders" and unpublished data). Toxicity is. immediate and leads to death. within minutes or hours i2 Principally responsible for this immediate toxicity are three complex fractions The low boiling saturated hydrocarbons have, until quite recently, been considered harmless to the marine environment It has now been found that this fraction, which is rather readily soluble in sea water, produces at low concentration anaesthesia and narcosis and at greater concentration cell damage and death in a wide variety of lower animals, it may be especially damaging to the young forms of marine life 13 The low boiling aromatic hydrocarbons are the most immediately toxic fraction Benzene, toluene and xylene are acute poisons for man as well as for other organisms, naphthalene and phenanthrene are even more toxic to fishes than benzene, toluene and xylene 14 These hydrocarbons and substituted one-, two-, and three-ring hydrocarbons of similar toxicity are abundant in all oils and most, especially the lower boiling, oil products Low boiling aromatics are even more water soluble than the saturates and can kill marine organisms either by direct contact or through contact with dilute solutions Olefinic hydrocarbons, intermediate in structure and properties, and probably in toxicity, between saturated and aromatic hydrocarbons are absent in crude oil but occur in refining products (e g, gasoline and cracked products) and are in part responsible for their immediate toxicity Numerous other components of crude oils are toxic Among those named by Speers and Whitehead,'5 cresols, xylenols, naphthols, quinoline and substituted quinolines and pyridines and hydroxybenzoquinolines are of special concern here because of their great toxicity and their solubility in water It is un- fortunate that statements which disclaim this established toxic- ity are still being circulated Simpsonhe claimed that "there is no evidence that oil spilt round the British Isles has ever killed any PAGENO="0149" 1467 THE OIL SPILL PROBLEM 57 of these (mussels, cockles, winkles, oysters, shrimps, lobsters, crabs) shellfish." It was obvious when this statement was made that such animals were indeed killed by the accident of the Torrey Canyon as well as by earlier accidents; work since then has confirmed the earlier investigation. In addition, this state- ment, by its emphasis only on the adult life forms, implies wrongly that juvenile forms were also unaffected. Oil and Cancer The higher boiling crude oil fractions are rich in inultiring aromatic compounds. It was at one time thought that only a few of these compounds, mainly 3,4-benzopyrene, were capable of inducing cancer. As R. A. Dean'7 of British Petroleum Company stated, "no 3,4-benzopyrene has been detected in any crude oil [I}t therefore seems that the risk to the health of a member of the public by spillage of oil at sea is probably far less than that which he normally encounters by eating the foods he enjoys." However, at the time this statement was made, carcinogenic fractions containing 1,2-benzanthracene and alkylbenzanthra- cenes had already been isolated by Carruthers, Stewart and Watkins'8 and it was known that "biological tests have shown that the extracts obtained from high-boiling fractions of the Kuwait oil. . . (method) . . . are carcinogenic." Further, "Benz- anthracene derivatives, however, are evidently not the only type of carcinogen in the oil. . . ." In 1968, the year when Dean claimed the absence of the powerful carcinogen 3,4 benzopyrene in crude oil, this hydrocarbon was isolated in crude oil from Libya, Venezuela and the Persian Gulf.19 The amounts measured were between 450 and 1800 milligrams per ton of the crude oil. Thus, we know that chemicals responsible for cancer in animals and man occur in petroleum. The causation of cancer in man by crude oil and oil products was observed some years ago, when a high incidence of skin cancer in some refinery personnel was ob- served. The cause was traced to prolonged skin contact by these persons with petroleum and with refinery products. Better plant design and education', aimed at preventing the contact, have since reduced or eliminated this hazard.2° However, these inci- dents have demonstrated that oil and oil products can cause cancer in man, and have supported the conclusions based on the finding of known carcinogens in oil. These references and a general knowledge of the composition of crude oils suggest that PAGENO="0150" 1468 58 ENVIRONMENTAL AFFAIRS all crude oils and all oil products containing high boiling aromatic hydrocarbons should be viewed as potential cancer inducers Safeguards in plant operations protect the public from this hazard However, when oil is spilled into the environment we loose control over it and should again be concerned about the possible public health hazard from cancer-causing chemicals in the oil We have shown that marine organisms ingest and retain hydrocarbons to which they are exposed These are transferred to and retained by predators In this way even animals that were not directly exposed to a spill can become polluted by cating contaminated chemicals This has severe implications for com- mercial fisheries and for human health. It suggests that market- ing and eating of oil contaminated fish and shellfish at the very least increases the body burden of carcinogenic chemicals and may constitute a public health hazard. Other questions suggest themselves Floating masses of crude oil now cover all oceans and are being washed up on shores Jt has been thought that such stranded lumps are of little con - sequence ecologically It has been shown that such lumps, even after considerable weathering, still contain nearly the full range of hydrocarbons of the original crude oil, extending in boiling point as low as 100°C Thus such lumps still contain some of the immediately toxic lower boiling hydrocarbons In addition, the oil lumps contain all of the potentially carcinogenic material in the 300_5000 boiling fraction The presence of oil lumps ("tar") or finely dispersed oil on recreational beaches may well constitute a severe public health hazard, through continued skin contact Low Level Effects of Oil Pollution The short-term toxicity of crude oil and of oil products and their carcinogenic properties are fairly well understood In con- trast to this we are rather ignorant about the long term and low level effects of oil pollution These may well be far more serious and long lasting than the more obvious short term effects I et us look at low level interference of oil pollution with the marine ecology Many biological processes which are important for the survival of marine organisms and which occupy key positions in their life processes are mediated by extremely low concentration of chemi- cal messengers in the sea water We have demonstrated that marine predators are attracted to their prey by organic corn- PAGENO="0151" 1469 THE OIL SPILL PROBLEM 39 pounds at concentrations below the part per billion level.2' Such chemical attraction-and in a similar way repulsion-plays a role in the finding of food, the escape from predators, in homing of many commercially important species of fishes, in the selection of habitats and in sex attraction. There is good reason to believe that pollution interferes with these processes in two ways, by blocking the taste receptors and by mimicking for natural stimuli. The latter leads to false response. Those crude oil frac- tions likely to interfere with such processes are the high boiling saturated and aromatic hydrocarbons and the full range of the olefinic hydrocarbons. It is obvious that a very simple-and seemingly innocuous-interference at extremely low concen- tration levels may have a disastrous effect on the survival of any marine species and on many other species to which it is tied by the marine food chain. Research in this critical area is urgently needed. The experi- ence with DDT has shown that low level effects are unpredictable and may suddenly become an ecological threat of unanticipated magnitude. The Persistence of Oil in the Environment Hydrocarbons are among the most persistent organic chemi- cals in the marine environment, It has been demonstrated that hydrocarbons are transferred from prey to predator and that they may be retained in organisms for long time periods, if not for life. Thus, a coastal spill near Cape Cod, Massachusetts, U.S.A., has led to the pollution of shellfish by fuel oil. Trans- planting of the shellfish to clean water does not remove the hydrocarbons from the tissues. Oil may contaminate organisms not only at the time of the spill; hydrocarbon-loaded sediments continue to be a source of pollution for many months after the accident. Oil, though lighter than water, does not remain at the sea sur- face alone; storms, or the uptake of organisms or minerals, sink the oil. Oil at the sea bottom has been found after the accidents of the Torrey Canyon at Santa Barbara and near Cape Cod. Clay minerals with adsorbed organic matter are an excellent adsorbent for hydrocarbons; they retain oil and may transport it to areas distant from the primary spill. Thus, ten months after the acci- dent at Cape Cod, the pollution of the bottom sediments covers an area that is much larger than that immediately after the spill. PAGENO="0152" 1470 60 ENVIRONMENTAL AFFAIRS In sediments, especially if they are anaerobic, oil is stable for long time periods. Indeed, it is a key fact of organic geochemistry that hydrocarbons in anaerobic recent sediments survive for millions of years until they eventually contribute to the forma- tion of petroleum. COUNTERMEASURES Compared to the number and size of accidents and disasters the present countermeasures are inadequate. Thus, iti spite of considerable improvement in skimming efficiency since the Santa Barbara accident, only 10% of the oil spilled from the Chevron well in the Gulf of Mexico was recovered 22 From an ecological point of view this gain is nearly meaningless While we may remain hopeful that the gross esthetic damage from oil spills may be avoided in the future, there is no reason to be hope- ful that existing or planned countermeasures will eliminate the biological impact of oil pollution The most immediately toxic fractions of oil and oil products are soluble in sea water, therefore, biological damage will occur at the very moment of the accident Water currents will imme- diately spread the toxic plume of dissolved oil components and, if the accident occurs in inshore waters, the whole water column will be poisoned even if the bulk of the oil floats on the surface The speed with which the oil dissolves is increased by agitation, and in storms the oil will partly emulsify and will then present a much larger surface area to the water, consequently, the toxic fractions dissolve more rapidly and reach higher concentrations From the point of view of avoiding the immediate biological effect of oil spills, countermeasures are completely effective only if all of the oil is recovered immediately after the spill The tech- nology to achieve this goal does not extst Oil spills damage many coastal and marine values water fowl, fisheries, and recreational resources, they lead to increased erosion; they diminish the water quality and may threaten human life or property through fire ha7ard A judicious choice has to be made in each case which-if any-of the existing but imperfect countermeasures to apply to minimize the overall damage or the damage to the most valuable resources Guide- lines for the use of countermeasures, especially of chemical countermeasures, exist23 and are being improved 24 Some com- ments on the ecological effects and desirability of the existing countermeasures appear appropriate PAGENO="0153" 1471 THE OIL SPILL PROBLEM 61 Detergents and Dispersants The toxic, solvent~based detergents which did so much damage in the clean-up after the Torrey Canyon accident are presently only in limited use. However, so-called "nontoxic dispersants" have been developed. The term "nontoxic" is misleading; these chemicals may be nontoxic to a limited number of often quite resistant test organisms but they are rarely tested in their effects upon a very wide spectrum of marine organisms including their juvenile forms, preferably in their normal habitat. Further, in actual use all dispersant-oil mixtures are severely toxic, because of the inherent toxicity of the oil, and bacterial degradation of "nontoxic" detergents may lead to toxic breakdown products. The effect of a dispersant is to lower the surface tension of the oil to a point where it will disperse in the form of small droplets. It is recommended that the breakup of the oil slick be aided by agitation, natural or mechanical. Thus, the purpose of the de- tergent is essentially a cosmetic one. However, the recommenda- tion to apply dispersants is often made in disregard of their ecological effects. Instead of removing the oil, dispersants push the oil actively into the marine environment; because of the finer degree of dispersion, the immediately toxic fraction dis- solves rapidly and reaches a higher concentration in the sea water than it would if natural dispersal were allowed. The long term poisons (e.g. the carcinogens) are made available to and are ingested by marine filter feeders, and they can eventually return to man incorporated into the food he recovers from the ocean. For these reasons I feel that the use of dispersants is unaccept- able, inshore or offshore, except under special circumstances, e.g., extreme fire hazard from spillage of gasoline, as outlined in the Contingency Plan for Oil Spills, Federal Water Quality Administration, 1969.2324 Physical Sinking Sinking has been recommended. "The long term effects on marine life will not be as disastrous as previously envisaged. Sinking of oil may result.in the mobile bottom dwellers moving to new locations for several years; however, conditions may re- turn to normal as the oil decays."25 . Again, these conclusions disregard our present knowledge of the effect of oil, spills. Sunken oil will kill the bottom faunas rapidly, before most mobile dwellers have time to move away.' The sessile forms of PAGENO="0154" 1472 62 ENVIRONMENTAL AFFAIRS commercial importance (oysters, scallops, etc.) will be killed and other mobile organisms (lobsters) may be attracted into the di- rection of the spill where the exposure will contaminate or kill them. The persistent fraction of the oil which is not readily at- tacked by bacteria contains the long term poisons, e.g., the carcinogens, and they will remain on the sea bottom for very long periods of time. Exposure to these compounds may damage organisms or render them unfit for human nutrition even after the area has been repopulated. The bacterial degradation of sunken oil requires much oxygen. As a result, sediments loaded with oil become anaerobic and bacterial degradation and reworking of the sediments by aerobic benthic organisms is arrested. It is one of the key principles of organic geochemistry that hydrocarbons in anaerobic sediments persist for million of years. Similarly, sunken oil will remain; it will slow down the resettlement of the polluted area; and it may constitute a source for the pollution of the water column and of fisheries resources for a long time after the original accident. For these reasons I believe that sinking of oil is unacceptable in the productive coastal and offshore regions. Before we apply this technique to the deep ocean with its limited oxygen supply and its fragile faunas we should gather more information about the interplay of the deep marine life with the commercial species of shallower waters. Combustion Burning the oil through the addition of wicks or oxidants ap- pears more attractive from the point of view of avoiding biologi- cal damage than dispersion and sinking. However, it will be effective only if burning can start immediately after a spill. For complete combustion, the entire spill must be covered by the combustion promoters, since burning will not extend to the un- treated areas; in practice, in stormy conditions, this may be im- possible to achieve. Mechanical Containment and Removal Containment and removal appear ideal from the point of avoiding biological damage. However, they can be effective only if applied immediately after the accident. Under severe weather conditions floating booms and barriers are ineffective. Booms were applied during the West Falmouth. oil spill; however, the PAGENO="0155" 1473 THE OIL SPILL PROBLEM 63 biological damage in the sealed-off harbors was severe and was caused probably by the oil which bypassed the booms in solution in sea water and in the form of wind-dispersed droplets. Bacterial Degradation Hydrocarbons in the sea are naturally degraded by marine microorganisms. Many hope to make this the basis of an oil re- inoval technology through bacterial seeding and fertilization of oil slicks. However, great obstacles and many unknowns stand in the way of the application of this attractive idea. No single microbial species will degrade any whole crude oil; bacteria are highly selective, and complete degradation requires many different bacterial species. Bacterial oxidation of hydro- carbons produces many intermediates which may be more toxic than the hydrocarbons; therefore, organisms are also required that will further attack the hydrocarbon decomposition products. Hydrocarbons and other compounds in crude oil may be bacteriostatic or bacteriocidal; this may reduce the rate of de- gradation, where it is most urgently needed. The fraction of crude oil that is most readily attacked by, bacteria is the least toxic one, the normal paraffins; the toxic aromatic hydrocarbons, especially the carcinogenic polynuclear aromatics, are not rapidly attacked. The oxygen requirement in bacterial oil degradation is severe; the complete oxidation of 1 gallon of crude oil requires all the dissolved oxygen in 320,000 gallons of air saturated sea water. Therefore, oxidation may be slow in areas where the oxygen con- tent has been lowered by previous pollution and the bacterial degradation may cause additional ecological damage through oxygen depletion. Cost Effectiveness The high value of fisheries resources, which exceeds that of the oil recovery from the sea, and the importance of marine proteins for human nutrition demand that cost effectiveness analysis of oil spill countermeasures consider the cost of direct and indirect ecological damage. It is disappointing that existing studies com- pletely neglect to consider these real values.17' A similarly one- sided approach would be, for instance, a demand by fisheries concerns that all marine oil production and shipping be termi- nated, since it clearly interferes with fisheries interests. PAGENO="0156" 1474 64 ENVIRONMENTAL AFFAIRS We must start to realize that we are paying for the damage to the environment, especially if the damage is as tangible as that of oil pollution to fisheries resources and to recreation Experi- ence has shown that cleaning up a polluted aquatic environment is much more expensive than it would have been to keep the environment clean from the beginning.26 In terms of minimizing the environmental damage, spill prevention will produce far greater returns than cleanup-and we believe that this relation- ship will hold in a realistic analysis of the overall cost effective- ness of prevention or cleanup costs THE RISK OF MARINE OIL POLLUTION The Risk to Marine Life Our knowledge of crude oil composition and of the effects of petroleum on marine organisms in the laboratory and in the marine environment force the conclusion that petroleum and petroleum products are toxic to most or all marine organisms. Petroleum hydrocarbons are persistent poisons They enter the marine food chain, they are stabilized in the lipids of marine organisms and they are transferred from prey to predator The persistence is especially severe for the most poisonous compounds of oil, most of these do not normally occur in organisms and natural pathways for their biodegradation are missing. Pollution with crude oil and oil fractions damages the marine ecology through different effects: 1 Direct kill of organisms through coating and asphyxiation 27 2 Direct kill through contact poisoning of organisms 3 Direct kill through exposure to the water soluble toxic com- ponents of oil at some distance in space and time from the acci- dent 4 Destruction of the generally more sensitive juvenile forms of organisms. 5 Destruction of the food sources of higher species 6 Incorporation of sublethal amounts of oil and oil products into organisms resulting in reduced resistance to infection and other stresses (the principal cause of death in birds surviving the immediate exposure to oil28) 7 Incorporation of carcinogenic and potentially mutagenic chemicals into marine organisms 8 Low level effects that may intei rupt any of the numerous events necessary for the propagation of marine species and for PAGENO="0157" 1475 THE OIL SPILL PROBLEM 65 the survival of those species which stand higher in the marine food web. The degree of toxicity of oil to marine organisms and the mode of action are fairly well understood. On the other hand, we are still far from understanding the effect of the existing and in- creasing oil pollution on the marine ecology on a large, especially world wide, scale. Few, if any, comprehensive studies of the effects of oil spills on the marine ecology have been undertaken. Petroleum and petroleum products are toxic chemicals; the long term biological effect of oil and its persistence cannot be studied without chemical analyses. Unfortunately, chemical analysis has not been used to support such studies in the past and conclusions on the per- sistence of oil in the environment have been arrived at solely by visual inspection. This is not sufficient; a sediment can be un- inhabitable to marine bottom organisms because of the presence of finely divided oil, but the oil may not be visually evident. Marine foods may be polluted by petroleum and may be hazard- ous to man but neither taste nor visual observation may disclose the presence of the toxic hydrocarbons. A coordinated biological and chemical study of the long-term effect and fate of a coastal oil spill in West Falmouth, Massa- chusetts, U.S.A. has shown that even a relatively low boiling, soluble and volatile oil persists and damages the ecology for many months after the `spill. In this instance about 650 tons of #2 fuel oil were accidentally discharged into the coastal waters off the Massachusetts coast. I wish to summarize our present findings of the effect of this accident. Persistence and Spread of the Pollution9~ Oil from the accident has been incorporated into the sediments of the tidal rivers and marshes and into the offshore sediments, down to 42 feet, the greatest water depth in the sea. The fuel oil is still present in inshore and offshore sediments, eight months after the accident. The pollution has been spreading on the sea bottom and now covers at least 5000 acres offshore and 500 acres of marshes and tidal rivers. This is a much larger area than that affected immediately after the accident. Bacterial degrada- tion of the oil is slow; degradation is still negligible in the most heavily polluted areas and the more rapid degradation in out- lying, less affected, areas has been reversed by the influx of less PAGENO="0158" 1476 66 ENVIRONMENTAL AFFAIRS degraded oil from the more polluted regions The kill of bottom plants and animals has reduced the stability of marshland and sea bottom; increased erosion results and may be responsible for the spread of the pollution along the sea bottom Bacterial degradation first attacks the least toxic hydrocar- bons. The hydrocarbons remaining in the sediments are now more toxic on an equal weight basis than immediately after the spill Oil has penetrated the marshes to a depth of at least 1-2 feet; bacterial degradation within the marsh sediment is still negligible eight months after the accident Biological Ejects of the Pollution" 12 Where oil can be detected in the sediments there has been a kill of animals; in the most polluted areas the kill has been al- most total Control stations outside the area contain normal, healthy bottom faunas The kill associated with the presence of oil is detected down to the maximum water depth in the area A massive, immediate kill occurred offshore during the first few days after the accident Affected were a wide range of fish, shell- fish, worms, crabs and other crustaceans and invertebrates Bottom living fishes and lobsters were killed and washed up on the beaches Trawis in 10 feet of water showed 95% of the ani- mals dead and many still dying The bottom sediments contained many dead clams, crustaceans and snails Fish, crabs, shellfish and invertebrates were killed in the tidal Wild Harbor River, and in the most heavily polluted locations of the river almost no animals have survived The `iffected areas have not been repopulated, nine months after the accident Mussels that survived last year's spill as juveniles have developed almost no eggs and sperm Eject on Commercial Shellfish Values9ul Oil from the spill was incorporated into oysters, scallops, soft- shell clams and quahaugs As a result, the area had to be closed tc~ the taking of shellfish. The 1970 crop of shellfish is as heavily contaminated as was last year's crop Closure will have to be maintained at least through this second year and will have to be extended to areas more distant from the spill than last year. Oysters that were re- moved from the polluted area and that were maintained in clean PAGENO="0159" 1477 THE OIL SPILL PROBLEM 67 water for as long as 6 months retained the oil without change in composition or quantity. Thus, once contaminated, shellfish cannot cleanse themselves of oil pollution. The tidal Wild Harbor River, a productive shellfish area of about 22 acres, contains an estimated 4 tons of the fuel oil. This amount has destroyed the shellfish harvest for two years. The severe biological damage to the area and the slow rate of bio- degradation of the oil suggest that the productivity will be ruined for a longer time. Some have commented to us that the effects measured in the West Falmouth oil spill are not representative of those from a crude oil spill and that #2 fuel oil is more toxic than petroleum. However, the fuel oil is a typical refinery product that is involved in marine shipping and in many marine spillages; also, the fuel oil is a part of petroleum and as such it is contained within petro- leum. Therefore, its effect is typical, both for unrefined oil and for refinery products. In terms of chemical composition crude oils span a wide range; many lighter crude oils have a composition very similar to those of the fuel oils and their toxicity and en- vironmental langer corresponds respectively. However, many crude oils contain more of the persistent, long term poisons, in- cluding the carcinogens, than the fuel oils. Therefore, crude oils can be expected to have even more serious long term effects than the lower boiling fuel oils. The pollution of fisheries resources in the West Falmouth oil spill is independent of the molecular size of the hydrocarbons; the oil taken up reflects exactly the boiling point distribution of the spilled oil. Thus, spills by other oils of different boiling point distributions can be expected to destroy fisheries resources in the same manner. We believe that the environmental hazard of oil and oil prod- ucts has been widely underestimated, because of the lack of thorough and extended investigations. The toxicity and per- sistence of the oil and the destruction of the fisheries resources observed in West Falmouth are typical for the effects of marine oil pollution. The Risk to Human Use of Marine Resources The destruction of marine organisms, of their habitats and food sources directly affects man and his intent to utilize marine PAGENO="0160" 1478 68 ENVIRONMENTAL AFFAIRS proteins for the nutrition of an expanding population. However, the presence in oil of toxic and carcinogenic compounds com- bined with the persistence of hydrocarbons in the marine food chain poses an even more direct threat to human health The magnitude of this problem is difficult to assess at this time Our knowledge of the occurrence of carcinogens in oil is recent and their relative concentrations have been measured in very few oils. Also, our understanding of the fate of hydrocarbons, especially of carcinogens, in the marine food chain needs to be expanded Methods for the analysis of fisheries products for the presence of hazardous hydrocarbons exist and are relatively simple and the analyses are inexpensive In spite of this no public laboratory in the United States-and probably in the world-can routinely perform such analysis for public health authorities There is in- creasing evidence that fish and shellfish have been and are now being marketed which are hazardous from a public health point of view Taste tests, which are commonly used to test for the pres- ence of oil pollutants in fish or shellfish, are inconclusive Only a small fraction of petroleum has a pronounced odor, this may be lost while the more harmful long term poisons are retained Boil- ing or frying may remove the odor but will not eliminate the toxicity The Risk to the Recreational Use of Marine Resources The presence of petroleum, petroleum products and petroleum residue ("tar," "beach tar") is now common on most recreational beaches Toxic hydrocarbons contained in crude oil can pass through the barrier of the human skin and the prolonged skin contact with carcinogenic hydrocarbons constitutes a public health hazard Intense solar radiation is known to be one of the contributing factors for skin cancer The presence of carcinogens in beach tar may increase the risk to the public in a situation where a severe stress from solar radiation already exists The Risk to Water Utilization Many of the toxic petroleum hydrocarbons are also water sol- uble Water treatment plants, especially those using distillation, may transfer or concentrate the steam-volatile toxic hydrocar- bons into the refined water streams, especially if dissolved hydro- carbons are present in the feed streams or if particulate oil finds its way into the plant intake. PAGENO="0161" 1479 THE OIL SPILL PROBLEM 69 CONCLUSIONS 1. Oil and oil products must be recognized as poisons that damage the marine ecology and that are dangerous to man. Fisheries resources are destroyed through direct kill of commer- cially valuable species, through sublethal damage and through the destruction of food sources. Fisheries products that are con- taminated by oil must be considered as a public health hazard. 2. Only crude estimates exist of the extent of marine oi] pollution. We need surveys that can assess the influx of petroleum and petroleum products into the ocean. They should be world- wide and special attention should be paid to the productive re- gions of the ocean; data are needed on the oil influx from tankers and non-tanker vessels, on losses in ports, on offshore and inshore accidents from shipping, exploration and production and on the influx of oil from domestic and industrial wastes. 3. The marine ecology is changing rapidly in many areas as a result of man's activities. We need to establish baseline inform a- tion on composition and densities of marine faunas and floras and on the hydrocarbon levels and concentrations encountered in marine organisms, sediments and in the water masses. 4. All precautions must be taken to prevent oil spills. Preven- tion measures must be aimed at eliminating human error, at the present time the principal cause of oil spills. 5. Spill prevention must be backed by effective surveillance and law enforcement. In terms of cost effectiveness spill prevention is/ar superior to cleanup. 6. Perfection and further extension of the use of the Load on Top methods is promising as a first step in reduction of the oil pollution from tankers. The effectiveness of the technique should be more closely assessed and improvements are necessary in inter- face detection, separation and measurement of hydrocarbon con- tent in the effluent, both in the dispersed and dissolved state. On a longer time scale, clean ballast techniques should supersede the Load on Top technique. 7. The impact of oil pollution on marine organisms and on sources of human food from the ocean has been underestimated because of the lack of coordinated chemical and biological inves- tigations. Studies of the effect .of oil spills on organisms in differ- ent geographic and climatic regions are needed. The persistence of hydrocarbon pollution in sea water, sediments and organisms should be studied. 77-463 0 - 72 - pt. 3 - 11 PAGENO="0162" 1480 70 ENVIRONMENTAL AFFAIRS 8. Research is urgently needed on the low-level and long term effects of oil pollution. Does oil pollution interfere with feeding and life processes at concentrations below those where effects are immediately measured? Are hydrocarbons concentrated in the marine food chain? 9 Carcinogens have been isolated from crude oil but additional efforts are needed to define further the concentrations and types of carcinogens in different crude oils and oil products 10. The public health hazard from oil derived carcinogens must be studied What are the levels of oil derived carcinogens ingested by man and how wide is the exposure of the population ~ How much does this increase the present body burden with carcino- gens? Is there direct evidence for the causation of cancer in man by petroleum and petroleum products outside of oil refinery operations ~ 11 Public laboratories must be established for the analysis of fisheries products for toxic and carcinogenic chemicals derived from oil and oil products, and tolerance levels will have to be set 12. The ocean has a limited tolerance for hydrocarbon pollu- tion. The tolerance varies with the composition of the hydrocar- bons and is different in different regions and in different ecological sub-systems. The tolerance of the water column may be greater than that of the sediments and of organisms An assessment of this inherent tolerance is necessary to determine the maximum pollution load that can be imposed on the environment 13. Countermeasures which remove the oil from the environ- ment reduce the ecological impact and danger to fisheries re- sources. All efforts should be aimed at the most rapid and com- plete removal since the extent of the biological damage increases with extended exposure of the oil to sea water. 14. Countermeasures that introduce the entire, undegraded oil into the environment should be used only as a last resort in situations such as those outlined in the Contingency Plan of the Federal Water Quality Administration, involving extreme hazard to a major segment of a vulnerable species of waterfowl or to prevent hazard to life and limb or substantial hazard of fire to property. Even in those cases assessment of the long term ecologi- cal hazard must enter into the decision whether to use these countermeasures (detergents, dispersants, sinking agents). 15. As other countermeasures become more effective, the use PAGENO="0163" 1481 THE OIL SPILL PROBLEM 71 of detergents, dispersants and sinking agents should be further curtailed or abolished. 16. Efforts to intensify the natural bacterial degradation of oil in the environment appear promising and should be supported by basic research and development. 17. Ecological damage and damage to fisheries resources are direct consequences of oil spills. In the future, the cost of oil leases should include a fee for environmental protection. 18. Environmental protection funds derived from oil leases should be used to accomplish the necessary research and educa- tion in the oil pollution field. + Senior Scientist, Department of Chemistry, Woods Hole Oceano- graphic. Institution, Woods Hole, Massachusetts. This paper was pre- sented to a Conference on Ocean Oil Spills, held by the NATO Com- mittee on Challenges of Modern Society, Brussels, November 2-6, 1970. Contribution No. 2616 of the Woods Hole Oceanographic Institu- tion. Acknowledgements: The author expresses his gratitude for continued support to the National Science Foundation, to the Office of Naval Research and to the Federal Water Quality Administration. REFERENCES `Statement by J. H. Kirby, quoted by J. R. Wiggins, Washington Post, March 15, 1970. 2 Dillon, E. Scott,, "Ship Construction and Operation Standards for Oil Pollution Abatement," presented to a Conference on Ocean Oil Spills, held by the NATO Committee on Challenges of Modern Society, Brussels, November 2-6, 1970. ~ Statement by C. Cortelyou, Mobil Oil Company, quoted by W. D. Smith, The New York Times, April 19, 1970. ~ Blumer, M., "Oil Pollution of the Ocean," In: Oil on the Sea, D. P. Hoult, ed., Plenum Press, 1969. ~ Anon., "Final Report of the Task Force on Used Oil Disposal," American Petroleum Institute, New York, N.Y., 1970. ° Murphy, T. A., "Environmental Effects of Oil Pollution," Paper presented to the Session on Oil Pollution Control, American Society of Civil Engineers, Boston, Mass., July 13, 1970. ~ Horn, M. H., Teal, J. H. and Backus, R. H., "Petroleum Lumps on the Surface of the Sea," Science, 168, 245, 1970. 8 Youngblood, W. W. and Blumer, M., unpublished data, 1970. PAGENO="0164" 1482 72 ENVIRONMENTAL AFFAIRS ~ Blumer, M., Souza, G., and Sass, J., "Hydrocarbon Pollution of Edible Shellfish by an Oil Spill," Marine Biology, 5, 195-202, 1970. Sb Blumer, M., Testimony before the Conservation and Natural Resources Subcommittee, Washington, D.C., July 22, 1970. 10 North, W J , "Tampico, a Study of Destruction and Restoration," Sea Frontiers, 13, 212-217, 1967 11 Hampson, G. R., and Sanders, H. L., "Local Oil Spill," Oceanus, 15, 8-10, 1969. 12 Sanders, H. L., Testimony before the Conservation and Natural Resources Subcommittee, Washington, D.C., July 22, 1970. 13 Goldacre, R. J., "The Effects of Detergents and Oils on the Cell Membrane," Suppl. to Vol. 2 of Field Studies, Field Studies Council London, 131-137, 1968. 14 Wilber, C. G., Tile Biological ilspects of Water Pollution, Charles C Thomas, Publisher, Springfield, Ill, 1969 15 Speers, G. C. and Whithead, E. V., "Crude Petroleum," In: Organic Geochemistry, Eglinton, G. and Murphy, M. R. J., eds., Springer, Berlin, 638-675, 1969. 16 Simpson, A. C., "Oil, Emulsifiers and Commercial Shell Fish," Suppi. to Vol. 2 of Field Studies, Field Studies Council, London, 9 1-98, 1968. 17 Dean, R A, "The Chemistry of Crude Oils in Relation to their Spillage on the Sea," Suppl to Vol 2 of Field Studies, Field Studies Council, London, 1-6, 1968 18 Carruthers, W, Stewart, H N M and Watkms, D A M, "1,2-Benzanthracene Derivatives in a Kuwait Mineral Oil," Nature, 213, 691-692, 1967. `~ Graef, W. and Winter, C., "3,4 Benzopyrene in Erdoel," Arch. Hyg. 152/4, 289-293, 1968. 20 Eckardt, R E, "Cancer Prevention in the Petroleum Industry," mt. J. Cancer, 3, 656-661, 1967. 21 Whittle, K J and Blumer, M, "Chemotaxis in Starfish, Sym- posium on Organic Chemistry of Natural Waters," University of Alaska, Fairbanks, Alaska, 1968 (in press) 22 Wayland, R. G., Federal Regulations and Pollution Controls on the U.S. Offshore Oil Industry, this conference. 23 Contingency Plan for Spills of Oil and Other Hazardous Materials in New England, U S Dept Interior, Federal Water Quality Adminis- tration, Draft, 1969 24 Schedule of Dispersants and Other Chemicals to Treat Oil Spills, May 15, 1970, Interim Schedule, Federal Water Quality Administra- tion, 1970 25 Little, A D, Inc, "Combating Pollution Created by Oil Spills," Report to the Dept. of Transportation, U.S. Coast Guard, Vol. 1: Methods, p. 71386 (R), June 30, 1969. PAGENO="0165" 1483 THE OIL SPILL PROBLEM 73 26 Ketchum, B. H., "Biological Effects of Pollution of Estuaries and Coastal Waters," Boston Univ. Press, 1970 (in press). 27 Arthur D. R., "The Biological Problems of Littoral Pollution by Oil and Emulsifiers-a Summing up," Suppl. to Vol. 2 of Field Studies, Field Studies Council, London, 159-164, 1968. 28 Beer, J. V., "Post-Mortem Findings in Oiled Auks during At- tempted Rehabilitation," Suppl. to Vol. 2 of Field Studies, Field Studies Council, London, 123-129, 1968. PAGENO="0166" 1484 WOODS HOLE OCEANOGRAPHIC INSTITUTION, - Woods Hole, Mass., March 29, 1971. Dr. GARDNER S. HUNT, Chemist, Maine Environmental Improvement Commission, Augusta Maine DEAR MR HUNT I wish to thank you for your recent visit and for the oppor tunity this has given me to discuss with you our research and recent publications on the environmental effects and fate of hydrocarbons. In addition to our discussion I wish to submit to the Marine Environmental * Improvement Commission the following comments on the report by Dr. Dale Straughan "Biological and Oceanographic Survey of the Santa Barbara Channel Oil Spill, 1969-1970", Vol. 1 and 2. My comments are concerned with the relation between that study and our own work and with the present hearing at Searsport, Maine. Some press reviews have given the impression, that there is a principal and fundamental difference between Dr. Straughan's findings and those of the Woods Hole group. In fact, many of the findings complement each other. Where differ- ences are apparent this is in most cases due to the incompleteness of the Santa Barbara Study. As you remember, the principal results of our study in the aftermath of the oil spill from the barge "Florida" at West Faimouth, Mass., on September 16, 1969 are: The oil from the spill is persistent and remains in the sediments, now after 18 months past the accident. The oil has spread and the polluted area is now much larger than immediately after the accident. The oil spill had devastating effects on the marine life in the area. Where oil has been detected, there has been a kill of animals and in the most heavily polluted areas this kill was nearly complete. The original faunas have not returned to the affected areas, 18 months after the accident, except in the most lightly polluted regions. Oil from the spill was taken up by those shellfish that survived the accident. This has led the State and Town governments to close the shellfish areas to the public. Before discussing some details concerning the Santa Barbara report I wish to make some principal comments: Oil is a chemical that has severe biological effects; therefore oil pollution re- search to be fully meaningful must combine chemical with biological studies. For chemical characterization of the oil in sediments and organisms we use gas chromatography and mass spectrometry. These. techniques are widely used by the oil industry, in exploration for the characterization and correlation of oil in sediments and reservoirs, and in refining for analysis and quality control. These techniques describe the physical and chemical properties of an oil and their application is essential for the study of the environmental fate of petroleum. It is one of the principal shortcomings of the Santa Barbara Study that no use has. been made of these modern and conclusive techniques. Crude oil contains many toxic hydrocarbons. From an oil analysis it is imme- diately evident which of these compounds, of known toxicity, are present. The Santa Barbara report contains no analysis of the oil involved in the spill. How can we judge the effect of an environmental poison if we do not know its composition, its boiling range, the presence or absence of immediate or persistent poisons and of materials that constitute a hazard to human nutrition? Thus, the most important evidence by which one could judge the environmental hazard of the oil is missing. The following comments rel~er to individual chapters of the Santa Barbara report. Chapter 3 discusses measurements of the carbon fixation by algae in the Santa Barbara Region. This is measured during a three hour period. The results showed "no conclusive evidence of any major effect on phytoplankton attributed directly to the presence of oil in the environment". It has been demonstrated elsewhere (0. 1. Mironov, The Effect of Oil Pollution on Flora and Fauna of the Black Sea, paper presented at FAO Conference on Marine Pollution, Rome, December 1970) that petroleum concentrations as low as 0.01 ppm delay the cell division of algae and that higher concentrations (0.1- PAGENO="0167" 1485 1000 ppm) kill all cells. The Santa Barbara Investigation did not search for, and did not find, any such effects. The inconclusive results of the short term carbon fixation experiments are the only data presented In the study by which the effect of the oil spill on the planktonic algae is to be judged. Chapter 4 (Observations on the Zooplankton) contains no data relevant to the environmental effect of the Santa Barbara accident. "The scope of this paper is largely limited to a chronicle of the major constituents of the zooplankton". Thus, it is simply a review of the species occurring in the area, without com- paring number, physical, chemical or biological state, before, during or after be spill. It is recommended that a regular sampling program "could provide a basis for comparison, should another spill occur". Elsewhere it has been shown that copepods ingest oil from an oil spill. As such, it becomes available to higher members of the food chain, including com- mercial fish species. No efforts are reported from Santa Barbara to verify this important point. Chapter 5 (The Benthic Fauna) is the chapter from which we expected the most Important information of the report. In discussing his survey, the author states "the survey technique in itself may not be able to show elimination or reduction of sensitive and delicate organ- isms due to oil pollution, since this technique nearly automatically places the emphasis on common or large or otherwise obviously important organisms. A study of the smaller, lesser known organisms such as polychaetous annelids or amphipod crustaeceans might be of more value in estimating the effects of pollu- tants in the water than a survey of the large common organisms". In our West Falmouth study, we find deep and lasting damage to the benthic fauna, specifically to th~e "smaller, lesser kno*n organisms". These animals are important members of the bottom food chain and constitute a major source of fish food. The author of chapter 5 states that his technique was not able to separate the effects of the oil spill from other factors and says "This does not in any way or manner imply that the oil spill was without effects". He notes a striking drop in the standing crop in areas where several wells have been drilled in recent years. He recommends a large scale program to monitor the benthos in con- siderable detail. We emphasize that the results of such a monitoring program were available at West Falmouth, that the monitoring program continues and that it has led to the realization of the severity of the impact of oil on the bottom fauna. Thus, the Santa Barbara Study leaves some of the most important questions unanswered. Chapter 6 (Some Polychaetous Annelids) has no relation to the study of the effects of the accident at Santa Barbara. It is simply a classification of the annelid worms occurring in the area. Again, many species of annelids were severely affected by the West Falmouth oil spill and information on ihe effect of the Santa Barbara accident on these animals would have been highly relevant. Chapter 9 (A Study of the Bacterial Population) contains interesting informa- tion. It is shown that oil in the sediments at station 2 has persisted from the time of the accident to the termination of the report, one and one half year alter the accident. Specifically, it is said: "Cores taken on March 31, May 1 and June 13 (1970), did not change in their oil content" and "The population of burrowing organisms did not appear again during the period of sampling". This is in excellent agreement with the findings at West Falmouth. After the same length of time after the spili, we also find that the oil has persisted, that it is still toxic and that burrowing organisms have not reappeared. A limited use has been made of gas chromatography in this chapter. The re- port "supports the suitability of this method for the determination of small quantities of hydrocarbons in marine bottom sediments" and suggest that "pat- terns may be observed in the presence or absence of certain peaks in the chromato- gram from a particular crude oil even after a period of burial in the sediment". This of course has long been common knowledge and is the reason why this technique is used so extensively by the oil industry and by our own investigation. The chapter concludes by stating that further discussion "in thi.s area of the study is impossible without knowing the oil content of the individual sediment samples". PAGENO="0168" 1486 I concur with this point and the extensive use of oil determination and analysis in the West Falmouth investigation demonstrates the successful use of these techniques tostudy the environmental fate of oil. Chapter 10 (Breeding and Larval Settlement of Intertidal Invertebrates) dem- onstrates that "the presence of oil both from natural seepage and the January, 1969, spill apparently causes a reduction in reproduction in PoUicipes polymerus (a barnacle)." Similarly, the data indicate "that breedIng in Mytilus calif or- nianus (a mussel) of Goleta Point was probably reduced after oil pollution". Also Larval settlement in all three species of barnacle was at least tempo rarily inhibited by oiling of substrates". These findings of biological damage by oil pollution are then qualified by stating that "as long as only a small fraction of the entire population of these species is exposed to oil pollution, the species as a whole is not endangered by it". Obviously those concerned with maintaining productivity of a coastal envi ronment worry aq much about local kill or reduction in reproduction as about worldwide extinction of a species. The chapter further states "The hypothesis has been advanced that organisms living in the Santa Barbara Channel are more resistant than normal to oil pol- lution, due to intermittent exposure to low doses from natural seeps. Data for P. polymerus and M. calif ornianus indicate that even if they are better able to survive, their rate of reproduction is still lower in the presence of oil." This is important in view of the common but unsupported statements that organisms in areas of natural seeps have adapted tO the presence of oil. In West Falmouth the intertidal invertebrates exposed to the oil have become polluted. As a result shellfish exploitation had to be halted to preclude a public health hazard The Santa Barbara report lacks data in this regard thus we do not know whether shellfish that was polluted by the toxic oil has been consumed Chapter 11 (Oil Pollution and Fisheries) states "in summary, fish were still present in the Santa Barbara Channel following the January 1969 oil spill Also the reduction in fish catches in the Santa Barbara area was probably due to the problems of fishing in oily water rather than to the lack of fish Fishes whose migratory history is largely unknown are insensitive indicators of the effects of pollution. Also in West Falmouth "fish are still present"; how- ever, their local food sources have been decimated. The oil has affected all classes of bottom animals, therefore we believe that fishes should be similarly affected though this may be less readily apparcnt because of the great mobility To a fisherman it must be rather irrelevant whether his catch has been reduced because of the lack of fish or because he cannot immerse his gear into the oily water. Both represent a loss of income due to oil pollution. Again, no chemical analyses were carried out to test fish catches for the pres- ence of oil from the blowout an~1 to assess whether a public health hazard existed Chapters 12-16 deal with large marine mammals and birds with which we have no experience in our area Hydrocarbon analyses are ieferred to in se~ eral instances (p 261 p 277 and p 293) Data by which to judge the sensitivity and reliability of the technique are given only on p. 261. It is said that an analysis of lung tissue from a whale led to negative oil identification This method is sensitive in the 50-100 ppm level". In our experience this is not a sufficient sensitivity. Polluted shellfish at West Falmouth contained as little as 4 ppm oil and only in two cases more than 50 ppm. Still, this was sufficient to cause biological damage and it led to condemna- tion of the shellfish beds by public health authorities Chapter 17 (The Rocky Intertidal) again discusses the effect of continuous oil seeps such as at Coal oil point on the coastal ecology the text speaks of interference with the settlement of reproductive stages and the release of re productive cells as well as reduction in photosynthesis and respiration It is likely that only organisms with the ability to evade effects of oil or with physio logically resistant means of reproduction and/or mature stages can survive to populate an area such as coal oil point One of the points of the summary is: The fauna and flora at coal oil point where oil is chronically present is com posed of forms that may be oil tolerant and is composed of relatively few species, but the species that can survive the conditions of stress are there in large numbers PAGENO="0169" 1487 The reduction in the number of species is typical of polluted areas. Some resist- ant species may proliferate; however, the elimination of the normal populations represents a severe ecological damage. Again, these data disprove the assumption that organisms expbsed to natural seeps develop an immunity to the oil. With the great persistence of the oil after a spill (now 1'/2 year, both at Santa Barbara and at West Falmouth) we have to face chronic pollution as the result of a single accident. There is little hope that the organisms will adapt to this, if they have not adapted to the even more permanent presence of oil at coal oil point. Volume II presents a comprehensive physical and oceanographic survey of the Santa }~arbara Channel, Most pertinent to our discussion is Chapter 7 (Hydro- carbon Content). This chapter as well as the summary of Volume TI and Chapter 9 of Volume I confirm and extend our findings on the environmental persistence of oil pollution. Oil has persisted in the sediments during the entire period of the study, from January 1969 to June 1970. The hydrocarbons have been deposited at the sea bottom and Dr. Kolpack's interpretation of the mechanism responsible for this is identical to ours in the case of West Falmouth. It is said that "resuspension and transportation of oil initially deposited in shallow water occurred and much of this material was subsequently deposited in deeper water". Elsewhere, the same author said that within four months after the accident the entire Santa Barbara basin was covered with oil from the spill. (R. L. Kolpack, FAO meeting on Marine Pollution, Rome, December 1970). In analogy, we find that the oil at West Falmouth has spread within months of the accident to a far larger region. Wherever oil was detected a kill of the bottom faunas occurred. The known toxicity of the oil spilled at Santa Barbara would suggest that a similar kill occurred. This would have been most readily apparent from a study of the smaller benthic organisms. However, such a complimentary study, which would have enhanced appreciably our understanding of the ecological damage at Santa Barbara, was not undertaken. The general summary (Chapter 18, Volume I) does not reflect the experimen- tal limitatiOns of the study or the caution expressed by some authors of indi- vidual chapters. Thus, it is said that "there is no evidence of gross effects of oil pollution on plankton in the Santa Barbara Channel". I have outlined above how limited the observations on phytoplankton were and that no data relevant to damage by the oil is presented in the chapter on zooplankton. Thus, such a conclusion seems unwarranted. The author of Chapter 5 is quite specific about the limitations of his technique, which "does not in any way or manner imply that the oil spill was without effect." The Summary does not reflect this caution and suggests that the striking drop in the standing crop in areas where wells have been drilled In recent years may be due to pollution effects from the increased human population in the area! Chapter 9 contains relevant information on the persistence of the pollution. This is not reflected in the summary. Chapter 10 mentions the reduction in reproductive rates of intertidal inverte- brates. The summary says "as this species ranges from Alaska to Mexico, a reduction in breeding in a small selection of its range will not endanger the species as a whole." Obviously, this is correct but hardly relevant to the discus- sion of the ecological damage by the oil spill in the Santa Barbara area-or in other inshore areas, where oil spills may occur. A few specific comments are necessary: "The presence of oil in the area may have resulted in normally high populations of oil degrading bacteria" (p. 412). No evidence for this is presented, in fact the persistence of oil discussed in Vol- ume II and in Chapter 9 of Volume I suggests a slow rate of bacterial degradation since the oil is still present there, as it is at West Falmouth 11/2 years after the spill. "One hypothesis" explaining what is considered a small degree of ecological damage is "that the hiota of the area had a high tolerance to oil built up by almost continuous exposure to small amounts of similar oil from natural seeps over long periods". This statement is diametrically opposed to the information given in chapters 10 and 17, Volume 1. Regarding the toxicity of Santa Barabara crude oil it is said "this oil is rela- tively insoluble in water" (p. 412) and "crude oils from Santa Barbara and the Gulf of Mexico contain a lower percentage of aromatics" (meant is that the oil PAGENO="0170" 1488 spilled at West Falmouth with 41% aromatics). No analytical support is offered for this statement. 0. T. Philippi (Geochem. Acta, 1965, 29, 1021-1049) has pub- lished analyses of California crude oils. The aromatic content in the environ- mentally most stable fraction (boiling above 325° C) ranges from 50-60% in oils from the Los Angeles basin and between 45 and 49% in those from the Ventura basin-Any oil (including that from Santa Barbara, contains water soluble, toxic hydrocarbons. It is stated that "as the oil floats at the surface of the water the volatile com- ponents are rapidly lost" and "the loss of volatile components reduces the poten- tial toxicity of the oil". On p. 326 it is said, that "slicks remained at sea for several days before moving onto the beaches. This delay at sea allowed the oil to loose many of its toxic volatile components prior to its arrival on shore".-We have had an opportunity to analyze oil that arrived at the beaches of Santa Barbara after the spill in January 1969. In spite of the exposure at sea gas chro- matography shows the presence of hydrocarbons boiling as low as n-dodecane. Mass spectrometry revealed the presence of benzenes (with 6 and more carbon atoms as substituents), of naphthalenes, tetralins and diphenyls (with 2 or more substituent carbons). The higher ring number aromatics that normally occur in crude oil are also present Thus the hydrocarbons of the fuel oil range are still present in the weathered oil that arrived at the beach. The aromatics mentioned above are toxic as are the higher ring number compounds some of them carcinogens The oil has lost little of its acute, and probably none of its long term toxicity through the ex- posure at sea "A crude oil such as that found at Santa Barbara is far less toxic than a light refined crude oil" and "Evidence indicates that recovery is also more rapid after one of these crude oil spills than after a refined oil spill -These statements are not supported by the text of the report. Even after weathering at sea the Santa Barbara oil has retained the toxic hydrocarbons of the fuel oil. With these compounds present in the oil, how can it then be "far less toxic"? I have men- tioned the evidence for the environmental persistence of this oil. In fact, the presence of slowly degraded multiring aromatics in this oil which are not pres ent in the refined fuel oil leads us to expect a much slower rate of biodegradation Returning to my original contention I note the agreement between this work and our own with regard to the persistence and the spread of oil pollution It is significant that similar results are obtained in the case of two very different oils and under different physical and ecological circumstances Thus in this respect the two investigations complement each other well. I also note the agreement on the desirability to use gas chromotography to measure the presence of oil from a spill even after a period of burial in the sedi- ments; even if almost no use has been made of this valuable tool at Santa Barbara. The Santa Barbara study complements ours in finding further evidence for the biological dramage by oil, for instance the inhibition of reproduction in inter- tidal invertebrates and the prevention of the settling of their larvae. The devastating effect of oil pollution and the destruction of fisheries resources which we witnessed at West Falmouth has not been noted by the investigators at Santa Barbara This is not unexpected in view of the fact that the effect of the spill on the benthic organisms was not studied and that sensitive analyses for the hydrocarbons incorporated into fisheries resources were not used. Thus, Dr. Straughan's final conclusion "that damage to the biota was not widespread" must be viewed in the light of the incompleteness of her data. Your commission faces an important decision which may affect the long term future of one of our remaining unpolluted coastal regions. It could be a tragic mistake to take lightly those warnings which exist and to base a decision too heavily on findings that are not based on the full use of the best pre~iently avail- able methods and techniques. Sincerely yours, MAX BLTJMER, Senior Scientist. PAGENO="0171" 1489 TESTIMONY OF MAX BLUMER, BEFORE THE SUBCOMMITTEE OF Am AND WATER POLLUTION, SENATE COMMITTEE ON PUBLIC WORKS, MACHIAS, MAINE, JUNE 30, 1970 I am happy to appear before the Subcommittee on Air and Water Pollution to discuss the impact of oil port and refinery operations on the coastal ecology and on food derived from the area. I have been involved with the study of hydrocarbons in the sea and with the development of methods for their analysis for many years. An oil spill close to our laboratory last Fall has shown us how suitable these methods are for studying the fate of pollution in the environment and how much new information we can gain through the judicious application of such techniques. This new information I wish to discuss. I will preface this with a review of the toxicity of oil.in the environment. Later I will discuss the existing countermeas- ures to deal with oil spills and I will close by giving you my estimate of the effect of port and refinery operations on the ecology and fisheries in this area. TOXICITY OF OIL AND OIL PRODUCTS The toxicity of crude oil and oil products to marine life and the danger of oil pollution to the marine ecology has been established in several independent ways. Studies of crude oil composition have shown that oil contains many known poisons, e.g. low boiling aromatic hydrocarbons, which are fact acting poisons and high boiling aromatic hydrocarbons, which act more slowly but are equally severe in their effect; some of them are known to cause cancer. Laboratory studies on many marine animals have demonstrated the toxicity of oil and oil products. Field studies have shown the disastrous effect of oil spills on marine organisms in their normal habitat. From such investigations we know that all crude oils and all oil products, with the exception of some highly purified substances, are poisons for all marine organisms. Pollution with crude oil and oil fractions can damage marine life in many differ- ent ways: 1. Direct kill of organisms through coating and asphyxiation. 2. Direct kill through contact poisoning of organisms. 3. Direct kill through exposure to the water-soluble toxic components of oil at some distance in space and time from the accident. 4. Destruction of the generally more sensitive juvenile forms of organisms. 5. Destruction of the food sources of higher species. 6. Incorporation of sublethal amounts of oil and oil products into organisms resulting in reduced resistance to infection and other stresses. Also, this may result in failure to reproduce. 7. Exposure to long-term poisons, e.g. carcinogens. 8. Low level effects that may interrupt any of the numerous events necessary for the feeding, migration and propagation of marine species and for the survival of those species which stand higher in the marine food web. We need to comment on the problem of Petrolenm and Cancer. Some years ago, a high incidence of skin cancer in some refinery personnel was observed. The cause was traced to prolonged skin contact by these persons with petroleum and with refinery products. Better plant design and education, aimed at preventing the skin contact, have since reduced or eliminated this hazard (Eckart, 1967). However, these incidents have demonstrated that oil and oil products can cause cancer in man, and these findings were supported by the isolation from petroleum of chemicals that are known to cause cancer and that were actually shown to induce cancer in test animals (Cook et al., 1958; Carruthers et al., 1967 Greaf and Winter, 1968. Safeguards in plant operations protect the public from this hazard; however, when oil is spilled into the environment we lcose control over it and should again be concerned about the possible public health hazard from cancer-causing chemi- cals in the oil. We have shown that marine organisms ingest and retain hydro- carbons to which they are exposed. These are transferred to and retained by predators. In this way even animals that were not directly exposed to a spill can become polluted by eating contaminated animals. This and the presence of cancer-causing chemicals in oil pollution implies that the marketing and eating of oil-contaminated fish and shellfish constitutes a public health hazard. The presence of finely dispersed oil or oil lumps ("tar") on recreational beaches may constitute another public health hazard through prolonged skin contact, reinforcing the stress on the skin from the intense solar radiation. PAGENO="0172" 1490 THE OIL SPILL OF WEST FALMOUTH MASSACHUSETTS In September 1969 a fuel barge ruptured her hull on submerged rocks off West Falmouth. The cause for the accident was an error in navigation under conditions of good visibility. Approximately 650 tons of #2 fuel oil were dis- charged into the coastal waters. Chemists and biologists at Woods Hole are studying the immediate and long term effect of this spill. The oil involved in this spill is typical of the refinery products that would be handled at Machiasport. It is a part of petroleum and as such it is contained within the crude oil that enters a refinery. Because of this, its effect is typical both for unrefined oil and for refinery products However certain fast acting poisons are more concentrated in the fuel oil; on the other~ hand, whole crude oil contains much more of the persistent long term poisous including the car cinogens I wish to point out that this is the first study where modern methods of oil analysis have been coordinated with a biological study of the long term effect of an oil spill on the ecology and fisheries resources in a coastal area. It has been said that nine months after the Torrey Canyon accident "bottom samples revealed no trace of oil-microbial action and bottom currents had been fast and complete" (Eglinton, 1969). However, this conclusion rests only on visual observation Visually oil is not evident at West Falmouth either however chem ical analysis reveals its presence and the biological study measures its toxicity. I now wish to summarize our present knowledge of the aftermath of this accident. Persistence and spread of the pollution Oil from the accident has been incorporated into the sediments of the tidal rivers and marshes and into the offshore sediments, down to 42 feet, the greatest water depth in this area. The fuel oil is still present in inshore and offshore sediments, eight months after the accident. The pollution has been spreading on the sea bottom and now coverS at least 5000 acres offshore and 500 acres of marshes and tital rivers. This is a much larger area than that affected immediately after the accident. Bacterial degradation of the oil is slow degradation is still negligible in the most heavily polluted areas and the more rapid degradation in outlying less affected areas has been reversed by the influx of less degraded oil from the more polluted regions. The kill of bottom plants and animals has reduced the stability of marshland and sea bottom increased erosion results and may be responsible for the spread of the pollution along the sea bottom. Bacterial degradation first attacks the least toxic hydrocarbons The hydro carbons remaining in the sediments are now more toxic on an equal weight basis than immediately after the spill. Oil has penetrated the marshes to at least 1-2 feet depth; bacterial degrada- tion within the marsh sediment is still negligible eight months after the accident. (From: Blumer, Sass and Souza, 1970; Blumer, Sass and Souza, unpublished results. Biological effects of the pollution Where oil can be detected in the sediments there has been a kill of animals in the most polluted areas the kill has been almost total Control stations outside the area contain normal healthy bottom faunas The kill associated with the presence of oil is detected down to the maximum water depth in the area. A massive immediate kill occurred offshore during the first few days after the accident Affected were a wide range of fish shellfi~th worms crabs and other crustaceans and invertebrates. Bottom living fishes and lobsters were killed and washed up on the beaches Trawls in 10 feet of ~ ater showed 95% of the animals dead and many still dying. The bottom sediments contained many dead clams, crustaceans and snails. Fish crabs shellfish and invertebrates were killed in the tidal Wild Harbor River; and in the most heavily polluted locations of the river almost no animals have survived. The affected areas have not been repopulated nine months after the accident PAGENO="0173" 1491 Mussels that survived last year's spill as juveniles have developed almost no eggs and sperm. (From: Hampson and Sanders, 1969; Sanders and Hampson, 1970; sanders and Hampson, personal communication). Effect on Commercial 1~hellflsh Values Oil from the spill was incorporated into oysters, scallops, softshell clams and quahaugs. As a result, the area had to be closed to the taking of shellfish. The 1970 crop of shellfish is as heavily contaminated as was last year's crop. Closure will have to be maintained at least through thi.s second year and will have to be extended to areas more distant from the spill than last year. Oysters that were removed from the polluted area and that Were maintained in clean water for as long as 6 months retained the oil without change in composition or quantity. Thus, once contaminated, shellfish cannot cleanse themselves of oil pollution. The tidal Wild Harbor River, a productive shellfish area of about 22 acres, contains an estimated 4 tons of the fuel oil. This amount has destroyed the shellfish harvest for two years. The severe biological damage to the area and the slow rate of biodegradation of the oil suggest that the productivity will be ruined for a longer time. The presence or absence of an "oily smell" is no clue for the presence of oil pollution in fish or shellfish. Only a small fraction of petroleum has a pro- nounced odor; this may be lost while the more harmful long-term poisons are retained. Boiling or frying may remove the odor but will not eliminate the toxicity. (From: Blumer, Sass and Souza, 1970; Blumer, Sass and Souza, unpublished results). COUNTERMEASURES Compared to the number and size of accidents and disasters the present countermeasures are inadequate. However, a rapidly advancing technology is hopeful of developing techniques that will be effective in dealing even with large spills under severe sea conditions. Yet, while we may remain hopeful that the gross esthetic damage from oil spills may be avoided sometime in the future, there is no reason to be hopeful that existing or planned countermeasures will reduce the biological impact of oil pollution. The most Immediately toxic fractions of oil and oil products are soluble in sea water; therefore, biological damage will occur at the very moment of the accident. Water currents will immediately spread the toxic plume of dissolved oil components and, if the accident occurs in inshore waters, the whole water column will be poisoned even if the bulk of the oil floats on the surface. The speed with which the oil dissolves is increased by agitation, and in storm condi- tions the oil will partly emulsify and will present a much larger surface area to the water; consequently, the toxic fraction will dissolve more rapidly and reach higher concentrations. From the point of view of avoiding the immediate and long-term biological effect of oil spills, countermeasures are completely effective only if all of the oil is recovered immediately after the spill. The technology to achieve this goal does not eaist. Detergents and Dispersants The toxic detergents which were used in the Torrey Canyon accident have been replaced largely by so called "non-toxic" dispersants. The term "non-toxic" is misleading; these chemicals may be nontoxic to a limited number of often quite resistant test organisms but they are rarely tested in their effects upon a very wide spectrum of marine organisms including their juvenile forms, preferably in their normal habitat. Further, in actual use the dispersant-oil mixtures are severally toxic, and bacterial degradation of "nontoxic" detergents may lead to toxic breakdown products. The purpose of the detergent is essentially a cosmetic one and it is therefore attractive to a polluter, who is concerned about his public image or potential lawsuits resulting from obvious esthetic damage. However, instead of removing the oil, dispersants push the oil actively into the marine environment; because of the finer degree of dispersion, the immediately toxic fraction dissolves rapidly and reaches a higher concentration in the sea water than it would if natural PAGENO="0174" 1492 dispersal ~sere allowed The long term poisons (e g the carcinogens) are made available to and are ingested by marine filter feeders and they can eventu ally return to man incorporated into the food he recovers from the ocean For these reasons the use of dispersants is unacceptable inshore or offshore except under special circumstances e g extreme fire hazard from spillage of gasoline. Physical Sinking Sinking has been recommended as an effective countermeasure Sunken oil will kill the bottom faunas rapidly before most mobile bottom dwellers have time to move away The sessile forms of commercial importance (oysters scallops etc.) will be killed and other mobile organisms (lobsters) may be attracted into the direction of the spill where the exposure will contaminate or kill them. Bacterial degradation of sunken oil is very slow and the persistent fraction of the oil which is not readily attacked by bacteria contains the long term poisons e g the carcinogens Exposure to these compounds may damage orga nisms or render them unfit for human nutrition even after the area has been repopulated Combustion Burning the oil through the addition of wicks or oxidants appears more attractive from the point of view of avoiding biological damage than dispersion and sinking. However, it will be effective only if burning can start immedi- ately after a spill. The elevated temperature of the oil during burning will increase the water solubility of the most toxic components of the oil; this may lead to greater biological damage than if the same amount of oil had been mechanically recovered. Mechanical Containment and Removal Containment and removal appear idea from the point of avoiding biological damage. However, they can be effective only if applied immediately after the accident. Under severe weather conditions floating booms and barriers are in- effective. Booms were applied during the West Falmouth oil spill; however, the biological damage in the sealed-off harbors was and remains severe and was caused probably by the oil which bypassed the booms in solution in sea water and in the form of wind-dispersed droplets. Biological Degi adatson Hydrocarbons in the sea are naturally degraded by marine microorganisms It is hoped to make this the basis of an oil removal technology through bac terial seeding and fertilization of oil slicks However great obstacles and many unknowns stand in the way of the application of this attractive idea No single microbial species will degrade any whole crude oil; bacteria are highly selective and complete degradation iequires many different bacterial species. Bacterial oxidation of hydrocarbons produces many intermediates which may be more toxic than the hydrocarbons; therefore, organisms are also required that will further attack the hydrocarbon decomposition products. Hydrocarbons and other compounds in crude oil may be bacteriostatic 01 bacteriocidal; this may reduce the rate of degradation, where it is most ur~ gently needed. The fraction of crude oil that is most readily attacked by bacteria is the least toxic one, the normal paraffins; the toxic aromatic hydro- carbons especially the carcinogenic polynuclear aromatics are not rapidly attacked The oxygen requirement in bacterial oil degradation is severe the complete oxidation of 1 gallon of crude oil requires all the dissolved oxygen in 320 000 gallons of air saturated sea water Therefore oxidation may be slow in areas where the oxygen content has been lowered by previous pollution and the bac- terial degradation may cause additional ecological damage through oxygen depletion. POLLUTION IN OIL PORTS Four principal reasons have been given for pollution in oil ports (Dudley 1968) Design faults mechanical failure spillage during loading or unloading and human error Of these the last is the most important cause of oil pollution PAGENO="0175" 1493 and the most difficult one to correct. Most of the large accidents of recent years can be attributed to human error and poor judgment; among these are the ac- cidents of the Torrey Canyon, at Santa Barbara, in the Gulf of Mexico and also. the West Falmouth oil spill. No oil port is able to avoid spillage. Severe measures have been taken to pre- vent or control oil pollution in Milford Haven, a large and modern British oil port, adjacent to a National Park. There, 29 million tons of oil were handled in 1966; of this, 2,900 tons were spilled in port. The largest single accident con- tributed more than 10% of this total and about one percent of the tankers enter- ing port were involved in spillages, 15% of these were considerable (Dudley, 1968; Arthur, 1968). Thus, in spite of modern technology and in spite of the declared intention to minimize pollution, 0.01% of the oil entering was lost in port. Other oil ports may have less favorable records, and a single large catastrophe in port could increase this spillage rate dramatically. So far we have only considered losses from port operations. Additional pol- lution results from refinery operations. Separating plants remove the oil float- ing on top of water used in the plant or in the cleaning of tankers. However the toxic aromatic hydrocarbons are soluble in the water and are returned with it into the environment. According to Wilber (1969) refinery effluents, even after prolonged storage, do not lose their toxicity. Good engineering practice can reduce the pollution from refineries but it can- not eliminate it and this pollution will present a stress on the environment in addition to that from the unavoidable pollution caused by the port operations. THE EFFECT OF AN OIL PORT ON AN UNPOLLUTED ENVIRONMENT I have described the ecological danger of oil, the persistence of oil pollution and the damage by oil to fisheries. We know that oil spills and discharges are inevitable in oil ports and refineries. It follows that port and refining operations must degrade the ecology and damage the fishing resources of an environment that is not now polluted by oil. Because of the persistence of oil and because of the ineffectiveness of countermeasures, the damage will be permanent. How severe will this damage be? The capacity of the initial refinery may be 100,000 barrels per day. Assuming that spillage in port can be held at the excep- tionally low level of 0.01%, as it is achieved in Miliport Haven, and neglecting refinery effluents and possible large catastrophes, the average daily spillage will be 10 barrels or 1.5 tons. Thus, the amount spilled in two to three days would equal the amount of oil in Wild Harbor River, Massachusetts. There, this amount has destroyed the natural fauna of the estuary and ruined the shellfish crop for at least two years. Over a full year, spillage at this rate would amount to 550 tons. As you remem- ber, the West Falmouth oil spill amounted to about 650 tons and the pollution now covers at least 5,500 acres. In West Falmouth we hope that the spill will not soon repeat itself and that the environment will have a chance to recover; here, you would have a continuous influx, not permitting recovery, but increas- ing as the port and the refineries continue to grow. I wish to comment on the impact of a possible large catastrophe in the Gulf of Maine, Fishing resources are not uniformly distributed over the ocean. One half of the world's fish catch comes from one tenth of one percent of the ocean surface. The Gulf of Maine is a prime example of one of the small but highly productive shallow water regions. A large oil spill in this area would pollute the sea bottOm severely. This would destroy the food for commercial specIes of fish; it would contaminate even the fish not directly affected by the spill and fisheries products might have to be rejected from the market because of a public health hazard. I conclude that the presence of an oil port and of refineries is incompatible with the maintenance of an unpolluted environment. I believe that the serious- ness of oil pollution has been underestimated because of the lack of in-depth studies of its long term effect. I believe that the public health hazard of oil pol- lution is just now coming into focus and that more stringent limitations will have to be placed on the acceptability of polluted foods. I hope that this discussion will be considered in a final decision, whose effect will reach far beyond this area. PAGENO="0176" 1494 References Arthur, D. R., "The Biological Problems of Littoral Pollution by Oil and Emulsifiers-a Summing up," pp. 159-164, Suppi. to Vol. 2 of Field Studies, Field Studies Council, London (1968). Blumer M Sass J and Souza 0 Hydrocarbon Pollution of Edible Shellfish by an Oil Spill Marine Biology 5 195-202 (1970) Blumer M Souza G and Sass J Hydrocarbon Pollution of Edible Shellfish by an Oil Spill," Unpublished Manuscript, WHOI Ref. No. 70-1, 14 pp., Jan 1970 Carruthers W Stewart H N M and Watkins D A M 12 Benzanthracene Derivatives in a Kuwait Mineral Oil Nature 213 691-692 (1967) Cook W Carruthers W and Woodhouse D L Carcinogenicity of Mineral Oil Fractions," Brit. Med. Bull., 14, 132-135 (1958). Dudley G The Problem of Oil Pollution in a Major Oil Port Field Study Council Suppl Vol 2 21 (1968) Eckart R E Cancer Prevention in the Petroleum Industry Tnt J Cancer 3 656-661 (1967) Eghnton 0 Organic Geochemistry in G Eglinton and M T J Murphy Organic Geochemistry Springer Berlin and New York (1969) Graef W and Winter Ch 34 Benzpyren in Erdoel Arch Hyg 152/4 289- 293 (1968) Hampson G R and Sanders H L Local Oil Spill Oceanus 15 8-10 (1969) Sanders, H. and Hampson, G. R., "Benthic Ecology", in: Summary of Investiga- tions Conducted in 1969, Unpublished Manuscript, Reference 70-11, Woods Hole Oceanographic Institution, (1970). Wilber, Oh. G., The Biological Aspects of Water Pollution, Charles C. Thomas, Publisher, Springfield, Ill. (1969). MAX BLTJMER, Senior Scientist, Woods Hole Oceanographic Institution Woods Hole Massachusetts Dr Blumer was born in Switzerland and received his education at the Uni versity of Basel Switzerlard (Ph D 1949) He became a U S citizen in 1964 He has been associated with industry (CIBA Limited and Shell Development Company) and with academic institutions (University of Minnesota, Scripps Institution of Oceanography) He has been at the Woods Hole Oceanographic Institution since 1959. He is a member of the American Chemical Society and of the American Asso~ ciation for the Advancement of Science He has served on a FWPOA Panel on the Evaluation of the Toxicity of Detergents and a U S Coast Guard National Academy of Sciences Panel on Pollution Monitoring Dr Blamer is author of numerous scientific papers His research interests and experience lie in the field of organic geochemistry chemical oceanography and oil pollution He has worked on the origin of petroleum the chemical an alysis of petroleum the origin and the long term fate of organic compounds especially hydrocarbons, in the sea and in the marine food chain. Dr Blumer acknowledges long term support of his work in these areas by the Office of Naval Research, by the National Science Foundation and by the Federal Water Quality Administration. TESTIMONY OF MAX BLUMER BEFORE THE CONSERVATION AND NATURAL RESORCES SUBCOMMITTEE, COMMITTEE ON GOVERNMENT OPERATIONS, WASHINGTON, D.C., JULY 22, 1970 I am happy to appear before the Subcommittee on Conservation and Natural Resources to discuss the environmental effects of increased oil traffic in the Potomac estuary I have been involved with the study of hydrocarbons in the sea and with the development of methods for their analysis for many years An oil spill close to our laboratory last Fall has shown us ho~ suitable these meth ods are for studying the fate of pollution in the environment and our analysis of the effect of this oil spill upon fisheries resources is directly applicable to the topic under discussion here PAGENO="0177" 1495 THE OIL SPILL OF WEST FALMOUTH, MASS. In September 1969 a fuel barge ruptured her hull on submerged rocks off West Falmouth. The cause for the accident was an error in navigation under con- ditions of good visibility. Approximately 650 tons of #2 fuel oil were discharged into the coastal waters. Chemists and biologists at Woods Hole are studying the immediate and long term effect of this spill. The oil involved in this spill is a refining product of petroleum. It is contained within the crude petroleum and as such it has effects which are typical both for unrefined oil and for refinery products. However, some differences exist in the mode of toxicity of different petroleum products. Thus, the lower boiling oil products, such as gasoline and kerosene, contain higher concentrations of many fast-acting poisons; on the other hand, the higher boiling oil fractions and whole crude oil contain much more of the persistent, long-term poisons, including substances known to produce cancer. I wish to point out that this is the first study where modern methods of oil analysis have been coordinated with a biological study of the long term effect of an oil spill on the ecology and fisheries resources in a coastal area. It has been said that nine months after the Torrey Canyon accident "bottom samples revealed no trace of oil-microbial action and bottom currents had been fast and complete" (Eglinton, 1969). However, this conclusion rests only on visual observation. Visually oil is not evident at West Falmouth either; however, chemical analysis reveals its presence and the biological study measures its toxicity. Now I wish to summarize our present knowledge of the aftermath of this accident. Persistence and Elpread of the Pollution Oil from the accident has been incorporated into the sediments of the tidal rivers and marshes and into the offshore sediments, down to 42 feet, the greatest water depth In the sea. The fuel oil is still present in inshore and offshore sediments, eight months after the accident. The pollution has been spreading on the sea bottom and now covers at least 5000 acres offshore and 500 acres of marshes and tidal rivers. This is a much larger area than that affected immediately after the accident. Bacterial degradation of the oil is slow; degradation is still negligible in the most heavily polluted areas and the more rapid degradation in outlying, less affected, areas has been reversed by the influx of less degraded oil from the more polluted regions. The kill of bottom plants and animals has reduced the stability of marshland and sea bottom; increased erosion results and may be responsible for the spread of the pollution along the sea bottom. Bacterial degradation first attacks the least toxic hydrocarbons. The hydro- carbons remaining in the sediments are now more toxic on an equal weight basis than immediately after the spill. Oil has penetrated the marshes to at least 1-2 feet depth; bacterial degra- dation within the marsh sediment is still negligible eight months after the accident. (From: Blumer, Sass and Souza, 1970; Blumer, Sass and Souza, unpublishel results.) Biological Effects of the Pollution Where oil can be detected in the sediments there has been a kill of animals; in the most polluted areas the kill has been almost total. Control stations outside the area contain normal, healthy bottom faunas. The kill associated with the presence of oil is detected down to the maximum water depth in the area. A massive, immediate kill occurred offshore during the first few days after the accident. Affected were a wide range of fish, shellfish, worms, crabs and other crustaceans and invertebrates. Bottom living fishes and lobsters* were killed and washed up on the beaches. Trawis in 10 feet of water showed 95% of the animals dead and many still dying. The bottom sediments contained many dead clams, crustaceans and snails. Fish, crabs, shellfish and invertebrates were killed in the tidal Wild Harbor River; and in the most heavily polluted locations of the river almost no animals have survived. `77-463 0 - 72 - pt. 3 - 12 PAGENO="0178" 1496 The affected areas have not been repopulated nine months after the accident Mussels that survived last year s spill as juveniles have developed almost no eggs and sperm (From Hampson and Sanders 1969 Sanders and Hampson 1970 Sanders and Hampson personal communication) Effect on Commercial ~hellfl$h Values Oil from the spill was incorporated into oysters scallops soft shell clams and quahaugs As a result the area had to be closed to the taking of shellfish The 1970 crop of shellfish is as heavily contaminated as was last year's crop. Olosure will have to be maintained at least through this second year and will have to be extended to areas more distant from the spill than last year. Oysters that were removed from the polluted area and that were mainained in clean waer for as long as 6 months retained the oil without change in composi tion or quantity Thus once contaminated shellfish cannot cleanse themselves of oil pollution The tidal Wild Harbor River a productive shellfish area of about 22 acres con talus an estimated 4 tons of the fuel oil This amount has destroyed the shellfish harvest for two years The severe biological damage to the area and the slow rate of biodegradation of the oil suggest that the productivity will be ruined for a longer time The presence or absence of an oily smell is no clue for the presence of oil pollution in fish or shellfish Only a small fraction of petroleum has a pronounced odor this may be lost while the most harmful long term poisons are retained Boiling or frying may remove the odor but will not eliminate the toxicity (From Blumer Sass and Souza 1970 Blumer Sass and Souza unpublished results) ToxIcITY OT OIL AND OIL PRODUCTS The toxicity of crude oil and oil products and the danger of oil pollution to the marine ecology and to public health has been established in several mdc pendent ways Oil and oil products contain many known poisons e g fast acting compounds like the low boiling aromatic hydrocarbons and slowly acting but equally severe poisons like the high boiling aromatic hydrocarbons Laboratory studies on many marine animals have demonstrated the toxicity of oil and oil products Field studies have shown the disastrous effect of oil spills on marine organisms in their normal habitat From such investigations we know that all crude oils and all oil products with the exception of some highly purified substances are poisons for all marine organisms Oil pollution can harm marine resources in many different ways through direct or indirect kill through destruction of the sensitive juvenile forms and through the depletion of food resources The incorporation of sub lethal amounts of oil leads to reduced resistance to stress and may result in failure to reproduce Low level effects which are still poorly understood may interrupt any of the numerous events necessary for the feeding migration and propagation of marine species and for the survival of those species which stand higher in the marine 1~ood web We need to comment on the problem of Petroleum and Cancer Some years ago a high incidence of skin cancer in some refinery personnel was observed The cause was traced to prolonged skin contact by these persons with petroleum and with refinery products (Eckart, 1967). These incidents have demonstrated that oil and oil products can cause cancer in man, and these findings were sup- ported by the isolation from petroleum of chemicals that are known to cause cancer and that were actually shown to Induce cancer in test animals (Cook et al 1958 Carruthers et al 1967 Greaf and Winter 1968) Safeguards in plant operations protect the public from this hazard however when oil is spilled into the environment we lose control over it and should again be concerned about the possible public health hazard from cancer causing chemicals in the oil We have shown that marine organisms ingest and retain hydrocarbons to which they are exposed These are transferred to and retained by predators In this way even animals that were not directly exposed to a spill can become polluted by eating contaminated animals This and the presence of cancer causing chemicals in oil pollution implies that the marketing and eating of fish and shellfish from polluted `~reas may constitute a public health hazard PAGENO="0179" 1497 T115 INCIDENCE OF OIL SPILLS; THE EFFECTIVENESS OF COUNTERMEASURES No oil port is able to avoid spillage, and human error has been quoted as the principal casue of accidents (Dudley, 1968). It has been estimated that 0.01% of the oil entering port is lost, even in the most carefully managed ports (Dudley, 1968; Arthur, 1968; Blumer, 1969); in other ports the spillage may amount to 0.1% of the turnover. Ideally, countermeasures should be able to remove this spilled oil. However, the most severely toxic components of the oil are also wa- ter soluble, therefore biological damage will occur at the very moment of the ac- cident. Countermeasures are fully effective only if all of the oil is recovered Im- mediately after the spill. The technology to achieve this goal does not ea~ist. In spite of this, the use of containment and recovery techniques is to be en- couraged; they will at least reduce the impact of the accident on the ecology. Burning may be called for under special circumstances, though damage will oc- cur due to the partial dissolution of the oil under the burning oil layer. However, I wish to advise strongly against the use of detergents, dispersants and sinking agents. These are purely cosmetic measures, which push the toxic oil actively into the environment with all the consequences of the kill of bottom or- ganisms and destruction of fisheries resources through incorporation of oil. RECOMMENDATIONS 1. Oil and oil products must be recognized as poisons that damage the marine ecology. They destroy fisheries resources through direct kill, through sublethal damage and through the destruction of food sources. Polluted fish and shellfish become a public health hazard. 2. All precautions should be taken to reduce the spillage; they should be aimed at eliminating human error. Records must be kept of all spills. Spill prevention must be backed by surveillance and law enforcement. A chemical laboratory must be available to establish the tie between a spill and a vessel or port facility. In terms of cost effectiveness spill prevention is far superior to cleanup. 3. Bacterial degradation. eventually destroys spilled oil. Therefore, the envi- ronment has some limited tolerance for spills. Investigations like ours will estab- lish the tolerance level; however, additional investigations involving other oil spills and other ecological circumstances are needed. 4. The spillage rate and the environmental tolerance determine directly how much oil a port can handle without causing additional environmental degrada. tlon. 5. Containment of the spills and recovery or burning at the earliest possible time are favored in spite of their shortcomings. The use of detergents, dispersants or sinking agents should not be permitted except in cases of extreme fire hazard. 6. Continuing chemical and biological surveys can establish the present ex- tent and any further spread of the ecological deterioration. Chemical analysis Is needed to establish the safety of fish and shellfish for human nutrition. Such surveys are possible; they are relatively inexpensive and high priority should be given to establish laboratories to perform these analyses on a continuing basis in all major port areas. There is a definite danger that fisheries products are now being marketed which are not acceptable from the point of view of public health. References Arthur, D. R., "The Biological Problems of Littoral Pollution by Oil and Emulsi- fiers-a Summing Up," pp. 159-164, Suppl. to Vol. 2 of Field Studies, Field Council, London (1968). Blumer, M., Sass, J. and Souza, G., "Hydrocarbon Pollution of Edible Shell- fish by an Oil Spill," Marine Biology, 5, 195-202 (1970). Blumer, M., Sousa, G, and Sass, J., "Hydrocarbon Pollution of Edible Shellfish by an Oil Spill," Unpublished Manuscript, WHOI Ref. No. 70-1, 14 pp., Jan. 1970. Oarrutbers, W., Stewart, II. N. M. and Watkins, D. A. M., "1,2-Benzanthracene Derivatives in a Kuwait Mineral Oil," Nature, 213, 691-692 (1967). Cook, J. W., Carruthers, W and Woodhouse, D. L., "Carcinogenicity of Mineral Oil Fractions," Brit. Med. Bull., 14, 132-135 (1958). Dudley, G., "The Problem of Oil Pollution in a Major Port," Field Study Council, Suppl. Vol. 2, 21 (1968). Eckart, R. E., "Oancer Prevention in the Petroleum Industry," Int J. Cancer, 3, 656-661 (1967). PAGENO="0180" 1498 Eglington, G., "Organic Geochemistry," in: G. Eglinton and M. T. J. Murphy, Organic Geochemistry, Springer, Berlin and New York (1969). Graef, W. and Winter, Ch., "3,4 Benzpyren in Erdoel," Arch. Hyg., 152/4, 289- 293 (1968). Hampson, G. R. and Sanders, H. L., "Local Oil Spill," Oceanus, 15, 8-10 (1969). Sanders, H. and Hampson, G. R., "Benthic Ecology," in: Summary of Investiga- tions Uoiutucted in 1969, Unpublished Manuscript, Reference 70-11, Woods Hole Oceanographic Institution (1970)'. MAX BLUMER, Senior Scientist, Woods Hole Oceanographic Institution, Woods Hole, Massa- chusetts. Dr. Blumer was born in Switzerland and received his e~lucation at the Uni- versity of Basel, Switzerland (Ph.D. 1949). He became a U.S. citzen in 1964. He has been associated with industry (CIBA, Limited, and Shell Development Com- pany) and with academic institutions (University of Minnesota, Scripps Insti- tution of Oceanography). He has been at the Woods Hole Oceanographic Insti- tution since 1959. He is a member of the American Chemical Society and of the American Asso- cation for the Advancement of Science. He has served on a FWPCA Panel on the Evaluation of the Toxicity of Detergents and a U.S. Coast Guard-National Academy of Sciences Panel on Pollution Monitoring. Dr. Blumer is author of numerous scientific papers. His research interests and experience lie in the field of organic geochemistry, chemical oceanography and oil pollution. He has worked on the origin of petroleum, the chemical analysis of petroleum, the origin and the long terni fate of organic compounds, especialLy hydrocarbons, in the sea and in the marine food chain. Dr. Blumer acknowledges long term support of his work in these areas by the Office of Naval Research, by the National Science Foundation and by the Federal Water Quality Administration. TESTIMONY OF MAX BLUMER, BEFORE THE ANTITRUST AND MONOPOLY SUBCOMMIT- TEE, U.S. SENATE, WAsHINGTON, D.C., AUGUST 4-6, 1970 CONCLUSIONS A moderately large oil spill has occurred off the shores of Cape Cod in Septem- ber 1969. In the first joint investigation of its kind biologists and chemists of the Woods Hole Oceanographic Institution are examining the damage done to the marine life and the persistence of the oil in the environment. Oil from this spill has killed a wide range of marine life. The pollution at the sea bottom is still spreading, ten months after the accident, and now covers at least 5,000 acres off- shore and 500 acres of marshes and tidal rivers. The polluted area has not yet been repopulated. Shellfish that have survived the spill in the less contaminated areas have become polluted by the oil and are now a public health hazard. There- fore, large shellfish areas had to be closed in the Fall of 1969 and the area had to be extended further in 1970. Shellfish that have taken up `oil cannot cleanse them- selves, if they are transplanted into uncontaminated areas. Petroleum and petroleum products are poisons for all marine organisms and for man. Petroleum contains many poisons, among them substances which cause cancer in animals and in man. Therefore, the presence of petroleum and of petro- leum products in marine foods constitutes a public health hazard which should be taken seriously. Extsting countermeasures against oil spills differ in their effectiveness and desirability. Some are purely cosmetic measures (detergents, dispersants and sinking agents) that push the toxic oil into `the environment and cause more harm than if the spill were left alone. Countermeasures are completely effective only if all `the oil is recovered immediately after the spill. `The technology to achieve this goal does not exist. Oil spills of various types now introduce between 2 and 10 million tons of oil into the ocean every year. With increasing production and transport and with a shift of the production to more dangerous locations in the Arctic and on the Continental Shelves, spills will increase more rapidly than the oil production. This large influx of oil into the ocean causes severe damage. Only through recent investigations, like that of the oil spill in the Cape Cod area, have we become PAGENO="0181" 1499 aware of `the great hazard that oil constitutes to the marine ecology, to fisheries resources and to human health. We urge that all precautions must be `taken to prevent oil spills. In terms of cost effectiveness spill prevention is far Superior `to clean up. In offshore drilling con- servation must be practiced. It must not be aimed, as In the past, only at utiliz- ing the oil reserves in the best way. Conservation must flow include the protec- tion of the environment and the maintenance of our recreational and fisheries re- sources. In the granting of offshore leases consideration must be made of the eco- logical hazards and the danger to fisheries resources and human health. In future offshore leases a percentage of the revenue should be allocated for environmental protection. These funds should be used for a survey before and during produc- tion, for the funding and establishment of laboratories to carry out such surveys and for research on the effects of oil pollution on the marine ecology, on fisheries resources and on public health. These funds should support training and educa- tion in marine ecology and in the pollution field. I am thankful for the invitation to appear before the Antitrust and Monopoly Subcommittee to discuss the risks inherent in expanded offshore drilling and oil transport. I have studied the fate of hydrocarbons in the sea and in marine organisms for many years. At the Woods Hole Oceanographic Institution with which I have been associated since 1959, my work centers on hydrocarbons in the marine food chain and on their effect upon marine organisms and man. A study of the aftermath of an oil spill close to our laboratory has shown us how little we knew about the effects of oil pollution on the marine ecology. I wish to review our findings of the ecological and commercial damage caused by this oil spill. Later I will comment on the toxicity of oil in the environment and the present state of the art of countermeasures. I will conclude with a dis- cussion of the world wide problem of oil pollution afid with recommendations for environmental protection. THE OIL SPILL OF WEST FALMOUTH, MASSACHUSETTS In September 1969 a fuel barge ruptured her hull on submerged rock off West Falmouth. The cause of the accident was an error in fiavigation under condi- tions of good visibility. Approximately 650 tons of #2 fuel oil were discharged into the coastal waters. Chemists and biologists at Woods Hole are studying the immediate and long term effect of this spill. The oil involved in this spill is a refining product of petroleum. It is contained within the crude petroleum and as such it has effects which are typical both for unrefined oil and for refinery products. However, some differences exist in the mode of toxicity of different petroleum products. Thus, the lower boiling oil products, such as gasoline and kerosene, contain higher concentrations of many fast-acting poisons; on the other hand, the higher boiling oil fractions and whole crude oil contain much more of the persistent, long-term poisons, Including substances known to produce cancer. I wish to point out that this is the first study where modern methods of oil analysis have been coordinated with a biological study of the long-term effect of an oil spill on the ecology and fisheries resources in a coastal area. It has been said. that nine months after the Torrey Canyon, accident "bottom samples revealed no trace of oil-microbial action and bottom currents had been fast and complete" (Eglinton, 1969). However, this conclusion rests only on visual observa- tion. Visually, oil is not evident at West Falmouth either; boweve~, chemical analysis reveals its presence and the biological study measures its toxicity. A massive, immediate kill occurred offshore during the first few days after the accident. Affected were a wide range of fish, shellfish, worms, crabs and other crustaceans and invertebrates. Bottom living fishes and lobsters were killed and washed up on the beaches. Trawls in 10 feet of water showed 95% of the animals dead and many still dying. The bottom sediments contained many dead clams, crustaceans and snails. Fish, crabs, shellfish and many other animals were killed in the tidal Wild Harbor River; and in the most heavily polluted locations of the river alm&st no animals have survived. The `affected areas have not been repopulated, nine months after the accident. Mussels that survived last year's spill as juveniles have developed almost no eggs and sperm. (From: Hampson and Sanders, 1969; Sanders and Hampson, 1970; Sanders and Hampson, personal communication). PAGENO="0182" 1500 Ji~ffect on Uommerc~al ~hellflsh Values Oil from the spill was incorporated into oysters scallops soft shell clams and quahaugs As a result the area had to be closed to the taking of shellfish The 1970 crop of shellfish is as heavily contaminated as was last year s crop Closure will have to be maintained at least through this second year and will have to be extended to areas more distant from the spill than last year Oysters that were removed from the polluted area and that were maintained in clean water for as long as 6 months retained the oil without change in compo sition or quantity Thus once contaminated shellfish cannot cleanse themselves of oil pollution The tidal Wild Harbor River a productive shellfish area of about 22 acres contains an estimated 4 tons of the fuel oil This amount has destroyed the shell fish harvest for two years The severe biological damage to the area and the slow rate of biodegradation of the oil suggest that the productivity will be ruined for a longer time The presence or absence of an oily smell is no clue for the presence of oil pollution in fish or shellfish Only a small fraction of petroleum has a pronounced odor this may be lost while the more harmful long term poisons are retained Boiling or frying may remove the odor but will not eliminate the toxicity (From Blumer Sass and Souza 1970 Blumer Sass and Souza unpublished results) TOXICITY OF OIL AND OIL PRODUCTS The toxicity of crude oil and oil products and the danger of oil pollution to the marine ecology and to public health has been established in several independent ways Oil and oil products contain many known poisons e g fast acting com pounds like the low boiling aromatic hydrocarbons and slowly acting but equally severe poisons like the high boiling aromatic hydrocarbons Laboratory studies on many marine animals have demonstrated the toxicity of oil and oil products Field studies have shown the disastrous effect of oil smlls on marine orga nisms in their normal habitat From such investigations we know that all crude oils and all oil products with the exception of some highly purified substances are poisons for all marine organisms. Oil pollution can harm marine resources in many different ways: through direct or indirect kill, through destruction of the sensitive juvenile forms and through the depletion of food resources. The incorporation of sub- lethal amounts of oil leads to reduced resistance to stress and may result in failure to reproduce Low level effects which are still poorly understood may interrupt any of the numerous events necessary for the feeding migration and propagation of marine species and for the survival of those species which stand higher in the marine food web We need to comment on the problem of Petroleum and Cancer Some years ago a high incidence of skin cancer in some refinery personnel was observed The cause was traced to prolonged skin contact by these persons with petroleum and with refinery products (Eckart 1967) These incidents have demonstrated that oil and oil products can cause cancer in man and these findings were sup ported by the isolation from petroleum of chemicals that are known to cause cancer and that were actually shown to induce cancer in test animals (Cook et al 1968 Carruthers et al 1967 Greaf and Winter 1968) Safeguards in plant operations protect the public from this hazard how ever when oil is spilled into the environnient we lose control over it and we should again be concerned about the possible public health hazard from cancer causing chemicals in the oil W'~ have shown that marine organisms ingest and retain hydrocarbons to which they are exposed These are transferred to and re tamed by predators In this way even animals that were not directly exposed to a spill can become polluted by eating contaminated animals This and the presence of cancer causing chemicals in oil pollution implies that the marketing and eating of fish and shellfish from polluted areas may constitute a public health hazard. The toxicity of petroleum does not depend on its source thus all oils are poisons regardless of the field where they were nroduced and regardless of whether they are spilled from a tanker a shore facility or from a submarine well or pipeline PAGENO="0183" 1501 COUNTERMEASURES Compared to the number and size of accidents and disasters the present countermeasures are inadequate. However, a rapidly advancing technology is hopeful of developing techniques that will be effective in dealing even with large spills under severe sea conditions. Yet, while we may remain hopeful that the gross esthetic damage from oil spills may be avoided sometime in the future, there is no reason to be hopeful that existing or planned countermeasures will reduce the biological impact of oil pollution. The most immediately toxic fractions of oil and oil products are soluble in sea water; therefore, biological damage will occur at the very moment of the accident. Water currents will immediately spread the toxic plume of dissolved oil components and, if the accident occurs in inshore waters, the whole water column will he poisoned even if the bulk of the oil floats on the surface. The speed with which the oil dissolves is increased by agitation, and in storm con- clitions the oil will partly emulsify and will present a much larger surface area to the water; consequently, the toxic fraction will dissolve more rapidly and reach higher concentrations. From the Point of view of avoiding the immediate and long-term biological effect of oil spills, countermeasures are completely effective only if all of the oil is recovered immediately after the spill. The technology to achieve this goal does not e~vist. Existing countermeasures differ in their effectiveness and desirability. I wish to advise strongly against the use of detergents, dispersants and sinking agents. Instead of removing the oil these measures push the oil into the marine environ- ment. It will kill organisms in the water or on the sea bottom, and animals that survive the immediate impact can be harmed by the long term poisons which are present in petroleum. Sunken or dispersed oil can be taken up by fish and will destroy their food value because of the presence of substances poisonous to man. For these reasons I feel that the use of dispersants and sinking agents are un- acceptable, inshore or offshore, except under special circumstances e.g. where danger to human life is involved. Burning by such means as the addition of wicks or oxidents appears more at- tractive from the point of view of avoiding biological damage by dispersion and sinking. However, it will be effective only if burning can start immediately after a spill. Containment and removal appear ideal from the point of avoiding biological damage. However, they can be effective only if applied immediately after the accident. Under severe weather conditions floating booms and barriers are in- effective. Booms were applied during the West Falmouth oil spill; however, the biological damage in the sealed-off harbors was severe and was caused probably by the oil which bypassed the booms in solution in seawater and in the form of wind-dispersed droplets. THE PROBLEM OF WORLD WIDE OIL POLLUTION Oil pollution Is the most inevitable consequence of our dependence on an oil- based technology. The use of a natural resource without losses is nearly impos~ sible and environmental pollution occurs through intentional disposal or through inadvertent losses in production, transportation, refining and use. Large catas- trophes like that of the Torrey Canyon, the blowouts at Santa Barbara and in the Gulf of Mexico get the attention of the public because of the obvious esthetic damage and the harm to birds. Small and continuing spills and their far greater impact on less visible resources are less apparent to the public. It is estimated that annually 10,000 pollution incidents occur in waters and that oil pollution accounts for 7,500 of these. We have estimated that the total influx of oil to the ocean Ier year amounts now to between two and ten million metric tons. Technology continues to expand, the sea transport of oil will increase and production will shift to the more hazardous locations in the Arctic and on the Continental Shelves. Losses will increase therefore even more rapidly thami the oil production. We know that oil is poisonous to all marine life amid to man. In our study of the West Falmouth oil spill we have demonstrated for the first time the very severe and lasting impact of a spill on the ecology and fisheries resources. There is no doubt now that the annual influx of 2-10 million tons of oil into the ocean causes severe damage. It is difficult to assess at this time how large this damage is. With the exception of our work in West Falmouth, no large-scale and long-time studies have been PAGENO="0184" 1502 undertaken in which the present resources of chemistry and biology have been applied to undestand the effect of oil spills. No public laboratory in this country is equipped at this time to determine whether fish or shellfish has become a hazard to human nutrition through the incorporation of toxic petroleum hydrocarbons. ~ The valt~e of fisheries resources is still higher than that of the oil recovered from the sea. The importance of marine proteins for human nutrition demands that the damage to fisheries resources by oil pollution be considered in any cost analysis of marine oil production It is disappointing that these real costs and ` alues have been disregarded in all planning for the extension of marine oil production oil transport and port design A similarly one sided approach would be for instance a demand by fisheries concerns that all marine oil production and shipping be terminated since it clearly interferes with fisheries interests We have to start to realize that we are paying for the damage to the environ ment especially if the damage is as tangible as that of oil pollution to fisheries resources and to recreation Experience has shown that cleaning up a polluted aquatic environment is much more expensive than it would have been to keep the environment clean from the beginning Iii terms of minimizing the environ mental damage spill prevention will produce far greater returns than cleanup Finally I wish to point out that it is not sufficient to consider the effect of oil pollution without also considering the other stresses on the productive regions of the ocean. The combined impact of oil and oil products chemicals domestic sewage and municipal wastes of the filling of wetlands of dredging and of overfishing might lead to a deterioration of the sea similar to that which we have brought about in the Great Lakes Because of the much longer time scale of the oceans such a catastrophic deterioration would not likely be reversed within many genera tionS it would have a deep and lasting impact on the future of mankind RECOMMENDATIONS 1 Oil and oil products must be recogrnzed as poisons that damage the marine ecology Fisheries resources are destroyed through direct kill through sublethal damage and through the elimination of food sources Oil is poisonous to man and polluted fisheries products are a public health hazard 2 All precautions must be taken to prevent oil spills Preventive measures must be aimed at eliminating human error at the present the principal cause of oil spills. 3 Spill prevention must be backed by effective surveillance and law enforce ment In terms of cost effectiveness spifl prevention is far superior to cZeanv~p 4 The conservation practiced in oil production has been aimed primarily at preserving the oil reserves in our oil reservoirs Oil production transportation and refining have largely disregarded the need to conserve the environment and to maintain our recreational and fisheries resources. Conservation must now be aimed at preserving the environment Optimum use must be made of our oil reserves at minimum cost to the environment 5 The hazard in offshore drilling increases with the number of wells being drilled the number and length of pipelines and the number and size of marine storage facilities These paramenters should be minimized to reduce the environ mental hazard 6 In the granting of offshore leases consideration must be made of the ecologi cal hazards and of the danger to fisheries resources 7 Ecological damage and damage to fisheries resources is a direct consequence of oil spills At the present time all of us are paying the direct and indirect cost of this damage In future offshore leases a certain percentage of the revenue should be allocated for environmental protection 8. Environmental protection funds derived from offshore oil leases should be used to accomplish these tasks: (a) Ecological and chemical survey of the area before drilling is started (b) Ecological and chemical survey, continued during the period of production. (c) Establishment and funding of laboratories to carry out continuous chemi- cal and biological surveys (d) Research on the effects of oil pollution on the marine ecology, on fishOries resources and on public health (e) Research on realistic countermeasures that will recover spilled oil or ren der it harmless in situ not measures that introduce the oil into the environment at undiminished toxicity PAGENO="0185" 1503 (1) Training and education in marine ecology and in the pollution field. 9. Present federal funding in the area of marine pollution is insufficient and the granting process is cumbersome. Research funds have to be renegotiated an- nu~ily with complete restatement of the goals. Proposal writing and frequent interim reporting require a large fraction of the time that should be devoted to the research. The funding level should be increased, research with long-term goals should be funded for three to five year terms and the administrative load on the investigator should be reduced at least to the level that now satisfies the National Science Foundation. 10. Oil and oil products in all forms are equally dangerous. Thus, whether the oil is derived from a well or from a tanker or from any other source does not affect its enviornmental toxicity. In drilling operations oil is commonly used as the base of drilling muds. When spilled or disposed into the ocean, an oil based- drilling mud will damage marine life and fisheries resources in the same manner as an oil spill. Therefore, oil-based drilling muds used at sea must be contained and their disposal must be prohibited. Ref erences Blumer, M., Sass, J. and Souza, G., Hydrocarbon Pollution of Edible Shellfish by an Oil Spill," Marine Biology, 5, 195-202 (1970). Blumer, M., Souza, 0., and Sass, J., "Hydrocarbon Pollution of Edible Shell- fish by an Oil Spill," Unpublished Manuscript, WHOI Ref. No. 70-1, 14 pp., Jan. 1970. Carruthers, W., Stewart, H. N. M. and Watkins, D. A., "1, 2-Benzanthracene Derivatives in a Kuwait Mineral Oil," Nature, 213, 691-692 (1967). Cook, J. J., Carruthers, W. and Woodhouse, D. L., "Carcinogenicity of Mineral Oil Fractions," Brit. Med. Bull., 14, 132-135 (1958). Eckart, R. E., "Cancer Prevention in the Petroleum Industry," Tnt. J. Cancer, 3, 656-661 (1967). Eglinton, 0., "Organic Geochemistry," In: 0. Egllnton and M. T. J. Murphy, Organic Geochemistry, Springer, Berlin and New York (1969). Graef, W .and Winter, C., "3,4 Benzpyren in Erdoel," Arch. Hyg., 152/4, 289- 293 (1968). Hampson, 0. R. and Sanders, H. L., "Local Oil Spill," Oceanus, 15, 8-10 (1969). Sanders, H. and Hampton, 0. R., "Benthic Ecology," In: Summary of Investi- gations Conducted in 1969, Unpublished Manuscript, Reference 70-11, Woods Hole Oceanographic InstItution (1970). MAX BLUMER, Senior Scientist, Woods Hole Oceanographic Institution, Woods Hole, Mass. Dr. Blumer was born in Switzerland and received his education at the Univer- sity of Basel, Switzerland (Ph.D. 1949). He became a U.S. citizen in 1964. He has been associated with industry (CIBA, Limited, and Shell Development Company) and with academic institutions (University of Minnesota, Scripps Institution of Oceanography). He has been at the Woods Hole Oceanographic Institution since 1959. He is a member of the American Chemical Society and of the American Asso- ciation for the Advancement of Science. He has served on a FWPCA Panel on the Evaluation of the Toxicity of Detergents and a U.S. Coast Guard-National Academy of Sciences Panel on Pollution Monitoring. Dr. Blumer is author of numerous scientific papers. His research interests and experience lie in the field of organic geochemistry, chemical oceanography and olt pollution He has worked on the origin of petroleum, the chemical analysis of petroleum, the origin and the long term fate of organic compounds, especially hydrocarbons, in the sea and in the marine food chain. Dr. Blumer acknowledges long term support of his work in these areas by the Office of Naval Research, by the National Science Foundation and b~ the Federal Water Quality Administration. PAGENO="0186" 1504 PERSISTENCE AND DEGRADATION OF SPILLED FUEL OIL Abstract -In September 1969 600 tons of #2 fuel oil was spilled in Buzzards Bay Massachusetts Two years later fuel oil hydrocarbons persist in the marsh and in offshore sediments Hydrocarbon degradation is slow especially below the immediate sediment surface and appears to proceeçl principally through ~incrobial utilization of alkanes and through partial dissolution of the lower boiling aromat ics The boiling range of the spilled oil and the relative abundances of homologous hydrocarbons (e g phytane and pristane) have been well preserved The findings agree with the known geochemical stability of hydrocarbons Fuel oil is an appreciable fraction of whole crude oil This suggests that oil products and crude oils have a considerable environmental persistence ( Submit ted to Science 1972 Oil pollution of the sea and the public awareness of it has increased rapidly in recent years In spite of this little information exists on the persistence and long term effect of hydrocarbon pollutants in the marine environment The fate of fuel oil from a spill in Buzzards Bay off West Falmouth Mass lISA on September 16 1969 has been under investigation for more than two years The relatively small spill involved the discharge from a stranded barge of approximately 600 tons of #2 fuel oil into the coastal waters and marshes It led to perisitent pollution of the sediments and of the fisheries resources (1-3) Among the events that followed the 1969 spill we can distinguish three distinct though partly overlapping series of events Within the first few hours or days after the accident there was a heavy kill of orgami~ms which came into contact with the oil the effect extended over all phyla and over benthic and intertidal organisms (2 4) Next within weeks or months after the spill the oil spread to areas that had not been affected initially and the kill extended though in some cases more slowly than the spread of the oil to outlying areas For a considerable time after the spill the oil prevented resettlement of the sediments by the original fauna Now degradation of the oil is evident concurrently with the chemical changes in the oil the immediate toxicity of the oil in the sediment has been reduced This has permitted resettlement of the polluted region first by the most resistant faunal opportunists and later by a more varied and normal fauna (4) Our analyses show the slow decrease of the oil content of the sediments from the high initial values in the marshes (Wild Harbor River) and offshore (Station 31 Silver Beach Harbor Fig 1) At both locations the oil content has remained well above the level of the indigenous sedimentary hydrocarbons which average 5-7 mg/100 g dry sediment The steep increase in the oil content at Station 31 between December 1969 and March 1970 is attributed to the redistribution of oil from the same spill since the gas chomatograms of the sediment extracts be fore and after this time agree in terms of boiling range boiling point distribution and characteristic detail and since no new spill occurred in that area The degradation of the oil appears to involve both bacterial utilization and partial dissolution Our experience with field samples confirms qualitatively those labo ratory observations that indicated a decrease in the degradation rate from normal to iso and cycloalkanes and to aromatics The n heptadecane to pristane ratio (n C17/P Fig 2) is a sensitive indicator of incipient oil degradation (2 3) It decreases more rapidly in the marshes and ~in lightly polluted offshore sedi ments than at the heavily polluted Station 31 presumably this reflects differ ences in the availability of oxygen At Station 31 n C17/P remained nearly con stant for the initial 3 months a slight decrease in December 1969 was followed by a rise which coincided with the steep rise in pollution level at that Station in March 1970 A similar trend in the n 017/P ratio at more distant stations during the same period suggests the seaward spread of the fuel oil from the heavily polluted marshes and inshore regions during the first winter after the spill (2 3) The rate of bacterial degradation even of the n alkanes is much lower in the environment than under laboratory conditions using `ieration nutrients agita tion and elevated temperatures &fter two years small amounts of n alkanes persist Pins is not surprising however in view of the well documented geo chemical stability of sedimentary hydrocarbons (5 6) Branched and cyclic hydrocarbons are attacked even more slowly than the ii alkanes after two years isoprenolds (phytane pristane and the C18 homologue are evident) alicyclic and aromatic hydrocarbons remain prominent in the polluted sediments PAGENO="0187" 1505 Mass spectral analyses of the aromatics at Station 31 from March 1970 to April 1971, show a relative increase of the more highly substituted bensenes, naphthalenes and tetrahydronaphthalenes at the expense of the lower homologues, especially of the most soluble compounds, such as naphthalene and the C~ to C3 alkylnaphthalenes. This suggests that dissolution is more important than bac- terial utilization of the aromatics; the latter process would not show the same molecular weight dependence. The saturate to aromatic ratio of the fuel oil in the sediments at Station 31 remained nearly constant from March 1970 to April 1971. Thus the overall rate of depletion of the saturated and aromatic hydrocarbons is the same, even if there is preferred bacterial degradation or dissolution of some components within each group. Analyses of a core from Station 31 in September 1971 show the presence of fuel oil to a depth of 7.5 cm below the sediment surface. Judging from the n-C17/P ratio, the oil below 2.5 cm is as fresh after 24 months as the oil at the surface was after 10 months (3). In the marshes, penetration has been greater, extend- ing to at least 60 cm, and bacterial degradation and dissolution is evident at that depth; this is probably the result of the greater permeability and aeration of the marsh sediments. Some properties of the fuel oil have changed little, in spite of its gradual degradation. Initially, the boiling range of the spilled oil, extended from 170-370° C and the normal alkanes rangeçl from decane to docosane. The boiling range of the fuel oil In the sediments is well preserved after two years, even at stations with low pollution level C13-C14 alkanes are still present; at Station 31 and in the marshes dodecane can still be detected. Adjacent members of the same or of closely related homologous series are af- fecte~ by weathering to nearly the same degree; therefore, their concentration ratios change only slowly. Thus, the pristane/phytane ratio at Station 31 has remained 1.17±0.09 during two years (Fig. 2). This value differs characteristi- cally from that encountered in unpolluted recent sediments (7). The pristane/ phytane ratio and similar isomer ratios are distinguishing features that vary between different crude oils. That they are so persistent suggests that the iden- tification of fossil fuel pollutauts in the environment and their distinction from the natural hydrocarbon background may be possible over extended time periods. Our continuing investigation will provide a framework for the consideration of the effect and fate of oil pollution in the coastal environment. Hydrocarbons in the boiling\ range of the oil spilled at West Falmouth are abundant in crude oil. Smith (1968), in summarizing analyses of 6496 crude oils, showed that the "gas oil" content of the vast majority ranges from 20-35%, except for Tertiary oil, where higher values occur (p8). Smith defines gas oil as boiling between 200° C at 760 mm and 225° C at 40 mm or 335° 0 at 760 mm). This range is comprised within that of this fuel oil (170°-370° mm). Thus, the "fuel oil" component, in the sense of the oil spilled at West Falmouth, constitutes one quarter to one third of the weight of a large majority of all crude oils. Therefore, we anticipate that the environmental effect and the persistence of a crude oil spill resembles that of a fuel oil spill qualitatively, and to a degree quantitatively. The presence in whole crude oils or residual oils of less rapidly degraded and less soluble hydrocarbons of higher molecular weight should lead to greater environmental persistence. The preservation of hydrocarbons in marine sediments for geologically long time spans is one of the accepted key facts in the current thought on petroleum formation. Similarly, the uptake of dietary hydrocarbons in the food chain and their preservation in the lipids of organisms seems to he well documented. Our present findings do not contradict these background data. References and Notes 1. Max Blumer, G. Souza and J. ~u-M~arine Biology (1970) 5, 195-202. 2. Max Blumer, J. Sass, G. Souza, H. Sanders, F. Grassle and G. Hampson, The West Falmouth Spill, Reference 70-44, Woods Hole Oceanographic Institu- tion, unpublished manuscript, 1970c, 53 pages. 3. Max Blumer and J. Sass, The West Falmouth Oil Spill, data available in November 1971, II. Chemistry, unpublished manuscript, Woods Hole Oceano- graphic Institution, 1972. 4, H. Sanders, F. Grassle and G. Hampson, The West Falmouth Oil Spill, data available in November 1971, I. Biology, unpublished manuscript, Woods Hole Oceanographic Institution, 1972. PAGENO="0188" 1506 5 G ¶1 Philippi Geochimica et Cosmochimica Acta (1965) 29 1021-1049 6 N P Stevens E E Bray and E P Evans Bulletin A A P G (1956) 40 975-983 7 M Blumer and W D Snyder &~ience (1965) 150 1588-15S9 8 H M Smith Qualitative and Quantitative Aspect of Crude Oil Composition Bulletin 642 U S Bureau of Mines 1968 136 pages 9 Contribution No 2835 of the Woods Hole Oceanogr4phic Institution Sup ported by the Office of Naval Research (N0014-66, Contract 00-241) `and by the National Science Foundation (GA-19472) This is a continuing investi gation Biological and chemical data available in November 1971 are compiled in 3 and 4 Legends Figure 1 Hydrocarbon content of marsh and offshore sediments affected by the September 1969 fuel oil spill in Buzzards Bay Massachusetts U S A Figure 2 The pristane/phytane and the n heptadecane/pristane ratio in sedi ments affected by the Buzzards Bay oil spill PAGENO="0189" N - Crs `J C;' J 0 OIL IN SEDIMENT (`rog/tOOg dry wt) 0 Z 0 0 0 0 0 0 0 0 o*) o a N a Go PAGENO="0190" (I) OIL IN SEDIMENT (mg/bOg dry wE) Ui .1s (J~ a) F3 6 o o o o a a o a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl' 0 PAGENO="0191" 1970 STAT/ON 31 1509 SILVER BEACH HARBOR STAT/ON 31 14 ~1.2 ~1.0 1969 I I 1971 1.6 1.4 1.2 to 0.8 0.6 0.4 ~O.2 \ `.~. 2.0 1.8 1.6 1.4 1.2 1.0 0.8 0.6 0.4 Q2 0 HARBOR RIVER STAT/ON 1~Z" 1969 1970 1971 PAGENO="0192" 1510 Determination~ of Polycyclic Aromatic ~ Hydrocarbons in Oysters Collected in Polluted Water H .1 CAHNMANN and MASAHORI KURATSLJNE' Nation I Institutes of Health Bethesda Md ~ As barnacles take up p~lycyclic interest to mvestigate other macme addition of water (15) Two activity aromatic hydrocarbons from - polluted animals, particularly edible ones, be- grades containing 3 and 6% of water surroundings, it was of interest to know cause a health problem might arise if were u~sd. * * * whether other marine animal~ living sea food originating from areas where * ~ gcl,~pavi in water polluted with petroleum oils the ater is polluted with tars or (mesh size thru 200 ) or 963 (mesh or tars also contain such hydrocarbons. petroleum oils were heavily contam- size iithru 325") was reactivated by As as investigation of edible~ marine mated with polycydic aromatic hydro- heating 24 hours at between 16O~ an mci!s a of part cular practical carbons Oysters were chosen for the and 180 C From this reactivated 5 oy S oIl 5 d a mod r p e ent mve t g t on be au e they 1 ye ii a gel va us a t v ty g ades were ately polluted harbor ared were m rather shallow water where they are prepared by adding from 3 to 12% of chosen for the prese S invest got on frequently exposed to floating pollut- nater The prepa ation and the chro- The no sapon fiable matter obta ned ants and because they are sedentary matographic properties of partially de from an oyster extract was fract onated filter feeding animals like barnacles activated silica gel have been described n a ser es of chromatograph c separa The present paper describes the Celite grade 545 Johns Manville Co tions and the fractions thus obtained methods used to detect and identify a Nitrogen Seaford nitrogen Air Re- were nvest gated spectrophotometri number of polycychc aromatic hydro- duction Co Baltimore Md containing cally The analytical procedu~es used carbons in a batch of oysters collected not more than 0 002% of oxygen are also applicable to other Complex in a moderately polluted area A Ultraviolet light source A light mixtures The spectrophotom~tric in methanohc extract of the oysters was beam from a General Electric H 100 A4 vestigation of the chromat~graphic fractionated by solvent partition, alka- mercury arc bulb was passed through a fractions led to the detection of a line hydrolysis, and a series of chromat- condensing quartz lens and a Corning number of polycycl c aromatic hydro ographic separations The chrosnato Spectrophot~n~eter Cary recording carbons. They amounted to about graphic fractions thus obtained were sp~ictrophotometer, Model 11 MS, 1 mg. per 1 kg.of shucked oysters. evaluated spectrophotometrically. Applied Physics Corp., Pasadena, Calif. Glassware. All glassware was thor- oughly cleaned by scrubbing and soak MATERIALS AND INSTRUMENTS ing in a detergent, then was rinsed Q EvessAn years ago a group of re~ several times with water and distilled Li search workers at the Ctsliforma n Pentane commercial grade Phillips water Institute of Technology noticed that Petroleum Co extracts obtained from barnacles ex Iso-octane (22 4-trimethylpentane) hibsted a strong blue fluoressence in pure grade Phillips Petroleum Co ANALY11CAL PROCEDURE ultraviolet light (9 10 16 17) They C3clohexane commercial grade showed that the fluorescence was Phillips Petroleum Co Preparation of Nonsaponifiable caused by a mixture of polycykilic aro- Benzene, reagent grade. Matter. The oysters (Crazsostrea var- Acetone reagent grade. gsnsca) were collected in a harbor matic hydrocarbons among which were Methanol synthetic 99 9% pure area in the vicinity of 1~orfolk Va benzo[ajpyrene and a few weak car- All solvents contained fluorescent a few hundred yards off the shore cinogens. When they investig~ted dif- impurities and were therefore purified, shucked, and immediately thrown ferent batches of barnacles (9 10 17) Methanol was refluxed and distilled into methanol An 03ster extiact they found that the amount of poly ove reshly precipitated silver oxide was prepared as shown in Fig 1 Five cyclic aromatic hydrocarbons aS well as all other solvents were shaken with kilograms of shucked oysters in 6 the composition of the hydrocarbon charcoal (Norit A) (14) then distilled liters of methanol were ground under mixture varied considerably d4pending two to three times until neither the nitrogen in a Waring Blendor The on the habitat of the barnacles In one distillate nor the residue exhibited any ground material was filtered in a basket fluoresce~'ie in ultraviolet light. Ace.. centrifuge. The filtrate was returned batch no polycyclic hydrocarbons could tone war distilled over anhydrous cal- to the basket until it was practically free be detected at all From this it can be cium sulfate (Drierite) the other from suspended solid material The concluded that the polycycbc aromatic solvents were distilled without a drying filter cake was shaken with methanol hydrocarbons found in certain batches agent The first and last 5% of the and the mixture was again centrifuged were only accidentally present rather distillates were discarded This process was repeated several times than normal anetabolites and that their Iso octane Spectro grade Phillips until the filtrate became almost color uptake depends greatly on the environ- Petroleum Co., was used only for spec- less. ment in which the barnacles live. trophotometric purposes. All filtrates were combined. Upon fi d Activated alumina, grade Al-0109 P, standing in the cold (3~ C.) they do- n view o t see n ingu it was o Harshaw Chemical Co., reactivated by posited a small amount of solid ma- heating 24 hours at between 190~ and teriak The supernatant fluid was TM t g ent ut f om Department of 210 C phoned off and the residue was centri Hygiene, Faculty of Medicine Kyuuhu Partially deactivated alumina, pro- fuged and washed with methanol by University, Fukuoka, Japan. pared from the reactivated alumina by centrifugation. The combined green PAGENO="0193" Appearance in Ultraviolet Light Nonfiuorescent(red in daylight) Pale blue fluores- cence Non~uorescent Pale yellow fluores- cence Nonfluorescent Blue fluorescence (purplish blue on top, becoming gradually pale light blue) 1) 77 Extremely faint light blue fluores- cence supernatant solutions (24 liters) were almost clear. They were shaken with cyclohexane. The greenish yellow by- pophase was extracted several times with cyclohexane until the originally dark green epiphase had only a faint greenish tint. The combined epiphases were dried over sodium sulfate, evapo- rated under reduced pressure to Ca. 500 ml., and Caponified by shaking with 250 ml. of a 7N methanolic potassium hydroxide solution for 4 hours. Water was added and the mixture was shaken gently. The organic layer was washed successively with water, iN sulfuric acid and again with water. [In spite of prolonged washings with iN sulfuric Combined Epiphases Nonsaponiflable Material (Containing 11 grams solids) acid followed by washings with water, the final wash water was still slightly alkaline (p11 8).] The organic layer was dried over potassium carbonate. The clear green solution was decanted from the potassium carbonate, because filtration was made impossible by the presence of a transparent gelatinous material. This was removed by centrif- ugation at 0° C. The supernatant solution was concentrated under re- duced pressure to about 150 ml. The green concentrate exhibited a weak blue fluorescence in ultraviolet light. Upon standing in the cold (3° 0.) some more transparent gelatinous ma- terial appeared in the solution. This small amount was not removed. Chromatographic Fractionations. The solution of nonsaponiflable ma- terial was mixed with a small amount of Celite, to prevent clogging of the chro~atographic column. It was' then chromatographed on a 74 X 195 mm. column of partially deacti- vated alumina (3% water). The chromatogram was developed with cyclohexane containing increasing amounts of acetone, up to 2%. De- velopment was discontinued when the originally green eluate had become only faintly colored. The filtrate was prac- tically nonfluoreseent in ultraviolet light. The column was extruded and cut into four sections [A through D (Table I)]. The adsorbed material in each section was extracted with acetone and transferred to cyclohexane (section A) or to n-pentane (sections B, C, and D) using the method of LeRosen (18). The solutions thus obtained (fractions A through D) were further fractionated in a series of chromatographic separations. In these the liquid chromatogram technique was applied and the movement of the various zones ~ras observed by occa- sional inspection of the columns in ultraviolet light. From five to 15 eluate fractions that varied in size from less than 1 to 25 ml., depending on the widths of the fluorescent or non- fluorescent zones emerging from the column, were collected in each of these fractionations. The absorption spectra of all fractions were determined. Ad- joining fractions having similar absorp- tion spectra were combined and each group of fractions was then rechromato- graphed. This process was repeated as often as was necessary to obtain .eluate fractions whose absorption spectra were sufficiently differentiated to permit the spectrophotometric identi- fication of individual polycyclic aro- matic hydrocarbons. 1511 Table I. Appearance of Colsmn is Ultraviolet Li9ht after First Chromato- graphic Fractionation Section Approx. (from Width of Top to Zones, Bottom) Mm. A 5 B 15 35 C 3 Shucked Oysters (5 kg.) Ground with methanol and filtered; residue repeatedly extracted with methanol Flowsheets for the chromatographic fractionation of fractions C and D, shown in Figures 2 and 3, illustrate the adsorbents, solvents, and column sizes ~used. Various activity grades of ac- tivated alumina and of silica gel were used as adsorbents. They were pre- pared by the partial deactivation of the activated adsorbents with email amounts of water (2, 15). Nonpolar eluents such as pentane or iso-octane were sufficient for the complete elution of even penta- and hexacycic aromatic hydrocarbons from strongly deactivated columns, while with not deactivated or weakly deactivated columns solvents of higher eluting power had to be used. The polarity of the eluent was in- creased in a stepwise fashion by the addition of small increments of acetone or bcnzene to a nonpolar solvent. It was found advantageous to use weakly deactivated or not deactivated adsorb- ents in the early stages of the cbroma- tographic resolution of the nonsaponi- fiable matter. In these early stages relatively large amounts of complex mixtures of sub- stances having greatly different ad- sorption affinities had to be separated. Under these conditions strong adsorb- ents in conjunction with eluents of gradually increasing eluting power offer the required versatility. In the later Residue stages of the chromatographic frac- (425 grams) tionation procedure, however, when only very small amounts of material of relatively uniform chromatographic behavior had to be fraclionated, use of the more strongly deactivated adsorb- ents generally gave better results, Broad single chromatographic zones were thus obtained, which could be collected in a series of eluate fractions. Spcctrophotometrie investigation of these fractions revealed that at least a partial separation of the adsorptivos had taken place within the single chromatographie zone. Had the same mixture been chromatographed on an adsorbent of much higher adsorptive strength with a polar solvent as eluent (particularly with acetone-containing Combined Filtrates (24 liters containing 24 grams solids) Partitioned between ca. 80% methanol and cyclohexane; hypophase repeatedly extracted with ryclohexane Hypophase Concentrated to ca. 0.5 liter; saponified(methanolic KOH); gelatinous material removed by centrifugation Saponified Material + Gel Figure 1. Flowsheet for preparation of nonsaponifiable matter 77-463 0 - 72 - pt. 3 - 13 PAGENO="0194" 1512 sohent mrturcs) a `~ ery narrow single eluate fractions Figure 4 ~ho s changes little background absorption is present zone would have been obtain~d It sn the fine structure of the benzo- in this region The peaks at lower could not have been collected in a [a)pyrene spectrum in the neighborhood wave lengths are frequently superim- series of eluate fractions and septration of 380 m~i These chan.~es permit one posed on a high background absorption would therefore not have been achieved, to distinguish benzo[ajpyrene from and are therefore somewhat obscured Appropriate conditions (choice of benzo[ghijperylene, oven in eluate frac- (%) adooibent eluent md adsorbent-ad tmons in which the short w'm~ e ultra The absorpt on spectra of the eluate sorptsvs ratio) m crc determined ill some violet portion of the spectrum is difficult fractions obtained in the fist chráma cases in preliminary test ru*s. In to evaluate because of high background tographic fractionation of the non- other cases they could be pr~dicted absorption. The spectra of the various saponifiable matter (fractions A.B C D) from the chromatographic behafrmor of eluate fractions were always first de- the eluate fraction in the preceding termined at high concentrations in were a ypiea e c arac ens is ne fractionation stop This beha~'ior is which the lower peaks at longer wave structure of the spectra of polycyclic easily observed by inspection of the lengths become more easily discernible; aromatic hydrocarbons was completely column in ultraviolet light. The ad then at lower concentrations which are lacking. Many of the eluate fractions eorbents eluents and column sizes appropriate for the determination of obtamed in the nei~t fraetion'mtion step that were chosen permitted sati~factory the higher peaks in the lower wave (C-I- and D-I fractions in Figures 2 fractionations in most instances: How- length regions. The peaks at higher and 3) yielded spectra that showed a over no attempts were made to deter wave lengths although much lower are number of peaks humps and mflec- mine optimal conditions for eaGh chro- of particular value for the identification tions. Although some of the spectra matographie fractionation. The ad- of individual hydrocarbons because suggested the presence of polycychie sorbemmt-adsorptive ratios varied~from 50 to 1000. The higher ratios (ca, 500 to 1000) were required when relatively weakly adsorbed hydrocarbotis were ebromatographed on `strongly~ deacti- C vated adsorbente-s.g., fraction~D-III-2 ______________________________________ and D-III-4 Figure 3 in which case c-u-O5'mo C. CO-4'/.o umna were t-filld All cot- {~i~ ~j ~j~n.z.~'s.m.a [~j~] The flow rate was adjusted by means ,-_--__-__-_~1_-.__.-.L.~-~ ..~ "~``~.`.----. of nitrogen pressure so that the solvent C C C Cs4.iis%b above the adsorbent moved from 4 to ` [~~] [i~i~1 k-fEic~1 [~~) 12 mm. per minute. The slo~ver flow ` `-J-~ `~]~ rates (4 to 6 mm. per minuf.e) were ~ 2.4j~j~ ~çi j~:: 922, offers less resistance to the solvent ___________ I j flow than silica gel, grade 963. The ~ ~ ~ ~ C-4.$%O p latter was used onlyfor the p$paration ` h / of very short columns when the use of C]~I Ci302 C~Ir~3 C~4 C-in-5 C~6 C1i07 C~5 C~9 C~ grads 922 would have resulted in too ______________ ~ high flow rates All chromatograpluc p p p p p ~, fractionations were carried out in subdued artificial light (Gen~ral Elec- C~Z-t C~2 c-~~a C-~4, C-~-5 C-~6 c-~-? tric fluorescent lamp Gold) hr order to , I 1 - ` I prevent photodecompositon (cf. 1). Po~%~ p p p p p p,s~-4~s irnrediated only momentarily for the ____ ______ inspection of fluorescent zones I Spectrophotomnetnic Identi4cation of ` p p p Polycydic Aromatic Hydr~carbons. , ` E~~J ~ ~ Absorption spectra of all eldate frac- tions were determined froto about 210 to 400 or 500 mC with a recording Figure 2. Flowsheet for chromatogrophic fractionatIon of epectrophotometer. Some of~the free- frø~ti~~ C tions which contained only solvents 600 mg of solute act vated alumina + 307 of water 9 X that do not absorb ultravi4let hght, 260 mm. were investigated directly. All other b. 400 mg. of solute; activated alumina + 3% of water, 5 )( fractions were evaporated t~ dryness 200 mm. under reduced nessure and in an at- ~. 11 mg. of solute; silica gel + 6% of water, 6 X 80 mm. d. 21 tag. of solute; activated alumina + 3% of water, 6 X 60mm. rnosp ere of nitrogen; then the rest- e. 8 mg-of solute; silica gel + 12% of water, 6 X 140 mm. dues were taken up in Iso-octane, f. 18 mg. of solute; silica gel + 12% of water, 6 X 300 mm. spectro grade. Spectra in the near- q. 0.8 mg. of solute; silica gel + 12% of water, 6 X 70 mm. ultraviolet region were in sOme cases a. 7 mg of solute; activated alumina + 6% of water, 6 X 180 also determined in benzene n-pentane 1 mg of aol te sh a gel + 1207 of wet r 5 X 35 mm or cyclohexane, because the spectra of j. 0.8 mg. of solute; silica gel + 607 of water, 5 X 30 mm. some polycvchio aromatic hydrocar C 0 7 mg of sol te eli a gel + 12% of water S X 35 mm boos show differences in fmn~ structure L ~ ~ s~ ~ ems ~ 4 S X 30mm in different solvents. Such changes p n-pentane: i iso-octane; e cyclohexane; b benzene; can be of considerable help in the a acetone spectrophotometnic analysis of certain Designations in boxes repreeent groups of abate fractions PAGENO="0195" C.e-e%b C.iO~IOO%b C C C'e-4%bC~4s%bCes-eoab ~ 6 ~2~3 ~ Figure 3. Flowsheet for chromotographic fractionation of fraction 0 a. 900 mg. of solute; activated alumina + 3% of water, 9 X 270 mm. 1,. 90 mg of solute; activated alumina + 0% of water, 6 X 100 mm. c. 100 mg of solute; silica gel + 3% of water, 6 X 100 mm. 4. 6 mg of solute; silica gel + 6% of water, 6)< 180 mm. e. 14mg. of solute; silica gel + 12% of water, 6 X 340 mm. f. 2 mg. of solute; silica gel + 12% of water, 6 X 150 mm. g. 10 mg. of solute; silica gel + 12% of water, 6 )~ 380 mm. is. 5mg. of solute; activated alumina +3% of water, 6 X 100 mm. p n-pentane; I Iso-octane; c cycloliexane; b benzsne; a acetone Designations in boxes represent grèups of etuate fractions aromatic hydrocarbons, they were not yet sufficiently differentiated to. permit the identification of individual com- pounds. At best it could be concluded from the general shape of an absorption curve that certain types of hydrocar- bons-e.g., phenanthrenes or pyrenes -were predominant in that fraction. A comparison of the spectra obtained with those published by Charlet, Lan- neau, and Johnson (5) for certain types of aromatic hydrocarbons proved to be of help in this tentative group char- acterization. The following fraction- atj~n step yielded fractions (C-Il. and DII-. fractions in Figures 2 and 3) in whose spectra the typical peaks of in- dividual hydrocarbons could be clearly recognized. Thespectra indicated, how- ever, that most fractions contained mixtures of two or morO hydrocarbons, although frequently one of them was predominant. One or two additional chromatographic fractionations were usually required for the unequivocal spectrophotometric identification of the various polycyclic aromatic hydrocar- bons. The identification of the hydrocar- bons present in the various eluate fractions was based on a comparison of the spectra obtained with those of authentic samples of pure hydrocarbons determined under identical conditions. The reference samples were obtained from various research laboratories and 0.5 0 4 0 T F T ~ r .r - ~ 350 380 410 310 380 410 350 380 410 WAVE LENGTH lmj.s) Figure 4. Absorption spectrum of benzo[a]pyrene and of benzo[ghijperylene Benzo(ajpyrene, 3.3 .y pee ml. Benzo[glsi]perylene, 3.1 -~`per ml. Solvent. A benzene; B cyelohexane; C n-pentane 2.Cm. cells commercial sources. They were pun. fled chromatographically before use. A mere similarity of certain spectra with those published in the literature for a large number of aromatic hydrocarbons (7) was never considered sufficient proof of identity. Only by means of ref- erence substances was it possible to compare spectra obtained under ab- solutely identical conditions and to determine the exact location of all peaks and valleys with a high degree of precision. With the instrumental setup used the location of sharp peaks could be determined with a precision of better than ± 1 mp. If an eluate fraction contained es- sentially a single hydrocarbon and only small amounts of contaminants, identification of the hydrocarbon offered no difficulties. The spectrum of the dusts showed then all peaks and valleys of the corresponding reference spectrum while no major additional peaks and valleys were present. Only some background-absorption in certain wave length regions indicated that the eluate fraction still contained some contaminant. An example of such an easily identifiable spectrum is given in Figure 5. (In Figures 5 and 6 the concentration of the reference sub- stance was chosen arbitrarily, to permit an easy comparison of spectra.) If an ~luate fraction contained two or more hydrocarbons, an interpretation of its 1513 t.0 220 250 300 545 350 wave LCNGTH (mj~) Figure 5. Absorption spectrum of eluate fraction containing pyrene Fraction from oysters Pyrene Solvent. Iso-octane 2-Cm. cells spectrum became more complicated because each hydrocarbon present con- tributes its typical absorption peaks to thespeetruzn of the eluate fraction. Nevertheless, it was frequently possible to establish with certainty the identity of the hydrocarbons present in such mixtures by applying the variable ref- erence technique cleecribed in detail by Jone~, Clark, and Harrow (8). This epectrophotometrie technique consists essentially of the gradual addition of one or seversl components of a mixture to be analyzed to the solvent in the PAGENO="0196" °~26O3~'34~355 WAVE LENGTH(m~~) Figure 6. Absorption spectrum of elsate fraction containing chrysene and benz[a]anthracene Fraction from oysters Fraction from oysters, compensated with benz- [ajanthracene - Chrysene Solvent. Iso-octane 2-Cm. cells 1514 5.5 reference cei'~f a spectrophotcimeter until the contribution of these cómpo-. nents to the spectrum of the mixture is completely eliminated by compensation. In the present inVestigation a special reference cell as recommended by~Jones and others was not used. The sub- stances were added in small increments to the reference cell and the epectra were determined after each addifion. Figure 6 illustrates an application of the variable reference technique. The spectrum of the eluate fraction suggested the presence of chryeene and of benz- [ajanthracene. When benz[a]gnthra- cene was added to the reference cell, a compensated spectrum was obtained which was almost identical with the spectrum of an authentic eaniple of ehrysene. Similarly, compensation with chrysene resulted in a* sp~ctrum almost identical w-ith the one of pure benz[a]anthracene. 0.5 Table H. Approximate Amossts of Polycyctic Aromatic Hydrocarbons in Extract from 5 Kg. of Shucked Oysters Approximate Compound Amount, ~` Benzo[ghi]perylene 5-25 Benzo[ ]py e e 10-30 tentati~ ely identsfied as a dialkyl adsorbed polycychc aromatic hydro- Ben [ajanth a ens <50 phenanthrene These tentative sden carbons insufficient to permit an iden Ben [L}fluo a the e 40j20~ tilications were made on the basis of the tsflcation Chrysen~ 100-200 similerity of the spectra of the eluates Pyrene 500-800 with those of 2,3,6-trimethylnaphtha. Flsiorsntbene . 3000-5000 lene and of 1,7-diniethylphenanthrene, DISCUSSION _______________________________ 1-methyl-7-isopropylphenanthrene, and l-ethyl-2-methylphenanthrene, respec- The procedure used for the prepara- tively. One of the eluate fractions tion of the nonsaponifiable matter was seemed to contain perykn.c.Jn trace based on the method described by Zech- For a rough estimation of the amounts insufficient for positive iden- moister and Koe (17) for barnacles. amounts present in the varios~s eluate ~cation. TableS II (which does not The only difficulty encountered was the fractions the base line technique do- include the naphthalenes and phenan- formation of emulsions during the scribed by Cooper (6) was used. The threnes) shows that the hydrocarbons washing of the saponified extract. relative height (not the absorbance) of which could be identified with certarnty Several cross washings were necessary a typical absorption peak is nieasured in the nonsaponifiable matter obtamed in order to prevent appreciable losses and compared with the relative height from 5 kg of oysters amounted to of material In the solvent partition of the corresponding peak in ~he sies about 4 to 8 mg. Of the 11 grams of step several extractions of the hypo- trum obtained from an authentic i nonsaponi.fiable matter, 7.7 grams con- phase with flyclohexane were required sample of the hydrocarbon. Absorp- sisted essentially of a gelatinous ma- for the complete transfer of the poly- tion peaks in the higher wave length tonal that passed rapidly through the cyclic aromatic hydrocarbons to the region were selected for this dtermina- column of activated alumina in the epiphase. tion because in this region there is course of the first chromatographsc Silica gel and activated alumina were least interference from background fractionation The bulk of the re chosen as the adsorbents in the chroma absor ton mainmg e.~ grams (fractions A, B, C, D) tographic fractionations on the basis of consisted of sterols (mainly ostrea- preliminary experiments in which the sterol), red, yellow, and green pigments, chromatographic behavior of various RESULTS and other unidentified substances. polycyclic aromatic hydrocarbons on a Among thesemay have been some highly number of adsorbents was investigated. The pslycyclic aromatic hydrocar- alkylated hydrocarbons (of. 5) for In these experiments partially deac- bone which could be identi~ed spec- which reference compounds could not tivated silica gel, and to a somewhat trophotometnically and the approximate be obtained. The ieolation of ostrea- lesser degree activated alumina and amounts present in the extract from sterol from fraction B has been de partially deactivated alumina yielded 5 kg of shucked oysters are bsted in scnibed (8) The chroinatograpluc res- the best defined chromatographsc zones Table II Certain eluate fractions olution of fractions A and B carried out Considerable trailing was observed on contained a compound tentatively con- in a fashion similar to that shown for columns of Magnceol and Florisil, two sidered to be a trrs.lkylnsphthalene fractions C and D revealed the pres- brands of ma nesiuin tris heats The Other fractions contained a compound ence of only' minimal traces of strongly adsorptive strength of the brand of PAGENO="0197" 1515 activated alumina used (Harshaw) was similar to that of the widely used Alcoa brand, F-20, 80 to 200 mesh. The Harshaw brand was, however, preferable because of its finer mesh size. Activated alumina Woelm (alka- line) gave broader zones than the Har- show and Alcoa brands. On changing from alkaline to neutral and acid alumina (Woelm), the zones became increasingly broader. The addition of 3% of water to activated alumina yields an adsorbent whose adsorptive strength is slightly inferior to that of a silica gel containing 6% of water. An activated alumina partially deac- tivated with 6% of water and a silica gel partially deactivated with 12% of water have roughly comparable ad- sorptive strengths. The adsorption sequence of the various hydrocarbons present in the oyster extract (in general, the same for silica gel and activated alumina, but frequently different for hydrated lime) is shown in Figures 2 and 3. The eluate fractions which yielded the best spectra of individual hydrocarbons are indicated. Alkylation increases the ad- sorptive strength of the parent hydro- carbon; pyrene is more strongly ad- sorbed than phenanthrene but less strongly than dialkyiphenanthrene. Benz[L-lfluoranthene is adsorbed only slightly more strongly than benzo- [alpyrerie. Its spectrum shows a peak at 400 to 401 mp in iso-octane (Figure 7), while the spectrum of benzo[a]py- rene has a small peak at 403 m~s (Figure 4) This is of practical interest because the quantitative evaluation of benzo- [alpyrene in crude mixtures such as tars or oils is frequently baeed on a measurement of the height of the 403-m~i peak, after chromatographic fractionation of the mixture. A con- tamination of benzo[a]pyrene contain- ing eluate fractions with benz[lc]fluor- anthene will then simulate more benzo- [a]pyrene than is actually present. A complete separation of these two com- pounds from each other is therefore necessary before a quantitative eval- uation can be attempted. Benz[k]- fluoranthene has been found in shale oil (4) and in atmospheric samples collected in a petroleum- polluted area (12, cf. 11). Experiments now under way to determine whether or not benz[k]fluoranthene has carcinogenic properties will be reported. The amounts of the polycyclic aro- matic hydrocarbons shown in Table II, particularly of benzo[ajpyrene which is frequently, although without much -justification, used as an indicator for the carcinogenicity of crude oils and tars, appear to be extremely small, if one considers that Zechmeister and Koe isolated 100 mg. of crude benzo- [a]pyrene (40 mg. after recrystalliza- tion) from thatched barnacles. How- ever, the same authors obtained only 360 ~ of crude benzo[a]pyrene from the peduncles of another batch of barnacles originating from a different habitat. (Yields are calculated for 5 kg. of starting material.) Still an- other batch, collected at a third loca- tion, was practically free from poly- cyclic aromatic hydrocarbons (9, 10, 17). The oysters used in the present investi- gttion were collected in an area which was only moderately polluted with ACKNOWLEDGMENT The authors wish to thank H. t.. Folk, University of Southern Cali- fornia, Milton Orchin, University off Cincinnati, Leslie Reggel, Bureau of Mines, Pittsburgh, Pa., the Steroid Section, .Laboratory of Chemistry, Na- tional Institutes of Health, Bethesda, Md., the Gesellschaft für Teerverwer- lung, Duisburg-Meiderich, Germany, and the K. and K. Laboratories, New York, for gifts of reference samples of hydrocarbons; and W. W. Payne, National Institutes of Health, Beth- esda, Md., the Commission of Fisheries of Virginia, and the Region 3 Office of the U.S. Public Health Service for ar- ranging and supervising the collection of the oysters. zo `.5 petroleum oils There woo no evidence of tar pollu~on. It must be mossumed that the quantities of polycyclic aro- matic hydrocarbons in oysters vary, as in l?arnacles, with their habitat. The significance of the quantitative results presented in this paper can therefore not be evaluated until several batches of oysters collected at different locations have been analyzed. Qualitatively, the present investigation shows that oys- ters, like barnacles, are able to take up polycyclic aromatic hydrocarbon from polluted surroundings. z40 280 320 360 WAVE LENGTH(,,O) Figure 7. Absorption- spectrsm of benz[k]fluoranthene - Concentration. 3.2 ~y per ml. Solvent. Iso-octane 2-Cm. cells LITERATURE CITED (1) Cahnmann, H. J., ANAL. Cams. 27, 1235 (1955). (2) Ibid.,29,1307(1957). (3) Cahnmann, H. J., J~ Org. Chem. 21, 1412 (1956). (4) Cahnmann H. J., unpublished data. (5) Chhrlet, ~. H., Lanneau, K. P., Johnson, F. B., ANAL. Cuasm. 26, 861 (1954). (6) Cooper, R. L., Analyst 79, 573 (1954). (7) Friedel, R. A., Orchin, M., "Ultra- violet S~eetra of Aromatic Com- pounds,' Wiley New York 1951. - (8) Jones J. H., Clarjc, G. it., l1~arrow, L. ~., .1. Asssc. Offic. Agr. Chesnists 34, 135 149 (1951). (9) Koe, B. k. Ph.D. thesis, California Institute of Technology, Pasadena, Calif., 1951. (ib) Koe, B. K., Zeehmeister, L., Arch. Biocheen. and Biophys. 41, 396 (1952). (11) Kotin, P., Folk, H. L., Mader, P. Thomas, M., Arch. md. Hyg. an~ Occupational Med. 9, 153 (1954). (12) Kotin, P., Folk, H. L., Thomas, H., Cancer 9,905(1950). (13) LeRosen, A. L., Ian. ENO. Cams., ANAL. En. 14, 165 (1942). (14) Miller, J. A., Baumann, C. A., C'ancer Research 3, 217 (1943). (15) Muller, P. B., Helv. Chisn. Ada 26, 1945 (1943). (16) Shimkin, H. B., Koe, B. K., Zech- meister, L., Science 113, 650 (1951). (17) Zechmneister, L., Hoe, B. K., Arch. Biocheen. and Biophys. 35, 1 (1952). Rsmcezvon for review October 17, 1956. Accepted April 11, 1957. PAGENO="0198" Introdbction Hydrocarbons are universal components of the marine environment. Synthesis by marine organisms results in a surprising variet)~ of hydrocarbons (BLUMER et a!., 1963, 1964; BLUMMR and THOMAS, 1965a, b; BLUMER, 1967; BLUMER et al., 1969) that spread through the environment because of their relatively great stability in the food chain and their resistance to degradation in seawater and in marine sediments (BLUMER and SNYDER, 196~; BLUMER, 1969a). Hydro- carbons from pollution by lbssil fuels and oil products are being found in increasing amounts; it has been estimated that at least 1 million metric tons of oil and oil products are released annually into the ocean, mostly in shipping lanes and in biologically productive coastal regions (BLUMER, 1969a,b,c). Hydrocarbons in fossil fuels and pollution differ from the natural, bio. genie hydrocarbons in organisms. They are more toxic, mostly because of the higher content in aromatic hydro- carbons, and are less readily degraded by bacteria. The persistence of oil slicks on the high seas and the stability of biogenic hydrocarbons in the food chain have suggested that pollutants might remain in the ocean for long time periods. A possible incorporation * Contribution No. 2444 of the Woods Hole Oceanographic Institution. 25' of dispersed fossil fuels into the food chain might eventually contaminate food products derived from the sea. An opportunity to test these assumptions came with a recent oil spill near Woods Hole, Massachusetts. On September 16, 1969, the barge "Florida", trans. porting 14,000 barrels (2,220,000 1) of No. 2 diesel fuel oil' (aromatic hydrocarbon content 41%) came ashore off Fasset's Point, West Falmouth, in Buzzards Bay, and released an estimated 650,000 to 700,0001 fuel oil along the shores of West and North Faimouth, Mas- sachusetts (HAMPSON and SAIODER5, 1969). A strong SW gale carried much of the oiltowards West Falmouth Harbor and Wild Harbor. Both Harbors were closed off by floating booms. After 2 to 3 days, the wind shifted to NE and the remaining oil slick moved out of the Buzzards Bay Area. Detergents were applied in limited areas for a short time. After the spifi, a drastic kill of fish, worms, crustaceans and molluscs was notic- ed almost immediately, before detergents had been applied. It extended into the inshore areas upstream from the floating booms. Oil was incorporated into the sediments to at least 10 m of water depth, probably because of the intense mixing of oil and water by the gale force winds. Studies were initiated by biologists at this Institution and at the Marine Biological Labora- tory, Woods Hole, to assess the immediate damage. Investigations will be extended over at least 1 year in order to study the effect of the spill on the faunas and to determine the fate of the oil in the organisms and sediments. Some of the productive shellfish beds upstream from the affected areas had remained viable; however, they were closed to the taking of oysters and scallops because of possible contamination. On September 25, 1969, taste tests suggested that shellfish could be taken safely and the areas were reopened. However, com- mercialexploitation yielded scallops with objectionable "oily" taste; this led again to a closing of the shellfish areas on September 27,'1969. At that time a joint effort `Personal communication, F. M. WONG, Federal Water Pollution Control Administration, New England Basis Office, Needham Heights, Massachusetts. 1516 Off print /rom "Marine Biology" International Journal on; Li/c as Oceans and Coastal Waters, Vol. 5, No. 3, MarcIe 1970, Pages 195-202 Springer-Verlag, Berlin. Heidelberg. Yew York Printed In Germany by Buchdruckerel Carl Rlttcr & Co., Wlcsbadcn Hydrocarbon pollution of edible sheiffish by an-oil spill* M. BLUMER', G. SouzA' and f. SAss' `Woods Hale Oceanographic Institution; Woods Hole, Massachusetts, USA and `Shellfish Warden, Town of Falmouth; Falmouth, Massachusetts, USA Absttact Asp111 of 650,000 to 700,0001 of No.2 fuel oil has contam- inated the coastal areas of Buzzards Bay, Massachusetts (USA). Gas chromatography deMonstrates the presence of this oil in the sediments of the affected area. Two months after the accident, essentially unchangeckoil is still being released from the sediments, The presence of the same pollutant is demon. strated in whole oysters Crassostrea virginica and in the ad. ductor muscle of the scallop Aeejuipecton irradicens. A presum- ably biochemical modification leads to a gradual depletion of the straight chain and, to a lesser extent, of branched chain hydrocarbons. This does not issult in detoxification, as the moretoxicaromatichydrocarbo)usareretainedin theorganisms several months after the accideut. Scallops from an uncontam- inated area contain hydrocarbons in lesser amounts and of very different molecular weightand type distribution; they are accountable entirely from biological sources. PAGENO="0199" 1517 H. BLcTMER at al: Hydrocarbon pollution of shellfish Mar. fuel. between the Town of Falniouth and this laboratory was initiated to determine the possible pollution of oysters and scallops by this accident and to advise on further closing or reopening of the shellfish areas. Scallops Aequipecten irradian.o were collected in West Falmouth Harbor on November 4 and oysters Cres8Ostre.a virginica in Wild Harbor ~liver on Novem- ber 12 (Figs. I and 2). For comparison, uncontaminated scallops were collected on the same date from Waquoit Bay on the South Shore of Cape Cod, Massachusetts. Experimental methods Extraction Immediately after collection, the animals were taken to the laboratory. They were shucked as for commercial use, but care was taken to avoid contam. ination. The whole oysters, excluding the shell but including any liquid, and the scallops (the adductor muscles of Aequipecten) were weighed and transferred to paper thimbles that had been Soxhlet-extracted for 24 h with redistiled methanol. The sampleswere extracted with refluxing methanol for a total of ~O h. This was interrupted by 3 soaking periods, 35 h in total, during which the specimens remained in the methanol.fllled thimbles at room tern. perature. Methanol in the receiving flasks was changed once to minimize foaming and bumping. The extracts were combined and solids were re- moved by centrifugation; these solids were then ex- tracted by vigorous stirring with pentane, followed by centrifugation. The extraction was repeated 3 times. The original extracts, freed from solids, were extracted in separatory funnels with 4 batches of pentane. These pentane extracts and those from the solids were corn. bined, washed with water to remove the remaining methanol, dried with extracted sodium sulfate, and concentrated on a rotary evaporator below room tern. perature. The vacuum was removed immediately when 196 Fig. t Fig. 2 Fig. 1. Southwestern Cape Cod, Massachusetts (USA). Uncontaminated oysters Orassostrea virginia were taken at sites I and 2 in Waquoit Bay. For site of accident and contaminated samples see detail, Fig. 2 Fig. 2. Site of accident (X). Samples taken at Wild Harbor. S sediment; 0 oysters Cracsoatrca virginica. Scallop (Aequipectca irradian.c) samples from West Falniouth Harbor (1-4) PAGENO="0200" 1518 Vol. 3, No. 3, 1970 H. BLUMEiO et aL: Hydrocarbon pollution of shellfish 197 a drop in pressure indicated that the pentane had been G1a,s chromatography removed. The equipment consisted of a Varian Aerograph All solvents used were analytical grade and were 600 D gas chromatograph with linear temperature rechstilled in all glass stills through packed columns programmer 1 my recorder and automatic attenuator Columns were 10 ft., 1/8" o.d. packed with 2.2% Cisromat ra h Apiezon L on Ch.romosorb W, 70 to 80 mesh, acid p p washed, sfficonized. For injection, the column was Samples were chromatographed from a minimum cooled below 100 00; after elution of the CS2 the oven volume of pentane on a column, packed in pentane, temperature was programmed from 100° to 30000 at consisting of 3 parts of silica gel (Davison, grade 922, 6 0°/mm. Duplicate analyses were run, alone and after through 200 mesh, activated at 120 0 and then do. the addition of an internal standard containing the activated with 5% water, by weight) and 2 parts of n.paraffins from decane to eicosane. alumina (Harshaw, 0102.P activated at 25000 and then deactivated with 5% water). The silica gel was packed first as an even layer and the alumina was Discussion of chromatogranis packed over it as a separate top layer. The dual column The gas chromatogram (Fig. 3 A) of the No.2 fuel gives better retention of higher molecular weight polar oil involved in the accident shows the presence of materials than silica gel, a*d better resolution of the normal paraffins approximately from decane (C~~II~~) hydrocarbons from nonhy~lrocarbons than alumina to ~ (0~H~), with a maximum in the ~ to alone. Deactivation of the column with water prevents (J~ range. The estimated boiling range of the oil is the formation of hydrocarbon artefacts from biogemo 170° to 370 °C, with the largest fraction distilling be- nonhydrocarbons, e.g. the formation of phytadienes tween 200° and 300 °C. In addition to the straight from phytol (JomcsToNz and Qimic, 1963; Bnunzie and Thosi&s, 1965b). The, column dimensions were chosen for a minimum adsotbent to sample ratio of 50. The columns were eluted with 4 column volumes of n ~The suitability of the Chromatographic technique A T T ~ for the analysis of No. 2 fu~l oil was checked; a sample of the oil involved in the accident at West Falmouth 2 ~ 16 15 was chromatographed andgave a recovery of 98.7 ± 20 22 1%. Analysis for other, heavier, oils might require a technique modified for the elution of the higher molec. ular weight and more pol* components by mixtures B of pentane with benzene. The sediment extracts contained elemental sulfur 12 16 15 20 ii in addition to the hydrocarbons, this was removed on a column of precipitated copper (BLUStER 1957) The chromatographic eluates were dried and taken up in a C known quantity of carbon disulfide A small ahquot ~ was evaporated on an aluminum pan and weighed on 12 14 16 18 a Calm Gram Electrobal4nce The remamder of the CS~ solution was used fo~ gas chromatography The D hydrocarbon composition *f the No 2 fuel oil involved in the accident was analyzed by column chromatog. raphy The oil (800 mg) was charged to a column of activated silica gel (15 ml) in pentane and eluted with pentane (15 ml, 15 ml, 30~ml), and with pentane con. taming 10 30 and 50% h+nzene (30 ml 30 ml 50 ml) The 6 fractions were freed from solvent weighed and analyzed by UV speolltophotometry in pentane. Fraction I was saturated end accounted for 58% of the total oil Fraction 2 (0 8%~~as mixed saturated and ~ 22 aromatic, while the rem ` g fractions (41%) were fully aromatic and increaSed m aromatic ring numbers FIg3 Gas ohromatograma (A) No 2 fuel oil (B) sediments from benzenes infractionS to naphthalenes m 4 and ~m~l2aftnd(recoverd phenantisrenes m 5 The weight of fraotion 6 was (I)) 2 cycle outboard motor oil (E) SAE No 10 Lubricating negligible. oil. T marks position of Isoprenoid alkanee PAGENO="0201" i98 chain alkanes, several other homologous series are evident Next in intensity are peaks winch we assign to the isoprenoid alkanes from C13H25 to C15H40 (pris. tane). Higher homologues, especially phytane and the Cli equivalent, may be present but are not resolved by this column from the 0n and 0is straight chain alkanes. Minor and only partly resolved peaks represent other branched or cyclic alkanes. In addition, a broad un- resolved background from cycloparaffins and aromatics is present: this is typical for chromatograms of crude oil or crude oil distillates that are analyzed on a column of relatively low efficiency. Sediments in Wild Harbor Basin (Fig. 2) (water depth 10 ft. 3.3 m) were sampled 12 days after the accident. The chromatogram of the total hydrocarbon fraction is reproduced in Fig. 3 B. The similarity with the chromatogram of No. 2 fuel oil is striking. The carbon number range, boiling point distribution, and relative contribution of different isomers is nearly identical. The major difference is a general decrease of the lower molecular weight hydrocarbons in the oil recovered from the sediment; these hydrocarbons are more readily soluble and should be depleted in an oil that has been in contact with seawater for an appreci- able length of time. Conversely, these hydrocarbons are the most immediately toxic fraction of the oil, and their dissolution may be responsible, in part, for the lethal effect of the oil on the faunas. We also notice a rather striking reduction in the ratios of the lower boiling normal alkanes to the branched alkanes. For instance, the ratio of n.tetradecane to 2,6,10.trime- thyldodecane (retention index 1358) has decreased from 2.7 to 2.0, and similar changes are evident throughout the C~ to 017 range. Tins may reflect pre- ferred bacterial attack upon the straight chain paraffins (MoKzmeA and KALU0, 1964) rather than solubiliza. tion. The normal alkanes are good growth substrates for specialized bacteria, but they are less water-soluble than the branched isomers. Oil continued to be released from the sediments for a long time after the accident. Water with a patchy oil film was sampled in Wild Harbor Basin on Novem- ber 21, 1969, more than 2 months after the spill. The chromatogram of the extracted oil (Fig. 8 0) shows a pattern very similar to Fig. 3 A and B. The carbon number range extends from C~ to 022, and the peaks of normal and branched alkanes are superimposed over a broad background of unresolved hydrocarbons. The lower boiling hydrocarbons are further, but not dras- tically, depleted; little additional change in the ratio of normal to isoprenoid alkanes is noticed. This sug. gests that the principal alteration may well have taken place immediately after the accident and before the oil became incorporated into the sediment. Other possible hydrocarbon pollutants of this area were analyzed. A two-cycle outboard motor oil (FIg. 8 D) has a much lower boiling range, while auto- motive (SAE No. 10) lubricating oil (Fig. 3 E) contains Mar. Biot. only traces of hydrocarbons boiling below n-eicosane. Lubricating oils are dewaxed in processing; conse- quently they do not show the predominance of the straight chain hydrocarbons that we find in some, but not all, crude oils and in their straight run distillates Because of the complexity of branched, cyclic and aromatic isomers and homologues present, the low resolution gas chromatogram of the lubricating oil presents a featureless broad envelope. Floating oil particles and tar balls are now en- countered on all oceans (HoRN et al, 1969; Nosirnnc and CitAunooK, 1968) and may be another source of inshore pollution. In most cases they result from crude oil spills rather than from losses of refinery products, and have a much wider molecular weight distribution. For comparison, a typical tar ball (from the Mediter- ranean) was subjected to our analytical procedure; the chromatogram (Fig. 4 A) shows a wide carbon number distribution from 012 to beyond 031, typical for a full range crude oil. The hydrocarbons from oysters taken in Wild Harbor River on November 12, 1969, (Fig. 4 B) 2 months after the accident, extend from % to about 023 and show the same general features as the No. 2 fuel oil and the oil recovered from the sediments. Normal and branched paraffin peaks are superimposed over a broad and unresolved background. Especially impressive is the close agreement in the region of the chromatogram above n.heptadecane. Below that we note a further decrease in relative peak heights and an additional shift in the ratios of normal to isoprenoid alkanes. The ratio of n.tetradecane to 2,6, 10-trime- thyldodecane is now close to unity. The progressive alteration, in the same direction as that already ob- served in the oil from the sediments, is not unexpected though the extent of change is remarkable. Compared to the oil within the sediments, which is protected from further solubilization, the oil now in the shellfish may have been exposed to the seawater for a much longer time, for instance on top of the sediments, in the water column, or in the shellfish itself. The greater relative height of the unresolved back- ground in Fig. 4 B suggests a greater resistance of the more toxic cyclic-aromatic fraction. The gas chromatograms of all scallops taken in West Falmouth Harbor on November 13, 1969, are nearly identical; typical is the chromatogram in Fig. 40. The carbon number range again extends from just below 018 to somewhat above ~ The progressive alteration already evident in the oil incorporated into the sediments and into the oysters has gone much farther here; the steep slope of the chromatogram below pentadecane suggests increased dissolution of the lower molecular weight hydrocarbons. Straight chain hydrocarbons have disappeared almost com- pletely, and are now minor components relative to the isoprenoid alkanes. Even these have decreased in con- centration relative to the unresolved background of the 1519 M. BLUMEie et al: Hydrocarbon pollution of shellfish PAGENO="0202" 1520 Vol. 5, No. 3, 1970 M. BLUStER et al: Hydrocarbon pollution of shellfish 199 CJJJL1U&JJ~U~'P/~~ 16 20 25 12 T 22 ~~6182~~ D~ ~ 16 17 18 2012 21 Fig. 4. Gas chromatograni~. (A) tar balls, n-hexadecans added as standard; (B) oysters Crasoootrea visginica, Wild Harbor River; (C) scallops Aiqsdlpcctea irradkcns, West Falmouth Harbor; (B) oysters, Waquoit Bay; (B) Rhizoseleeia eetigera. Chromatograms 4A, 4D-ll at different column lengths or program rates. T marks position of isoprenoid alkanes. Note: To demonstrate the presenceof natural hydrocarbons in uncontaminated scallops (B) a much larger sample had to be chro. matographed (see Table 1) cyclic hydrocarbons. Id spite of the alteration there is 1967); in fact Rhizoseienie setigere (Fig. 4 E), a winter no doubt that the scallops are contaminated by fuel diatom in this area, has a hydrocarbon distribution oil; this is evident frood the boiling point distribution, which strongly resembles that of the scallops from from the correlation with the branched alkanes in the Waquoit Bay. The presence of olefinic hydrocarbons, fuel oil, and from a comparison with hydrocarbon con. of strongly predominant C17 and 0m n.alkanes, the centrations and type distributions in scallops from absence of isoprenoids outside the ~ - C~ range, and another, unpolluted area. the lack of an unresolved envelope from cyclic saturates Scallops from Waquoit Bay (Fig. 4 D) show a very and aromatics is a clear indicator of biological origin different hydrocarbon distribution. Normal alkanes are and of the absence of pollution in the scallops from present only in small amounts, except for normal Waquoit. The contamination of the scallops from West heptadecane and norxttal heneicosane. The high peak Falmouth, on the other hand, isevident and has com- at retention index 2020 is an ~.heneicosahexaene. This pletely obscured the natural hydrocarbon pattern cx- olefin and the 0m and 0m n-alkanes are abundant in cept for a possible slight evidence for n.heptadecane many species of marine algae (CLAJuL and Bnuocsm, and the ~ hexaolefin. PAGENO="0203" 1521 H. BrUISER et al: Hydrocarbon pollution of shellfish Mar. Biol. The hydrocarbon content of the animal specimens was determined gravimetrically (Table 1); the same table also lists the corresponding wet weight aliquot needed to give the chromatograms in Fig. 4 B, C, fl; these were run at the same instrument sensitivity and are therefore directly comparable. It would be difficult to establish the presence of hydrocarbon pollution from the weight data alone, especially in the case of the scallops; the gas chromatograms, on the other hand, tell a conclusive story. The apparent discrepancy may come from the presence in the weighed fraction of higher boiling hydrocarbons, or of nonhydrocarbons which are not chromatographically evident. In either case, gravimetric determination of pollutants in con- taminated animal species is unselective and looses its power as the contamination level approaches the natu- ral background level. A selective analytical technique, like gas chromatography, can still detect the presence of contaminants at or below the background level and should therefore be much preferred. Conclusions Hydrocarbons are much more universally distrib- uted throughout nature than was realized a few years ago. They are synthesized by most, if not all, living organisms and, because of their relatively great stabil- ity, they may spread from their sources through the environment, in the food web, in the water masses or on the surface of particulate matter. This poses a serious problem in tracing hydrocarbon pollution through the environment since pollutants are always accompanied by natural hydrocarbons. However, a distinction is possible through careful analysis of the characteristic differences between hydrocarbons from organisms and from oil pollution, both in molecular size and in typo distribution. Crude oil and oil products are wide range mixtures, that contain molecules of different size in fairly even distribution; organisms on the other hand possess specific biosynthetic pathways which favor the production of hydrocarbons in pre. ferrcd size ranges. Thus, the Caksnid copepods contain almost exclusively hydrocarbons with 19 carbon atoms arranged in a branched chain; many algae contain very high concentrations of n.pentadecane, n-heptadecane and other normal paraffins in the virtual absence of the other straight chain hydrocarbons which are abundant in fossil fuels. Other differences exist in the molecular type distri- bution: oil and oil products are rich in the toxic aromatic hydrocarbons and in cycloparaffins; they also contain isoprenoid hydrocarbons ranging from about C11 to 022 and beyond. Oil pollution - except from certain cracking products - is devoid of the olefins which are so abundant in most organisms. In contrast to oil products, organisms are limited in their iso- prenoid hydrocarbon content to compounds containing 19 and 20 C atoms. It is evident that a distinction between pollutants and natural hydrocarbons at low concentration levels is not made easily by analytical techniques that rely only on the properties of hydrocarbon mixtures, such as the weight of a fraction, its fluorescence or absorption in the ultraviolet, visible, or infrared region of the spectrum. Gas chromatography separates a hydrocarbon mixture into individual components ac- cording to their boiling point and their structural type; therefore, it can provide a much more meaningful distinction between fossil fuels and recent biogenic hydrocarbons. The gas chromatograpbic techniques used in this study establish the identity of the hydrocarbons in the shellfish with No. 2 fuel oil with a relatively low effort. Considerable sophistication of the techniques is possible in more demanding cases, at greater cost in time and equipment, through the use of more efficient columns and of multi-column techniques, possibly followed by mass spectral identification of critical components. Our previous work had established the refractory nature of biogenio hydrocarbons in the marine food web. It had then been suggested that hydrocarbons from oij pollution might be incorporated into marine 200 Table 1. Hydrocarbon content o/ 8cailops Aeqrsipecten irradiana and oysters Crassostrea virginica Number of sample Location and species Number of individuals Wet weight (g) Hydrocarbon content (mg/100 g wet weight) Aliquot used for chromatograms 4B-4D I scallop West Falmouth Harbor 10 37 not determined 2 scallop West Falmouth Harbor II 39 1.4 0.31 3 scallop West Falmouth Harbor 10 60 ii 4 scallop West Falmouth Harbor 10 60 0.74 5 scallop Waquoit Bay 11 91 0.55 5.2 6 scallop Waquoit Bay 12 38 0.23 7 oyster Wild Harbor River 7 110 8.9 0.07 PAGENO="0204" 1522 Vol. 5, No. 3, 1970 M. BLIThIBR et al: Hydrocarbon pollution of shellfish organisms where theywouidpersist ma siniilarmanner. Summary This work now demonstrates that oil pollutants can be incorporated into marine organisms which are harvest. 1. An oil spill (650,000 to 700,0001 of No. 2 fuel oil) ed for human consumption. It is especially interesting has contaminated the coastal waters of Buzzards Bay, to find the oil derived from this spifi not only in the Massachusetts, USA. The presence of the oil in the whole organism of the ojrsters, but also incorporated sediments is demonstrated by gas chromatography. into the adductor muscle of the scallops. Thus, what 2. Essentially unchanged oil is stifi being released we found earlier for the biogenic hydrocarbons is re- from the sediments 2 months after the accident. alized also for hydrocarbons from pollution: hydro. 3. The same oil pollutant is present in whole in. carbons ingested by marine organisms become part of dividuals of Cs-cesostrec visginice and adductor muscles. their lipid pool and are not necessarily concentrated in of Aequipecteu irradians. a specific organ. Together with the high resistance of 4. A presumably biochemical modification leads to hydrocarbons towards metabolism, this may have the a gradual depletion of the straight chain and, to a serious consequence that oil pollution is not readily lesser extent, of branched chain hydrocarbons. This lost from a contaminated organism after removal of does not, however, lead to detoxification, since the the source of pollution, It has been an accepted and more toxic aromatic hydrocarbons are retained in the effective practice to transfer shellfish contaminated by scallop several months after the accident. certain toxins and pathogens to clean water for detoxi ~ Uncontaminated Aequopectcn srradsans contain fication There is a high probability that tIns will not hydrocarbons in lesser amounts and of very different be effective for the ehnunation of hydrocarbon pol. molecular weight and type distribution than contam. lutants. . . . inated individuals. Anothercriticalfindingisthepersistenceof essential. ly unaltered fuel oil in ~he sediments 2 months after the spill. We expect that the continued presence of this oil will substantially delay the repopulation of the affected area; in addition, the gradual release of the oil with its high content of strongly toxic aromatic hydro- carbons from the sedimehts into the water column may pollute the water and the shellfish long after the actual accident. The extent of modification of the oil in the sedi. ments and in the organisms poses interesting questions for further research. Aside from modification caused by solubifity effects, the change in oil composition in the sediments after 2 months is small'. We would have expected to see a large4 extent of biological, e.g. ban. terial, modification, resulting in the disappearance of the straight chain hydr4carbons. Did the modification proceed at the normal tate for this environment and this time of the year, or was it delayed because the bacterial flora has been adversely affected by the spill? On the other hand, alteration of the hydrocarbon com- position in the oysters~and especially in the scallops has been considerablej The mechanisms that bring about these changes aCe not understood; they might operate in the water ccdumn, in the planktonic organ. isms upon which the shellfish feed, or in the oysters and scallops themselves. however, the alteration of the hydrocarbons observecFin the shellfish is not favorable to an eventual detoxidcation; the least toxic hydro. carbons disappear while the more toxic cyclic hydro- carbons are retained. The continuing study of the long term effect of this oil spill on the ecology of the coastal regions of West Falmouth will attempt to answer many of these re- maining questions. `Four months after the accident the hydrocarbon concen- tration in ths sediments rSmains unchanged. 26 MarIne Biology, Vol. 5 201 4cknowlcdgcmcnte. This wdrkwas supported by the Federal Water Pollution Control Administration (Contract No. 18050 EBN), by the National Science Foundation (GA.1625), and by ONR (N 0014-66 Contract Co.241). H. L. Sazosas and 0. R. Hsori'soN have contributed samples and verbal communica- tions from their sampling program, R. H. BACKU5 has provided the tar sample from the Mediterranean. Literature cited BLUMER, M.: Removal of elemental sulfur from hydrocarbon fractions. Analyt. Chem. 29, 1039-1041 (1957). - Hydrocarbons in digestive tract and liver of a basking shark. Science, N.Y. 156, 390-391 (1967). - Dissolved organic compounds in sea water. In: Symposium on organic matter in natural waters, University of Alaska Press., 1969a. (In press). - Oil pollution of the ocean. In: Oil on the sea, pp 5-13 Ed. by D. P. HOULT. New York, Plenum Press 1969b. - Oil pollution of the ocean. Oceanus 15 (2), 2-7 (1969c). -, J. Goimoor, 7. C. ROBERTSON and I. SASS: Phytol derived C,, di- and triolefinic hydrocarbons in marine zooplankton and fishes. Biochemistry, N.Y. 8, 4O67-~4074 (1969). -, M. H. MULLrN and B. W. ThOMAS: Pristane in zooplankton. Science, N.Y. 140, 974 (1963). - - - Pristane in the marine environment. Helgolitnder wise. Meeresunters. 10, 187-201 (1964). - and W. D. SNYDER: Isoprenoid hydrocarbons in recent sediments: presence of pristane and probable absence of phytane. Science, N.Y. 150, 1588-1589 (1965). - and B. W. TicoMAs: Phytadienes in zooplankton. Science, N.Y. 147, 1148-1149 (1965a). - - "Zamene", isomeric C,, monoolefins from marine zoo- plankton, fishes and mammals, Science, N.Y. 148, 370-371 (1965b). Cz.&in, R. C. and H. BLUMER: Distribution on n-paraffini in marine organisms and sediments. LimnoL Oceanogr. 12, 79-87 (1967). H.eMPsoN, 0. R. and H. L. SANDERS: Local oil spilL Oceanus 15 (2), 8-10 (1969). PAGENO="0205" 1523 202 M. BLcmz~R et si.: Hydrocarbon pollution of shellfish Mar. B~ol. Hoicic, H., J. H. TzAr~ and R. H. BAticus: Petroleum lumps on Nossocuc, V. E. and~T. H. CRA0000K: Event information report the surface of the sea. (1969). (Unpublished manuscript). (No. 00-68), 17 December 1968. Washington, D C.: JOicNSTONE, R. A. W. and P. H. QuAlt: The phytadienes and Smithsonian Institution 1968. norphytene, and their relation to some components of cigarette smoke. J. chem. Soc. 5706-5713 (1963). MoKmczcA, E. J. and R. H. K.Ax.uo: Hydrocarbon structure: First author's address: Dr. H. BLuMsa its effect on bacterial utilization of alkanes. In: Principles Department of Chemistry and applications in aquatic microbiology. pp 1-14. Ed. WoodsHoleOceanographiclnstitution by H. HEUKELEICIAN and N. C. DONDERO. New York: Woods Hole Wiey& Sons 1964. Massachusetts 02543, USA Date of final manuscript acceptance: January 16, 1970. Communicated by G. L. Voss, Miami PAGENO="0206" 1524 FAO TECHNICAL CONFERENCE ON MARINE POLLUTION AND ITS EFFECTS ON LIVING RESOURCES AND FISHING, ROME, ITALY-DECEMBER 9-18, 1970 NATURE AND EFFECTS OF A KEROSENE-LIKE TAINT IN MULLET (MUGIL CEPHALUS) BY G S SIDHTJ G L VALE J SHIPTON AND K E MURRAY CSIRO DIVISION OF FOOD PRESERVATION, RYDE, NEW SOUTH WALES, AUSTRALIA 1 INTRODUCTION In Australia about 12 million by of mullet, mostly Mugil cephalus or sea mullet, are caught annually Of the total wet fish sold in Brisbane mullet comprises 47% most is caught off the coast of northern New South Wales (N.S.W.) and south- ern Queensland. Immature mullet feeds on detritus, small crustaceans, algae and plankton in costal estuaries. When mature, the fish form schools and migrate northwards to warmer water to spawn. Two types of taints described as earthy and Kerosene occur in mullet caught in the Au$trahan waters Earthy taint in mullet and other fish has beep on record for a number of years (Thaysen, 1936; and Kesteven, 1942) and is thought to be produced by an odiferous speices of Actinomyces (Morris et at., 1963; Gerber and Lechevalier, 1965; and Dougherty et at., 1966. Organoleptic examination of "earthy" and "kerosene" tainted mullet shows that the two taints are different. During the last few years the occurrence of "kerosene" taint in mullet taken from the Moreton Bay area and the Brisbanes River, Queensland, has been serious enough to affect adversely commercial use of the resource and to warrant investigation of the cause. The taint has also been found in mullet and other species of fish caught in Oorio Bay Geelong Victoria some areas of Sydney Harbour and adjoining rivers estuaries, Botany Bay, N.S.W., and Cock- burn Sound, Western Australia. In each of these areas there are oil refineries and some of the following installations: docks, sewage outlets and heavy industry. A taint described as "petroleum odour" in chum salmon (Oncorliynchns keta) from Pacific waters (Motochiro 1963) gunpowder or blackberry in cod (Gadmns morhna4) from the Labrador coast, Canada, is reported to be caused by the thermal decomposition of dimethyl-B-propiothetin (DMPT) to dimethyl sulphide (DMS), (Sipos and Ackman, 1964; Ackman et at., 1966 and 1967). This paper desdribes investigations carried out during the last three years on the nature of "kerosene" taint and its effects on mullet. 2. EXPERIMENTAL 2.1 MULLET SAMPLES Samples of mullet were supplied by The Fish Board, Queensland, either as whole frozen fish or frozen fillets. Tainted fish were caught off Luggage Point in the Brisbane River. It was known from previous experience that mullet caught from this area are usually tainted. Control samples, free from taint, came from the Board's normal supplies of fish derived mainly from the northern waters of New South Wales. All samples were tested organoleptically at the Board's premises. In addition some samples of tainted mullet were obtained from the Lane Cove River which flows into Sydney Harbour and live untainted mullet for laboratory investigations were obtained from Patonga Creek about 60 mi north of Sydney. 2 2 ORGANOLEPTIC TESTS A panel of at least three persons examined the samples for physical appear. ance, odour and* taste. The presence or absence of "kerosene" taint was deter- mined by testing the raw fish flesh and if necessary cooked fillets 2 3 ANALYTICAL PROCEDURES The samples were analysed for DMPT, total lipid, lipid fatty acid composition and liver glycogen by methods already described (Vale et at., 1970). Lipids were fractionated into different classes by the method of Carroll (1961) Methods de scribed by Shipton et at. (1969 and 1970) were used for the extraction and con- centration of volatile constituents from fish fillets. Twenty-five kg of tainted mullet fillets yieWed 2.7 ml of volatile oil as compared to 10~ul of a volatile con- centrate from the same quantity of untainted fillets The oil was examined by PAGENO="0207" 1525 gas liquid chromatography (GLC), combined gas chromatography-mass spectro- metry and infra-red and proton magnetic resonance speetrometry as described by Shlpton et al. (1970). 2.4 MICROSCOPIC EXAMINATION Pieces of tissue, approximately 1 mm3, were excised from the livers of three tainted fish and two untainted fish, After fixing with glutaraldehyde and staining with 1% uranylacetate ,th epieces were embedded in "Araldite" epoxy resin (CIBA Ltd., Basle, Switzerland). Sections were cut, stained with lead and ex- amined under a Siemens "Elmiskop 1" electron microscope. 2.5 RADIOTRACER STUDIES Live mullet kept in sea water at 15° in a vivarium for 2 weeks were divided into three lots. Each lot was held for 6 days in three separate 135 1 tanks, the first containing sea water, the second sea water with 4 ppm "Tween-60" (Chemi- cal Materials Ltd., Glebe, N.S.W.), and the third sea water with 7.5 ppm com- mercial kerosene and 4 ppm "Tween-60". Half of the solution in each tank was replaced with a fresh lot of similar solution every 2 days. The fish were offered brine shrimp (Artemia saUna) and a synthetic diet prepared according to Kelley et al. (1958) but the fish rejected both diets. After the experimental period, the fish were killed and their livers were removed. Each liver was sliced and 0.26±0.01 g of the slices were placed in each of four flasks together with 1.9 ml frog Ringer solution (Dawson et al., 1959) containing 70 mg/100 ml glucose, 5 ~Ci/0.33 mg glucose-C14(U) in 0.1 ml, and 4 ~Cl/12 ~moie sodium acetate 1-C34 in 0.1 ml. Each flask was flushed with oxygen, stoppered and incubated for 1 h at 30°. After incubation, slices from duplicate flasks were digested in 30% KOH, the glyctgen was isolated (Good et al., 1936) and counted in a Packard Tricarb Liquid Scintillation Spectrometer Model 3003, using diotol as a scintil- lator. The lipid fatty acids from the slices in the remaining duplicate flasks were extracted with ether after saponification with alcoholic KOH and acidifica- tion. Fatty acid methyl esters were prepared using the method of Metcalfe and Schmitz (1961) and separated into saturated and unsaturated groups by column chromatography using acid-treated "Florisil" impregated with silver nitrate (Wiliner, 1965), and the radioactivity of each group determined. 3. RESULTS AND DISCUSSION 3.1 PHYSICAL EXAMINATION AND ORGANOLEPTIC TESTS It was not pqssible to distinguish between the tainted and untainted whole mullet by appearance or smell. Fillets from the tainted fish lacked the distinct fresh "seaweedy" odour of the untainted fillets and those from the heavily tainted fish showed some breakdown of muscle tissue or gaping. The stomach contents of the tainted fish showed no visible difference from those of the un- tainted fish and there was no evidence of the condition known as "blackberry" or "gunpowder". The taint became faintly apparent when the fillets were minced. When raw or cooked flesh was placed on the tongue and chewed, it gave an im- mediate and persistent impression of keiosene. Cooking made the taint more obvious but was found necessary only with very slightly tainted fish. The dark meat and the fatty layers had a stronger taint than the white meat. The livers from the tainted fish were lighter in colour, larger, more friable and showed evidence of fatty infiltration. 3.2 CHEMICAL ANALYSES Thin layer chromatography of extracts of bases from both the flesh of tainted and untainted mullet indicated the presence of DMPT. Quantitative estimation by GLC revealed that the levels of DMPT present (2 to 5 ppm) in the fillets from both the tainted and untainted fish were below those required to produce "petroleum" taint (Ackman et at., 1966). These observations showed that the thermal breakdown of DMPT was unlikely to be responsible for the taint in mullet. PAGENO="0208" 1526 8olvent extraotion of the lipids from fillets with hexane or methanolio chloroform also removed the taint as detected by tasting the residue During lipid fractionation, the taint was eluted with the hydrocarbon fraction1 the neutral and phospholipid fractions being al- most free from the taint. Livers and fillets from tainted and untainted ti ~ caught over a period of 2~ years, were analysed for total lipid, and livers were analysed for glycogen content The data are set out in Table I The considerable variations observed in lipid content of these tissues from one mullet to another were presumably due to variations in season, sex1 stage of matur- ity and environment. Nevertheless, the lipid content of fillets and liver from the tainted fish was such higher than those from the untainted fish. This indicated fatty infiltration of fish in the tainted fish. This was confirmed, by electron and optical microscopic examina- tion which revealed large deposits of free fat in the cells of liver from the tainted mullet as compared with those from the untainted control. In 1969, but not in 1970, livers from the tainted fish bad a higher glycogen content than those from untainted fish Table I Lipid and glycogen oontent of mullet tissue 1. ~4p~,yercent wet tissue Tainted Untainted Liver 16.0 -,- 1.44 7.1 + 0.63 (Ilaf) (l7df) Difference between means significant at 1% level Fillets 90+044 45+044 (36df) (36df) Means significantly different at 0 1% level 2. G~y~g rng 100 wet liver Tear Tainted Untainted 1969 980±188 320+188 a'-? 1970 1630 + 204 2500 ± 204 u'-6 n'-6 Fatty acid composition of the liver and fillet lipids differed markedly between the tainted and untainted fish (Table Ii). There was a marked increase .in the proportion of 018 unsaturated fatty acids, mainly Ci8~i, and a corresponding decrease in C16 and C20 and PAGENO="0209" 015:0 1.3 + 0.13 2.5 9 0.53 n.e. 016:0 27.2 + 0.75 30.9 + 0.75 * 016*1 8.6+ó.6 10.9+0.61 * 017:0 0.6 + 0.2 0.7 ± 0.2 n.e. 017:1 0.0±0.0 6.3+1.2 ***. C18:O 7.2 + 0.4 8.0 ± 0.4 n.e. c18.i 36.4 + 2.2 11.6 ± 0.83 018:2 6.4 ± 0.4 2.4 ± 0.4 *** 018:3 2.4+0.24 0.9+0.24 ~-: 020:1 0.6±0.24 0±0.24 n.e. 020:3 0.7+0.28 5.1+0.28 "** 020:4 0.4+0.13 0.4±0.13 n.e. C20s5 2.2 ± 0.56 6.9 ± 0.56 " 022:3 0.3±0.15 0.6±0.15 * n.e. 022:5 0.8 ± 0.43 . 4.9 + 0.98 022*6 1.5 ± 0,64 4.5 ± 1.64 n.e. In tainted eanpiec n' - 11 In entainted eanpiec n~ * .12 * Bignifioan$ at 5% level ** Significant at 1% level 0*0 Significant at 0.1% level 1527 Table II Fatty acid oompooition of lipid Fatty acid Tainted WT % Liver lipid Untainted WT % . . Big. of difference . Fatty acid * Fillet Tainted. UT % lipid Untainted UT % .. Big. of difference 014*0 2.8 ± 0.2 3.0 ± 0.2 `n.e. . 014*0 5.7 ± 0.~ 9.3 ± 0.5 0* 015*0 1.4±0.2 . 3.6 ±0,8 * 016*0. 23.2±1.2 3~'~± 1.2 016:1 *ii.8 ± 1~.4 21.2 ± 0.8 ** * 017*1 . Lf ± 0.2 3'3 ± 0.2 . *11* 018*0 5.1 ± 0.3 3.6 + 0.3 018*1 35.2± 5.0 5.9 ±0.7 *0* 018~2 3.9 ± 0.2 2.0 ± 0.2 0*91 018*3 .1.8 ± 0.3 0.9 ±0.1 * 020*1 1.7±0.4 0.7±0.1 n.e. 020:2 0.8 ± 0.3 1.0 ± 0.3 n.e. 020:3 1.1±0.3. 3.4±0.3 *** C20:5 3.7 ± 0.6 8.8 +0.6 * 022:5 &9±0.3 1.2 ±0.3 n.e. 022*6 1.9 ± 0.7 1,2 ± 0.5 n.i. In tainted and natainted eaaplee n' 13 77-463 0 - 72 - pt. 3 - 14 PAGENO="0210" 1528 Table IV Data from radiotracer experiment Control Tween-60" `Tween-60" + Kerosene Liver glycogen (mg/100 g) 2170 83~ 120 Label (014) incorporated into 31 3 7 3 0 2 glyoogen (lOSxci/min/g liver) Lipid content I Liver(%) 08 15 45 2 Fillete(%) 54 100 113 Label (014) incorporated into 2 1 3 5 5 5 fatty acids (10'Sxd/min/g Label in saturated fatty aoids 31 36 32 (%) Label in unsaturated fatty 69 64 68 acids (%) In actively feeding fish affected by petroleum hydrocarbons, fat accumulation in the liver does not seem to arise from the mobilization of depot fatty acids and their disposi- tion in liver as triglycerides, as has been observed in mammals exposed for short intervals to high concentrations of carbon tetrachioride, ethanol and some drugs Fat accumulation oculd, however, arise from a higher rate of lipid synthesis in the liver from dietary and endogenously synthesized fatty acids and other intermediates for lipid enythesis Rats fed ethanol over long periods (24 days) deposited fat in the liver mainly derived from dietary or endogenously synthesized fatty acids (Limber et ml , 1967) ethanol, carbon tetrachloride and etbionine have been reported (Isselbacher and Greenberger, 1964, Waling et ~ , 1963) to inhibit esterification of fatty acids to esters other than triglycerides E liver A similar mechanism which partially inhibits fat transport and increases fat syn- thesis in mullet liver could result in fatty infiltration of the type observed 3 4 Chemical nature of the volatile oil The volatile oil collected from the tainted siullet had a kerosene-like odour When the components of this oil were separated on a 60-ft Carbowax 20 N column and sniffed as they emerged, several had a kerosene-like odour and others had odours described as turpentine's "oily", "aromatic" and "napthalenic". Thus there was strong evidence that the taint may have been of petroleum origin When a sample of commercial kerosene was examined by GLC under identical conditions, components having comparable retention times were found to pos- sess odours similar to those from the volatile mullet oil Comparison of the chromatograms of the mullet oil and kerosene showed that,out of a total of 72 peaks, 59 were common and of these 18 were given odour descriptions appropriate to petroleum products The infra-red and ~1~IB spectra also showed a close compositional similarity of the mullet oil and kerosene PAGENO="0211" 1529 The gas chromatogram of the whole of the volatile material obtained from the untainted fish showed a similarity to that of the oil from the tainted fish. It is probable that some compounds were present in the untainted fish but at such a low concentration relative to the tainted fish (<1 $3000) that they were below the olfactory threshold. £ rigorous comparison of the volatile oil from the tainted fish and kerosene was made by seleoting six pairs of fractions (incorporating a major peek) having corresponding reten- tion times end odour descriptions. These fractions were analysed by combined gas chromato-. grapb~-mass speotrometry using a capillary colusu (500 ft x 0.030 in,silicone ovioi) which resolved many compounds from each fraotion. Odour descriptions and mass spectra of corres- ponding peaks were identical. Prom their mass spectra and retention times it was possible to unequivocally identify in both the volatile oil and kerosene, n-~tetradeoane, naphthalene, 2-methylnaphthalene and from mass spectra alone to tentatively identify isopropylbenzene, 3-(2--e~ethylphenyl) pentane, 2,6-dimethyl-.1 ,2,3,4-tetrahydronaphthalene. Y~any other spectra, even of not fully resolved components, were identical in the corresponding fractions. These - results together clearly established the qualitative identity of the tainted mullet oil and a commercial kerosene. 3.5 General discussion * The evidence presented in this paper shows that petroleum hydrocarbons of the type found in kerosene can enter into the tissues of mullet. Location of oil refineries close to areas in £ustralia from where reports of taint in fish have been received and observations in Japan (Nitta .2~ ~ 1965) and Canada (Krishnaswaini and ICupohanko, 1969) indicate that the hydro- carbons tainting the fish may originate in waste water discharged by the oil refineries. How- ever, other sources suoh as spillage by boats and additions through sewage from heavy industry cannot be entirely disregarded. It is unlikely that kerosene as such would be released in waste water from refineries but a number of contributing factors, such as evaporation of light- er fractions from the polluted water and slow uptake by fish of heavier fractions and/or their removal through microbiological prooesses, may explain the observed presence of hydrocarbons resembling kerosene in the fish. Petroleum hydrocarbons in mullet produce both short and long-term effects. The former include the uptake of taint in the flesh of fish which can reach an organoleptioally detect- able level within a few hours of the fish being placed in water containing these hydrocarbons. The solubility of these hydrocarbons range from 5 to 11 ppm in sea water and can be consider- ably enhanced by the presence of detergents. The Brisbane River water was found to contain 2 to 3 ppm detergents. Threshold levels of these hydrocarbons which would impart taint to rainbow tx-out ~ ~a~idnerii), Japanese mackerel and some other speo~es of fish vary from 9~Q~Q0Lppm., Bottom mud obtained from waters close to oil refineries could also impart the taint (Nitta ~ ~, 1965; and Krimbnaswami andxupohanko, 1969). Mullet, being an estua-. rime fish and detritus feeder with relatively high body fat, is likely to take up petroleum hydrocarbons more readily than other species of fish living in the same environment. During migration the tainted mullet joins untainted schools and, if caught and mold to the consumers causes immediate buyer resistance. During processing the effective exclusion of the tainted fish from the processing line could be very costly as there is at present no simple method of eliminating the tainted fish. - - TheJppg~eii~effects of hydrocarbons include changes in the lipidmata~olism of mullet, with consequent accumulation of fat in the liver and otIi~l'Thódjtiasues. Thofish èhowa na ~aYersion ~thep cence of hydrocarbons in its environment and thus may remain in polluted waters for considerable periods. Fatty infiltration of the liver has been observed in higher animals exposed to toxic levels of petroleum hydrocarbons (Lenin, 193g). Mullet seems to respond in a similar manner. Very little is known about the processes leading to fatty in- filtration of the fish liver, but the higher deposition of fat by mullet seems to be a de- toxifying response to the presence of hydrocarbons in the body tissues. The response is mediated through enhanced activity of fatty aoid and lipid-nynihesizing systems. These, coupled with a partial disturbance of the lipid transport mechanism from the livers result PAGENO="0212" 1530 in the accumulation of fat in the liver as well as the flesh of the fish The main fatty acid synthesized seems to be C18s1 The effects of these long-term changes on the life cycle of the fish and the possibility of their reversing when the fish moves to untainted waters are not known. In conclusion it can be said that petroleum hydroca'~bons released deliberately or acci- dentally can cause serious tainting problems and biochemLoal changes in fish living in such water. At present where this type of pollution is localized1 the immediate although not wholly satisfactory solution lies in closing that area to fishing A more rational proce.. dure would be the development of a simple non-destxuciive method of sorting tainted and un- tainted fish. The scale of this pollution is likely to increase as more refineries and industries releasing hydrocarbons are established throughout the world A satisfactory and permanent solution, therefore, requires the treatment of waste water and sewage to reduce hydrocarbon concentration to an acceptable level or preventive industrial action to keep hydrocarbons out of the effluent The establishment of such an acceptable level, and ef- fective methods of effluent treatment or preventive industrial action require investigation 4 REFERENCES Acksan, H 0 , 3 Dale and 3 Hingley, Deposition of Dimethyl-3-Prcpiothetin in Atlantic cod 1966 during feeding experiments 3 Fish Bee Bd Can , 23(4):487-97 Ackman, R.G., 3. Hingley and A.W. May, Di-methyi.-B-propiothetin dimethyl sulphide in 196? Labrador code J Fish Bee Bd Can 24(2):457:61 Carroll, K K , Separation of lipid classes by chromatography on Florosil 3 Lipid Res 1961 2(2):135-41 Dawson, B M C , ~ , Mammalian and. frog ringers In Data for biochemical research, 1959 Oxford, Clarendon Press p 209 Dougherty, 3 D , B D Campbell and R L Morris, Actinosycete: isolation and identification 1966 agent responsible for musty odors Science B T , 152(3727):1372-3 Gerber, N N , and H A Lechevelier, Geosinin, an earthy-smolling substance isolated from 1965 Actinomycetes 4ppl Miorobiol , 13(6):935-8 Good, C A , H Kramer and N Sosogyi, The determination of glycogen Jbiol Chem , 100(2), * 1933 485-91 Isselbacher, K 3 , and N 3 Greenberger, Metabolic effects of alcohol on the liver 1964 New Engl 3 Med , 270:351-6, 402-10 Kelly, P B , R Reiser and D H Hood, The origin and metabolism of marine fatty acids: 1958 the effect of diet on the depot fats of ~ p~_lus (the common mullet) J Am Oil Ches Soc , 35(5):189-92 Kesteven, G L , Studies in the biology of instralian mullet I Account of the fishery and .1942 preliminary statement of the biology of ~ dobular Gunther. Bull.Coun.soiext. md Res Meib , (157):62 Krisbnaswami, S K , and H H Kupchanko, Relationship between odour of petroleum refinery 1969 wastewater and occurrence of "oily" taste-flavour in rainbow trout Salmo gairdnerii. 3.Wat.Pollut.Control Fed., 41:184-96 Lewin, I.E., Zur frage der' pathologisohen VerRderungen und dan' Funkiións-tahibkeit des 1932 Reticuloendothelsystems bei Vergiftung mit Benzindainpfen. Arch. Gewerbepp~th. Gewerbehyg , 3:340 PAGENO="0213" 1531 Lieber, 0.5., N. Sprite and. U. DeCarli, Role of dietary, adipose and. endogenously syn.. 1966 thesized. fatty acids in the pathogenesia of' the alcoholic fatty liver. J.clin.Invest., 45(1):51-61 Haling, H.)!., )!a. Wakabayashi and. LG. Horning, Alterations in hepatic lipid. biosynthetic. 1963 pathways after ethanol~ ethionine and. carbon tetraohloride. In Advances in Enzyme Regulation edited. by 0. Weber, Hew York, NacHillan Co., Vol. 1:247-57 )!etcalfe, L.D., and. L.A. Sohmitz, The rapid. preparation of fatty acid. esters for gas 1961 cbromatogz~aphic analysis. Analyt.Chem., 33(3):363..4 )!orris~ R.L., J.D. Dougherty and. G.W. Ronald., Chemical viewpoint on Aotinom.ycetes metabolism 1963 products as taste and. odour causes. 3.Am.Wat.Wlcs Ass. ,55:1380-90 )Iotoohiro, T., Studies on the petroleum odour in canned. chum salmon. Nem.Fao.Fish.Hokkaido 1962 ~., io(i):i.-65 Nitta, T., et al., Studies on the problems of offensive odour in fish caused by wastes from 1965 petroleum industries. Bull.Tokai reg.Fiah,Res.Lab,, (42)s23...37 (in .Tapanese) Shipton, .7., st al., Studies in kerosene-like taint in mullet (~g~ cephalus). 2. Chemical 1970 nature of the volatile constituents, J.Soi.Fd. Agric., (in press) Sipos, 3.0., and R.G. Ackman, Association of dimetbyl sulphide with the "blackberry" problem 1964 in code from the Labrador area. J.Pish.Res.Bd. Can., 21(2):423-5 Thaysen, A.C., The origin of an earthy or muddy taint in fish. 1. The nature and ~aolation 1936 of the taint. Ann.appl,Bioi., 23:99-104 Vale, L., ~ ~, Studies on a kerosene-like taint in mullet (~~a cep~alus) 1. General 1970 nature of the taint, J.Sci.Fd. Agric., (impress) Willuer, D., Separation of fatty acid esters on aoid.4reated. Florosil impregnated. with 1965 silver nitrate. chem.Ind.., 196511839..40 Acknowledgements The authors are grateful to Mr. 0.0. Ccote for atatistioal analysis and. to The Fish Board, Queensland, for financial assistance in carrying cut this investigation PAGENO="0214" 1532 FAO Fisheries Reports, No. 99 Suppl. 1 FIRM/R99 Suppl. 1 (En) S&ECTE1~ &EP~'M'T fo/4 REPORT OF THE SEMINAR ON METHODS OF DETECTION, MEASUREMENT AND MONITORING OF POLLUTANTS IN THE MARINE ENVIRONMENT Rome,4-1O December 1970 Supplement to the Report of the TECHNICAL CONFERENCE ON MARINE POLLUTION AND ITS EFFECTS ON LIVING RESOURCES AND FISHING - -~ F ~ FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS - `~ ROME, 1971 PAGENO="0215" 1533 Panel 2* PEPROLECJX it. Bluser (Chairman) P.C. Blokker LB. Cowell D.F. Duckworth 1. ~PR0WCTION 1.1 Descr&~tLon.cftbe~pc3!3~tant ~6rocarbons are ubiquitous in nature (Gerarde, 1962). In th. marine anvirozusent hydrocarbons are derived from natural sources, e.g., from organisms (Bliamer ~ ~, 1964; Blumer and Thomas, 1965 a,b; Bluser !~ ~ 1969, 1970 s,c; 0lar~c and B1umer~ 1967; Gelpi ~ ~ 1968, 1970; Han ~ al., 1968, 1969; Toungblcod ~ ~ 1971) or from sutmarine seeps1 or they are introduc~through man'. activity, e.g., in the form of pollution 4th. fossil fuels. Bydrcoarbons outer the sea at high and low concentration levels; at great dilution they are often not easily recognized visually, for instanoe if they are dissolved in the water (Blumer, 1970 a) or if they are present in dispersed form in the effluent from sewage outfalla. .. The toxicity of various oils and oil products varies widely, depending on their. composition, on environmental `factors1 on the biological state of the organisms at the tine of the contamination. Different species and different life stages of organisms have been demonstrated to have different susceptibilities to pollution (Cowell, 1969; Crapp, 1970 a; Baker, 1970). Natural biogenic hydrocarbons may have well defined biological * functions (Blumer, 1967; Yonagblood ~ ~ 1971). Therefore, methods for oil pollution research must be able to deal with the entire spectrum of oils and oil products at high and at low concentrations, as well as with the natural hydrocarbons in sediments and * organisms. Further, for pollution research and for law enforcement we need to differentiate between biogenic hydrocarbons and oils from pollution or from subearine seeps. Also, we must be able to distinguish oils from different sources and oil products from different refining processes. Petroleum hydrocarbons cover a wide range of molecular weights, from 16 (methane) to well above 20 000; structurally, they inducts compounds 4th straight and branched chains, olefi.ns and saturated and aromatic ring compounds. Crude oils also contain hetero- compounds (with S,N,O, metals,eto.). The geochemical processes responsible for the forms~- $ion of crude oil lead to the production of an inmense number of individual hydrocarbons1 including m3ny isomers and members of different homologous series (Eglinton and )turphy, 1969). Also, a single molecule may contain straight or branched chain sub-units or saturated and aromatic rings. By convention, the prenence in a hydrocarbon of a single aromatic, alt.. cyclic or branohsd chain aubunit, in that order of preference, is sufficient to classify it as an aromatic, alicyolic (cyoloalkane, "naphthene") or branched chain hydrocarbon; if there are none of these sub-units, the hydrocarbon is, a atraight chain cue. Harked compositional differences exist between hydrocarbons from living organisms On one hand and oil fron fossil fuels, derived from natural seeps or from pollution, on' the other. Gas chromatography can detect these differences; sometimes preliminary separation is required. This provides the basis for the distinction between natural hydrocarbons and pollutants. Sometimes1 hydrocarbons from one source can be detected in the presence of the cther (Blunsr at ~, 1970 b,c.). PAGENO="0216" 1534 Compared to petroleuin,biogenic hydrocarbons have a rather nariow molecular weight range; a few components or oven a single one may far exceed in concentration all other components. As far as is known5 straight chain compounds, saturated and olefinic, pre- dominate, branched hydrocarbons5 especially isoprenoid aUcanes end alkenes, are formed by many marine organisms but they cover only a narrow molecular weight range Cyclo-. alkanes and eromatics are not as generally abundant in organisms as in petroleum. Crude oil covers a very wide molecular weight range, and nuserous homologous series are represented. Usually, adjacent members of these series vary little in concentration. Olefins, which are abundant in organisms, do not occur in crude oils but they can be present in refinery products. Alicyclio end aromatic hydrocarbons are abundant in petroleum. Substituted ring compounds are more abundant than their parents The number of substituted derivatives end the complexity of the substitution is greater than in the cyclic hydrocarbon fraction of organisms Heavy aaphaltio compounds are associated with the ma~ozity of crude oils5 though not necessarily with refining products; they do not occur naturally in organisms The hydrocarbon content of many marine organisms has been studied, but so far most specimens have been obtained from the coastal waters of the northeastern U.S.A. and from the North Atlantic. The sane general hydrocarbon type composition amy also be found in organisms from other areas of the world oceans5 though the specific composition variei greatly, often from species to species. Studies of this kind are urgently needed in other oceanic regions in order to establish the present level of natural and fossil fuel derived hydrocarbons on a world wide scale Different oils and oil products exhibit a great variety of composition in spite of their overall siailaritiea. Haoh oil is made up of many thousands or. ten thousands of individual compounds The variety of geochemical and refining processes which each oil underwent5 has imprinted on it characteristic compositional and structural features Thus, analytical techniques, capable of high resolution, can be used to distinguish crude oils from different sources. The correlation between different crude oils and between oils and their source sediments is of great value in petroleum exploration. Therefore5 major efforts have been devoted by oil research laboratories to the development of techniques for crude oil characterization and correlation (Philippi, 1965; Boulet and Guiohar&'Loudet5 1968; Oudin5 1970). The application of such techniques should be of great value to oil pollution research and law enforcement, . Crude oil and oil products spilled in nature are altered by evaporation, by die- solution, by bacterial and by chemical attack. Not all hydrocarbons are affected at the same rate. Thtvironmentel exposure ("ageing, weathering") affects both the contamination level and the relative composition of the pollutant (Cowe]l, 1969; Baker5 1970; Blamer ~ ~,, 1970 o) In spite of the complex processes occurring during weathering, many compositional parameters are relatively stable and are not obliterated until an advanced stage of de- gradation has been reached (Blamer ~ ~,., 1970 c; Duckworth, 1970) These stable parameters any aid in the identification of am oil pollutant end in the correlation with its source for many weeks if not months after the spill 1 2 Concentration of petroleum_pollutants in the environment Petroleum pollutants in the ocean may occur at amy concentration between bulk oil and oil at very low concentration level, such as a Floating material b Baulsions dispersed in sea water o Dissolved in water d Adsorbed on sediments e In marine organisms PAGENO="0217" 1535 Little information is available on the extent of pollution in the different marine coo.. systems. In the past, insufficient interest, together with analytical difficulties, have been responsible for slow progress in the accumulation of measurements of the levels of oil pollution in the sea. )lore sensitive and selective analytical techniques are available now and we can measure petroleum hydrocarbons at levels corresponding to the natural hydro~. carbon background. Such techniques are now being applied to the analysis of polluted sediments and of polluted shellfish (Blumer et ~ 1970 b,c) and fish specimens (Sidhu ~ ~ 1970). In a study of the long term effects of a distillate fuel oil spill, it has been shown that toxicity in polluted sediments can be demonstrated wherever oil can be detected by ga~ chromatography (Blumer g~ ~ 1970 o). The uptake of oil and other pollutants into marine organisms and the resulting "tainting" has long been described (Simpson, 1968; Cz~app, 1970 a). However~ objective measurements of the oil pollution levels of fisheries products are possible now and should - be of value to public health authorities. 1.3 The use of pe 3.eum~and the extent of marine pollution Oil pollution is the almost inevitable consequence of the dependence of a growing population on an increasingly oil.baaed technologr. The widespread production and trane-' portation of oil and its use as fuel, lubricant and chemical raw product leads to losses which are wide, but not evenly spread. Production and transportation estimates for 1970 * and 1980 are given in Table I. Estimates for the amount of oil spilled, deliberately or accidentally,into the ocean vary and suggest an input between 1 and 10 million tons/year (Hunt and Blumer, 1970; Blumer~ 1970 s,b). * Oil transport is not evenly distributed over the oàean surface; it is more heavily concentrated along the continental shelves in coastal areas and in regions of upselling * water (Figure 1). These are also areas of great biomasa productivity (Rythex,, 1969); damage * from oil pollution may therefore be greater than if the oil influx were evenly spread over the ocean. . .. . TABLE I * World Petl ~ (Thutt and Blumer, 1970) (in million metric tons) 196i ~0 ~.(eatim.) Production, total 1850. 2200 1 .4000 Production, offshore 260 440 ( 1 300 Tankeroargoes1 total 650 1500 . 2900 Petroleum reserves 57 000 . 75 000 ~* Ultimatewârld offshore potential to 350 in water depth estimate at 220 000 x iC)6 metric tons. . . Present figures are not sufficiently accurate to assess the degree of pollution of * different, oceanic regions by different crude oilø and oil products. Much better and more detailed surveys1 especially in the most productive regions of the oceans1 are urgently needed1 if we are to estimate the effect of oil pollution on marine ecosystems and on fisheries resources. PAGENO="0218" Figure Is MAIN OIL MOVEMENTS BY SEA 1968 (British Petroleum, 1969) PAGENO="0219" 1537 Different oils anil oil products vary in their toxicity (Ottway, 1970) and in the mode * ~ which they interfere with marine life processes. Generally, distillates up to and in- cluding gas oils are more severely toxic on a short time scale thak the other components of crude oil, Theses on the other hands map contain more slow acting compounds, like the polyoyoiio aromatic hydrocarbons, and compounds that may interfere with some of the vital * life procósses of marine organisms (Blumer, 1970 b). The terminolo~~ of oil refining products differs between countries~ xnaking compsri- ions of their ccmpo~ition difficult. 11 However~ the descriptive terms of the refining judustry (e.g., foci oil, bunker oil) are not chemical descriptions; the composition of such products can vary wiiely, depending on their source and refining history. Often, such ~`products are blends derived from several processes within the refinery. 1.4 )tonitori~ ~yems Monitoring of oil should aim not only at the detection of spills but also at ascer taming long-term changes in marine systems and in the degree of pollution of the ocean, Because insufficient knowledge exists on the long-term effects of pollution, monitoring of * oil in water, organisms and sediments is urgently required. A number of techniques that could be used for the monitoring of hydrocarbons, em- pecially on the sea surface, exist. None of the physical techniques are specific for individual hydrocarbons. Therefore, and because of the limited concentration range which can be covered at present, these techniques are of little value in studying the long-term fate of oil `in the environment. However, monitoring at relatively high concentrations, especially after large spilla,is possible. * Monitoring techniques are `based5 for instanoe,on measurements of optical densities at various wavelengths, electrical conductivity, fluorescence5 etc. Nore specific * chemical surveys are possible by gas chromatography. This is being used cm sea-going vessels for the purpose of petroleum exploration (Jeffrey and Zarrella5 1970). Applica- tions have been limited to low boiling hydrocarbons, up to butane or pentane, mainly by * the sampling technique which involves stripping the most volatile components fran a water stream. Thus~ such a system might detect a fresh slick containing low boiling hydrocarbons; however, the more usual aged slick, which has lost the low boiling components would not be detected by the existing instruments. * These different techniques can complement each other, physical sensors may provide0. * fnforniation on volume and area of the sliok,while gas chromatography may help in the * identification of the material that has been spilled. * Remote sensing systems, using5 for instance, thermal infra-red imaging by over-. -* flights and using densitometric colour enhancement of the infra-red images and automatio digital pianimetry of the areas of specified image densities (Hates and Golomb, 1970; Noble, 1970; Swaby, 1970) can estimate volumes and flow rates and changes in area and extent of the spill. The technical sophistication makes this a specialist's technique; also such methods do not - at this time distinguish between natural slicks from marine lipids and fossil fuels., Differences in the absorption spectra of natural lipids and fossil fuels might be utilized for the distinction between these types of surface films. Attention should be devoted during the further development of remote sensing to the need to differentiate between surface films `of different origin, * * * * ** * * * B~uipment for remote mt rn-red sensing is already installed in commercial aircraft and can be flown to problem areas on short notice. * * * jJ Some assistance is given by: Standard Specifications for Fuel Oils (AsTM D396-69), or by: A Glossary of Petroleum Terms (institute of Petroleum, 1967). PAGENO="0220" 1538 2. EXISTIFG MP~B0DS 2 1 ~ The field of hydrocarbon analysis is covered by a vast literature which cannot be fully reviewed here. ComprehensIve and up~te'date reviews are available, for instance,in ~lChon~~j~.. (punclameuial and applied progreas is reviewed in alternating yearns see the most current reviews in the April 1970 and 1971 issues) The separation and identi- fication of po~ro1eum con.~tituentsbavebeag diat.ussed by Powell and Whitehead (1971) (Figures 2 and 3) For petroleum pollutant anelysim ~t its not possible to p~'ovide specific methods of detection, etc as can be done for pollutants which consist of a single compound or group of compounds This is becauce any te~hatque has to deal with the Immense number of mdi- vidual hydr o arbosis that oompc as oiiid~ petroleum and its po mary producte The matter is further complicated by `the extremely wide range of concentrations to be `considered and the * different purposes for which the analyse: are required, Thus a somewhat generalized ane * lytical scheme has had to be given. Uethcds poazeesing sufficient sensitivity and select- ivity will be emphasized here. Ideally, methods for pollution research should be able to cover the whole concentration range from bulb oil to oil traces in sediments and organisms The majority of these ieob~_quei are eeffioien ly sensitive and selective for the investigation of i4e behaviour of petroleum materials in the marine environment They are not aimed at rapid ro.ttine surveys but at detailed examination of selected materiale Simpler end more rapid methods will otten be entirely adequate to establish the identity of a gross spill with its source 2 1 1 Correlatton of joi~p~~ its sç~uroe Two different principles have been proposed for the correlation between spilled oil and its sources &~tjye~agg~~g involves the incorporation into oil during transport of certain compounds (e g dyes, fluorescent materials, trace metals, radioactive isotopes~ eto.) that can be recognized readily in any spill. The range of potential tags is too wide to be covered here, also1 implicitly5 a tag will be selected specifically for the ease of its analytical detection5 among other criteria. It is doubtful whether active tagging will be applied universally on a world wide basis since it depends on many factors: general cooperation, development of a suitable system and numerous imoez'taintiee~ such, as a sufficiently wide range of tags, end the stability of the tag, which should persist during transport but not enter the refined products Active tagging may not be useful for the monitoring of pollution on a world wide scale and it will be of little help in the study of the fate of oil in the environment5 especially in the biosphere Passivejaggi~ utilizes the wide natural compositional differences that can oocui~ between crude oils from different wells5 fields, storage tanks and between oils that have been subjected to different refining processes In their composition5 oil and oil products are enoxuoumly complex and almost infinitely variable. It is possible to find many compositional parameters that are characteristic for a given oil and that resist the effect of weathering for a sufficient time for use in law enforcement (Jeltes and Veldink5 1967; Brunnock ~, 1968; Rsmsdale and Wilkinson, 1968; Blumer at al.5 1970 o). A highly selective analytical technique can produce from each oil sample a very characteristic fingerprint Such methods are used routinely and successfully on very small samples for geochemical crude oil correlation (Philippi, 1965; Boulet and Guichard-Loudet 1968; Oudin5 1970) Pollution studies have only' now begun to use such techniques and the full potential of these high resolution analytical methods has not yet been realized in this field.. PAGENO="0221" 1539 * L~.troiim1 Distillation or Preparative scale g.l.c. or chromatography and distillation or g.l.o - of compound types [~arrow distillate ou~J Chromatography Solvent extraction Paper, thin layer, colw~i Co~rntex'~eurra~rt extraction ~1a°a~ S1Oa~ gel...pepneat ion Cla'thrat iom4~nclueion ion exoharge, AgNO3 Urea Liquid..solid., liquid-.liquid Thiourea Gas-liquid, gas-solid Zeolites Eleotrophoresis * Werner complexes Thermal diftusion..liquid Diffusiom..gaaeo~is Cz'ystallisatiàn of comPoundi Aromatic to saturate * \ Saturate to aromatic \ Ketone to byth'ocarbon Remove heteroatont Chromatography - Zone melt ~ Modified. types Crystalliaation ~-- -~ Sublimation [~id.ividual pure com~cun~J Figure 2: Separation of petroleum constituents PAGENO="0222" Inaivid.ua3. components (peak enhanoemont) Compound types B.E.V. data Individnal oomponents Fyth'ooarbon~) Iletero ~ types Moleoular formula Molecular types Fragment ions Individual Components Carbon typo % CA. CF. CP. R&. RM. Functional groups Individuals and type Conjugated double bonds Polycyollo aromatios Carbon and ring types groups position) Pigure 3* Analyai~ of petroleum constituents PAGENO="0223" 1541 2.1.2. The choice of ena]~yticsl techx4~! Analytical techniques for the determination of compositional changes undergone by hydrocarbon pollutants should be compared in terms of their cost effectiveness. (This corresponds essentially to the ratio of useful data produced to the labour expended, since instrumentation costs in the long run beootne negligible,) In these terms5 subjective, observational techniques (physiological evaluation of smell and taste, observation of fluorescence of bulk extracts or of thin leper chromato- grams) are rarely highly productive of useful information. Measurements of single parameters on bulk oil samples similarly offer little return for the snalytical effort (c,r,s,o,v,Ni, etc., content5 wax content, asphaltene contents etc.). As Cole (1968) has pointed out~ physical properties (density, congealing points vie-' cosity, aniline point, eto.) are often so closely linked to the boiling range and hydrocarbon type content of an oil that the determination of these data adds nothing to that available frost CC anti U analysis. The use of these physical anti single snalytical measurements is therefor~ not recommended except in special cases. Spectral techniques (uv U, nmr5 MS~ speotrofluorimetry) applied to whole oi~a (Kawahara, 1969; Mattson ~, ~,,, 1970) offer a higher return of information; this is especially true for mass speotrometry which can be useful even if applied to unresolved whole oil samples. However~ by their nature and because of the great complexity of oil and oil products, the remaining spectral techniques rarely observe properties of individual compounds. Rather, they are concerned with an "average" molecule and they measure the presence of certain functional groups within all the compounds present in the oil. Even with this limitation, infra-red analysis in conjunction with highly selective gas chromatographic separations has been used successfully to identify pollutants (Cole, 1968; Kreider5 1970). On the whole5 however, these techniques produce better sad more abundant data5 if they are applied not to~the bulk oil samples but to fractiç~ obtained by a highly selective frao-' tionation technique. Thus5 infra-red analysis after thin layer chromatography provides much more information on the saturated and olefinic hydrocarbons in a sample than U analysis of the bulk sample. Similarly, ZR or UV spectroscoçy applied to polycyolic aromatic hydrocarbons collected from a gas chrouatogz'aphio column may at low anti intermediate molecular weights conclusively identify ring type anti type anti degree of substitution; this would be impossible to achieve by the analysis of & bulk sample. The came philosophy applies to the extremely powerful combination of gas chromatography with mass spectrostetry. Highly selective analytical techniques provide the greatest data return for the effort expended. Ideally, these techniques, especially high resolution gas chromatography and5 to a lesser degree, gel punneation chromatography, are capable of defining some of the immense complexity of the oil samples. If nesessary these techniques can be combined with spectral techniques that stay give exact structural assignments on individual compounds isolated from the oil. Gas chroma- tography and gel permeation cbrcuatograpby complement each other, the former is most useful in the approximate C~ C range, while the usefulness of GPO extends from roughly C into the high m8lecu:f~r weight range. These techniques are also sensitive and ~~rmit analysis of the email samples obtainable from polluted marine orgmnisns and sediments. 2.2. Isolation of the hydrocarbons The further discussion will emphattise the isolation end separation of pollution samples to make them available in a form that is readily subjected to gas chromatography. In spite of the initial investment and of the care needed in equipsent maintenance, gas chromatography is so far superior to other techniques in terms of sensitivity, selectivity anti universal applicability that newly established pollution laboratories should be urged to establish first a GO capability. At a later point this might be complemented by spectral analytical tools5 including mass spectrometry. PAGENO="0224" 1542 hydrocarbon pollutants may be obtained for analysis as bulk samples or as oils that are finely dthpsraed, adsorbed or discolved. In the case of bulk oil samples little o~' no preliminary concentration or sepcration is needod The sample may be dissolved for in. 300tion into the gas chromatograph (CS0 baa the advantage both of being a good solvent and of producing little response in the hydrogen flame detector) Water may be removed by oentriftigation of the bulk oil or of its solution The sample may also be introduced into the chromatograph without the addition of solvent (see below) In the came of finely dispersed~ adsorbed or dissolved oil a more complex extraction ~Blumer~ 1970 c~ Blumer et el., 1970 b,o) and possibly a separationare necessary. 2 2 1 ~ This situation is encountered in polluted sediments. In preparation for the extraction the wet sample nay be dried~ unless loss of low boiling hydrocarbons would result Bxtraotion may be carried out by the slow Soxhlet extraction tech~ nique or by the more rapid uitrasonio extraction method (Molver, 1962). Methanol- beazene aseotrope serves as a useful solvent, both for dry and wet sediment samples In the latter came an extract consisting of two phases is obtained These are separated, the aqueous phase is washed with an organic solvent (e g , pentane) and the combined organic phases are dried and concentrated by evaporations preferably on & rotating evaporator at a moderate or low temperature The extract may be gas chrcmatographed directly or it may be subjected to removal of aulphur(Blumer, 1957) and chromatographic separation on adsorbent columns or thin layers. The possibility of the formation of artifacts in ultrasonically aided extraction should be kept in mind. It has been shown that wet halogenated solvents may be decomposed by ultrasonic irradiation, free chlorine is produced instantaneously (Spurlock and Reifaneider, 1969, Welesler, 1962) A systematic st~dy of the relative reliability of this widely used technique appears long overdue 2 2 2 T~pol1utant Is present~gether with natural li~4g Bydrocarbon pollutants in plants and animal~. a~e almost always accompanied by natural lipids which interfere with the direct gas chromatographic analysis (in some instances dietillative separation in the CC inlet is possible, see 2.3.1 below). If only the saturated hydrocarbon fraction is tg be analysed or if the oil pollutant is of suitable boiling range (boiling below 350 c), column chromatography may be sufficient for the isolation of the hydrocarbons of intereet. Silica gel is used in this case because of the good resolution between saturated and aromatic bydrp.. carbons; the addition of a short alumina bed on top of the silica gel bed~ aide i~ the retention of the more polar higher molecular weight materials for which silica gel has only a limited capacity (Blamer ~ al., 1970 o). Both absorbents should be partially deactivated by the addition of water to prevent the formation of arti- facts (Johnstone and Quan, 1963; Blamer ~ ~, 1970 o) These techniques have been used for the isolation of natural saturated and olefinio hydrocarbons in plants and animals and for the analysis of fuel oil spilled and taken up by sediments and organisms In the case of oils of high boiling range, extending abo,e C2~, and in those instances where all aromatic hydrocarbons should be recovered, a mdxc extensive separation is needed before CC can be applied Unfortunate y, the multi-ring aromatic hydrocarbons elute from silica gel and alumina together with the tn-. glyceride lipids. The separation of the hydrocarbons from the lipids can be achieved either by extensive and time-.conauming repetitive thin layer chromato- graphy or by saponification of the lipids, especially by the elegant and rapid hydrolysis in homogeneous solution (methanol-sodium hydroxide) according to Metcalfe st al (1966) After addition of a small amount of water, the methanol phase can be extracted by pentane The extract contains all hydrocarbons and only minor quantities PAGENO="0225" 1543 of fatty materials (e.g., alcohols) which may be removed by thin layer or column chromatography, if necessary. Other separating techniques may be used on occasion. Thus1 the normal pamf-. fins can be selectively removed by 5~moleoular sieve adsorption on a macro (Brunnock, 1966) or micro scale (l4ortimer and Luke, 1967); urea olathzation has been used on zniorogrexa samples with excellent results though it is less specific than molecular sieve adsorption (Douglas ~ 1971). Distillation of micro- samples (Javes ~ ~, 1955) has been superseded largely by gas chrcmotography, but a relatively efficient molecular still, requiring only milligram samples, may be used occasionally, especially since it can handle samples boiling at the upper range of CC usefulness (Bluiser 1962). 2.3 eatograp~ Numerous textbooks and scientific papers cover the field .of gas chromatography, including the analysis of hydrocarbon samples. Therefore only a few special aspects, directly relating to pollution, are covered here. 2.3.1. ~introduciion Samples may be introduced as conventional, in solution, by on column injection or by vaporization in a heated injection block. Carbon disulphideis a suitable solvent. Some special introduction techniques are applicable to the pollution field. Thus, the British Institute of Petroleum Standardization Committee has described a modified inlet system that accepts a solvent free oil sample in a * elass tube. The tube is inserted via two ball valves into the heated injector (Anon., 1970). A similar bat simpler technique involves the rapid insertion into the injector of the oil contained inside a short piece of glass tubing. The in- jector is immediately closed by septum and nut. The tube is left in the injector * - at a temperature and for a tine that assures evaporation of the hydrocarbons but minimizes thermal decomposition of the residue. The front end of the column is cgoled with air or dry ice. Later, the glass tube containing the residue is with- drawn and the temperature programme is started. In this way the injection port remains clean. The technique is highly tolerant of the presence of high boiling materials, e.g.1 asphaltenea, lipids (Blumer, unpublished). * 2.3.2. umn selection - * For hydrocarbon analysis one chooses routinely non-polar gas chrcmatographic substrates (e.g,~ silicone rubbers, Apiezon L). In the case of the analysis for more polar hydrooarbons~ e.g.1 olefins1 aromatios, more information about struc- tural properties can be obtained by performing separate separations on two dif- ferent substrates~ one non-polar, the other highly polar (e.g., YFAP, Varian Aerograpb) end by using the retention index concept (Kovats, 1958; Webrli and Iovats~ 1959) in the evaluation of the data. Standards for the selection of column packinge and column lengths have been proposed (Anon., 1970). It has been suggestód that the columns should be of sufficient efficiency to resolve partly the pairs pristane..n-hepiadecane and phytane-n-.octadecane (Xreider, 1970). Bowever, in some special cases more rapid analysis on less efficient columns is possible (analysis of isolated normal paraffins), while in other cases more efficient columns yield a better fingerprint characterization of the oil. For intercomparison between laboratories the sub- strate used and the plate efficiency of the columns should be specified. 77-463 0 - 72 - pt. 3 - 15 PAGENO="0226" 1544 Capillary or packed columns of various internal diameters may be used.i often packed 1/16 inch o.d. columns or 1/8 inch o.d. narrow bore columns give a good com-. promise between the larger packed and the capillary columns. Flow rates should be adjusted for optimum plate efficiency 2.3.3. ~~ple recovery Various instruments and techniques have been described for preparative gas chromotography or for the trapping of materials in column effluents. Large pre.. parative gas chromatograph~ often suffer from inadequate plate efficiency, poor recovery of small samples; thermal decomposition of small samples1 especially of olefins1 on the neoessarily large columns is common. Sufficient sample for farther analysis can be recovered from. efficient analytical columns. Thus, many studies on natural hydrocarbons in organisms have used the efficient trapping. of samples from a modified flame tip in a melting point capillary, whose interior has been roughed with carborundum powder in order to provide a larger surface area (Blumer ~ 1969). Eiorogram samples can be recovered with high yields. Thus1 sufficient* * sample for further spectral1 chemical and chromatographic analysis can be reóovered. 2 4 Gel permeation obromato.gr~p~ For :ixlvestigation of the major percentage of crude oil components gas chromatography is superior to gel permeation chromatography (OPC); however, the latter has a greater po-. tential in the high molecular weight range where GO is becoming impractical because of limitations in the volatility of the samples. ... Several papers deal with the separation of crude oils1 crude oil fractions1 asphal-. tenes and oil derived porphyrin pignents by gel permeation chromatography (Blunter and Snyder, 1967; Blunter and Rudrum1 1970; additional references see Done and Reid, 1970). - The potential of this technique specifically for oil pollution research has been discussed (Done and Reid, 1970). . Gel permeation chromatography (GPo) is as easily automated as GO and is capable of. comparable separating efficiency The'~efore1 GPO is particularly attractive for the analysis of high boiling oils such as bunker oils, distillation residues1 heavy saphaltic oil and tars and oils that have undergone very severe weathering. . . At the present time1 the non-ideal behaviour of many GPO substrates (especially Sephadex LE-20) limita their applicability1 since the more polar fractions of heavy oils are irreversibly adsorbed or at least strongly retained. Thus1 at the present state of the art, these materials have to be removed1 e.g., by asphaltene preoitipation or by column chromatography. Except for this limitation, excellent molecular weight separations of heavy oils and oil fractions are possible (Fystr~m and Sj5vall1 1965). 2 5 Observations on existing metb~ 2.5.1. ~ analysis of GO eluatea . GC an smell packed columns provides sufficient samples for further spectral analysis. The simplest though not cheapest approach uses a direct interface be- tween GO column and mass spectrometer or IR spectrophotonrieter Column effluents can also be trapped as described above (2.3.3) and they can then be analysed by spec~roscopio instruments. By using a beam condenser and a mask of approximately 4 mm infra-red spectra of excellent quality cam be obtained on samples ranging from 1-10 micrograms. Measurements can be carried out on solutions in microcella1 on liquids between salt plates or on solids in micro KBr pellets. Spectra of smaller samples may be obtained through the use of time averaging of repetitive soans~ or possibly by the use of Fourier transform analysis. PAGENO="0227" 1545 In general, smaller infr~red ~t~ekis perfora well, since their wesker * sources lead to less heating and lower sample lose by evaporation than the more powerful sources of larger instruments. Similarly, UV- speotrophotomet era are preferred that expose the sample to the. dispersed radiation rather than to the tell intensity of the undispersed beam. * 2.5.2. Conteaninatin~P~9ik1ene . * - Sample contamination during sampling and analysis Li unavoidable. For meaning- ful analyses the contamination level baa to be reduced well below the concentration * of the pollutant which is to be analysed.. With bulk oil samples this is not diffi- cult; however, it becomes increasingly diffipult as one approaches the natural hydrocarbon background level. * .. . ., . . . . * . Contamination from lubricants, silicones~ plasticisers (phthalate and sebacate esters), skin lipids, polluted air and even cleaned laboratory air (Blumer, 1965) is coumon. Fossil hydrocarbons occur in coanon laboratory solvents and are dtffi-' cult to renove hp distillation (Blumer and Snyder, 1965).. . . . Purther, hydrocarbon artifactS may be formed during the analytical sssrple work-. up. Thus, pI~rtadienes are formed on gas or liqui& chromatographio colunuis from phytol by dehydration (Johustone and Quart, 1963). Phytol arid other sensitive alcohols are always present in biological samples. Therefore, adsorbent columns should be deactivated with waters . even if thin causes some loss oL.sepaxating efficiency0 and samples containing such sensitive compounds should not be subjected to gas chrcma. tography without preliminary chromatographia removal of the sensitive polar materials. 2.6 Interl~bora~torr ca3~ibra~icn~p aryand_secondat'~v standsa'da * *., Bydrocarbona are encountered in nature in great structural complexity and within a very great concentration range. It may be difficult to formulate primary and secondary standards suitable for analyses representative of this wide. compositional range; standards typical, for polluted biological samples may not be readily preserved. a central agency might provideS * *. . . . . .. . . . . (a) a limited range of hydrocarbon standards (pu~o single compounds, artificial * * blends of stable hydrocarbons) suitable for calibration of methods requiring * high precision and repeatability, * . * . * *. . . * * *` (b) a wide range of crude oils and refinery products covering the types of * * materials that are likely to be found in the seas. * * * In addition, libraries of gas chromatogrwss representative of a wide range of crude oils and oil products, carried out under standardized analytical conditions, and possibly at different column efficiencies (low, medium and high resolution) should be made available. * 2.7 Automation of iechni~~ * * * * * * * * The great structural variability end the wide concentration range of hydrocarbons in nature make the design of automatic monitoring techniques and equipsent difficult. Individual eteps within the analysis scheme are amenable to automation, and say in certain cases0 e.g.0 in the analysis of bulk oils0 permit almost fully automated analyses. Auto- mated gas chromatography with repetitive sample injection, analysis, recording, integra- tion and data output in digital or analogue form is practicable. *. . * * - PAGENO="0228" 1546 In those oases~ where the fate of the hydrocarbons in nature is being studied, addi-. tional sample concentration is necessary before the analysis. This and the final data evaluMion are neither easily automated nor independent of the judgetnent of the analytical chemist. 3. I~HTWXC&TI0N OF RES CE ACTIVITIES 3.1 Methods for obtaining oil sarnples, cap ciall from surface filing Wethods have been developed for the recovery of surface oil films (Garrett, 1962); however, satisfactory collection of slicks and of oil contaminated water from any depth and at all sea states is still difficult, Further development in this area is needed; con- sideration should be given to the possible contamination of the samples on board the vessel, 3.2 ~y4rocarbonsn4ymiaof biological samp~es trots the open ocean It is possible that routine sampling of plankton, nekton and benthos and analysis of their lipids for hydrocarbons could provide a basis for monitoring the levels of oil in the oceans. The techniques for collecting samples with continuous plankton recorders (Hardy, 1939) on ocean going vessels are well established (Glover ~ ~ 1970) and need no further technological advances, besides those necessary to assure freedom from contamination, to be set up on a global scale. Problems wou1d~arise due to considerable seasonal end cyclical changes in plankton populations. A great deal of basic research is needed to establish the degree of uniformity or of selectivity of hydrocarbon transfer from the water into organisms and through the marine food web. The problems of pollution must not be considered in iso. lation from those of ecolo~ as a whole (Levis, 1970). Research is needed at all points indicated by arrows in Pig. 4. Both laboratory and theoretical studies have indicated the paramet er's that should be measured but little basic work has been done. These difficulties could be overcome if sufficient funds for the necessary basic research were made available, 3.3 Biological monitorin~of the effects of oil on the intertidal .sàae The value of biological monitoring is well established. From comparison of the various methods we recommend that a rapid method for examining a large number of sites pro- duces useful data more rapidly than very detailed counts in a limited number of areas (Crapp, 1970 c). All monitoring of the effects of oil via the monitoring of organisms should be carried out against detailed background study, both chemical and biological. 3.4 Detection and rnonitori~ The methods described in this panel report should not be considered final standard methods; they are in part research techniques which are apt to be changed. Further develop. sent of the analytical techniques is necessary, especially for samples lying outside the range of those dealt with so far. 3.5 y~qnmenta1 fate_àL~~il We are still ignorant about the fate of oil in many marine ecosystems and about the products of bacterial oil degradation. Compositional and toxicological studies of the hydrocarbons and their environmental degradation products are needek. Studies are also required to define the mechanisms and rates of dissipation of hydrocarbons from floating or dispersed oil by such processes as evaporation, dissolution, partitioning and bacterial degradation. PAGENO="0229" 1547 trophic level: Meta~Iim, Death Top Carnivores Direct, uptake by feeding~-....~~~ feeding Metabolism LII~IIIE~~~ 3rd trophic level:' Death Carnivores, Whelks, Direct uptake Fishes, Prawns, etc. by f1ng~.-.~~ tr~~.~~Metabolisrn in* ophic level Death Herbivores and filter feede ~Direct uptake the Bivalves, Barnacles, Snail by f~aTng ~ sea ~Feed~g' lsttrophic level: th Photosynthetic, Plankton and littoral ai~~8 I Primary production of the system using L~~' from the sun ~~~Direct upta Figure 4: Poaaibl~ oil concentration mechanisms iri~he eoy (Arrows indicate possible movements of oil in ih9 system) Efficiency of energy transfer from one trophic level to the next is approxkma'telj 2 to 4 per cent. * Biodegradation occurs on all return steps; oil in the sea is also subject to this effect PAGENO="0230" 1548 3.6 Deterininattonof ~obyqyolio aromatic hydrocarbons Polycyclic aromatic hydrocarbons are of special interest because of their involvement in the caroinogenesis in animals and in man. While methods exist for their analysis in polluted air, the situation in polluted water, sediments and organisms (Cs~mmann snd.K~u~at.. sune, 1957; Suces, 1970) is far less favourable. In oils, a much more complex mixture of substituted polycyclio aromatics is present than in polluted air (Eglinton and Murphy, 1969). Some components of this mixture may interfere with the determination of the biologically aotive a~romatios, because of flurescence cuenohinE or of spectral overlap. Polynuclear aromatics have been isolated from crude oil and oil fractions by exact but slow isolation techniques (Carrwthers ~ al., 1967) and more rapid determinations have been carried out by less reliable methods (Graef and Winter, 1968). The development .of fast and reliable methods to determine the multiple carcinogens in oils is urge~itly needed. 3 7 Interaction between o~ pollution and othe~pollutazite The solvent properties of fossil fuels and of oil products lead to the concentration in oil films of other non-.polar compounds, both natural and man made Little is hnown about synergistic effects of oil pollution and other nofr.polar materials. Through concentration by oil, other pollutants might be made available to organisms which are not normally exposed to them. Conversely, the accumulation of petroleum hydrocarbons in natural surface films, consisting of triglyceride and other lipids, night sake the hydrocarbons more readily available than if they were present as tar lumps. Analytical studies of the 0cm-. position of oil from tar balls and natural surface films and waxes are required to assess the magnitude of the problem. 4 REGISTRY OF LABORiTORIEG AOI~IVE nroIL_POLWTION RESE&RCH A registry of laboratories active in oil pollution research is being maintained by the Librarian, Marine Biological Association of the United Kingdom, The Laboratory, Citadel Hill, Plymouth, U.K. It is suggested that inquiries be directed to this laboratory; also laboratories not yet registered there should make their addresses known. The same organiza.~ tion will appreciate receiving reprints of all papers in this area for inclusion in their comprehensive pollution file. Reprints received will be indexed in the Marine Pollution Bulletin. 5 ~EFER~ES Baker, 3 N., Successive epillagee In Proceedings of the Symposium on Ecological Effects 1970 of Oil Pollution on Littoral Conmzunitiee 3 Inst Petrol Blumer, IL., Removal of elemental sulfur from hydrocarbon fractions. Inalyt.Chem., 1957 29:103941 ___________ An efficient still for milligram samples of high--boiling materials i9~6U ~An~a1yt Chern, 34:7O4~8 ________ Contamination of a laboratory building by air filters Qgp~tam Con~, 19~5 ~4:134 _________ Hydrocarbons in digestive tract and liver of a basking shark. Science, N T, 167 156:390.1 PAGENO="0231" 1549 slumer, K., Scientific aspects of the oil spills problem. Paper presented at the Conference 1,970a on Pollution of the Sea by Oil Spills, Coninittee on the Challenges of Modern Society, NATO, Brussels, November, 1970 _________ Oil contaminatiân and the living resources of the sea. Paper presented to ~1~91V~i'PAO Technical Conference on Marine Pollution and its effects on Living Resources and Fishing, Rome, Italy, 9-18 December, 1970, PIR:HP/70/R-1:11 p. ________, Dissolved organic compounds in sea water. ~ Symposium on organic matter j~iin natural waters, edited hy D.W. Rood. ~.Publa ~ (1):153-67. 3luaer, K. and K. Rudruin, Righ molecular weight fossil porphyrine: evidence for monomeric 1970 and dimeric tetrapyrrolea of about 1100 molecular weight. 3.Inst.Petrol., 56:99-406 Dimmer, K. and W. D. Smyder, Isoprenoid hydrocarbons in recent aediments; presence of 1965 pristane and possible absence of phytane. ~ence.J.~, 150:1588-89 ~, Porphyrins Of ~igh molecular weight in a Triassac oil shale: evidence by gel 196f permeation chromatography. Chem~~, 2:35-45 Planer, K. and D.W. Thomas, Phytadienes in eooplarilcten. !.~noe.L~, 147:1148-9 1965a __________ *Zamene" isomeric 019 monoolef ins from marine sooplanicton, fishes and * 19 i~mammals. Science. 1.T., 14.8(3668):370-1 Blumer, K., R.R. I. Onillard and T. Chase, Hydrocarbons of marine pbptoplankton. Xar.Biol., * 1971 8(3):183-9 Blumer, L, LX. Mullin and R.R.L. 0uillarcl, A polpunsatuz'ated hydrocarbon (3,6,9,12,15,18- 1970a b~eneicoaahexaene) in the marine food web. Mar.Bi~, 6:226-35 Blumer, K., LX. Mullin end D.W. Thomas, Pristane in the marine environment. Helz~4er * 1964 wiss.Meeresunters~, 10,187-201 Plumes', K., 0. Sousa end 3. Sass, E.ydrocarbon pollution of edible shellfish by an oil spill. 1970b. ~!.!i0l., 5:195-'202 Plumes', K. at ~, Pb,ytol-derived 0 di- and triolefinic hydrocarbons in marine 1969 sooplankton and fishes. ~iLhemisis7, 8:'4067-74 ___________ The West Falmouth oil spill: persistence of the pollution eight months I 970c after the accident. (WHOI-10-'44) (Unpubl. KS) *Boulet, 3. and N. Guichard-Loudet, Analyse ddtaillde d'un brut par cbromatographie en 1968 phase gazeuse, epeotrometrie de masse et rdsonance magndtique nuoldaire. Application aux probibmen geochimiques. Revue Inst.fr.Pdtro~, 23:315-39 British Petroleum Co., Main oil movements by sea, 1968. (Map figure) ~ H.P. Statistical 1969 review of the world oil industry, 1969. London, H.P. Ltd. Brunnook, 3.T., Separation and distribution of normal paraffins from petroleum heavy 1966 distillates by molecular sieve adsorption and gas chromatography. Anal t.Chea!, 38:1648-52 Brwmook, 3.?., D.F. Duoksoi'th and G~C. Stephens, Analysis of beach pollutants. J.Inst. 1968 Petrol., 54:310-~25 * PAGENO="0232" 1550 Cahnnann~ U. and U Kuratsune, Determination of polycyolic aromatic hydrocarbons in 1957 oysters collected in polluted water. 4~y~t.Chem., 29:1312-17 Carruthera, If., &&K. Stewart and D.l.If. Watkins, 1 ,2-bonzanthraoene derivatives in a 1967 Kuwait mineral oil Nature~ Lond, 213:691-2 Clark, P.C. and If. Blumer, Distribution of n-paraff ins in marine organisms and sediment. 1967 Lianol.Ooeano~~, 12(1):79~87 Cole, R.D., Identification of slop oils - an aid in tracing refinery oil leaks. V 1968 J.Inat.PetroJ~, 54:288-96 Cowell, E.G., The effects of oil pollution on salt marsh acummities in Peabrokeshire and. 1969 Cornwall. J~ul.$co~~~, 6:133-42 Crapp, 0.5., Chronic oil pollution ~ Proceedings of the Symposium on Ecological Effects 1970a of Oil Pollution on Litt~oral Connunities. J.Inst~j~po3~ ___________ The ecological effects of stranded oil ~ Proceedings of the Symposium 1970b on Ecological Effects of Oil Pollution in Littoral Commmitiea. V J* Inst.Petx!o]~ ~_, Monitoring the roohy shore ~ Ecological Effects of Oil Pollution on 1970o Littoral Comnunities. J.n,tV,Petro]. Done, I.E. and W.K. Reid, A rapid method of identification and assessment of total crude V V 1970 oil fractions by gel permeation obromatography. Prepr.Div~Petrol.Chem.Aaa.Che~ V ~ (~242-~3) - Douglas, 1.0. at al., Gas chromatographio - mass speotrometrio characterization of 1971 naturally occurring acyolic isoprenoid oarborylio acids. Tetrahedron, (in press) Duolcworth, D. P , Aspects of petroleum pollutants analysis ~ Proceedings of Seminar of 1970 Water Pollution by Oils Aviemore, Scotland, Map, 1970, Prep~r.Br.Petrol.Co~V, 1970:17 p. Eglinton, 0. and K. P.Z Murphy, (Eds), Organic geochemistry Berlin, Springer Verlag 1969 Estes, 3 Es and 0 Golcab, Oil spills: method for neaaurixig their extent on the sea 1970 surface Science UT , 169(3946):676-8 Garrett, W.D., Collection of slick-forming materials from the sea surface. ~p.U.S.Na~ 1962 Res Lab, (5761):IO p Ilso issued as Limnol Ooeanc~, 10:602 (1965) Gelpi, & et al., Olef ins of high molecular weight in two mioroscopio algae. Soienoe.~ UV~L 1968 16T~842):7O0..2 __________ Eydrocarbona of geochemical significance in nticrosoopio algae Phytoohemistz~r, 19709:603-12 V Gerard., LW, Th~ ubiquitous hydrocarbons Ass Pd Drug Off * U.S., (25/26):1-47 0lov~r, US., 0.1. Robinson and 3 K. Colebrook, Plankton in the North £tlantio - an example 1970 of the problems of analyzing variability in the environment. Paper presented to FAG Technical Conferenc. on Marine Pollution and its effects on Living Resources and Fishing, Rome, Italy, 9-18 December, 1970, FIR:MP/7O/ P.55:14 p. Oraef, If, and C. Winter, 3,4 Bens~ren in frdoel. Aroh.Hyg.Ba3ñ~, 152(4):289-93 1968 PAGENO="0233" 1551 ~, 3. and K. Calvin, Hydrocarbon distributi~n of algae and ~aoteria and micro-biological 1969 activity in sediments. Proc.~natn.Aoad.Sci.U.S.A., 64:436-44 ~, j, at al., Hydrocarbon coñst~tu~$s 9f the blue green algae ~ wuscorum, 1968 Anacistis nidulans, Phormidium lurjdnm and Chlorogioea fitsci43~ J.ohem.Sco., 1968i27&5-.91 -- 5ardj, £C., Ecological investi~ationa with the continuou~ plankton recorder: object, plan 1939 and methods. Hull.3ull.mar,EooL~, 1(1):57 p. aunt, 341. and K. Blumer, Oil pollution in the marine environment. Paper presented to 1970 "The Ocean World", 15th General Assembly of the International Association of Physics and Science of the Ocean, Tobyo, September 1970 Javes, 1.2. and C. Lidell, liorceethods for the analysis of petroleum. Prepr.Br.Petrol.Co., 1970 1970:18 p. Javes, 1.2., C. Lidell and W.E. Thomas, Distillation micromethods for the analysis of 1955 petroleum. Analyt.Chem., 27:991-6 Jeffrq, 2.1. and W.K. Zarella, Geochemical prospecting at sea. ~ Abstracts, A&PG 1970 Meeting, Calgary Jeltee, 2. and 2. Veldink, The gas chrcmatographio determination of petrol in water. 1967 ~Chrciatogr., 27:242-5 Johnstone, RA.W. and P.M. ban, The phy-tad.ienes and nozphytene and their relation to some 1963 components of cigarette smoke. 3chem.Soq~, 1963:5706-13 Mawahara, F.K., Identification and differentiation of heavy residual oil and asphalt 1969 pollutants in surface waters by comparative ratios of infrared absorbances. Envir.Soi.Pecbnol., 3:150-3 lovats, B., Gaschromatcgraphi~sche Chazakterisierung organisoher Verbindungen. Teil 1. 1958 Retentionsind.ioes aliphatisoher Halogenide, Alkohole, AldelUrde and ~etone. !t~v.chim.Acta, 41:1915-32 Xreider, 2.2., Identification of oil leaks and spills. Paper presented at the International 1970 Conference on Water Pollution Research1 San Pranoisco~ July 1970, 6 p. Lewis, 3.2., Problems and approaches to base-line etudies in coastal cosmunities. Paper * 1970 presented at PLO Technical Conference on Marine Pollution and ito effects on Living Resources and Fishing, Rome, Italy, 9-18 December, 1970, FIR:KP/70/ E-.22:7 p. Mattson, 3.8. et al., A rapid nondestructive teohniq~e for infrared identification of 1970 crude oil by internal reflection spectrcmetz~. y~~.Chem., 42,234.-8 Ito Iver, R.D., Ultrasonics - a rapid method for removing organic matter from sediments. 1962 Geoohim.ccemochim.4ci~, 26:343-5 Metcalf., L.D., £1. Schmitz and 3.2. Pelka, 1. rapid preparation of methyl esters. 1966 yj.Chea., 38:514-5 Kortimer, 3.V. and L.A. Luke, The determination of normal paraffins in petroleum prcdncto. 1967 ~a1ytica chim~~, 38:119-26 PAGENO="0234" 1552 Noble, V.&, ~ultispeotral remote sensing for monitoring of marine pollution. Paper 1970 presented to FAO Technical Conference on Marine Pollution and its effects on Living Resources and Fishing, Rome, Italy, 9.18 December, 1970, FIR:MP/70/ E-96:13 p. l1ystrdm, & and 3 Sj~Svall, Separation of lipids on meth.ylated Sephadex. Ana3~rt Bi~9hO!a.~, 1965 12~235.48 Ottwar, S., ~Sae comparative toxicities of crude oils. In Proceedings of the Symposium on 1970 Ecological Effects of Oil Pollution on Littoral Communities ~~Inst Pet~~ Oud.in, 3 L., Analyse gdochimique de la matibre organic~ue extraitd des roches sedimentairee: 1970 1. Ccmposds extraotibles mu chloroforme. Revue. Inat.fr.Pet~~, 25:3.~ 5 Philippi, 0. P., On the depth, time and mechanism of petroleum generation. ~ 1965 coemcchtmActa, 29 1021.49 Powell, H. and LV. Whitehead, Modern contributions to the Study of Petroleum Constitution. 1971. ~ Modern chemistry in industry, edited by 3.0. Gregory, . London, Society of Chemical Industries (in press) Ramsdale, 8.3 and R.& Wilkinson, Identification of petroleum sources of beach pollution 1968 by gas..liqnid chromatography. ~Xn~t.Pe,~x,o]., 54:327-33 I4rther, .T.&,. Photosynthesis and fish production in the sea. Science. IL!., 166(3901):72-6 * . 1969. Sidhu, 0.5. st al, Nature and effects of a kerosene-like taint in mullet (M~~gj~ cephalus) 1970 Paper presented to PLO Technical Conference on Marine Pollution and its effects on Living Resources and Fishing, Rose, Italy, 9-18 December, 1970, PIR:MP/70/ E-39:9p. Simpson, A. C., Oil emulsifiirs and commercial shellfish. ~ld Stud.~ 2(Suppl.) :91-8 1968 . . Spurlock, L.A. and 5.B. Reifaneider, Some effects of ultrasonic irradiation on simple organic 1969 molecules. ~ Abstracts of 158th Meeting of the ACS, September 1969, Org. 18 Suess, M.3., Polynuolear aromatic hydrocarbon pollution of the marine environment. Paper 1970 presented to PLO Technical Conference on Marine Pollution and its effects on Living Resources and Fishing, Rome, Italy, 9-18 December, 1970, PIR:MP/70/ H-42:5 p. Swaby, L.a., Remote sensing of oil slicks ~ Proceedings of the Joint API-.FWPCL conference 1970 on prevention and control of oil spills. gew York, API, pp. 297.307 Webrli, A. and H. Kovats, Gaschrcmatographische Charaicteristerung organischerYerbindungen. 1959 Toil 3. Berechnung derRetentionsindioes aliphatischer alicyclisc~.er und aromatisoher Verbindungen. ~el~chjin.Ao~, 42:2709-36 . . . . Weissler, A., A chemical method for measuring relative amounts of cavitation in an 1962 ultrasonic cleaner ILL mt Cony Eec , 1962(6):24.-30 Toungblood, V et ml, Saturated end unsaturated hydrocarbons in marine benthio algae 1971 Mar BJ!o~ 8:190-201 Anon., Analytical methods for the identification of the source of pollution by oil of 1970 the seas, rivers and beaches. ~Xnst.Petrol., 56:107-17 * PAGENO="0235" B. W. NORTON Executive Vice President 1553 REMARKS BEFORE SENATE INTERIOR COMMITTEE! 24 Hour Phono (805) 963-3488 FOR RELEASE ON APRIL 11, l9Z~2 Senator Moss and Members of the Committee: Thank you for inviting Clean Seas Incorporated to testify before your Committee. In the brief time available, we will n~t discuss history or philosophy. We will tell you what Clean Seas Incorporated is and what Clean Seas Incorporated can do. Clean Seas Incorporated is an independent, non-.profit corporation. It was organized nearly two years ago for one single purpose -- to develop and maintain a capability to contain and cleanup oil spills in the open sea. The purpose of our testimony is to make your Comittee confident that we have that capability -- right now and, at the same time, are working to enlarge and improve it. / Fifteen major oil companies operating in Santa Barbara Channel formed Clean Seas Incorporated. They support us with the necessary monies for our operations. CSI is one of several similar organizations formed to protect all West Coast waters and shoreline from oil spills from any source. CSI's specific area of responsibility extends from Point Dune on the south to Estero Bay on the north. Within this area there are 16 offshore platforms and drilling islands and 12 marine loading term- inals. None of these are in protected harbors; they are on the open ocean. S - As the agency responsible for oil spill containment and cleanup, Clean Seas Incorporated can draw upon the combined resources of all 15 member companies and all outside contractors in the area -- their manpower, their expertise, their equipment. In addition we have developed advanced and specialized equipment of our own. In an emergency, CSI can mount an immediate response far greater than the individual effort of any single company. That is why we were formed. 18 MARINE CENTER BUILDING * BREAKWATER * SANTA BARBARA, CALIF. 93109 PAGENO="0236" 1554 For CSI to be ready, three elements are essential a definite, pre~ determined 2j~.a -- trained manpower to put the plan in action -- and equipment that can do the job. CSI has all three. The CSI contingency plan is closely coordinated with the oil spill emergency plans of the various member companies and with the Coast Guard and appropriate government agencies. The CSI Oil Spill Cleanup Manual lists the location of all cleanup material and equipment available in the area from member companies and from outside contractors. The effectiveness of the material and equipment has been evaluated. CSI knows what each piece of equipment can do -- as well as what it can't. Manpower needed to meet various emergency situations has been determined. Manpower available from within the industry and from outside contractors has been identified -- notified -- and trained. Standing order contracts have been consummated with outside contractors to furnish men and equipment on request from CSI Supervisors. Each function has been defined and pre-planned including onshore as well as offshore cleanup, wildlife preservation, and volunteer help coordination. A command post is established -- radio and telephone comunication links are on standby status. But the key to the success of the entire plan -- is the ~ Equipment and materials for dealing with oil spills in calm waters and protected harbors have been available for many years. CSI maintains a PAGENO="0237" 1555 basic inventory of these items for immediate dispatch. Additional cap- ability is available -- on call -- from many outside contractors. But most of CSPs area of reaponsibility is in the open sea -- not pro- tected waters. And it is in the development of new and specialized equip- ment to deal with potential oil spills in the open sea that CSI has made its most important advances. Two principal items are the heavy-duty oil containment boom and the CSI Oil Recovery System. The best place to cleanup an oil spill is before it comes to shore. But high waves and strong currents encountered in the open sea can make it difficult to prevent an oil slick from reaching beaches and harbor facil- ities. To effect this necessary containment, a massive barrier boom has been developed by engTheers of Humble Oil and Refining Company and built for Clean Seas Incorporated. A significant feature of this containment equipment is the two-and-a-half-inch steel cable eight feet below the surface that holds the oil curtain in place. It is called the B-T for Bottom Tension Boom. The flotation units of the B-T Boom form an oil barrier that reaches 42 inches above the water line. The heavy synthetic rubber skirt extends four-and-a-half-feet below the surface and is held in place by a network of polypropylene ropes. A full-size prototype model of this boom successfully `contained oil in waves eight feet high, with one-and-a-quarter knot currents and 25 knot winds -- maximum sea conditions available during the tests. The boom is designed to survive in seas up to 20 feet high, two knot currents and 60 knot winds. , PAGENO="0238" 1556 Deployed in a semi-circle by two boats the boom collects and holds drifting oil for pick-up by a r~urnber of kinds of available skimmers. The heart of CSPs cleanup capability is the CSI Oil Recovery System. It consists of three principal parts -- two gathering booms, each 240 feet long, the CSI Skimmer and the CSI Oil/Water Separation System. In operation, the oil recovery system is towed through an oil slick. Small fishing craft -- readily available locally -- are used as tow vessels On each pass, the system clears a path 200 feet wide. The two booms, in aV-shaped configuration, direct the floating oil into the mouth of the skimmer. The booms are modified Kepner Sea Curtains -- with a 36 inch skirt extending below the surface The oil enters the skimmer through a ten foot wide influent gate that can be adjusted to predetermined skimming depths. As the skimmed oil moves the length of the skimmer, preliminary separation takes place. The oil passes over the adjustable rear oil weii~ and collects In the skimmer well to be pumped into the CSI Oil/Water Separation System. The Oil/Water Separation System is mounted on a support vessel towed astern of the skimmer. Hoses suck the skimmed oil from the collection well on the skimmer and into, the separation tanks in the separation system. Any remaining water settles out and is removed. Accumulated oil is transferred to secondary holding tanks -- and ultimately tajen to shore. The system works. It has been thoroughly tested, picking up actual crude oil on the ocean from slicks formed by the natural oil seeps in the Santa Barbara Channel. PAGENO="0239" 1557 Prototype equipment has operated successfully in seas three to four feet high, In winds of 12 knots and at towing speeds of 1 to 1 1/2 knots. The CSI Oil Recovery System is anchored in Santa Barbara Harbor. It can be at work cleaning up oil within ten miles of Santa Barbara in less than four hours after callout. CSI's oil spill cleanup plan and oil recovery system are prepared tested and operational. They are standing by 24 hours a day. Like a volunteer fire department, Clean Seas is ready to be called into immediate action by CSI member companies, non-member companies -- or by the government agency responsible. Gentlemen, In the event of an oil spill Clean Seas. Incorporated is ready! PAGENO="0240" 1558 A RESEARCH DESIGN FOR A TECHNOLOGY ASSESSMENT OF OFFSHORE OIL OPERATIONS Offshore Technology Assessment Team Science and Public Policy Program The University of Oklahoma January 1972 PAGENO="0241" 1559 TABLE OF CONTENTS I. Objectives II. Background and Justification . 3 III. Scope IV. Research Questions 5 V. Principal Data Sources 6 VI. Methods and Techniques 8 VII. Time Schedule 11 VIII. Present Status of the Project 12 APPENDICES A. Technologies Axis 14 B. Social Factors Axis 19 C. Offshore Technology Assessment Team 25 77-463 0 -12 - pt. 3 - 16 PAGENO="0242" 1560 A RESEARCH DESIGN FOR A TECHNOLOGY ASSESSMENT OF OFFSHORE OIL OPERATIONS Objectives For a variety of reasons it appears that presently undeveloped U. S. offshore oil and gas resources will be developed. Studies of future energy needs have projected greatly Increased demands;1 industry has made and is making enormous capital investments offshore;2 and our national government as well as the governments of most coastal states are likely to want to supplement other sources of revenues by selling offshore oil and gas leases 1lhere have been numerous studies, two of the most recent are the National Petroleum Council's U. S. Energy Outlook: An Initial Appraisal 1971-1985, (Washington: National Petroleum Council, July 1971), and the Advisory CoiMittee on Energy's Report to the Secretary of the Interior, (Washington: Government Printing Office, June 30, 1971). Most studies, including these two, have relied almost exclusively on trend analysis in determining demand. Most of the studies completed before 1971 failed to take into account concern with environmental quality. These shortcomings are widely recognized and some efforts to rectify them are now under way. (The National Science Foundation, for example, is currently supporting a long term study aimed at developing a more accurate model for forecasting energy demand.) For our purposes, however, projected future demands based on trend analysis and extrapolation are the best available informa- tion sources. 2lhere are a number of Investment indicators that one can use to emphasize this point. One very much to the point is investment in drilling rigs. According to the November 1971 issue of Offshore magazine, the boom in construction of mobile drilling rigs continues to grow. There are now a total of 44 under constructlon--l8 semi-submersibles, 16 jack-ups, 5 ship- shapes, and 5 tenders. Water depths for which these are designed to drill range from 200 to 2000 feet with several of the shipshapes being classified as being unlimited as to depth. The average cost of these rigs is close to 11 million with a range of about 2 million to 20 million dollars. Forty- two of the 44 rigs have been ordered since November 1970 and apparently there would be more orders if yard space were available to build them. We recognize, of course, that these rigs are not being buil.t exclusively for developing U. S. offshore resources. PAGENO="0243" 1561 2 and by receiving royalty income. Of course, it is possible that changed circumstances and/or values could slow or even arrest this trend. However, if demand levels prove to be as high as have been predicted and if the momentum for supplying more of our enerqy needs from offshore continues, it is likely to be very difficult to do more than slow the development of these resources. This being the case, our principal objective in this project is to contribute to achieving a socially equitable national energy policy by helping to provide a broader, more comprehensive information base for making orderly, rational policies for the future development of offshore oil and gas resources. In our effort to contribute to the achievement of these policy goals we are undertaking a technology assessment3 of the technologies and techno- logical alternatives likely to be available for finding, producing, storing, and transferring these resources in the offshore environment: that is, we come to the policy problems through a focus on technologies. Since there are no agreed upon methods and techniques for doing technology assessments, we will be attempting to test and develop one way to do a technology assessment while concomitantly assessing these particular tech- nologies and technological alternatives. Developing a better information base for decision-making can be a futile exercise unless the information is effectively conmwnlcated to those who are going to make the decisions. Therefore, one of our objec- tives is to guard against simply producing another report; we intend to do this by maintaining liaison with governmental, industrial, and other 3We define technology assessment as an attempt to anticipate second and higher order consequences or effects associated with the development and application of particular technologies. PAGENO="0244" 1562 3 interested decision makers and by insuring that the product of our research meets their needs and is effectively communicated to them In summary, then, ours Is a policy oriented objective, to provide a better information base for making decisions in the development of offshore oil and gas resources Our specific purpose in this project is to contribute to the achievement of this objective by undertaking a technology assessment Qf offshore technologies and technological alternatives while testing and developing one way for doing such assess- ments Background and Justification As individuals and as a society we are being made aware almost daily that the development and application of many technologies produce either unanticipated or unintended consequences Such consequences can be either socially beneficial or costly Currently a great deal of attention is being focused on certain accumulated unanticipated or second order consequences that are widely viewed as socially costly and undesirable Several dramatic events during the past few years have alerted society to some of the second order consequences of developing offshore oil and gas resources One result has been to subjett offshore activities to much closer scrutiny than had previously been the case Legislation has been enacted aimed at deterring blowouts, preventing spills, and eliminating undesirable discharges The Secretary of Interior has estab- lished new regulations and guidelines The Coast Guard and Environmental Protection Agency in addition to their regulatory activities, are now supporting equipment research and development programs And the offshore petroleum industry has been and is working to minimize risks and social costs PAGENO="0245" 1563 4 Some effort is being made, then, to deal with already perceived undesirable consequences of state-of-the-art technologies being used to find, produce, store, and transfer oil and gas in offshore areas. But if society is to avoid or minimize undesirable consequences in the future, some attempt must be made to anticipate what future technological developments in the offshore oil industry may be; and an effort must be made to determine and assess the full range of impacts on society that will accompany their development and application. Such an effort to anticipate and assess must of necessity precede orderly, rational policy- making for the development of offshore oil and gas resources. Although ours is to be a reasonably comprehensive projection and assessment of future technologies for the development of offshore petro- leum resources, we are imposing a number of limiting conditions. 1. Questions of alternative sources of oil and gas, alternative energy forms, and alternative energy mixes are not to be treated except as they generally affect the time scale of offshore development. 2. Geographically our study is to be limited to areas offshore Alaska, Puerto Rico, the Virgin Islands, and the contiguous coastal states, these being the areas presently identified by the U. S. Geological Survey as the locations of offshore U. S. sedimentary basins having a favorable petroleum potential. 3. Our projection and assessment will be limited to the technologies likely to be available during approximately the next fifteen years. PAGENO="0246" 1564 5 4. Our projection and assessment will not include tanker tech- nologies except when tankers are used for temporary onsite storage or when distances from shore are sufficiently great to require an examination of tankers as an alternative to pipelines. In ke~pj~g~ with accepted research ptactices, none of these limiting conditions will be treated as inviolable. Research Questions The general policy question militating for a technology assessment such as ours is: How can offshore U. S. oil and gas resources be devel- oped during the next ten to fifteen years so as to maximize social benefits and minimize social costs? We attempt to make this question answerable by reducing it to a series of more specific questions aimed at producing a coherent, comprehensive description of offshore state-of-the-art tech- nologies together with a detailed description and assessment of the tech- nologies likely to be available within the next ten to fifteen years. We have attempted to identify these technologies, present and future, and have constructed matrices placing the technologies on one axis and a series of social, economic, environmental, and legal/political variables on the other. These matrices, which are appended to this research design, are viewed solely as a means for systematically identifying, describing, assessing, and comparing technologies. We do not intend to develop detailed information for each matrix cell. The questions upon which these matrices are based are implicit in the matrices themselves and are formulated so as to: (1) produce physical and functional descriptions of the technologies: (2) identify the social, PAGENO="0247" 1565 6 economic, environmental, and legal/political environments within which they are or will be utilized, and (3) identify the various social, economic, environmental, and legal/political impacts of these technologies. Our research strategy is to focus initially on functional systems, explo- ration and production, for example, as a means for obtaining an integrated overview which is broadly inclusive of these three principal components. We also have attempted to identify major policy issues in order to insure that the results of our study meet the needsof governmental, indus- trial, and other decision makers. Principal Dat~a So~~ The petroleum industry and the ancillary industries and service companies which support it are the principal sources of detailed informa- tion about state-of-the-art technologies and technologies likely to be available during the time period covered by this study. We have estab- lished and maintain contact with several of these companies including Cities Service, Halliburton, Humble (Esso Production Research), The Offshore Company, Phillips, Seismograph Services Corporation and Shell. Initial contact has been made with a number of others. We also have sought the assistance of the National Petroleum Council as a means of identifying and gaining access to sources of these data. Every indication is that the data we require are available and that, except in those instances where overriding proprietary Interests are involved, we will be given access and assistance. Secondary sources for data on technologies include the Navy, Coast Guard, and the Environmental Protection Agency. In several cases the latter two are primary sources of data on safety and accident response PAGENO="0248" 1566 7 tec~hnologies. We have established and maintain contact with both and have had assurances of a willingness to assist. The principal sources of information about the offshore oil and gas public policy-making system are likely to be those who have a role in mak- ing and/or administering policy In this public policy area. To this end, we have established and are maintaining contact with a number of agencies, committees, and other public bodies including the Coast Guard, Environ- mental Protection Agency, the President's Council on Environmental Quality, National Oceanic and Atmospheric Administration, Congressional Research Service, Office of Emergency Preparedness, Office of Science and Technology, Department of the Interior, Department of State, the Senate and House Interior Committees, and the House Committee on Science and Astronautics. We have initiated contact with a number of others and intend to expand these contacts to include participants at the state level as well as additional participants at the national level. Principal sources of data on wildlife include state agencies, sev- eral organizational components within NOAA, and ongoing projects within universities as well as an extensive body of literature. A literature search has been underway for some time and preliminary contacts have been made with several state agencies and the Environmental Data Service. University projects have been identified and contact has been initiated in order to benefit from their results. Data on the effects of oil and gas as well as various discharges and activities associated with finding, producing, storing, and trans- ferring oil and gas in offshore areas will be available primarily from universities and a growing body of literature focusing on these topics. PAGENO="0249" 1567 8 Multiple use data will be available primarily from state and federal agencies with responsibilities for wildlife, coninercial and sport fisheries, mineral production, `shipping, recreation, and business and economic statis- tics. Our expectation Is that most of these data will be available in the form and to the extent necessary for our project. A variety of public Interest groups are potentially sources of impact and multiple use data. A number of these, including several conservation and environmental groups, will be contacted when these data are being collected. Methods and Techniques Our major task is to assess the technologies and technological alter- natives likely to be available during the next fifteen years for developing U. S. offshore oil and gas resources in such a way as to maximize social benefits while minimizing social costs. But, as we have indicated, there is no accepted method for doing a technology assessment and one of our purposes in this project is to attempt to test and develop one way for doing a technology assessment. The way that we intend to test is related 4 directly to our interpretation of the technological society. The distinctive genius of our technological society is organizational and managerial. Our relatively recently acquired capability to develop new technologies on demand has been possible primarily because of the develop- ment of new organizational forms and new managerial techniques. In a very real sense, In the technological society we have substituted organization 4For an interpretation Of the technolpgical society see Don E. Kash and Irvin L. White, "Technology Assessment: Harnessing Genius," Chemical & Engjneerin9 News, (November 29, 1911), pp. 36-41. PAGENO="0250" 1568 9 for a conceptual system. And this is precisely what we are attempting to do in developing our own particular technology assessment capability. We have organized an eight-man interdisciplinary project team com- prised of a marine biologist, three engineers, a lawyer, a physicist, and two political scientists. Financial and other considerations necessitated - limiting the number of specialists to be included in the core team, but the team will make liberal use of consulting specialists when the need arises for expertise not incorporated Into the core team itself. In addition, we have appointed an Oversight Committee to provide guidance and an outside check on the adequacy and quality of our research effort. Two members of the Committee are from industry: Phillip E. Jensen, Pro- duction Manager of Southern Region, Shell Oil Company; and Leo A. McReynol ds, Di rector of Petroleum Products and Envi ronment Conservation, Research and Development Department, Phillips Petroleum Company; two are from government: Robert Kay, Chief of Policy Development Division, Office of the Assistant Administrator for Policy Planning, National Oceanic and Atmospheric Administration; and Vincent E. McKelvey, Chief Geologist, U. S. Geological Survey; two are from universities: Edward D. Goldberg, Professor of Chemistry, Scripps Institute of Oceanography; and Edward Wenk, Jr., Professorof Engineering and Public Affairs, University of Washington; and one is from a public Interest group: John Milton, Acting Director of International Programs, the Conservation Foundation. Our view is that to be successful, our technology assessment activities must produce a collegial product which is greater than the sum of the knowledge and skill of the individual team members. We believe that the way to obtain this kind of research product is to have our inter- disciplinary team members share a common focus on a particular set of technologies. PAGENO="0251" 1569 10 We intend to proceed, then, by having our interdisciplinary project team focus on offshore petroleum technologies. This interdisciplinary team is our substitution of organization for an adequate conceptual sys- tem; but obviously we also need some integrating analytical framework if we are to achieve the reasonably comprehensive overview that we consider to be so essential for infoniiing decision-making in the offshore petroleum policy area. We have chosen a variant of systems analysis as our inte- grating framework. Much of what Is to be integrated will be data collected in extensive field research employing survey research techniques; in addition, in each of the discrete areas of future technology we plan to use a forecasting technique such as Delphi in our attempt to identify offshore technological futures. Forecasting results will be used to improve the questionnaires to be used in our extensive field research; and should we use Delphi, selecting the panel presumably will help us to identify many of the per- sons who should be interviewed In the field. In much of our look at the present and the future, we will use descriptive, hopefully insightful analysis to produce a coherent descrip- tive statement. A strength of our interdiscip1inary approach is that it should maximize the breadth and the quality of the insights and the description. Our look into the future cannot be restricted to technologies but must include an effort to determine how the future looks to those who make and administer policy and to what extent they expect changes In their roles and functions. We must as well determine what legislative, judicial, and administrative changes they foresee. Again, we will employ survey research techniques. PAGENO="0252" 1570 11 Eventually we must synthesize and make comparisons if we are to illuminate differences in social costs and benefits associated with iden- tifiable future technologies It is impossible to say with a high degree of confidence just which analytic techniques will be appropriate largely because the selection of the appropriate techniques is so dependent on the results of preliminary phases of the project Some mathematical modeling likely will be appropriate and hopefully sufficient hard data will be available so that risk and sensitivity analysis techniques can be employed However, while we intend to be quantitative to the maximum extent possible it is very likely that much of our comparative analysis will be qualitative and speculative Our entire research effort will be in vain insofar as our policy goals are concerned if we fail to identify and establish rapport with those who make and administer policies in the offshore oil and gas problem area We must conduct our research in a manner that will build confidence in our impartiality and collective professional expertise And we must devote considerable attention to developing the means for communicating our findings to these persons As we have indicated, most of the commu- nicating will take place as we educate ourselves and collect data We intend to communicate our final results as clearly and as unambiguously as possible Time Schedule While we realize that this project could be continued indefinitely, we take the position that some time limits have to be established and enforced Our tentative schedule is as follows 1 January 1972--review research design with Oversight Committee PAGENO="0253" 1571 12 2. February 1972--complete identification and description of state- of-the-art technologies. 3. June 1972--complete identification and description of future technologies and preliminary analysis. 4. July 1972..-complete comparative analysis and evaluation; meet with Oversight Committee. 5. December 1972--complete preliminary report; meet with Oversight Committee. 6. February 1973--complete final report. In addition, we will report our progress to our NSF project officer quarterly and meet with NSF review panels when scheduled. Present Status of the Project Our research effort began in September, 1971, following the assembling of our core team members at the University of Oklahoma. Since only one of our group was well-informed concerning the petroleum industry, our initial effort was an educational one. With the cooperation of a number of companies and several government agencies, we were able to organize a series of orientation sessions. These included: 1. A General Introduction--Donald Dunlop, formerly Science Advisor to the Secretary of the Interior, and now a private consultant; 2. Exploration--Robert Geyer, Seismograph Services Corporation, Tulsa, Oklahoma; 3. Drilling--F. T. Pease, The Offshore Company, Houston, Texas; 4. Production--Robin Robinson, Esso Production Research, Houston, Texas; PAGENO="0254" 1572 13 5. Storage and Non-Tanker Transportation--Shofner Smith headed a team from Phillips Petroleum Company Bartlesville Oklahoma 6 Safety and Safeguards--H D Van Cleave, Environmental Protec- tion Agency 7 Regulation and Administration--Clancy Hallberg, Coast Guard and 8 Technology Assessment--Joseph Coates, National Science Found- ation. In October Shell contributed to our continuing education by hosting a tour by our team to a number of its facilities including its East Bay Central Facility a free water knockout installation, a drilling platform and a production platform The tour was preceded by an afternoon briefing session We also have been the guests of Halliburton Services on two occasions as a part of our effort to acquire a greater understanding of downhole operations We were briefed on cementing, water and sand control frac- turing, chemical services and electrical, chemical and mechanical re- search. Also we toured their Manufacturing Center. Since September we have been engaged in the state-of-the-art phase which we have indicated that we intend to complete by February 1972 Individual members of the research team were assigned areas of responsi- bility for this phase and each of us has been collecting data Literature searches have been supplemented by field trips and numerous inquiries by letter and telephone PAGENO="0255" 1573 APPENDIX A Technolo~ies Axis ~cpioration Seismic Magnetic Gravimetri c Earth Currents Induced Currents Hydrocarbon Detectors Thermal Detectors Radiation Counters Aerial Photography Logging Core Analysis Analysis Techniques Resource Satellite Dril li~ Platform Fixed Shipshape Barge Submersible Semi.~submersible 14 PAGENO="0256" 1574 15 Jack-up Bouyant Tower Seadrome Production Ocean Floor Production Rig Structure Rotary Drill String Rotary Bits Drilling Mud Bore Deviation Drilling Practices Automatic Operations Operational Decision-Making Casing, Cementing and Sand Control BOP Safety Equipment Personnel Safety Equipment Fishing Equipment Re-entry Equi pment Logging and Coring On-site Power Recompletion Shutdown Jetted Particle Drilling Flexible Drill String Completions and Recompletions Tubular Goods Technology Casing PAGENO="0257" 1575 16 Perforating Cementing and Sand Control Downhole Equipment Above Water Wellhead Equipment Subsea Wellhead Equipment Well Stimulation Completion Practices Multiple Completions Production Well head Equi pment Artificial Lift Processing Power Sources Gathering Lines and Manifolds Measurement and Testing Treatment (Chemical, Sand Control, etc.) Workover Equi pment Secondary Recovery and Pressure Maintenance Accident Prevention Integrated Subsea Production Systems Multiple Well Production Platforms Pipelining Storage and Transportation Pipeline Installation Lay Barge Reel Barge 77-4630-'72-pt.3-17 PAGENO="0258" 1576 17 Pulling Float and Sink Diverless Pipelining Piping Welthng Surveying and Locating Bottom Survey and Inspection Burial Metering and Control Installation Storage Tanker Loading Alternative Transportation Methods Accident Prevention Accident Response Oil Spill Identification Oil Spill Cleanup Fire Control Blowout Control Explosion Reponse Rig Damage Response Marine Damage Control Evacuation and Transportation Radioacti ye Decontamination Marine Rescue Communi cations First Aid Alternate Power Sources PAGENO="0259" 1577 18 Supplemental Weather Services Locating and Positioning Point-to-Point Navigation Submers i bi es Diving Life Support Underwater Welding and Cutting Corrosion Control Transportation Cranes and Material Handling Materials Electron i Cs Fluid Mechanics PAGENO="0260" 1578 APPENDIX B Social Factors Axis Cost and Economics Capital Investment Design Cost Fabrication Costs Operating Costs Licensing Leasing Subcontracting Equipment Support Equipment Data Labor Weather Waste Disposal Royalty Payments Federal Taxation State Taxation Accounting Procedures and Practices Liability Insurance Time Requirements Effectiveness 19 PAGENO="0261" 1579 20 Reliability Research and Development Technological Adequacy Manpower Labor Relations Man-machine Interaction Public Relations Cooperative Arrangements Joint Ventures Data Exchanges Cross Licensing Regulations Management Practi ces ~~g~alJPol itjcal Patents, Licensing, and Exchange Agreements Leasing Bonuses Rentals Royalties Permits Taxation Liability Insurance Contingency P1 anning Other Federal Regulations Other State Regulations PAGENO="0262" 1580 21 International Operations Vol untary Agreements Research and Development Public Relations Public Interest Groups Management Practices Geog~raphi cal Location Geological Weather Water Condition Depth Sea State Turbidity Currents Environmental Sensitivity Public Relations Logistics Management Practices Human Factors Manpower Education Training Health Safety Salaries PAGENO="0263" 1581 Job Satisfaction Man-Machi ne Interaction Labor Relations Public Relations Research and Development Regul ations Liability Insurance Management Practices Environmental Physical Water Air Onshore Human Aesthetic Noise Smell Marine and Coastal Life Invertebrates Fish Reptiles Birds Mammal s Mi cro-organi sms Plants 22 PAGENO="0264" 1582 23 Synergistic Effects Local Community Public Relations Regul ations Liability Insurance Research and Development Management Practices Multiple Use Fisheries Commerci al Sport Birds Marine Mammals Sea Plants Aquacul ture Tidal Wetlands Sea Inhabitation Desalination Pharmaceuticals Recreation Transportation Mineral Resources Harbors Weather Data Collection Waste Disposal PAGENO="0265" 1583 Onshore Economic Development National Security Power Generation Management Practices Developers and Users Research and Development Type Major Companies Independent Companies Supporting Companies Government Size As sets Number of Employees Users Major Companies Independent Companies Supporting Companies Government Size Assets Number of Employees 24 PAGENO="0266" 1584 APPENDIX C Offshore Technology~Assessment Team Don E Kash Director of Science and Public Policy Program and Professor of Political Science, Co-Director Offshore Technol- ogy Assessment Irvin L. (Jack) White . . . . . Assistant Director of Science and Public Policy Program and Associate Professor of Political Science, Co-Director Off- shore Technology Assessment Karl H. Bergey Research Fellow, Science and Public Policy Program and Visiting Professor of Aerospace, Mechanical and Nuclear Engineering Michael Chartock Research Fellow Science and Public Policy Program and Assistant Professor of Zoology Leon Leonard Research Fellow, Science and Public Policy Program and Assistant Professor of Aerospace, Mechanical and Nuclear Engineering Charles Patton Research Fellow, Science and Public Policy Program; Professor of Petroleum Engineering and Director of School of Petroleum and Geological Engineering Stephen N Salomon Research Fellow Science and Public Policy Program and Visiting Assistant Professor of Physics Harold Young . . . . . . . Research Fellow, Science and Public Policy Program and Professor of Law 25 PAGENO="0267" 1585 Testimony of A. Barton Lewis on behalf of Friends Committee on National Legislation before the INTERIOR AND INSULAR AFFAIRS COMMITTEE OF THE U.S. SENATE OVERSIGHT HEARINGS on the ADMINISTRATION OF THE OUTER CONTINENTAL SHELF LANDS ACT, April 18, 1972 My name is A. Barton Lewis. I am President of a mortgage banking company in Thila- delphia, bearing tt'.y name. I am testifying today on behalf of the Friends Committee on National Legislation. While this Committee is widely representative of Friends throughout the United States, it does not attempt to speak for all Friends. Whatever the difference of views among Friends, there is broad agreement that there should be a just international solution to problems of seabed exploitation rather than unilateral national solutions. We wish to respond to the question raised by Senator Jackson's statement in the March 8, 1972, Congressional Record: "What jurisdictional issues remain unresolved regarding: (a) the seaward limits of the OCS?" We also want to comment on the implications of present U.S. outer continental shelf management policy. Present U.S. Management Policy, Apparently, present policy encourages rapid exploitation of the entire continental margin adjacent to United States coasts. This policy, apparently, is based on assumptions that: 1. The United States now owns the seabed of the entire adjacent continental margin. 2. This entire area, far beyond the 200 meter depth line, should be leased rapidly. 3. Exploitation of the outer continental shelf beyond 200 meters depth will have no adverse effect on the wider questions of the law of the sea now being negotiated in the expanded United Nations Seabed Committee. 4. The chief immediate issue is minimizing environmental damage during exploitation. 5. This policy is in the best interest of the United States~ We Disagree Fundamentally We disagree with all of these assumptions. We believe that both the policy, and the assumptions on which, apparently, it is based, seriously damage the interests of the United States, First, we believe, and many international lawyers in the United States agree, that present United States jurisdiction, under the 1958 Geneva Convention on the Continen- tal Shelf, extends only to the 200 meters depth line, since no actual exploitation PAGENO="0268" 1586 2 is now taking place at greater depths We quote from a statement by H Gary Knight Professor of Marine Resources Law at Louisiana University Law Center "I contend that there are no present vested rights in non-living resources of the seabed and subsoil beyond the 200 meter isobath which would be sub ject to `renunciation' by the Draft Convention. The Convention on the Continental Shelf, to which the United States is a party, defines the por- tion of the seabed and subsoil in which contracting states have exclusive natural resource exploitation rights as extending to the 200 meter isobath or beyond that limit to where the depth of the superadjacent waters admits of the exploitation of the natural resources of said areas Since no commercial production of non living resources exists at present beyond the 200 meter isobath and since the mere granting of exploration permits alone could not conceivably meet the `exploitability' criterion of the Convention, no interest in seabed resources beyond the 200 meter isobath has as yet vested in any states party to the Convention, Including the United States. At best such interest is an inchoate right, in the nature of an inheritance., to vest on occurence of a condition. Thus the United States, in agreeing to the regime proposed In the Draft Convention would simply be exchanging an inchoate right for a definite present interest and could in no sense be said to be `giving away' a vested National resource (Testimony of H Gary Knight Tuesday April 11 1972 House Foreign Affairs Subcommittee on International Organizations and Movements paragraph 3 pages 11 and 12 Second while rapid leasing offshore from United States coasts brings some temporary advantages in income, balance of payments, and nearness of oil supplies, this is at the expense of the future when these matters will be even more important due to the increasing energy crisis. A good case can be made that the interests of the United States will be better served by conserving much of these domestic oil resources, than by maximum exploitation now. Future exploitation also should present less danger of environmental damages from pollution Third present exploitation of the outer continental shelf beyond 200 meters depth would seriously ~ the chances for success in current United Nations Seabed Com mittee negotiations and at the proposed 1973 Conference on the Law of the Sea Also it could cause some nations to doubt the sincerity of United States intentions President Truman s 1945 unilateral declaration of jurisdiction over the adjacent continental shelf to a depth of 100 fathoms was the beginning of a series of claims by other nations to jurisdiction out to 200 miles, either completely, or over fishing or seabed resources. The United States' practice of leasing beyond present exploitability already has encouraged other nations to expand their claims to adjacent ocean space This practice also seems to negate both in theory and practice the 1970 United States Draft Seabed Treaty which proposes an outer limit of national jurisdiction at 200 meters depth Can this fail to weaken the position of the United States Delegation to the United Nations Seabed Committee' Leasing beyond present national jurisdiction also ignores the 1969 United Nations resolution declaring a moratorium on exploitation beyond national jurisdiction PAGENO="0269" 1587 -3- John R. Stevenson, the Legal Advisor to the State Department, on January 16, 1970 wrote: "The Res~1utiion is recommendatory and not obligatory. The United States is therefore, not legally bound by it. The United States is, hàwever, re- quired to give good faith consideration to the resolution In determining its policies." Present United States leasing policies, ignoring the United States moratorium de- claration, are likely to injure the United States' negotiating position at the United Nations Seabed Committee. Fourth, while we agree that minimizing environmental damage from seabed exploitation is a vital immediate issue, we believe that replacing present ocean chaos with just and effective ocean law is even more important for future ocean environment and for worldclpeace. Fifth, we believe that the primary ocean interests of the United States are: 1. Peace and security, stability and orderly development, strengthened by just international law and international institutions. 2. Development of energy, food, and hard mineral resources for our needs, and equitable distribution of royalty revenue, especially to develop- ing nations, 3. The protection of the marine environment. 4. Protection of United States rights for navigation, commerce, communica- tion and scientific research. 5. Opportunity and security for American investments and enterprise. We believe that all these interests, with the possible exception of speed in develop- ing resources, are being injured by the present assumptions and policy. We believe that present assumptions and policy hinders agreement on just international law and international institutions, so badly needed to prevent conflict, settle dis- putes peacefully, prevent pollution, and supervise orderly development of ocean re- sources and equitable distribution, of net revenues. They already have encouraged other coastal nations to claim their entire adjacent continental margins. These nations, and the United States, have done this at the expense of the developing nations which lack rich continental margins. This widens the gap between rich and poor nations, and cows the seeds of future strife. Present United States policy is leading toward greater pollution and worldwide damage to ocean environment, through expanding the areas of national jurisdiction at the expense of the international area. It is likely that many coastal nations will be less strict on pollution control than uniform standards established by an international authority. Greater pollution is not in the long term interests of the United States. Our policies encourage "creeping jurisdictional" claims by other nations. While the United States acts as if it owns the seabeds beyond its present national juris- diction, why should not other nations act as though they own the seabed, and also the superadjacent water, or the air above it, as they are doing now? Already this is infringing on United States iights for navigation, fishing, scientific research, etc. Clearly, this is not in the best interest of the United States. PAGENO="0270" 1588 4 We believe that Am~rican ocean investments and enterprise beyond a narrow zone of United States jurisdiction will have a greater opportunity and security under an international authority operating for the common benefit of mankind than under national governments which are often unstable and arbitrary ExproVrfations by Chile now underway graphically illustrate such insecurity for American investments Certainly security would be questionable for companies attempting to defend ex pensive deepsea operations against developers with equalclaims, from other nations. We believe that American corporations will find more success, credability and trust abroad if they cooperate in establishing an equitable system of ocean development it~stead of continuing their present opposition We wonder why oil companies in France Italy and Great Britain are taking an opposite view from many American oil companies Summary In summary prospects for peace fair distribution of ocean resource income ocean environment, and the interests of the United States are being injured by present United States outer continental shelf management policy. As an alternative, we suggest that this policy be reVised to bring it into accord with the proposed United States Draft Seabed Treaty. Specifically, we sugges,t a moratorium on selling any further leases for exploitation beyond 200 meters depth Friends Committee on National Legislation 245 2nd Street NE Washington DC 20002 4/72/T 8 PAGENO="0271" 1589 NOSSAMAN, WATERS, SCOTT, KRUECRR & RIORDAN, Lo8 Angele.~, Calif., April 26, 1972. ~~EE ON INTERIOR AND INSULAR AFFAIRS, ental Shelf 1) ntal S~ -~ r of non-mineral Continental Jolicies of the [ues which were states my views ~r the U.S. Outer ~ic Land Law Review Commission, the Marine ~ special study panels appointed following the Santa iccess in yot~ ROBERT 13. ERUEGER. PAGENO="0272" 1590 * natural rOSOlirCOS. Journal Reprinted from VOL. 10 JULY 1970 THE BACKGROUND OF THE DOCTRINE OF THE CONTINENTAL SHELF AND THE OUTER CONTINENTAL SHELF LANDS ACT Robert B. Krueger the uffiversity at ue~ mexico L school of ia~ I I I NO.3 PAGENO="0273" 1591 - ~ ~- 4u~ Sena~ THE BACKGROUND OF ,THE DOCTRINE OF THE a CONTINENTAL SHELF AND THE OUTER GE~, CONTINENTAL SHELF LANDS ACTt ROBERT B. KRUEGER* (1) ~ TABLE OF CONTENTS Page Contin I. Introduction 442 (1970) Ii. Background of the Outer Continental Shelf Lands Act 452 (2) A. Sub~erged Lands Act 452 Lands. ~ J~945~Truman Proclamation 464 I wa C. Outer COntinental Shelf Lands Act 466 of the D. 1958 Geneva Convention on the Continental Shelf 471 Commif 1. Pre-Convention Claims 471 ments 0 2. Continental Shelf Definition 472 Ot tue ~S the exi 3. Provisions of the Convention 476 Shelf 4. maims Under the Convention 478 5. Recent International Developnients 480 which ~ E. Customary International Law 481 The delj F. May, 1970, Nixon Proposal for the United States Ocean Policy 485 tionby~ I these c~ INTRODUCTION ab~to1 Although much has recently been wr~tten about the "outer con~ uses a4inental shelf" of the United States and international aspects of the ~~J1eve1opment of natural resources in the world's continental shelves not em~jifld the areas beyond, the developments of the past few years, even re~ard~ffhe past few months, justify a further examination of the subject. ~ In February of 1969 the Commission on Marine Science, Engineer~ Barabiring and Resources ("Marine Sciences Commission"), appointed by The Shelf tThe first part of this article, which was written as of May, 1970, provides introductory variou~ and background material regarding the Outer Continental Shelf Lands Act. Part two, which Outer will appear in the October, 1970, issue of the Natural Resources Journal, will evaluate the "Jurise provisions of the Act. If y "Partner, law firm of Nossaman, Waters, Scott, Krueger & Riordan, Los Angeles, Califor- eral Th ala. Chairman, California Advisory Commission on Marine and Coastal Resources; Chair. You man, American Bav~A'~socia.tion Committee on Marine Resources Liaison; member, Advisory ~ Council, Ii ~tittiie on Marine Resources, University of California. 1.~Thi~' definition of the continental shelf under international and federal law has no ~reIhtionship to the geologic definition. To the geologist the continental shelf starts with the upland coastal plain and extends seaward to the brink of the continental slope which typically oocurs at approximately 200 meters (656 feet). Shepard, Submarine Geology, 105 ff. (1948); 1 Shalowita, Shore and Sea Boundaries, 182 ff. (1962); Franklin, The Law of the Sea: Some Recent Developments (With Particular Reference to the United Nations C'on~ J ference in 1958),. 53 Nay. War Coil. BL Bk. Ser. 16 (1961). From the standpoint of inter- i national law, however, the continental shelf begins at the seaward limitof the territorial sea, ~J at least three miles from the low water mark of the coastline, and extends to a depth of 200' -~ meters and possibly far beyond depending upon the technolollical exploitabiity of the area in question. Convention on the Continental Shelf, U.N. Doe. A/Conf. 13/L. 55, Art. 1. The 4 Outer Continental Shelf Lands Act, which is the federal vehicle for the mineral development j of the nation's offshore areas, incorporates the broad scope of international law in providing that it is applicable to the "outer continentalshelf", "all submerged lands lying seaward and ~` outside of [state-owned landsj and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and controL 43 U S C § 133 1(a) (1953) Both the international and the federal definitions may include,- therefore, areas that would be known to the geologists as continental slope, continental rise and continental borderlands, rather than contin~ntal. shelf. It is in this broad sense of a submarine area over whi9h the coastal state has jOrisdiction that the terms "continental shelf" and, in the case of the United States, "outer continental shelf" will be used. 77-463 0- 72 - pt. 3 - 18 PAGENO="0274" 1592 July 19701 OUTER CONTINENTAL SHELF LANDS ACT 443 President Johnson two years earlier pursuant to the Marine Re- sources and Engineering Development Act of 1966,2 reported to the President and Congress in a report entitled Our Nation and ThçSea.3 The basic purpose of the report was to "recommend an overt~l1 plan for an adequate national oceanographic program that will meet1the present and future national needs."4 The proposals made in the re- port have been studied extensively by the federal government and several designed to effect a better management of the coastal zOne are the subject of bills pending before Congress, including proposals for the establishment of a major civilian agency, the National Oceanic and Atmospheric Agency, for the administration of federal civil marine and atmospheric programs,5 and the enactment of a Coastal Management Act to establish policy objectives and authorize grants-in-aid to state Coastal Zone Authorities to plan and manage coastal waters and adjacent lands.6 The Nixon Administration in October of 1969 announced its sup- port of the Commission's concept of coastal zone management and four additional recommendations made by it: the establishment of coastal laboratories, restoration of the Great Lakes, Arctic environ- mental research and the International Decade of Ocean Ex- ploration.7 In the international area there have also been a number of very. significant recent developments. The Marine Sciences Commission recommended in Our Nation and The Sea that the United States "take the initiative to secure international agreement on a redefini- tion of the `continental shelf' for purposes of the Convention on the Continental. Shelf" and that the redefined continental shelf be 2. 33 U.S.C. § § 1101 etseq (1966). 3. Commission on Marine Science, Engineering and Resources, Our Nation and The Sea: A Plan for National Action (1969) [hereinafter cited as Our Nation and The Sea'. 4. 33 U.S.C. § 1104(b) (1966). 5. Our Nation and The Sea, supra note 3, at 29. 6. Id. at 57. The bills introduced, S. 2802, S. 3460, S 3183, H.R. 14739 and H.R. 14731, all provide for grants to coastal states for designated state authorities to develop long-range plans for their coastal zones. After approval of the plans by a federal agency, the state authorities may also be given up to 50% of the cost of implementing their plans. The coastal zone is described in the bills as being limited to the territorial sea or the seaward boundaries of the states which would probably not cover areas, such as the Santa Barbara Channel, which could prevent planning problems. See Hearings on Coastal Zone Management Confer- ence Before the Subcommittee on Oceanography of the House C'o,nm. on Merchant Marine and Fisheries, 91st Cong., 1st Sess. 195 (1969). With due regard to the organic nature of the changes in political structure which would have to be made in order to bring about "NOAA," it is questionable whether we will see it for some time, if at all. There is strong Congressional support for the coastal zone management concept, however, and it is quite likely that federal' legislation on this subject will be successfuL The bills dealing with .t~is concept call for the preparation of a comprehensive coastal zone plan by the coastal state on a matching fund basis. If the plan is then approved by the fe~tera1 government as meeting federal policy objectives in the coastal zone and the state is determined to be institutionally organized to implement the plan, annual grants-in-aid to the coastal state for the cost of implementing the plan are to be authorized. 7. Press Release, Office of the Vice President (October 19, 1969). PAGENO="0275" 1593 NA TURAL RESOURCES JOURNAL [Vol. 10 fixed at a depth of 200 meters or 50 miles from the coastline, which- ever is further.8 Beyond that distance the Commission recommended an "intermediate zone" extending from the redefined continental shelf to the 2500 meter isobath or 100 miles from the coastline, whichever is further. In this zone the coastal states would administer the resources, but proceeds from it would be paid to the "Interna- tional Fund" to be used for the benefit of the poor and developing nations of the world. The governing board of the International Fund. would be determined by the U.N. General Assembly. To administer areas beyond this buffer zone there would be the "Interhational Registry Authority," similar to the World Bank in organization,. which would register the claims of various nations for mineral re* sources and pay the proceeds to the International Fund.9 In 1967 the Mission of Malta to the United Nations proposed a~ resolution'~ which would call for a conference for the drafting of a treaty which would reserve the sea-bed and ocean floor "beyond limits of present national jurisdiction" as a "common heritage of mankind" and provide for their "economic exploitation.. . with the aim of safeguarding the interests of mankind [and using] the net financial benefits derived [therefrom] to promote the development: of poor countries."1 0 This highly controversial proposal found strong support from a number of the smaller and lesser developed countries in the United Nations'' and led to a resolution of the. 1967 United Nations General Assembly creating :an Ad Hoc Com- mittee to Study Peaceful Uses of the Sea-Bed and Ocean Floor Be- yond Limits of National Jurisdiction.'2 This Committee, on which~ both the Soviet Union and the United States were represented, was given a broad mandate to study the entire international organization with respect to the seas `~ During the course of its work in 1968, the 444 8. Our Nation and The Sea, supra note 3, at l4~. . . 9. Id. at 147. . `1 10. U.N. Doc. A/6695, dated August 18, 1967. 11. It also found a substantial amount of support in the United States,. notable in resolution proposed by Senator Poll that included its basic principles. S. Res. 172, 186, 90th Cong. 1st Sess. (1967). See Senate comm. on For. Rel. Report on Governing the Use of Ocean Space, 90th Cong., 1st Sess. (1967) 1-7. The proposal also found support in the Commission to Study the Organization of Peace, the .1967 World Peace Through Law Conference, the Center for the Study of Democratic Institutions and others. See House Comm. on For. Aft., Subcom on Int'l Organizations and Movements, Interim R~port on The United Nations and the Issue of Deep Ocean Resources, H.P.. Rep. No. 999, 80~1 13; Eichel- berger, A Case for the Administration of Marine Resources Under(,ving the High Seas by the United Nations. 1 Natural Resources Law. (No. 3) 85 (1968). 12. 22 U.N. GAOR at U.N. Doe. A/2340 (1967). 13. The Ad Hoc Committee was requested to cooperate with the Secretary-General in the preparation of a study with the twenty-third (1968) session of the U.N. General As- sembly which would include: (1) a survey of the past and present activiites of the United Nations, the specialized agencies, the IAEA [International Atomic Energy Agencyj and other intergovernmental bodies with regard to the sea-bed and the ocean floor, and of existing international agreements concerning these areas; PAGENO="0276" 1594 July 1970J OUTER C'OiVTINENTAL SHELF LANDS ACT 445 United States expressed the view that there should be "an interná- tionally agreed precise boundary for the deep ocean floor" and that no nation should "claim or exercise sovereignty" over it.' ` In December of 1968 the United Nationas General Assembly cre- ated a permanent 42 member Committee with essentially the same framework of responsibility.' ~ During 1969 the Committee consid- ered a number of broad economic, technical and legal issues regard- ing the exploration, exploitation and use of the sea-beds, including (2) an account of the scientific, technical, economic, legal and other aspeéts of tkis item; (3) an indication regarding practical means to promote international co-operation in the, exploration, conservation and use of the sea-bed and the ocean floor, and the subsoil thereof, as contemplated in the title of the item, and of their resources, having regard to the views expressed and the sugges- tions put forward by Member States... , Id. 14. U.N. Doe. A/AC. 135/25 (June 28, 1968); U.N. Doc. A/AC. 135/L. 1, Annex Ill, at 4 (July 16, 1968). The proposal also stated that there should be established "as soon as practicable, internationally agreed arrangements governing the exploitation of resources of the deep ocean floor" which shall include provision for: (a) the orderly development of resources of the deep ocean floor in a manner reflecting the interest of the international community in the develop- ment of these resources; (b) conditions conducive to the making of investments necessary for the exploration and exploitation of resources of the deep ocean floor; (c) dedication as feasible and practicable of a portion of the value of the resources recovered from the deep ocean floor to international community purposes; and (d) accommodation among the commercial and other uses of the deep ocean floor and marine environment... - Id. at para. `2. The proposal stated that the exploitation of the natural resources of the ocean floor would not "prejudice" the location of the boundary to be established. Id. at para. 3. See also Press Release USUN 100(68). In this respect and others it is inconsistent with positions taken by the National Petroleum Council and the American Bar Association. See Report of National Petroleum Council, Petroleum Resources under the Ocean Floor 72 (1969); Joint Report of Sects. of Nat. Res. Law, Int'l and Comp. Law and Standing Comm. on Peace and Law Through U.N., app. ABA at 4 (Aug. 7, 1968). 15. The Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor Beyond the Limits of National Jurisdiction was instructed: / (a) To study the elaboration of the legal principles and norms which would promote international co-operation in the exploration and use of the sea-bed and the ocean floor and the subsoil thereof beyond the limits of national jurisdiction and to ensure the exploitation of their resources for the benefit of mankind, and the economic and pther requirements which such a regime should satisfy in order to meet the interests of humanity as a whole; (b) To study the ways and means of promoting the exploitation and use of the resources of this area, and of international co-operation to that end, taking into account the foreseeable development of technology and the economic implications of such exploitation and bearing in mind the fact that such ex- ploitation should benefit mankind as a whole; (c) To review the studies carried out in the field of exploration and re- seai~ch in this area and aimed at intensifying international co-operation and stimulating the exchange and the widest possible dissemination of scientific knowledge on the subject; [andi . (d) To examine proposed measures of co-operation to be adopted by the international community in order to prevent the marine pollution which may result from the exploration and exploitation of the resources of this area. 23 U.N. GAOR at U.N. Doe. A/2467 (1968). PAGENO="0277" 1595 446 NATURAL RESOURcES JOURNAL [VoL 10 the type of administrative machinery that should be established for the development of natural resources in areas beyond limits of na- tional jurisdiction and the extent of those limits.' 6 The United States indicated that it was in favor of an international regime pro- viding for the administered development of deep ocean resources and international emphasis on a number of goals directed toward greater and more beneficial uses of the marine environment.' ` In December of 1969 following extensive and heated debates in the Sea-Bed Committee and the U.N. First Committee, the United Nations General Assembly adopted a very important resolution over * the actiye opposition of the United States and the Soviet Union and their usual supporting blocs. By a 65-12 vote with 30 abstentions the * General Assembly passed a resolution requesting the Secretary Gen- eral to determine "the desirability of convening at an early date a conference on the law of the sea to. review the regimes of the high seas, the continental shelf, the territorial sea and contiguous zone, * fishing and conservation of the living resources of the high seas, particularly in order to arrive at a clear, precise and internationally accepted definition of the area of the sea-bed and ocean floor which lies beyond national jurisdiction, in the light of the international regime to be established for that area." 8 This resolution is quite 16. See U.N. Doc. A/AC. 138/1 (Feb. 5, 1969), through U.N. Doc. A/AC. 138/20 (Oct. 23, 1969),passim. .17. Ambassador Phillips, U.S. Ambassador to the United Nations, stated on October 31, 1969, that "[b]ecause mere registry of claims would probably only contribute to a con- fused race, it is our view that an internationalregime should include an international registry of claims governed by appropriate procedures." See Press Release USUN-141(69). 18. 24 U.N. GAOR at U.N. Doc. A/2574A (1969). The original version of the resolution was introduced by Malta and called for the Secretary-General to determine the views of member states on the desirability of a conference "for the purpose of arriving at a clear, precise and internationally acceptable definition" of the area beyond limits of national jurisdiction (the "continental shell"~ and the "prospective establishment of an equitable international regime" for such area. U.N. Doc. A/C, L 473 (Oct. 31, 1969), Rev. 2 (Dec. 2 1969). It was then broadened by amendments on which the vote was 50 to 25 with 32 abstentions. The combinations of voters is instructive: In Favour: . . Afghanistan, Algeria, Argen~tina, Barbados, Bolivia, Brazil, Burma, Cameroon, Central African Republic, Ceylon, Chile, Colombia, Congo (Democratic Republic of), Cypms, Dahomey, Ecuador, Ghana, Guyana, Haiti, India, Indonesia, Jamaica, Jordan, Kenya, Kuwait, Lebanon, Libya, Madagascar, Maldive Islands, Mauritania, Mauritius, Mexico, Morocco, Nepal, Niger, Nigeria, Panama, Paraguay, Philippines, Rwanda, Saudi Arabia, Senegal, Sierra Leone, Singapore, Somalia, Southern Yemen, Sudan, Thailand, Togo, Trinidad and Tobogo, Tunisia, Uganda, United Republic of Tanzania, Yemen, Yugoslavia, Zambia. Against: Austria, Belgium, Bulgaria, Byelorussian Soviet Socialist Republic, China, Czechoslovakia, El Salvador, France, Gabon, Hungary, Ireland, Israel, Italy, Japan, Malta, Mongolia,. Netherlands, New Zeala~id, Poland, Portugal, Ro- PAGENO="0278" 1596 July 19701 OUTER CONTINENTAL SHELF LANDS ACT 447 significant in that there has been a considerable effort by the United States and others of the developed powers to avoid a broad scale conference of this type and to endeavor to reach international con- sensus by uniform unilateral declarations of policy.' ~ By a vote of 62-28 with 28 abstentions the General Assembly also passed a resolu- tion providing that nations "are bound to refrain from all activities of exploitation of the resources of the area of the sea-bed and ocean floor, and the subsoil thereof, beyond the limits of national jurisdic- tion."2 ° This resolution, which is of little legal effect,2' nevertheless is quite revealing of the political antipathy of the developing nations mania, Southern Yemen, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United States of America. Abstaining: Australia, Canada, Chad, Costa Rica, Cuba, Denmark, Ethiopia, Finland, Greece, Guatemala, Honduras, Iceland, Iran, Iraq, Ivory Coast, Lesotho, Liberia, Malaysia, Mall, Nicaragua, Norway, Pakistan, Peru, Spain, Swaziland, Sweden, Syria, Turkey, United Arab Republic, United Kingdom of Great Britain and Northern Ireland, Uruguay, Venezuela. U.N. Doe. A/7834 (Dec. 9, 1969) at 11. Note that Malta voted against the amendments. Malta's Ambassador Pardo felt that the amendments made the resolution an "object of controversy" rather than of consensus; he particularly felt that combining living resources with other subjects was an unfortunate "political manoeuvre." U.N. Doe. A/PV. 1833 (Dec. 15, 1969). 19. See Sea-Bed Committee Press Release USUN-36(69) (March 28, 1969) to USUN- 183(69) (Dec. 2, 1969), passim; supra, note 16. 20. 24 U.N. GAOR at U.N. Doe, A2574D (1969). 21. Resolutions of the U.N. General Assembly do not have a formal binding effect upon member states. Articles 10 through 17 of the United Nations' Charter which sets forth powers of the General Assembly provides merely that that body may "discuss," "consider" and "recommend." On the other hand, resolutions of the Assembly can contribute sub- stantially to the general body of customary international law. See Higgins, The Development of International Law Through the Political Organs of the United Nations 5 (1963): Resolutions of the Assembly are not per se binding: though those rules of general international law which they may embody are binding on member states, with or without the help of the resolutions. But the body of resolutions as a whole, taken as indications of a general customary law, undoubtedly provide a rich source of evidence. In Falk, On the Quasi-Legislative Competence of the GeneralAssembly 60 Am. 1. Int'l Law 782; 786 (1966), it is said: In the search for bases of justification or objection it is clear that the resolu- tions of the Assembly play a crucial role-one independent of whether their status is to generate binding legal rules or to embody mere recommendations. The degree of authoritativeness that a particular resolution will acquire de- pends upon a number of contextual factors, including the expectations govern- ing the extent of permissible behavior, the extent and quality of the con- sensus, and the degree to which effective power is mobilized to implement the claims posited in a resolution. With due regard to the interest that the General Assembly and its Committees have taken in this area, formal action by it could have considerable weight in establishing a rule of international law in this area. As pointed out by U.S. AmbassadorChristopher Phillips to the U.N. Sea-Bed Committee on March 6,. 1970, however, Resolution 2467D did not ev- idence consensus but "sharp controversy and substantial division." Press Release USUN-27(70) (Rev. 1) at 6. PAGENO="0279" 1597 448 NATURAL RESOURCES JOURNAL [Vol. 10 toward the great powers on the subject of marine resources. This is also vividly illustrated by the passage of a further resolution adopted by acclamation in the General Assembly referring a "Draft Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Sea-Bed and the Ocean Floor and the Sub-soil Thereof"22 which had been prepared and supported by the Soviet Union and the United States back to the Geneva Con- ference of the Committee on Disarmament because of objections voiced by a number of the smaller nations during debate.2 ~ The General Assembly also passed without objection by the United States or the Soviet Union resolutions requesting the Sea-Bed Committee to expedite its work and prepare a draft resolution stating the principles which it believes should govern the peaceful uses of the sea-bed24 and a resolution requesting the Secretary General to prepare a study on .various types of international machinery for the exploration and exploitation of sea-bed resources.25 With due regard to the foregoing it is predictable that there will be intensified discussions and delibera- tions regarding national and international policy with respect to marine resources in the months and years to come, some of which are now taking place ih the U.N. Sea-Bed Committee.2 6 22. Press Release USUN-142(69) (Nov. 3, 1969). 23. 24 U.N. GAOR at U.N. Doe. A/7902 (1969) adopted by acclamation. 24. 24 U.N. GAOR at U.N. Doc. A/2574B (1969). 25. 24 U.N. GAOR at U.N. Doc. A/2S74C (1969). 26. The United States has indicated that it is in agreement in principle with a United Kingdom proposal that. a regime for the area beyond limits of national jurisdiction (the "continental shelf") be established by treaty or international agreement and that the same should define the area to which it applies. Press Release, supra, note 21, at 2. Any such definition would, of course, necessarily also further define limits of national jurisdiction. The United States further proposed the following as the objectives to be served by the new regime: 1. To encourage exploration and exploitation of seabed resources. 2. To assure that all interested States will have access, without discrimination, to the seabed for the purpose of exploring and exploiting mineral resources. 3~ To encourage scientific research and the dissemination of scientific and tech- nologic information related to seabed resources. 4. To encourage the development of services, such as aids to navigation, maps and charts, weather information, and rescue capability. 5. To provide procedures for the assignment of rights to minerals or groups of minerals in specific areas under terms that protect the integrity of investments in seabed resource development, that encourage economic efficiency in the explora- tion and exploitation of seabed resources, that prevent a race for claims, and that discourage operators from . seeking to hold large areas for purely speculative purposes. 6. To provide for a reasonable return on risk investment. 7. To provide revenue to benefit international community purposes, taking special account of the needs of the developing countries, and to meet the operating expenses of the international body established to administer its provisions. 8. To assure that exploration and exploitation of seabed mineral resources will be carried out in a manner that will protect human life, prevent conflicts between PAGENO="0280" 1598 July 19701 OUTER C'ONTIjVENTAL SHELF LANDS ACT 449 In February of 1969 the Union Oil Company A-2 1 well began its now well-documented spill into the Santa Barbara Channel. This in- cident led to a number of investigations with a view toward the adoption of more stringent requirements for the leasing of offshore lands and for the conduct of drilling and exploration activities thereon. In August of 1969 the Secretary of the Interior adopted regulations requiring tile Director of the Bureau of Lan~1 Manage- ment (BLM) prior to the selection of tracts for lease sale to~"evaluate fully the potential effect of the leasing program on the total environ- ment, aquatic resources, aesthetics, recreation, and other resources in the entire area during exploration, development and operational phases."2 The Secretary further announced that it is "the policy of the Department of the Interior, wI~enever practicable, to afford the public an opportunity to participate in the rule-making process."28 In this regard, the new regulations authorize the BLM Director to hold public hearings to "aid him in his evaluation and determina- tions."2 ~ Lastly, the Director is instructed to "develop special leasing stipulations and conditions when necessary to protect the en- vironment and all other resources."3° The regulations of the Depart- ment of the Interior with respect to operations were also consider- _~.___~_ ~ -.---- ~ ~.,,._. --,-,----~ _. ~ __*_*~. ._,___~ users of the seabed, safeguard other uses of the ocean environment against undue interference, avoid irreparable damage to the environment and its resources, and promote the use of sound conservation practices.. 9. To provide terms and procedures governing liability for damage resulting from exploration and exploitation of seabed minerals so that damage will be adequately repaired or compensated 10. To provide for the stability of rules, and yet for the flexibility to introduce modifications over time responsive to new knowledge and new developments. 11. To provide effective procedures for the settlement of disputes. 12. In the overall, to establish an international regime so plainly viable that States will in fact ratify the treaties establishing it. Id. at 3-5. The Legal Advisor to the U.S. Department of State, John Stevenson, has also indicated that the concept of "a new law of the sea conference or conferences" may be acceptable if issues are dealt with "which were not resolved" at the time of the 1958 conference and "are treated in manageable packages." U.S. Department of State Press Release, No. 49 (Feb. 18, 1970). The interest of the United States and many other countries has accelerated in recent weeks due to Canada's proposed establishment of 100 mile pollution control zones which is particularly relevant to proposed oil shipping through the Northwest Passage. See New York Times, Apr. 16, 1970, at 6, Col. 1 ("U.S. Seeks International Talks on Maritime Passage in Arctic"); The Wall Street Journal, Apr. 16, 1970 ("Department of State Rejects Canada's Claim Over Arctic Waters"); 114 Canada House of Commons Debates, 28th Par!. (No. 97, 2nd Sess.) April 8, 15-17, 1970, 5623, 5936, 5993. The Soviet Union presented a very similar position and set of objectives to the Sea-Bed Committee and noted "[t] he legal rights of all States, developed and developing, had to be protected." U.N. Press Release SB/i, (March 5, 1970). 27. 43 C.F.R. § 3381.4 (1969). 28. 34 Fed. Reg. 9932 (June 27, 1969), See note 107, infra. 29. 43 C.F.R. § 3381.4 (1969). 30. Id. PAGENO="0281" 1599 450 NATURAL RESOURCES JOURNAL [Vol. 10 ably tightened with authority for "major departures" from specified standards being revested in the Washington office of U. S. Geological Survey (U.S.G.S.).31 President Nixon appointed a panel of experts experienced in the scientific aspects of offshore oil drilling following the Saiita Barbara Channel oil spill to make recommendations with respect to offshore leasing and drilling procedures. The panel reported in October of* 1969 and recommended that the Secretary of the Interior make a survey to determine which areas may require more extensive super- vision and more stringent regulations and suggested that there be public hearings before offshore mineral resources are leased. 32 Lastly, the International Court of Justice on February 20, 1969, held in the North Sea Continental Shelf Cases3 ~ that the Convention on the Continental Shelf had not become customary international law, in cases involving the continental shelf boundaries in the North Sea between West Germany and the Netherlands and West Germany. and Denmark. Until this decision a quite strong argument could be made that the Convention and its elastic definition of the continental shelf had become law binding on all nations.34 The decision clearly indicates that there is a doctrine of the continental shelf separate and independent of the Convention in customary international law. This law is applicable to each nation's "natural prolongation [of its] land territory," a concept which developed from President Truman's his- toric Proclamation of 1945 in which we claimed the natural re- sources of the continental shelf for this country.35 The decision complicates and provides uncertainty to an already complicated and uncertain situation. With due regard to the foregoing developments, a reexamination of the Outer COntinental Shelf Lands Act,36 which is our nation's vehicle for the development of the. natural resources of its conti- nental shelf, would appear justified. It should be noted that the writer was the Project Director of a study conducted by his firm for the Public Land Law Review Commission on the Outer Continental Shelf Lands of the United States and that reference is repeatedly 31. 30 C.F.R. § 250.12(b) (2) (1969). 32. Second Report of President's Panel on Oil Spills, Offshore Mineral Resources-A Challcnge and an Opportunity (1969) ui-v. 33. [1969] LC.J. 3. 34. See Interim Rep. Comm. on Deep Sea Mm. Res., Int'l Law Ass'n [Am. Branch] at IX (1968); Young, Tue Legal Regime of the Deep Sea Floor, 62 Am. 2. Int'l L. 641, 643 (1968). See also Scars v. The British Steamer Scotia, 81 U.S. 14 Wall, 170 (1871). Cf Anninos, The Continental Shelf and Public International Law, 138 (1953); Lauterpacht, Sovereignty Over Submarine Areas, 27 Brit. Y.B. Int'l L. 376, 394 (1950); Brown, The Outer Limit of the continental Shelf, lurid. Rev, (Scotland) 111, 138-143 (1968). 35. [1969] I.C.J. at 32-33. See Parts II B and E infra. 36. 43 U.S.C. § § 1331-43 (1953). PAGENO="0282" 1600 July 19701 OUTER CONTINENTAL SI! ELF LANDS ACT 451 made herein to the results of research conducted in connection therewith.3 ~` Before turning to the legal aspects of the continental shelf,~ how- ever, it would be helpful to look briefly at some of the resource aspects involved. The recent intense and wide-spread interest in the offshore stems in large part, perhaps solely in some areas, from the fact that today's technology permits the exploration and develop- ment of many valuable sea-bed mineral resources. The extent of proven offshore mineral reserves, particularly petroleum and sulphur, is considerable and the potential is enormous. There are today ap- proximately 30 nations which have established offshore oil and gas production with aggregate reserves of approximately 85 billion bar- rels or 20% of the world's total reserve figures. On a world-wide basis current offshore production is about 6.5 million barrels per day or 16% of the world's total.3 8 The Department of the Interior has estimated that by 1980 approximately 30% of the oil requirements and 40% of the gas requirements from this country will come from our offshore. ~ Looking at the United States alone, its outer continental shelf is at least 850,000 square miles (from established state limits to a depth of 200 meters) and may .be as large as 1,329,000 square miles (be- tween established state limits and a depth of 2500 meters). Compared with the area of the uplands contained in the United States and its territories of 3,615,000 square miles, its outer continental shelf is 23% and 36% as large, depending upon which measurement is used.4 ° The presently proven reserves of oil and gas on the outer continental shelf are 4.3 billion barrels of oil and 34.2 trillion cubic feet of gas with prospective reserves of an additional 3 to 19 billion barrels of oil and 27 to 97 trillion cubic feet of gas. Sulphur reserves are believed to be approximately 37 million tons.4 These figures do not include state offshore lands, which have to date produced some- thing in excess of 700 million barrels of oil, and areas, such as Prud- hoe Bay, which have immense reserves.4 2 It appears quite clear today that the petroleum resources of the 37. Nossaman, Waters, Scott, Krueger & Riordan, Study of the Outer Continental Shelf Lands of tile United States (1968), [hereinafter referred to as Nossaman OCS Studyl. The Study has been released and is available for purchase through Clearinghouse, 5285 Port Royal Road, Springfield, Virginia 22151. 38. Offshore Oil Enters New Era in the 70't, Offshore Magazine (Jan. 1970) 6 1-63. 39. Id. See also U.S. Dept. mt., United States Petroleum Production Through 1980, 14-18 (1968). 40. U.S. Dept. mt., Petroleum and Sulphur on tile U.S. Continental Shelf (Dec., 1969) 6; 2 Nossaman OCS Study App. 5-A at Appendix 5-A-9. 41. Petroleum and Sulphur, note 40, supra at 51. See also I Nossaman OCS Study, supra note 37. § 5.1. 42. Alaska Oil to Shake Up the Industry, The Oil & Gas Journal, Apr. 20, 1970, at 99. PAGENO="0283" 1601 452 NATURAL RESOURCES JOURNAL [Vol. 10 offshore extend into the continental slope (approximately betweeb depths of 200 and 2500 meters) and possibly into the continental rise (approximately between depths of 2500 and 5000 meters).4 ~ It is, moreover, foreseeable that within the immediate future technol- ogy will permit the development of such resources and even mineral resources in areas far beyond. This factor and the immense poten- tiality of the continental shelves and slopes of the world for other minerals4 ~ have created the heightened interest in the location of offshore boundaries not only as between the states'hnd the federal government but also as between the federal government and the international community.4 ~ This points up one of the most signifi- cant aspects of the development of law with respect to the sea: the evolution of both national and international law has had a direct and perhaps necessary correlation with the development of technology. and the need for exploitation. II BACKGROUND OF THE OUTER CONTINENTAL SHELF LANDS ACT A. Submerged Lands Act Prior to 1947 it was thought that California and the other coastal states owned the land underlying the territorial sea, the so-called three-mile limit. In California, Texas and Louisiana~ there had been substantial offshore oil production established under state leases predicated upon this belief.46 In 1947 the U. S. Supreme Court determined in United States v. California that the federal government had "paramount rights in [and] full dominion over the resources of the soil under that water area, including oil."47 The same principle was confirmed as to other coastal states in succeeding decisions43 which brought about the political pressure that resulted in the Sub- merged Lands Act of 1953,~~ a copy of which is appended hereto as Appendix A. That Act in effect reversed United States v. California by vesting, in the coastal states the ownership of lands "beneath 43. Resources of the Sea, Part One: Mineral Resources of the Sea Beyond the conti- nental Shelf, Report of the United Nations' Secretary-General to the U.N. Economic and Social Council, U.N. Doc. E/4449/Add.1, 14-17 (1968). 44. Id. at 7. 2 Nossaman OCS Study, supra note 37, App. 5-A at 5-A-S 3, S-A-104-10S. 45. See notes 16 and 26 supra. 46. See I3artley, The Tidelands Oil Controversy 68-74, 88 (1953); Krueger, The Develop. ~nent and Administration of the Outer continental Shelf Lands of the United States, 14 Rocky. Mt. Mm. Law Inst. 643, 675-77 (1968). 47. 322 U.S. 19, 38-39 (1947). 48. United States v. Texas,~ 339 U.S. 707 (1950); United States v. Louisiana, 339 U.s. 699 (1950). 49. 43 U.S.C. § § 1301-15 (1953). PAGENO="0284" 1602 July 1970) OUTER CONTINENTAL SIIELF LANDS ACT 453 navigable waters within [their respective] boundaries" which were defined as lands lying within three geographical miles of the "coast line."5 ° It also permitted historic boundaries in the Gulf of Mexico to the extent of three marine leagues (9 miles), which were subse- quently established in the case of Texas and Florida. 5 The Submerged Lands Act defined "coast line" as the line of "ordinary low water. . . and the line marking the seaward limit of inland waters."5 2 Its passage accordingly did not put the federal- state disputes at rest as there remained the question of the standards upon which said lines were to be determined, particularly what con- stituted inland waters. The State of California, for example, claimed that Monterey Bay, the Santa Barbara Channel and other lands lying between the Channel Islands and the mainland were inland waters and that the baseline for purposes of measurement of the three-mile limit extended from Point Conception in Santa Barbara County to the outermost rocks of the Channel Islands (at their furthest point they are some 50 miles from the mainland) thence to Point Loma in San Diego County. In 1965 the United States Supreme Court de- cided to resolve the question by adopting the provisions of the 1958 Geneva Convention on the Territorial Sea and Contiguous Zone, a copy of which appears in Appendix B hereto, for purposes of the Submerged Lands Act. In the words of the Court: This establishes a single coastline for both the administration of the Submerged Lands Act and the conduct of our future international relations (barring an unexpected change in the rules established by the Convention).53 The result was that California's title to Monterey Bay was con- 50. 43 U.S.C. § § 1301(a) and 1311(a) (1953). 51. 43 u.s.c. § 1301(b) (1953). See United States v. Louisiana, 363 U.s. i (1960), rehearing denied, 364 U.S. 856 (1960); United States v. Florida, 363 U.S. 121 (1960). 52. 43 U.S.C. § 1301(c) (1953). 53. United States v. California 381 U.S. 139, 165 (1965). California had contended, quite logically to many, that the Court should restrict itself to legal principles applicable on May 22, 1953, the date of enactment of the Submerged Lands Act. The Court's answer was pragmatic: We do not think that the Submerged Lands Act has so restricted us. Congress, in passing the Act, left the responsibility for defining inland waters to this Court. We think that it did not tie our hands at the same time. Had Congress wished us simply to rubber-stamp the statements of the State Department as to its policy in 1953, it could readily have done so itself. It is our opinion that we best fill our responsibility of giving content to the words which Congress employed by adopting the best and most workable definitions available. The Convention on the Territorial Sea and the Contiguous Zone, approved by the Senate and ratified by the President, provides such definitions. . . . Further. more the comprehensiveness of the Convention provides answers to many of the lesser problems related to coastlines which, absent the Convention, would be most troublesome. 381 U.S. at 164-65. PAGENO="0285" 1603 454 NATURAL RESOURCES JOURNAL [Vol. 10 firmed under the 24-mile closing rule of the Convention, but Cali- fornia lost as to all other major areas which it had been claiming. The holding of United States v. california is a highly unusual one in applying the provisions of a foreign treaty which became effective in 1 964 to domestic legislation adopted in 1953, which, itself, was designed to meet a case originally decided in 1947. The incorpora- tion of the comprehensive provisions of the Convention on the Terri- torial Sea and Contiguous ZOne into domestic law, however, has facilitated the settlement of a number of federal-state title disputes in Alaska and Hawaii,5 ~ and put to rest the long and tedious Cali- fornia litigation which delayed a great deal of significant coastal development. Other cases have alsà stabilized offshore titles of Texas and Florida in the Gulf of Mexico.5 ~ There are, however, a large number of boundary questions remain- ing in Louisiana and Alaska and the Atlantic Coast states.5 6 In addi- tion, due in large part to Maine, in effect, issuing an exploration permit on lands some 80 miles at sea,5 `~ the federal government in 54. In United States v. Alaska, 236 F. Supp. 388 (D. Alaska 1964), it was held that a ten-mile closure rule was applicable to Yakatak Bay, and that the United States owned all lands beyond the three-mile limit in said Bay seaward of the point of closure. Subsequently the U.S. Court of Appeals for the Ninth Circuit reversed the decision on the basis of the holding in United States v. California regarding the 24-mile rule. Alaska v. United States 353 F.2d 210 (9th Cir. 1965). The Hawaii Supreme Court, in Application of Island Airlines, Inc., 384 P.2d 536 (Hawaii 1963), held that an inter-island carrier would not be flying "through airspace over any place outside" of the state within the meaning of the definition of "interstate air transportation" as used in the Federal Aviation Act of 1958, 49 U.S.C. § 1301(21)(a) (1964). The Civil Aeronautics Board then obtained an injunction from the U.S. District Court for the District of Hawaii closing down the carrier's inter-island flights because of the absence of federal certificate. Subsequently Island Airlines, Inc. v. C.A.B., 352 F.2d 735 (9th Cir. 1965), held that inter-island flights over channels between the Hawaiian Islands were flights over the high seas, subject to the authority of the C.A.B. The court relied heavily on United States V. California, stating, "We think United States v. California... supports our conclusion, if it does not require it." The court found that although the boundaries of the state are deter- mined by Congress vis-a-vis international law, Congress, by the Hawaiian Statehood Act, did not establish the channels between the Islands as being within the boundaries of the state. In addition, the high seas between the three-mile limits of the Hawaiian Islands were found to be a "place" within the statute defining the jurisdiction of the C.A.B., thereby making such flights interstate commerce and subject to C.A.B. jurisdiction. See also Island Airlines, Inc. v. C.A.B., 331 F.2d 207 (9th Cir. 1964). 55. See note 51 supra. 56. In 1958 the United States filed suit against Alaska to enjoin state leasing in the Cook Inlet more than three miles from shore or from a 24-mile closing line drawn acress the Inlet. The State seeks to establish that the entire Inlet is within its Jurisdiction as a historic bay. There are many other potentially oil rich areas, such as Bristol Bay, in which similar title disputes are forseeable in Alaska. The highly convoluted and unstable Louisiana offshore has been referred to a special master to determine whether various water areas are inland wpters on the basis of the application of the principles set forth in the Convention on the Territorial Se'f and Contig- uous Zone or on historic grounds. United States V. Louisiana, 394 U.S. 11(1969). 57. On April 26, 1968, the State of Maine accepted for filing an "application to record the staking out of a claim".accompanied by the required statutory fee. PAGENO="0286" 1604 July 1970] OUTER CONTINENTAL SHELF LANDS ACT 455 1969 filed an action in the United States Supreme Court under the title United States v. State of Maine et a!. against all Atlantic Coast states to establish offshore boundaries.s 8 Maine in its Answer to the Complaint of the federal government asserted that it "is now, and ever since its admission to the Union, has been, entitled to exercise dominion and control over the exploration and development of such natural resources as may be found in, on or about the sea-bed and subsoil underlying the Atlantic Ocean adjacent to its coast line to the exclusion of any other political entity whatsoever, including the Plaintiff [United States] (subject, however, to the limits of national seaward jurisdiction established by the Plaintiff)."5 ~ Essentially the same position was taken by the States of Massachusetts, New York, South Carolina, Georgia and Virginia.6 O As will be discussed later, the United States may have asserted jurisdiction over the continental slope off the East Coast which lies as far as 300 miles offshore.6 The claims made by these states, therefore, are quite extensive. The State. of Florida in its Answer claimed "by virtue of its his- toric boundaries,.., the Gulf Stream, wherever the same may be located."62 The State of Maryland claimed "the seabed and subsoil underlying the Atlantic Ocean adjacent to its coastline to the limit of ten tharine leagues [30 miles] ,"6 ~ The State of North Carolina claimed an unspecific distance beyond the territorial sea into the Atlantic Ocean "as being vested in the State of North Carolina through a succession in a chain of title to such lands from the Charter of James I to the Virginia Company in 1606 to the present date." 64 United States v. Maine et al. will very likely lead to a new series of offshore boundary decisions by the Court. With due regard to the highly irregular coastline in portions of the Atlantic Coast (e.g. Maine) and in Alaska, a critical issue when these areas are under consideration will be what constitutes "inland waters" or bays. Even if the standards set forth in the Convention on the Territorial Sea and Contiguous Zone are not met, an area may nevertheless be sub- 58. The Complaint of the United States dated April, 1969, stated "[iJ n the exercise of the rights claimed by it, the State [of Maine] has purported to grant exclusive oil and gas exploration and exploitation rights in approximately 33 million acres of land submerged in the Atlantic Ocean in the area in controversy." 59. Answer of the State of Maine, 3-4 (Sept. 15, 1969). 60. Answer of the Commonwealth of Massachusetts, 4 (Sept., 1969); Answer of tile State of New York, 4 (Sept. 12, 1969); Answer of the State of South Carolina, 4 (Sept, 15, 1969); Defenses and Answer of the State of Georgia, 3 (Sept., 1969); and Answer of the Commonwealth of Virginia, 2 (Sept. 15, 1969). 61. See 135-138 infra. 62. Answer of the State of Florida, 2 (Sept., 1969). 63. Answer of tile State of Maryland, 3 (Sept. 12. 1969). 64. Answer of the State of North Carolina, 4 (Sept. 11, 1969). PAGENO="0287" 1605 456 NATURAL RESOUR~'ES JOURNAL [Vol. 10 ject to claim by the coastal state if historically it was treated as inland waters or the United States applied a "straight baseline" form of measurement to it in determining its territorial sea.6 ~ The conven~ tion makes an exception with respect to "historic" bays and the treatment of these areas by the United States and others of. the community_of nations would be relevant.6 6 In this regard it is clear 65. The Convention on the Territorial Sea and Contiguous Zone, U.N. Doc. A/Conf. 13/L. 52, provides in Article 4: 1. In localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured. 2. The drawing of such baselines must not depart to any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime of internal waters. . . . . 4. Where the method of straight baselines is applicable under the provisions of para- graph 1, account may be taken in determining particular baselines, of economic interests peculiar to the region concerned, the reality and the importance of which are clearly evidenced by a long usage.... Article 7 of the Convention provides for a maximum 24-mile closing distance across bays treated as inland waters, but provides in paragraph 6 that its provisions shall not apply to so-called "historic" bays, or in any case where the straight baseline system provided for in article 4 is applied. Article 12 provides in paragraph 1 that the territorial sea of two States opposite or adjacent to each other shall not extend beyond the median line between the States' respective baselines, but likewise provides an exception where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance with this provision. It should also be noted that Article 9 states in part: Roadsteads which are normally used for the loading and unloading and anchoring of ships, and which would otherwise be .situated wholly or partly outside the outer limit of the territorial sea, are included in the territorial sea. As noted in United States v. Louisiana, 394 U.S. 11(1969), the provisions of the Convention embodied the principle of the Fisheries Case (United Kingdom v. Norway), [1951] I.C.J. 116, in which it was held that Norway properly could draw its baseline for measuring the territorial sea along the tips of thousands of rock ramparts which ring the mainland yet which do not qualify as bays. Id. at 69. The Court held in United States v. California, 381 U.S. 139, 168 (1965), that the choice to use the straight baseline form of measurement is exclusively the federal government's. In the 1969 Louisiana decision, however, it was made clear that the disclaimer of the federal government with respect to this type of measurement would not be binding if inconsistent with its official international stance. 394 U.S. 11, 73 at 11. 97. A similar position was taken with respect to historic bays. Id. at 77. In United States v. Louisiana, 394 U.S. 11, 72, the Court noted that "the straight baseline method was designed for precisely such coasts as the Mississippi River Delta area." This would appear to be equally true for many portions of Alaska and Maine. 66. In Juridical Regime of historic Waters, Including Historic flays, [1962] 2 Y.B. Int'l L. Comm'n 1, 13, U.N. Doe. A/CN. 4/143 (1962), quoted with approval in United Stases v. Louisiana, 394 U.S. 11, 23-24 it is ~aid: There seems to be fairly general agreement that at least three factors have to be taken into consideration in determining whether a State has acquired a historic title to a maritime area. These factors are: (1) the exercise of authority over the area by the State claiming the historic right; (2) the continuity of this PAGENO="0288" 1606 July 19701 OUTER CONTINENTAL SHELF LANDS ACT 457 that activities of the coastal states are to be considered as part of the treatment by the United States.6" See figures 1, 2 and 3 for an application of the provisions of the. Convention on the Territorial Sea and Contiguous Zone to various coastal conditions. 68 exercise of authority; (3) the attitude of foreign States. First, the State must exercise authority over the area in question in order to acquire a historic title to it. Secondly, such exercise of authority must have continued for a considerable time; indeed it must have developed into a usage. More controversial is the third factor, the position which the foreign States may have taken towards this exercise of authority. Some writers assert that the acquiescence of other States is required for the emergence of an historic title; others th3nk tirat absence of opposition by these States is sufficient. 67. In the 1965 California case the Court held that the state's evidence of "continuous and exclusive assertions of dominion" by it over the disputed area was questionable and that in view of this the disclaimer of the United States that any of the disputed areas are historic inland waters was "decisive." 381 U.S. at 175. In the 1969 Louisiana case, however, the Court held that this was not the situation and that state activities should properly be considered in the same context as if a national claim were being made by the United States. It was there said: [Al s we suggested in United States v. California, it would be inequitable in adapting the principles of international law to the resolution of a domestic controversy, to permit the National Government to distort those principles, in the name of its power over foreign relations and external affairs, by denying any effect to past events. The only fair way to apply the Convention's recognition of historic bays to this case, then, is to treat the claim of historic waters as if it were being made by the national sovereign and opposed by another nation. To the extent the United States could rely on state activities in advancing such a claim, they are relevant to the determination of the issue in this case. 394 U.S. at 77-78. From - this it also seems quite clear that claims made by predecessors in interest of the United States as to particular areas and their acceptance by others would be relevant. There is, therefore, the possibility that the treatment accorded offshore areas by England, France, Spain, Russia and others interested in the New World will be relevant. 68. Figure 4 shows "Median Line Boundaries between sovereign states-adjacent coasts and opposite coasts" and suggests that such boundaries are applicable both to the territorial sea and continental shelf of coastal states. It is clear that this is the case under the provisions of the Convention on the Territorial Sea and Contiguous Zone and the Convention on the Continental Shelf. Paragraph 1 of Article 12 of the Convention on the Territorial Sea and Contiguous Zone provides for a median line measurement "failing agreement... to the contrary" except where a different measurement would be called for "by reason of historic title or other special circumstances." This is also true under paragraphs 1 and 2 of Article 6 of the Convention on the Continental Shelf "[I] n the absence of agreement, and unless another boundary line is justified by special circumstances." The North Sea Continental Shelf Cases, [1969) LC.J. 3, 35, however, make it clear that at least insofar as lateral boundaries of the continental shelf are concerned, the median line principle of Article 6 of the Convention on the Continental Shelf does not constitute or evidence customary international law. See Part II.E infra. The World Court indicated, however, that the equidistance concept might well be applicable in the opposite coast situation and within the territorial sea to both opposite coasts and lateral boundaries. In these cases, therefore, the above Conventions might evidence customary international law. Id. at 37. With respect to lateral boundaries oii the continental shelf, however, the median line principle should be accepted as binding only upon signators. The rule under the doctrine of custoinasy international law enunciated in the North Sea Continental Shelf Cases is that the delimitation of lateral boundaries is to be "effected according to equitable principles." Id. at 52. PAGENO="0289" 458 1607 NATURAL RESOVRc'eS JquRNAL [Vol. 10 Source: "Sovurolgoty of the Sot", U.S. Department of State Geographic Bulletin No. 3. Apr11. 1963. 77-463 0 - 72 - pt.3 - 19 PAGENO="0290" Source: "Sovereignty of the Sea", U.S. Department of State Geographic Bulletin No. 3, April, 1965. C Figure 2 THE STRAIGHT BASELINE Along Deeply Indented Coast or One Fringed with Islands TERRITORiAL SEA HIGH SEAS (Also Continental Shelf) INTERNAL WATER SEGMENT OF STRAIGHT BASELINE ,,, OUTER LIMIT OF THE TERRITORIAL SEA U' PAGENO="0291" 1609 460 NA TURAL RESOURCES JOURNAL [Vol. 10 Figure 3 MEDIAN LiNE BOUNDARIES Between Sovereign States * Adjacent Coasts * Opposite Coasts * I -- Souzce: "Sovcielgnty of the Sea', U.S. Department of State Geographic Bulletin No. 3, April, 1965. PAGENO="0292" 1610 July 1970) OUTER C'ONTINLVTAI SHElF LANDS\ACT 461 The M'une and Al'iska situations have also led to negotiations md could possibly lead to litigation of the type involved in the North Sea continental Shelf cases6 ~ -i.e., litigation dealing with the deliniita- tion of lateral boundaries of tile territorial sea and continental shelf. On February 12, 1970, the U.S. Department of State se~rved public notice that it does not acquiesce in the assertions of jurisdiction made bS' Canada in the ownership of Georges' Bank lying between Massachusetts and Nova Scotia.7 O It is expected that the United States will press for a boundary that will follow the geologic features of the continental shelf undei the "equitable punciples" concept of the North Sea Continental Shelf Cases7' and that Canada will advo- cateamedian line division.72 - 69. Id. 70. 35 Fed. Reg. 3301 (1970), in which it is said: [N) otice is hereby given that the U.S. Government has refrained from authorizing geologic exploration or mineral exploitation in the area of the Georges Bank continental shelf. Pending agreement on the delimitation of the continental shelf in the Gulf of Maine, the U.S. Government does not acquiesce in or recognize the validity of permits or other authorizations issued by the Government of Canada to explore or exploit the natural resources of any part of the Georges Bank continental shelf, and reserves its right and those of its nationals in that area. 71 In the North Sea Continental Shelf Cases [1969) I C J 3 it is said that customary international law imposes an obligation among coastal states to negotiate the limits of their respective continental shelves on the basis of "equitable principles." Id. at 47, 51. With respect to the factors relevant to such principles the Court said: In fact, there is no legal limit to the considerations which States may take account of for the purpose of making sure that they apply equitable procedures, and more often than not it is the balancing-up of all such considerations that will produce this result rather than reliance on one to the exclusion of afl others. The problem of the relative weight to be accorded to different considerations naturally varies with the circumstances of the case In balancing the factors in question it would appear that various aspects must be taken into account Some are related to the geological others to the ~ geographical aspect of the situation others again to the idea of the unity of any deposits. These criteria though not entirely precise can provide adequate bases for decision adapted to th~ factual situation. The appurtenance of the shelf to the countries in front of whose coastlines it lies, is... a fact, and it can be useful to consider the geology of that shelf in order to find out whether the direction taken by certain configurational features should influence delimitation because, in certain localities, they point-up the whole notion of the appurtenance of the continental shelf to the State whose territory it does in fact belong. Another factor to be taken into consideration in the delimitation of areas of continental shelf as between adjacent States is the unity of any deposits. The natural resources of the subsoil of the sea in those parts which consist of continental shelf are the very object of the legal regime established subsequent to the Truman Proclamation. Yet it frequently occurs that the same deposit lies on both sides of the line dividing a continental shelf between two States, and since it is possible to exploit such a deposit from either side, a problem PAGENO="0293" 1611 462 1VLTUR.4L RESOURCES JOURNEIL [Vol. 10 One very important aspect of the 1 965 decision in United States v. (`alijoriiia was that it created an ambulatory boundary between the federal governineiit LIlld the VilfiOUS states by provjdiiig that it fliOVC(l "with natural moditications to the shoreline" as ~vell as with lands "eticlosed Or rL'chliIlled b~' means 01 artiticial structures.''7 ~ It also pR)vided that the boundary was to be measured [toni "the outermost permanent harbour works."7" Thus, the filling of a parcel of tide- lands, the construction of a harbor facility or natural accretion, which occurs on large scale in some areas such as Louisiana, could increase the coastal state's ownership of the offshore. Texas and Florida as to the Gulf of Mexico are exceptions to this rule; the U.S. Supreme Court held that because they wished to claim the three marine league distance on the basis of historic title that they were smmediateiy arises on account of a deposit from either side, a problem immediately arises on account of the risk of prejudicial or wasteful exploitation by one or other of the States concerned. A final factor to be taken account of is the element of a reasonable degree of proportIonality which a delimitation effected according to equitable principles to bring about between the extent of the continental shelf appertaining to the States concerned and the lengths of their respective coastlines,- these being measured according to their general direction in order to establish the necessary balance between States with straight, and those with markedly concave or convex coasts, or to include very irregular coastlines to their truer proportions. id. at 51-53. 72. Canada is not a signatory to the Convention on the Continental Shelf, as is the United States, but has in the past considered it to evidence customary international law binding upon it and all nations. Paper, Judge 1'. G. Norris, Q. C. of Canadian Ocean Policy Task Force, to Pacific Northwest Trade Association (April 22, 1969). Even if the Convention is applicable, however, Article 6 would seem to impose an obligation to negotiate in good faith for an agreement on the subject and either party could contend that "special circumstances" were present which justified a boundary other than the median line. See note 68, supra. See also Uanada, US. to Begin Talks on Outer Shelf Boundaries, The Oil and Gas Journal, March 23, 1970 at 26, 28. 73. 381 U.S. at 176-77. The Convention on the Territorial Sea and Contiguous Zone contains no provision directly supporting the Court's holding regarding artificially filled areas. Article 3 of the Convention, however, provides that "the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts ofticiahly recognized by the coastal State" which indirectly supports the holding. The Court appeared to rely principally on the ruling of the Special Master that lands so enclosed or filled belonged to California because such artificial changes were clearly recognized by international law to change the coastline. Furthermore, the Special Master recognized that the United States, through its control over navigable waters, had power to protect its interests from encroachment by unwarranted artificial structures, and that the effect of any future changes could thus be the subject of agreement between the parties. 381 U.S. at 176. 74. 381 U.S. at 1'/S. `[he Court expressly adopted Article 8 of the Convention which provides: lor the purpose of delimiting the territorial sea, the outermost permanent harbour works which form an integral part of the harbour system shall be regarded as forming part of the coast. PAGENO="0294" 1612 July 1970) OUTER CONTINENT/il. SI/ELF LAJVDS ACT 463 bound by coastline conditions as they existed as of the time of admission to the Union `~ Th~ conccpt of an imbul ftoty bound ~ry is sound one I torn m intcrn~ttion ii st lfl(lpoint If thc Unitcd St ftcs 01 my othci country increases its land mass artificially, there are good reasons, such as ii ition ~l dcfcnsc, foi extcnding its tci i itoi iii sc't ~tppiopi I itcly It is not, however, a good rule of law with respect to federal-state rela- tionships. It could lead to further federal-state litigation over bound- aries and title and may have an inhibiting influence on beneficial coastal developments.7 6 It has been recommended that the federal government and the various states adopt appropriate legislation to fix theft offshore boundaries.7 ~ Even within the area as to which title was confirmed to the coastal states under the Submerged Lands Act, the federal government has reserved a number of veiy signific'int powcrs The United Statc5 retained as "paramount to" the lands and natural resources con- firmed unto the coastal states "all its navigational servitude and rigl1ts in and powers of regulation and control of said lands and navigable waters for the constitutional purposes of commerce, navigation, national defense, and international affairs."7 8 In addition the Act provides that nothing contained in it "shall affect the use, development, improvement, or control by or under the constitu- tional authority of the United States of lands and waters for the purposes of navigation or flood control or the production of power, or be construed as the release or relinquishment of any rights of the 75. See note 51 supra. 76. The ambulatory boundary concept is unfortunate in that it imposes upon the Secretary of the Army and the Chief of Engineers (Corps of Engineers), who under 33 U.S.C. § § 401 and 403 (1899) have been traditionally empowered with rights over n-tvig-ition and required by law to consider projects in light of thiir iffect upon free navig-Ition a duty to consider projects in light of their effect upon title and national interests in the federal v state context a task for which they arc questionably suited 77 The Court in United States v Louisiana 394 U S ii 34 (1969) held that notssithstanding the constantly shifting location of I ouisiana s co-istline it was to be dLteimlned in accordance with the same stand tids appla.able to California s those set foith in the Convention on the Territorial Sea and Contiguous Zone. The Court noted, however, fI) f the inconvenience of an ambulatory coastline proves to be substantial, there is nothing in this decision which would obstruct resolution of the problems through appropriate legislation or agreement between the parties. Such legislation or agreement might, for example, freeze the coastline as of an agreed-upon date. Id. The Marine Sciences Commission in Our Nation and The Sea (supra, note 3) rccomrnen&d th it Con,ress cst iblish a N itional Seaslior. Boundary Coninussion to fix the baselines from svlijch to measure the territorial sea and areas covered by the Submerged Lands Act of 1953 and to determine the seasvard lateral boundaries between the States." Id. it 63 A similar proposal c-tiling for both f~kral md state k~,islation w is ilso in ide in 1 Nossamaii OCS Study,cupra note 37,at §~ 11.52, 12.55. 78 43 USC § 1314(4(1953) PAGENO="0295" 1613 464 NA TURAL RESOURCES JOURNAL [Vol. 10 United States arising under the constitutional authority o Congress to regulate or improve navigation, or to provide for flood control, or the production of power."1 ~ Such broad retained interests could materially deter the development of lands under state jurisdiction for non-mineral purposes, such as the construction of offshore islands, and possibly also for mineral development.8 0 The Submerged Lands Act then, determines the area in which state offshore leasing is authorized. Outside of that area it is clear that the federal government has exclusive authority. The Suhnierged Lands Act states: Nothing in this Act shall be deemed to affect in any wise the rights of the United States to the natural resources of that portion of the subsoil and seabed of the Continental Shelf lying seaward and outside of the area of lands beneath navigable waters, as defined in section 2 hereof, all of which natural resources appertain to the United States, and the jurisdiction and control of which by the United States is hereby confirmed.8 It further is clear that the United States claimed an extensive conti- nental shelf area ~beyond the territorial sea even prior to the passage of the Submerged Lands Act in 1953. 13. 1945 Truman Proclamation Prior to 1945 there was no internationally recognized appropria- tion or right of appropriation to submarine areas outside of a na- tion's territorial sea, whether the areas were continental shelf or otherwise. There was a great deal of interest, particularly in the United States, regarding the offshore development of oil and gas, but it was directed largely to lands underlying the territorial sea, the three-mile coastal belt. In 1945, however, President Truman issued his landmark proclamation (see Appendix C) in which he expressed the view that "the exercise of jurisdiction over the natural resources of the subsoil and sea bed of the continental shelf by the contiguous nation is reasonable and just" and proclaimed the Government of~ the United States regards the natural re~ sources of the subsoil and sea bed of the continental shelf beneath 79. 43 U.S.C. § 1311(d) (1953). The Act also provides "all structures and improvements constructed by the united States in the exercise of its navigational servitude" are excepted from the Act's operation. 43 U.S.C. § 13 13(c) (1953). 80. It is quite clear that any lands or interests therein taken by the federal government pursuant to its reserve powers would be non-compensable irrespective of the breadth of the taking. See United Statesv. Rands, 389 U.S. 121, 122-23(1967); United Statesv. Twin City Power Co., 350 U.S. 222 (1956); United States v. Appalachian Electric Power Co., 311 U.S. 377, 427 (1941); United States v. Chandler-Dunbar Water Power Co., 229 U.S. 53 (1913). See also Nossainan OCS Study § 3.22. 81. 43 U.S.C. § 1302 (1953). PAGENO="0296" 1614 July 1970J OUTER ~ONT!NENTi1 L ShELF LANDS ACT 465 the high seas but contiguous to the coasts of the United States as appertaining to the United States [and] subject to its jurisdiction and control.82 At the same time President Truman iSSued Executive Order 9633 ~ `luch oideied tint the n itui ii icsources of the continent ii shelf contiguous to the Co ists of the United St ttcs [bel placed undei the junsdiction `md control of thc Sccict uy of the Inturioi foi admtmsti itive puiposes, pending the cn tctmcnt of legislation in ieg'ud theieto "83 It is clear that the term "continental shelf" as used in the Truman Proclamation was Intended to be interpreted in its geologic sense.8 ~ In this sense the continental shelf consists of the natural prolonga- tion of the coastal plain of the continental land mass at least to the pomt at which it becomes continuntal slope and drops sh'mrply off to the `ibyssal plains This point typically occurs at 600 feet 01 100 fathoms, as indicated in a White House piess ide ise issued con tempoianeously with the Piochm'ition 85 This is meiely a geologist's rule of thumb, however, and there is no evidence in the history of the Trumin Pioclanntion indicating an intention to aibitranly re strict the generic classification of continental shelf contained therein. It thus appears clear that the Proclamation was intended to cover areas such as the "continental borderland" off Southern California v~ hich it points lie much deeper thin 200 meteis, but which are gcologically identifiable as a border of the continentil land mass 8 6 As will be discussed in greater detail later in connection with the ._.~._. ___. __.__ _. .~_ _-~_, ~___ 82. Proclamation No. 2667, 3 C.F.R. 67, 68 (1943-1948 Conip.). 83 3CFR 437(l943l948Coinp) 84 Se~ 4 M Whiteman Digest of lnternthonal Law 752 (1965) 85. \Vhite House Press Rd., (Sept. 28, 1945), 13 Dep't State Bull. No. 327, at 484 (Sept. ~O 1945) The definition of Contincntai Shelf Shelf Fdgt. and Borderland appioved by th~ -International Committee on the Nomenclature of Ocean Bottom Features is as follows: The zone around the continent extending from the low water line to the depth at which there is a marked increase of slope to greater depth. Where this increase occurs the term shelf edge is appropriate Conventionally the edge is taken at 100 fathoms (or 200 metres) but instances axe known where the increa% of slope occuis at mon. than 200 or less than 65 f'ithoms When the zone below th. water line is highly irregular md includes depths well in excess of those typical of continental shelves the term continent ii borderland is appropriate. 1 Y.B. Int'l L. Comm'n 131 (1956). This definition was used during the 1958 Law of the Sea Confetence winch led to the Convention on the Continental Shelf, discussed in part II D infra. See North Sea Continental Shelf Cases [1969J I.C.J. 3, 5!; Franklin, supra, note 1 at 17. 86. The controlling factor in determining whether an offshore area is continental shelf in the geologic sense should be whether the area is a natural extension of the continental land in iss and is interior of the continental slope S'ee K 0 1 mery The Set Ott Southern California 5, 325 (1960); P. Keunen, Marine Geology lOS, 158, 162, 339 (1950); F. P. Shepard Submarine Geology 288 89 425 (2d ed 1963) bfraiiiiçs on ~ 1901 bfo,e the US Senate c'onz,n on Interior and Insular Affairs 83id Cong 1st Sess 210 213 (1953) PAGENO="0297" 1615 466 N~l TURi1 L RESOURCES JOURIV~l L [Vol. 10 Convention on the Continental Shelf and the doctrine of the conti- nental shelf in customary international law, a strong argument can be made that the geologic concept of the continental shelf includes the continental slope which generally extends to 7500 meters.8 ~ \Vhether or not the Truman Proclamation was intended to cover this area when originally issued is doubtful in view of the state of tech- nology at that time. At the present time, however, the premises and purposes of the Truman Proclamation are in most respects applicable to the continental slope and lend support to claims made to it by the coastal state. 83 C Outer continental Shelf Lands Act The Outer Continental Shelf Lands Act8 ~ was also adopted in 1953 as a companion measure to the Submerged Lands Act. It was the first federal act authorizing the leasing of offshore lands and created a comprehensive system_dealing with all such lands which 87. See text accompanying notes 123, 151 iizfra. 88. The premises of the Truman Proclamation, discussed in part II B infra, are (1) l'he United States believes that "efforts to discover and make available new supplies [of petro- leum and other minerals] should be encouraged"; (2) There is expert opinion that "such resources underlie many parts of the continental shelf off the coasts of the United States of America, and that with modern technological progress their utilization is already practicable or will become so at an early date"; (c) "[R] ecognized jurisdiction over these resources is required in the interest of their conservation and prudent utilization when and as develop- ment is undertaken"; and (4) "[TI he effectiveness of measures to utilize or conserve these resources would be contingent upon cooperation and protection from the shore, since the continental shelf may be regarded as an extension of the land-mass of the coastal nation and thus naturally appurtenant to it, since these resources frequently form a seaward extension of a pool or deposit lying within the territory, and since self-protection compels the coastal nation to keep close watch over activities off its shores which are of the nature necessary for utilization of these resources." Proclamation No. 2667, 3 C.F.R. 67-68 (1943-1954 Comp.). It today clearly appears that petroleum resources of the continental shelf may extend into the continental slope in the same fashion as those of the territorial landmass were believed to extend into the shelf at the time of the Truman Proclamation. See notes 43 and 44 supra; U.S. Geol. Survey, Preliminary Map Potential Petroleum Resources, World Subsea Mineral Resources, Map 1-6 32 (1969). It is also equally clear that petroleum resources of the conti- nental slope and rise are or will in the near future become technologically exploitable. In the National Petroleum Council report, note 14 supra, at 8 it is stated that within five years technology ~vil1 allow drilling and exploitation into water depths up to 1500 feet and within ten years to 4000 to 6000 feet. Further, the interests of the coastal states in the conserva- tion, use and protection of offshore resources would seem almost as direct and substantive as that of the coastal states in the continental shelf. It would appear to have been for this reason that the Marine Sciences Commission recommended an "intermediate zone" extend- ing froni its proposed redefined continental shelf to essentially the foot of the continental slope in which the coastal state would administer the resource. See Our Nation and The Sea at 151; note 8 supra. 89. 43 U.S.C. § § 1331-43 (1964). The codification in United States Code omits § § 13, 16 and 17 of the original Act. Sections 16 and 17 relate to appropriations and separability, respectively; § 13 revoked Executive Order No. 10,426 which set aside the submerged lands of the continental shelf as a Naval Petroleum Reserve. See Appendix D. PAGENO="0298" 1616 July 1970] OUTER CONTINENTAL Si/ELF LANDS ACT might be chimed by the United Statcs Scction 3 of the Act states in part: It is hereby declared to be the policy of the United States that the subsoil and seabed of the outer Continental Shelf appertain to the United States and are subject to its jurisdiction, control, and po~ver of disposition as provided in this Act.9 ° Congress was `iw ie th it continent ii shUt' `is used in its oolo~ic sense cxtended only to I trids lying interior of the geologic s1ope,9 but the Act was not restricted to those lands. The term "outer Con- tin~nt'il Shelf" was &fined in Section 2 `is including all submerged lands lying seaward and outside of the area of lands beneath navi- g ible waters [title to which was confirmed unto the co'istal states by] the Submerged Lands Act. . . and of which the subsoil and seabed appertain to the United States and are subject to its jurisdic- tion and control."9 2 It is clear, therefore, that the Act applies to all lands properly claimed by the United States under intern?tional law \~hLther `is continental shelf, continental slope or otherwise ~ For this Icason the Act itself does not constitute an ass~~rtion of jurisdic tion by the United States as to any particular offshore area. It is best viewed as a legislative implementation of the 1945 Truman Proclama- tion.94 \Ve will in some detail later analyze the operation of the Outer Continental Shelf Lands Act.9 ~ Its basic provisions will, however, briefly be set forth here. The Act authorizes leasing only for the purpose of mineral de- velopin~nt There is not no~ any provision of federal la\~ which `~ ould authorize the leasing or use of the outer continental shelf by thc piivfte sector for other puiposes, such as the construction and 467 90. 43 U.S.C. § 1332(a) (1964). 91. S. Rep. No. 411, 83rd Cong., 1st Sess. 2, 4-7, 211-224 (1953); H.R. Rep. No. 413, 83rd Cong., 1st Sess. 2, 6-7 (1953). See Stone, United States Legislation Relating to the (`ontinental Shelf, 17 Int'l & Coinp. L.Q. 103, 112 (1968). Cf. Christopher, Tize Outer contine,,tal Shelf Lands Act.; Key to a New Frontier, 6 Stan. L. Rev. 23, 26 (1953). 92. 43 U.S.C. § 1331(a) (1953). ~`f The language of the Truman Proclamation: "the United States regards the natural resources of the subsoil and sea bed of the continental shelf. . . as appertaining to the United States, subject to its jurisdiction and controL" Pres. Proc. No. 2667, 3 C.F.R. 67 (1943-1948 Comp., 1945). 93. See Parts II D 4 and II E infra. See Memorandum Opinion (M36615/94127-61) from Assoc. Solicitor, Dcp't Interior to Director BLM (May 5, 1961); Barry, The Administration oft/ic Outer continental Shelf LandsAct, 1 Natural Resources Law. (No. 3) 38,46 (1968). 94. S. Rep. No. 133, 83rd Cong., 1st Sess. 2 (1953), stated that the Act was to give "the weight of statu tory law to the ji~risdiction asserted by the proclamation of the PresiJent of the United States in 1945." 95. See Part HI infra, which sviil appear in the October, 1970, issue of the ~Vatural Resources Journal. PAGENO="0299" 1617 468 NA TURAL RESOURCES JOURNAL IVol. 10 maintenance of offshore islands and the permanent mooring of struc- tures used for non-mineral purposes.9 6 The Act provides for competitive bidding on all mineral leases with the requirement as to minerals other than oil and gas that the same be on the basis of the highest cash bonus and provide for such royalty, rental and other terms as the Secretary may fix.9 `~ Bidding on oil and gas is permitted to be either on the basis of cash bonus or royalty at the discretion of the Secretary of the Interior with royalty to be not less than 1 2½% in any case. The Act provides that oil and gas leases shall cover not more than 5760 acres and shall be for "a period of five years and as long thereafter as oil or gas may be produced from the area in paying quantities, or drilling or well re- working operations as approved by the Secretary are conducted thereon [and] contain such rental provisions and such other terms and provisions as the Secretary may prescribe at the time of offering the area for lease."9 8 Section 4 of the Act extends the "Constitution and laws and civil and political jurisdiction of the United States" to "all artificial islands and fixed structures which may be erected thereon for the purpose of exploring for, developing, removing and transporting re- sources therefrom, to the same extent as if the outer Continental Shelf were an area of exclusive Federal jurisdiction located within a State."9 ~ In addition the Act adopts as "the law of the United States for that portion of the subsoil and seabed of the outer Continental Shelf, and artificial islands and fixed structures erected thereon" the "civil and criminal laws of each adjacent State" as of the effective date of the Act, August 7, 1953, to the extent the state laws are not inconsistent with the Act or other federal laws and regulations.1 00 Lastly, the Act further extends the "authority of the Secretary of the Army to prevent obstruction to navigation in any navigable waters of the United States. . . to artificial islands and fixed struc- tures located on the outer Continental Shelf" 0 l and states that it is 96. Compare Cal. Pub. Res. Code § 6501.1 (West 1956), authorizing the leasing by the State Lands Commission of tide and submerged land "for such purpose or purposes as the commission deems advisable, including but not limited to.. . leases for commercial or industrial purposes." 97. 43 U.S.C. § § 1337(c)-(e) (1953). 98. 43 U.S.C. § § 1337(a)-(b) (1953). 99. 43 U.SC. § 1333(a) (1) (1953). 100. 43 U.S.C. § 1333(a)(2) (1953). lOt. 43 U.S.C. § 1333(1) (1964). Recently in United States v. Ray, 294 F. Supp. 532 (S.D. 1~la. 1969) the construction of two island nations on a reef approximately four and one-half miles offshore the southeast coast of Florida was held unlawful in the absence of Federal permits under the provision of the Act and a permanent injunction issued. On PAGENO="0300" 1618 July 19701 OUTER CONTINENTAL ShELF LANDS ACT 469 to be "construed in such manner that the character as high seas of the waters above the outer Continental Shelf and the right to naviga- tion and fishing therein shall not be affected." 0 2 An express exten- sion of the Secretary's powers in this ieg'trd was nucessaiy b~cause the Riveis `md lI'iibois Act of 1899 is limited to navigable waters of tl1e United States "103 The Act authorizes ieservitions of vaiious kinds, including the right of the President to "withdraw from disposi- tion any of the unleased lands of the outer Continental Shelf" at any time. 104 One aspect of the Act that is quite noticeable today is that it contains no provisions indicating any real concern for or even aware- ness of values or uses other than mineral ones1 OS and that it provides no procedure for the weighing of and determination of priorities among such values and uses. This is perhaps understandable in light of the history of the Act There is abundant evidence that the pci mary, perhaps controlling, purpose of the Act was to authorize and encourage the development of the vast reserves and highly potential prospects of oil and gas on the outer continental shelf. The Act itself states that the leasing power of the Secretary of the Interior was authorized ` [i] n order to meet the urgent need for fuither explora tion aiid development of the oil and gas deposits of the submerged lands of the outer Continental Shelf." 06 The absence of a procedure to determine and iesolve conflicts of multiple use on the outer continental shelf has, however, become less understandable with the passage of time and the obvious growth and importance of non-mineral uses and values. Today the public reaction to the Santa Barbara oil spill and the growing number of other inci- dents of offshore pollution would seem to render continued legisla- tive inaction impracticable.1 0 7 Even if practicable, however, it is question'mble whether it is today excusable in light of the clear ldentL appeal the judgment was affirmed with the Fifth Circuit Court of Appeals noting "[n] either ownership nor possession by [the United States of the lands in questionj is a prerequisite for tile granting of injunctive relief." 423 F. 2d 16, 22 (1970). 102. 43 U.S.C. § 1332(b) (1964). Cf. Article 3 of the Convention on the Continental Shelf, infra, note 132. 103. 33 U.S.C. § 401 (1964). 104. 43 U.S.C. § 1341(a) (i964). The Act also authorizes the President at any time to "withdraw from disposition any of the unleased lands of tile outer Continental Shelf," but this has been used only in the case of the establishment of the Key Largo Coral Reef Preserve. Pres. Proc. No. 3339, 3 C.F.R. (1959-1963 Comp., 1960). See 1 Nossainan OCS Study, supra, note 37, § 4.68. 105 See t~t accompanying note 96 siipia md note 128 infia 106. 43 U.S.C. § 1337(a) (1964). Similar language was used with respect to sulphur deposits. 43 U.S.C. §* 1337(c) (1964). 107 See Los Angeks Times fiom January 29 1969 to ApiiI 1 1970 passun, PAGENO="0301" 1619 470 NA TURAL RESOURCES JOURNAL [Vol. 10 fication of problems in this area. The State of California in dealing with its offshore has for many years recognized that special condi- tions may be iresdnt in particular areas which require special leasing treatment.' 0 8 It has further recognized that the public interest in offshore development is sufficiently great to warrant mandatory pub- lic hearings prior to the determination to lease and as a guide to the prescription of special terms.' 0 9 108. The Cunningham-Shell Tidelands Act of 1955, Cli. 1724, [1955) CaL Stats., authorizing the State Lands Commission in offering tide and submerged lands for oil and gas leasing to prohibit "a particular method of exploration, development or operation" if such method would result in "interfering with or impairing developed riverbank or shoreline, recreational or residential areas." Cal. Pub. Res. Code § 6874 (West 1956). The Commission was also instructed to require slant drilling from upland sites in designated parts of the state, CaL Pub. Res. Code § 6872.2 (\Vest 1956). With respect to leasehold terms the Commission was instructed to include in all tideland leases the following provisions: Pollution and contamination of the ocean, and tidelands, or navigable rivers or lakes, and all impairment of and interference with bathing, fishing or navigation in the waters of the ocean or any bay or inlet thereof, or any navigable river or lake, and all impairment of, and interference with, developed shoreline recreational or resideñt~al areas, is prohibited, and no oil, tar, residuary product of oil or any refuse of anykind from any well or works shall be permitted to be deposited on or pass into the waters of the ocean or any bay or inlet thereof or any navigable river or lake; provided, however, that this subsection (b) shall not be deemed to apply to deposit on or passage into said waters of water not containing any hydrocarbons or vegetable or animal matter. Cal. Pub. Res. Code § 6873 (West Supp. 1970). The emphasized language was added by Ch. 1426, [1969) Cal. Stats. following the Santa Barbara oil spill. Another 1955 act,Ch. 1607, [1955) Cal. Stats., required the Commission to submit all applications "for erection of any permanent structure on tidelands or submerged lands or for depositing thereon or removal therefrom of any material" to the Director of Natural Resources, now the Director of Parks and Recreation, and the Attorney General for review and a determination of whether the same would "unreasonably interfere with the maintenance or use of the lands involved for recreational purposes or protection of shore properties." In the event that an unfavorable determination is made, the Commission is enjoined not to grant the application unless modified so as to avoid such interference. Cal. Pub. Res. Code § 6818 (\Vest 1956). Lastly, and perhaps most significantly, the Cunningham-Shell Tidelands Act of 1955 authorized the leasing of lands in designated scenic parts of the coastline, such as the Santa Barbara Channel and the areas around San Clcmente and Santa Catalina Island, only if drainage from adjacent lands is proven and only then "within an area and to an extent necessary to offset such drainage of state-owned tide and submerged lands by any such wells upon adjacent lands owned by others." Cal. Pub. Res. Code § § 6871.2, 6872.1 (West 1956). Following the Santa Barbara oil spill the excluded area was expanded to encompass all of the area from Orange County south and those in Monterey and Santa Cruz Counties. Chs. 1430, 1238 [1969) Cal. Stats. See Krueger, State Tidelands Leasing in california, S U.C.L.A. L. Rev. 427, 446 (1958). 109. The Cunningham-Shell Tidelands Act of 1955, supra, note 108 required the Commission to publish notice of any proposed offering of tide and submerged lands for oil and gas lease in which case any "affected city or county" could require a public hearing to be held with respect thereto. Cal. Pub. Res. Code § 6873.2 (\Vest 1956). § 6873.2 further provides as follows: The Commission in determining whether the issuance of such lease or leases would result in such impairment or interference with the developed riverbank or shoreline, recreational or residential areas adjacent to the proposed leased PAGENO="0302" 1620 July 19701 OUTIR ~OiVfliVFNrAJ Sill!! I ANDS ilCf 471 While the situition l~s been tmelioiated by the newly adoptd regulations of the Secretary of the Interior,' i0 it would appear desir- able that there be a statutory resolution of the problem. Congress, in creating the Public Land Law Review Commission and requiring it to study and make recommendations with respect to "dis~osition or restuction on disposition of the mineial resourc&,s in the out r Continental Shelf," ~ would cleaily appeai to have empowered it to speak in this respect The Commission is iequned to ieport not later than June 30, 197O.H2 D. 1958 Geneva thnvention on the ~`ontinental Shelf 1. Pre-C'onvention Claims The Truman Proclamation gave impetus to a number of claims by other coastal states of submarine areas as "continental shelf" but there was a decided lack of uniformity in them Most of such procla mitions were made without iefeience to a depth limitation, although some, such as those by Mexico and Ecuador, followed the apparent le~id of the United States in asseiting jurisdiction to a continental shelf extending to a depth of 200 meters (656 feet).' ~ Other coun- tries, such as Chile, Peru, Costa Rica, El Salvador, Honduras, Korea and Saudi-Arabia, asserted claims based upon a precise width of high seas, in most cases 200 miles.' 1 ~ The motive for expressing the continental shelf in these terms becomes quite apparent when it is acreage or in determining such rules and regulations as shall be necessary in connection therewith shall at said hearing receive evidence upon and consider whether such proposed lease or leases would (a) Be detumental to the health safety comfort convenience or welfare of persons residing in, owning real property or working in the neighborhood of such areas; (b) interfere with the developed riverbank or shoreline, residential or recreational areas to an extent that would render such areas unfit for recreational or residential uses or unfit for park purposes; (c) Destroy, impair, or interfere with the esthetic and scenic value of such recreational, residential or park areas; (d) Create any fire hai~ird or h~izards or smoke smog or dust nuisance or pollution of waters surrounding or adjoining said areas I ollowing the Santa Barbara oil spill the section was amended so as to require a public hLarmni, on the matter in any case within a city or county adj icent to such area [of proposed ofkrmgj and required the Commission at such heaiing to propose a plan fcr the control of subsidence and pollution which might occur as a result of the proposed oil and gas oprat,on Cli 1238 [1969J Cal Stats See Krueger cupia notc 108 at 448 110 &e sup,a note 27 zizf;a note 174 lii. 43 U.S.C. § § 1394 and 1440 (1964). 112. 43 U.S.C. § 1394(b) (Supp. IV, 1965-68). 113. Ecuador, in 1951, proclaimed Sovereignty to a continental shelf of 200 meters, but in 1952 joined Chile and Peru in claiming an are-i of 200 milcs Su. I rinklin supra note 1 at 49-Si. 114. Id. atSl-58. PAGENO="0303" 1621 472 NA TURAL RESOURCES JOURNAL [Vol. 10 found that geologically many of these countries have very limited continental shelves. Still other nations, such as Argentina, Israel and Australia, claimed simply the "continental shelf" or in the case of Israel the "submarine areas" adjacent to the territorial sea.1 ` ~ Despite the lack of similarity between the claims made with re- spect to the continental shelf, the frequency with which they were made and the acquiescence with which they were received by other states led some experts to conclude by tile mid-l950's that the prin- ciples set forth in the Truman Proclamation had become part of customary international law.' 1 6 It was not, however, until the Geneva Convention on the Continental Shelf of 1958 that there was any reasonable degree of consensus with respect to the regime appli- cable to a State's continental shelf.' ~1 2. Continental Shelf Definition In 1958, the United Nations Conference on the Law of the Sea at Geneva, Switzerland, adopted the Convention on the Continental Shelf which was signed by the majority of the 86 states attending and which became effective in 1964, following ratification by 22 member states, including the United States and the Soviet Union; to date it has been ratified by a total of 39 states.' 1 ~ The Convention 115. Id. at S 8-62. The Israeli claim made in 1952 is noteworthy in that it used the flexible criterion based upon exploitability that was embodied in the 1951 draft of the International Law Commission and ultimately in the 1958 Geneva Convention on the Continental Shelf: the area claimed was to "where the depth of the superjacent waters admits of the exploitation of the natural resources of the seabed and subsoil." Id. at 59; 1951 Report of Int'l Law Comm., Art. 1, P. 17. See McDougal and Burke, The Public Order of the Oceans 674 (1962). 116. Lauterpacht, Sovereignty Over Submarine Areas, 27 Brit. Y.B. Int'l L. 376, 431 (1950); McDougal and Burke, note 115 supra, at 639. Cf. Kunz, Continental Shelf and International Law 828 (1956). It is clear today that the principles of the Truman Proclamation have become part of customary international law. See 11. E., infra. 117. See Gidel, The continental Shelf, 3 Univ. W. Austi. Ann. L. Rev. 87, 102 (L. Goldie transL 1956). 1 18.The Convention on the Continental Shelf, U.N. Doc./A/CONF. 13/L. 55, was signed on April 29, 1958, and became effective on June 10, 1965. (See Appendix E.) As of December 1968, it had been ratified or acceded to by the following 39 nations: Albania, Australia, Bulgaria, Byelorussian SSR, Cambodia, Colombia, Czechoslovakia, Denmark, Dominican Republic, Finland, France (with reservations), Guatemala, Haiti, Israel, Jamaica, Madagascar, Malawi, Malaysia, Malta, Mexico, Netherlands, New Zealand, Poland, Portugal, Romania; Senegal, Sierra Leone, South Africa, Sweden, Switzerland, Uganda, Ukrainian SSR, Union of Societ Socialist Republics, Thailand, Trinidad and Tobago, United Kingdom, United States of America, Venezuela (with reservations) and Yugoslavia (with reservations). In addition the following 24 nations have signed but not yet ratified the Convention: Afghanistan, Argentina, Bolivia, Canada, Ceylon, Chile, China, Costa Rica, Cuba, Ecuaddr, Federal Republic of Germany, Ghana, Iceland, Indonesia, Iran, Ireland, Lebanon, Liberia, Nepal, Pakistan, Panama, Peru, Tunisia and Uruguay. Sec United Nations Publication, Multilateral Treaties in Respect of Which the Secretary-General Performs Depository Functions-List of Signatures, Ratifications, Accessions, etc. as of Decetnber 31, 1968. PAGENO="0304" 1622 July 19701 OUThR CONJINLN7A! SHE/f !AND~ ACT 473 defines the continental shelf as "the stabed `md subsoil of the sub maiine ueas icljac~nt to th~ Co ist [and ishnds} but outside thL ~ue~i of the tAritorlal sea, to a depth of 200 m~ties or, bcyond that limit, to where the depth of the superyu~ent wateis admits of the exploita tion of the natural resources of the said areas." ~ Figure 4 shows a typical section of the defined continental shelf in profile. The Geneva Convention grew out of draft articles prepared by the International Law Commission during the period from 1950 to 1956. Early drafts of the Commission contamed no reference to water depths in defmmg the continental shelf, but spoke stnctly in terms of depth by exploitability There was a great amount of criticism of tius standard on the ground that it was so vague that it would permit countries to claim as continental shelf lands far beyond tl1e geologic shelf or slope. Consequently in 1953, the International Law Commis~ sion rejected the exploitability criterion and adopted a 200-meter limit. It felt that such a limit "takes into account the practical possi- bilities, so far as they can be foreseen at present, of exploration and Lxploitation "1 20 In 1956, however, the Inter American Specialized Conft~rence on Conservation of Natuial Resources The Continental Shelf and Marine Waters led to the preparation and submission of a dtfinition substantially the same as that contained in the Conven tion, which was adopted by the International Law Commission at its 1956 meeting, and later by the 1958 Conference 1 2 1 Various and conflicting statements have been made since the Con- fert~nce iegarding this definition Some, including advisors to the M irine Sciences Commission, have stated that it was the intent of the Conference that the definition cover only the geologic continental ~heIf which normally ends at 200 meters and that the purpose of the ~xploitability test was to permit the development of nearby adjacent areas'22 Others, including the Nation'il Peti oleum Council, have 119 See Appendix E Art I of the Convention on the Continental Shelf 120. 1953 Report of Int'l L. Corn. at 113, para. 64. See McDougal and Burke, note llSsupra at 680 121. See National Pet. Council note 14 supra, at 57-61. See also Dept. Int'l L. Pan Am. Union Backgiound Material on the Activities in the Organization of Amencan States Rdating to the Law of the Sea (1957) McDougal and Burke supra m 115 at 674 Bro~~ n The Outer Limit of the continental S/ic/f 13 Jurid Rev 111 138 43 (1968) Carcia Arnador The E~pIoit-ition and Conservation of tht. Resources Sea 101 12 (1963) flie tL\t of the Resolution of Cuici id Trujillo Approved by Inter American Speciilizcd Conf~rnce on (`onservation of Natural Resourccs The continental S/ic/f and Mai me llatcrs \t'irch 15 28 1956 is set forth in 1955 57 Inter Am Jurid Y B 261 (1958) 1 ~ Our Nation md Thc Sea at 143 45 sup'a note 3 Hinkin changing Law for the c/ian ging Seas Uses of the Seas 69 79 (Am Assem 1968) ilenkin The Outer 1 imit to the conti,iental Shelf A Reply to Mr Finlay 64 Am J Intl L 62 (1970) O~nian The Preparation of Article 1 of the convention on the contuzental Shelf 74 (1968) See also A DiSCUSSiOn of the Legislative History and Possible construc tioii of tile convention Ofl the continental She/f U N Doe A/AC 135/19 / PAGENO="0305" Figure 4 CONTINENTAL SHELF IN PROFILE ( Vertical Scale Exaggerated) C) C 0 DEPTH ZN METERS SEA LEVEL 200 400 600 800 Source: "Soverelnty of the g,1", U.S. Department of State Geographic Bulletin No.3, AprIl. 196$. PAGENO="0306" 1624 July 1 970J OUTER cONTI~VENTAL SI/ELF LANDS ACT 475 interpreted the legislative history of the Convention to support a broad co,istructiofl of the definitjon and its qualifier "adjacent" so as to cover the continental shelf and the entire continental slope to the point at which it meets the abyssal depths, assuming the exploit- ability of mineral resources is established.' 2 ~ While the matter is not free from doubt, the latter view appears to be consistent with the "plain meaning" of the Convention and the preponderance of evi- dence in its legislative history and has found support with the De- partment of the Interior and most writers in this country.' 2 4 The broad construction also appears to be consistent with the doctrine of the continental shelf in customary international law.' 2 S \Vhether a broad or a narrow construction of the definition is 123. See materials cited note 121 supra; Interim Report Corn. on Deep Sea Mi Res., Int'l L. Assn. IX-XII (July 19, 1968). 124. See Memorandum Opinion (M 36615/94127-61) from Assoc. Solicitor, Dept. mt. to Director, BLM, dated May 5, 1961; Barry, The Administration of the Outer continental Shelf Lands Act, 1 Natural Resources Law. (No. 3) 38, 46 (1968); Brock, Mineral Resources and the Future Development of the International Law of the Sea, 22 JAG J. 39, 43 (1967); Ely, Deep Sea Minerals and American National Interest, paper presented at 3d Ann. Univ. of RI. Law of the Sea Inst. on June 27, 1968; Stone, Legal Aspects of Marine Oil and Gas Operations, 15th Ann. Inst. on Mineral Law L.S.U. 31(1968). Cf. McDougal and Burke, supra, note 115 at 687; Krueger, The convention on the continental Shelf and the Need for Its Revision and Some comments Regarding the Regime for the Lands Beyond, 1 Natural Resources Law. (No. 3)1, 7 (1968); Belman, The Role of the State Department in Formula- flag Federal Policy Regarding Marine Resources, 1 Natural Resources Law. (No. 1)14, 20 (1968); Grunawalt, The Acquisition of the Resources of the Bottom of the Sea, 34 Mil. L. Rev. 101, 127 (1966); Luce, The Development of Ocean Minerals and the Law of the Sea, 1 Natural Resources Law. (No. 3) 29, 30 (1968); Young, The Legal Regime of the Deap Sea floor, 62 Amer. J. Int'l L. 641, 644 (1968). Accord: Brown, supra, notes 121; Jennings, The Limits of continental Shelf Jurisdiction: Some Possible Implications of the North Sea case Judgment, 18 Int'l & Comp. L. Qtly. 819, 826-32 (1969). This view quite clearly appears to be the current one of the Department of Interior. In a paper to the Thirteenth Conference on Naval Minefield Coastal Shelves on January 27, 1970, entitled "The Value of Rights to Coastal Shelves," then Under-Secretary Russell E. Train indicated that the rights of the coastal state to the continental slope and rise were, in fact, vested irrespective of present exploitability. He stated that the Convention on the Continental Shelf "guarantees the United States as a coastal state. . . the present exclusive option to explore and exploit the natural resources of the continental shelf from the limits of present technological capability to the seaward edge of the submerged continental land mass (i.e., the seaward edge of the continental rise) and no farther Id. at 9-10. Even the origin and intent of the 200-meter test is not clear. Statements have been made that the 200-meter figure represented the greatest depth at which exploitation was. thought in 1958 to be feasible. See Franklin, supra, note 1 at 29; McDougal and Burke, supra, note 115 at 687. As should be apparent from the manner in which the International Law Commission revised its stand on this subject, however, there is considerable doubt as to the validity of these comments. Even at the Conference there were indications of opinion that the 200-meter criterion was grossly inadequate. See U.N. Doe. A/CONF. 13/42 at 30, 38; Krueger. supra, note 110 at 4. Probably the most realistic view to take of the 200-meter detinition of the continental shelf is that of Professor Lauterpacht who states that it "is no more than a general indication of title to areas of indeterminate extent [andi may thus prov,de a convenient starting point for future regulation and agreement. But it must not be more than that." Lauterpacht, supra, note 116, at 384-85. 125. See infra, note 156; Part II B supra, note 88. PAGENO="0307" 1625 476 NATURAL RESOURCES JOURNAL [Vol. 10 adopted, however, it is clear that it is ambiguous and needs clarifi- cation. The strong disagreement within the International L~iw Com- mission, at the U. N. Law of the Sea Conference and subsequently in various forms as to what area was intended to be encompassed by the definition, serves to point out the definition's ambiguity. A close examination of the record of the Commission and the Confer- ence indicates that the adoption of the definition probably resulted more from an inability to pass a more precise alternative definition than from any inherent validity. The issue of what limits should be established for the continental shelf would be more profitably examined from the standpoint of the merits of each alternative than from the standpoint of the supportability of each alternative under the "proper" construction of the Convention on the Continental Shelf. The extended dialogue as to the intent of the Convention which has taken place over the last four years would clearly seem to have served, or perhaps more appropriately exhausted, its purpose.' 2 6 3. Provisions of the Convention Article 2 of the Convention provides that the rights of the coastal state in the continental shelf "for the purpose of exploring it and exploiting its natural resources" are "sovereign" and "exclusive." It further provides that: if the coastal State does not explore the continental sl1elf or exploit its natural resources, no one may undertake these activities, or make a claim to the continental shelf, without the express consent of the coastal State. The "natural resources" over which the coastal state has jurisdiction are defined to "consist of the mineral and other non-living resources of the sea-bed and subsoil together with living organisms belonging to sedentary species. * *" 121 Similarly to the Outer Continental Shelf Lands Act, the Conven- tion does not authorize other uses of the sea-bed and subsoil of the~ defined continental shelf, such as traditional real property, recrea- 126. The most recent installment of the ritualistic fencing that has taken place between narrow shelf and wide shelf proponents is set forth in the January, 1970 American Journal of International Law. See Finlay, The Outer Limit of the ~`ontinenta1 Shelf.~ A Rejoinder to -~ Professor Louis lienkin, 64 Am. J. Int'l L. 42 (1970). But cf Henkin, The Outer Limit, siipm, note 122; Henkin, International Law and "the Interests": The Law of the Seabed, 63 Am. J. Int'l L. 504 (1970). The highly personalized style of debate that has evolved is quite reminiscent of that which was carried in the Saturday Review in the early 1950's of whether or not Maxwell Perkins of Scribners "killed" Thomas Wolfe. The mouse of the history of the Convention on the Continental Shelf has no more milk to give. 127. See Appendix E, Convention on the Continental Shelf Art. 1, Para. 4. PAGENO="0308" 1626 July 19701 OUTER CONTINENTAL SHELF LANDS ACT 477 tional and military uses,' 2 8 and it expressly limits the authority of the coastal states as to permitted uses. The Convention authorizes the coastal state only "to construct and maintain or operate on the continental shelf installations and other devices necessary for its ex- ploration and the exploitation of its natural resources, hnd to estab- lish safety zones around such installations and devices and to take in those zones measures necessary for their protection" 2 ~ and only then where the same do not interfere with "recognized sea lanes essential to international navigation." ~ ° Such safety zones are limited to a distance of 500 meters around each installation and device and the Convention expressly negates any territorial status for them. `~` \Vith respect to overlying waters the Convention provides in Article 3: The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters as high seas, or that of the airspace above those waters. Paragraph I of Article 5 also provides that "[t} the exploration of the continental shelf and the exploitation of its natural resources must not result in any unjustifiable interference with navigation.. . ." The waters above the continental shelf are, therefore, international waters and subject to the Convention on the High Seas and other interna- tional conventions pertaining to such waters.' ~ 2 The outstanding rights and interests of other nations in the waters above the conti- nental shelf present a further reason to narrowly construe the rights of the coastal state in the use of those waters in connection with the exploration or exploitation of the seabed and subsoil of the conti- nental shelf. The Convention_provides_in_paragraph_I of Article 5 that author- 128. Offshore islands and other man-made coastal installations axe proving to be very much in demand, if not necessary in urbanized coastal areas. There have been a vast variety of such structures and installations proposed for continental shelf areas, including airports, floating cities and hotels. See Fortune Magazine, Sept. 1969 at 131. 1 Nossaman OCS Study, supra, note 37, § 11.61. The fact that the Convention on the Continental Shelf does not expressly provide for such uses does not necessarily mean that a coastal state is without power to make use of its continental shelf for such purposes, although a negative inference in this regard can be drawn from the language of the Convention. A valid case can be made that military installations are a permitted use of the continental shelf by reason of the Coastal nations' inherent right of self-defense. See Franklin, supra, note 1 at 65-67; Mc- Doucal and Burke, supra, note 115 at 7 18-20. Note that non-mineral uses are not authorized under the Outer Continental Shelf Lands Act. See supra, note 96. 129. Art. 5, para 2. 130. Art. 5, para. 6. 131. Art. 5, para. 3, 4. 132. Art. 3. PAGENO="0309" 1627 478 NATURAL RESOURCES JOURNAL [Vol. 10 ized exploration and exploitation "must not result in any unjusti- fiable inteieference with navigation, fishing or the conservation of the living resources of the sea, nor result in any interference with fundamental oceanographic or other scientific research carried out with the intention of open publication" and such requirement is made an express condition to the right of the coastal state to place installations on the continental shelf under paragraph 2 of such Article. The consent of the coastal state is required for "any research concerning the continental shelf and undertaken there;" but it is enjoined "not normally [to] withhold its consent if the request is submitted by a qualified institution with a view to purely scientific research into the physical or biological characteristics of the conti- nental shelf. . . " ~ ~ The rights of the coastal state in its continental shelf are thus again qualified on the face of the Convention. 4. Glaims Under the convention The elastic definition of the Convention was clearly successful as an interim measure in facilitating a considerable amount of offshore~ development that might otherwise not have taken place or have taken place under uncertain unilateral extensions of the territorial sea or the continental shelf.' ~ The experience of the United States is illustrative. Commencing in 1961 the Department of the Interior has issued leases under the Outer Continental Shelf Lands Act cover- ing areas 40 miles offshore and in waters as deep as 4000 feet and 26 miles offshore and in waters from 1200 to 1 800 feet in depth.' ~ ~ In addition the Secretaries of the Interior and the Army asserted juris- diction under the Act over an area approximately 120 miles off Southern California which is separated from the coastline by waters as deep as 6000 feet.1 36 Lastly, the Secretary of the Interior has 133. Art. 5, para. 8. This rule has been criticized as being too restrictive of scientific research. See Schaefer, The changing Law of the Sea-Effects on Freedom of Scientific Int'estigation, 2d Ann. Univ. of R.I. Law of the Sea Inst. 113, 114 (1967). Accord, Burk, International Legal Problems of Scientific Research in tile Oceans, Rep. for Nat. Counc. Marine Res. & Eng. Dcv., 127 (Aug. 1967). See also McDougal and Burke, sup/a, note 115 at 701-60. 134. See sup/a at note 113. 1 35. A 1 96 1 lease of phosphate deposits lying approximately 40 miles seaward of Southern California was approved by the Solicitor as being authorized under the Outer Continental Shelf Lands Act on the grounds that it was applicable thereto "since the United States [by its ratification of the Conventionl has now asserted rights to the seabed and sub- soil as far seaward as exploitation is possible." Memorandum Opinion, supra, note 124 at 6. 136. The Secretary of the Army, who was given authority under § 4(f) of the Outer Continental Shelf Lands Act to "prevent obstruction to navigation [as to] artificial islands and fixed structures located on the outer Continental Shelf," formally advised the proposed island builders that their work could not be undertaken without the consent of the United States. Such action was taken pursuant to a letter from the Solicitor of tile Department of PAGENO="0310" 1628 July 1970] OUTER (.ViVT!NENTAL SHELF LANDS ACT 479 issued exploratory-permits under the Act to conduct core drilling in the Gulf of Mexico in waters as deep as 3500 feet and on the Atlantic seabord for waters as deep as 5000 feet and lying as far as 250-3 00 miles from the coast.' ~ `~ All of these acts are capable of being construed as an assertion of jurisdiction by the United States over the areas in question, notwithstanding the fact that exploration isnot necessarily equated with exploitation for purposes of the Con- vention's definition. 1 ~ 8 The aggressive attitude which the United States has displayed toward offshore claims under the Convention appears to have been consistent with the pattern of conduct by most members of the world community acting either under the Convention or exclusive of it. As of 1969 approximately 98 coastal nations had asserted general jurisdiction over offshore minerals and of that number at least 37 appear to have done so in areas which appear to be in waters deeper than 200 meters.' ~ Interior to the Los Angeles, California, District Engineer, dated February 1, 1967, which State(l in part: It is our opinion that the Cortes Bank area is within [the Convention on the Continental Shelf] definition of "continental shelf." The publication of our leasing maps [by BLM] is an affirmative assertion of the jurisdiction of the United States over the area, though there have been others, e.g., the emplacement of a buoy at Cortes Bank by the Coast Guard. \Ve also wish to direct your attention to a 1948 publication entitled "Characteristics of Sub- merged Lands" published by the State Lands Division, State of California. This document contains impressive geologic evidence that Cortes Bank is in fact but an extension of the land mass of Southern California. See supra, note 101. 137. See Krueger, supra, note 124 at 6-7. The Atlantic core-drilling was clearly con- sidered to be on the continental slope. U.S.G.S. Release No. 94229-67 (May 26, 1967), regarding the permit for this drilling stated in part: The project, marking the first drill probes, of the Atlantic Continental Slope by a private company, is aimed at gaining further insight into the geology of the submerged Atlantic shelf and slope areas. Such knowledge is a prerequisite to outlining potential "targets" for oil and gas search. It was pointed out that the approval to drill core holes was "not exclusive" and that "no rights to any mineral leases will be obtained." 138. The permits involved appear to h~we been issued under Section 11 of the Outer Continental Shelf Lands Act which applies to "geological and geophysical explorations in the outer Continental Shelf." There is no other statutory authority for the issuance of this type of permit. With due regard to the fact that Section 2(a) of the Act defines the "outer Continental Shelf" as lands "subject to the [United States'] jurisdiction and control" there is. therefore, good reason to conclude that the permits constitute an assertion ofjuriscliction over the areas as continental shelf by the branch of the federal government that has been entrusted with apposite administrative responsibility. This, moreover, is consistent with what has been the prevailing attitude within the Department of interior as to the construction of the Convention on the Continental Shelf. See Memorandum Opinion, Barry and Train, supra, note 124; see also Interim Report, Comm. on Deep Sea Mimi. Res., supia, note 123 at XXVII-XXVIII. compare Denmark v. Norway, [1933] I.C.J. 148, 192. * 139. Ely, Jurisdicijo,, Ot'er Szthnwrine Resources, Statement before Subcommittee on Oceanography of house Committee on Merchant Marine and Fisheries, ABA Release (Aug. 5, l969), App. C. PAGENO="0311" 1629 480 NATURAL RESOURCES JOURNAL [Vol. 10 5. Recent International Developments The magnitude of the claims which have been made in offshore areas has been so great as to give concern both to the United States and most nations in the world community that there may be, in the words of President Johnson, "a race to grab and to hold the lands under the high seas." 40 This concern clearly appears to have gen- erated the proposals made by the Marine Sciences Commission in this area and the resolutions adopted by the United Nations General Assembly described in the introduction of this article. 141 The resolutions of the U. N. General Assembly adopted in late 1969 make it very clear that increased international negotiation and debate can be expected on many of the basic issues of the Conven- tion on the Continental Shelf and its sister Conventions on the Terri- torial Sea and Contiguous Zone,' the High Seas and Fishing, and Conservation of the Living Resources of the High Seas. Logic would indicate that when the Secretary General ascertains the view of United Nations member states as to the desirability of convening a broad-scale Law of the Sea Conference, as requested by the General Assembly, the answer will be in the affirmative in approximately the same magnitude as shown by the vote on the resolution itself.'42 The intense friction created by the absence of clearly ascertainable limits to the continental shelf and the absence of any internationally. oriented regime for the area beyond make~ it probable, even foresee- able, that such limits and such a regime will be established in the near future by one means or another, at this time very probably by a future conference. The role that the United States, the Soviet Union and the other great powers would play in such a conference could depend in large part upon its agenda. This is supported by a recent statement by the Legal Advisor of the U.S. Department of State indicating that "a new international law of the sea conference or conferences" might be acceptable if "issues are treated in manageable packages." ~ It is possible that if the agenda included all of the 140. Comments of the President at the commissioning of the new, research ship, The Oceanographer, July 13, 1966. 141. See supra, notes 8.26. ` 142. See supra, note 18. 143. Stevenson, supra, note 26. He has indicated that the first of such conferences could deal with "a new international treaty fixing the limitation of the territorial sea at 12 miles, and providing for freedom of transit through and over international straits and carefully defined preferential fishing rights for coastal States on the high seas." Id. at 6. While it may be as indicated by Mr. Stevenson that these issues are "old ones which have been examined carefully by the international community in the past and are well understood" (Id.) it can be questioned whether as much preparation work has been done on PAGENO="0312" 1630 July 1970] OUTER CONTINENTAL SHELF LANDS ACT 481 issues set forth in the recent U. N. resolution, some of the great powers would not participate. 144 E. Customary International Law The fact that a large number of influential and developed nations had ratified the Convention on the Continental Shelf or unilaterally adopted similar measures led some understandably to the view that it evidenced customary international law.' `~ In the North Sea Conti- nental Shelf Cases,' 46 however, the International Court of Justice held that the provisions of Article 6 of the Convention on the Con. these issues in the last few years as on the issues of the continental shelf and the regime for the area beyond. Cf Limits and Status of the Territorial Sea, Exclusive Fishery Zones, Fishery Conservation Zones and Continental Shelf, U.N. Food and Agricult. Org. FAO Legis. 5cr. No. 8, PS/93108/12.69/E/1/3600 (1969). Recent unilateral offshore claims, however, indicate that the issues proposed for consideration by Mr. Stevenson may now be priority items in any event. Brazil on March 25, 1970, joined the 200-mile territorial sea club; airspace or fishery "as well as search and exploration activities" will be regulated out to that distance. Los Angeles Times, Mar. 26, 1970, part I at 30. On April 8, 1970, the Canadian government proposed legislation to establish a 12-mile territorial sea and a 100.mile shipping, safety and anti-pollution control zone lying beyond. Prime Minister Trudeau stated that such a measure was necessary to "establishing that coastal states are entitled on the basis of the fundamental principle of self-defense to protect their marine environment and the living resources of the sea adjacent to their coasts." Los Angeles Times, Apr. 9, 1970. The Canadian proposal was challenged by a United States spokesman as constituting "a unilateral approach to a problem which we believe should be resolved by cooperative international action." It was stated that the United States "is prepared promptly to seek bilateral or multilateral solutions to these problems." The New York Times, Apr. 10, 1970. See also note 26, supra. It is quite conceivable that a conference could include all of the above issues, including those pertaining to the seabeds if mutual "trade offs" between them develop. The difficulty in tailoring a conference in such a way as to meet the needs of the United States, and equally significantly some of its more important special interest groups, has led some, including representatives of the American Bar Association, to recommend against participation in such a conference. See Report of National Petroleum Council, note 14 supra. at 70; Joint Report of ABA Sects. of Nat. Res. Law, Int'l and Comp. Law and Standing Comm. on Peace and Law Through U.N., at 11; Interim Report, Comm. on Deep Sea Mm. Res., Int'l L. Assn. [Amer. Br.] supra, note 123. These sources recommend that international principles be developed through parallel uni- lateral declarations. As evidenced by the Canadian and Brazilian Acts, however, unilateral acts of nations on the same or related sub'jects may vary widely. With due regard to the need for uniformity in the international regime with respect to the oceans and the complexities of the international political situation it would not appear to be practicable or wise today to deal with the many issues involved through unilateral procedures. 144. It is, however, not likely because of the chaotic situation that would result from this course of action. It is much more likely that the great powers would endeavor to shape the conference and its products, irrespective of the number of issues involved. In this regard similarities in approach between the United States and the Soviet Union are noteworthy. See note 26, supra. / 145. Interim Report, Comm. on Deep Sea Mi Res., note 123 supra, at 643. See 1 Nossaman OCS Study, supra note 37, § 1.10 at note 89. 146. [1969] 1.CJ. 3. PAGENO="0313" 1631 482 NATURAL RESOURCES JOURNAL [Vol. 10 tinental Shelf dealing with the delimitation of boundaries between coastal states did not constitute or evidence custoñiary international law in a case involving the lateral boundaries of the continental shelf * between West Germany and Denmark and West Germany and the Netherlands. While the World Court avoided adopting any part of the Convention as customary international law, it did make it clear that its decision did not extend to Articles 1 to 3 which define the con- tinental shelf and the rights of the coastal states therein. Such articles, the Court stated, were than [at the time of the 1958 Geneva Conference on the Law of the Sea] regarded as reflecting, or as crystallizing, received or at least emergent rules of customary international law relative to the continental shelf, amongst them the question of the seaward extent of the shelf.'47 S More importantly, the World Court recognized that the doctrine of the continental shelf constituted customary international law, ex-5 clusive of the Convention on the Continental Shelf, and that no acts* by the coastal state were necessary to establish its rights there- under.' 4 8 It stated: S S [TI he most fundamental of all the rules of law relating to the conti. nental shelf, enshrined in Article 2 of the 1958 Geneva Convention, - though quite independent of it, [is] that the rights of the coastal State in respect ~f the area of continental shelf that constitutes a natural prolongation of its land territory into and under the sea exist ipso facto and ab initio, by virtue of its sovereignty over the land, and as an extension of it in an exercise of sovereign rights for the purpose of exploring the sea.bed and exploiting its natural resources. In short, there is here an inherent right. In order to exercise it, no special legal process has to be gone through, nor have any special legal acts to be performed. Its existence can be declared (and many States have done this) but does not need to be constituted. Further- more, the right does not depend on its being exercised. To echo the language of the Geneva Convention, it is `exclusive' in the sense that if the coastal State does not choose to explore Or exploit the areas of 147. 14,..at 39* See also Id. at 42. 148. Compare Article 1 of the Convention on the Continental Shelf: "continental shelf is used as referring.., to a depth of 200 metres or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources." See note 122, supra. PAGENO="0314" 1632 July 1970) OUTER CVNTINENTAL SHELF LANDS ACT 483 shelf appertaining to it, that is its own affair, but no one else may do so without its express consent.'49 [Emphasis added.] In view of the special treatment accorded Articles I through 3 of the Convention by the Court, a sound argument can be made today that they, particularly Article 2, evidence customary international law and are binding on the world community.' ~ ° Moreover, even if these Articles are not accorded this treatment, the case provides criteria for the identification of the continental shelf which indicate that it may extend as far seaward under customary international law as it could under the Convention. In addition to stating that the continental shelf constitutes a "natural prolongation of [a coastal state's] land territory into and under the sea",' ~` the Court stated: The institution of the continental shelf has arisen out of the recogni- tion of a physical fact; and the link between this fact and the law, without which that institution would never have existed, remains an important element for the application of its legal regime. The con- tinental shelf is, by definition, an area physically extending the terri- tory of most coastal States into a species of platform which has attracted the attention first of geographers and hydrographers and then of jurists. The appurtenance of the shelf to the countries in front of whose coastlines it lies, is... a fact, and it can be useful to consider the geology of that shelf in order to find out whether the direction taken by certain configurational features should influence delimita- tion because, in certain localities, they point-up the whole notion of the appurtenance of the continental shelf to the State whose ter- ritory it does in fact prolong.'52 [Emphasis added.] The differing schools of thought with respect to the proper con- Stfllctjofl to be given to the definition of continental shelf contained in the Convention on the Continental Shelf immediately took up the 149. [1969) I.CJ. at 22-23. 150. See note 147, supra. See Jennings, note 124, supra, at 822, 831. Jennings would treat Article 2 as one that "enshrines" the basic principle of general international law and Article I as stating an ad interim definition that does not foreclose a coastal state from claiming under general law.,Id. at 831-32. 151. [1969] I.C.J. at 22. 152. Id. at 51. PAGENO="0315" 1633 484 NATURAL RESOURCES JOURNAL [VoL 10 cudgel with respect to the import of the World Court decision, with again disparate conclusions. Advocates of the National Petroleum Council point of view rely upon the foregoing provisions as justifying a claim to the continental slope, and even continental rise.' ~ ~ Sup- porters of the Marine Sciences Commission dispute this on the basis of language stating that the Court did ilot regard "a point on the continental shelf situated . . . a hundred miles, or even much less, from a given coast [as being I `adjacent' to it."1 54 The facts and some rather mysterious statements in the case' ~ tend to limit its authority. It does, however, expressly incorporate the Truman Proclamation into the stated doctrine of the continental shelf as being "the starting point of the positive law on the sub- ject" 5 6 and, as noted earlier, many of the basic concepts of the Proclamation appear as applicable to the continental slope (200-2500 meters) as they are to the shelf proper.1 ~ ~ Geologically the slope 153. Finlay, note 126, supra, at 45, 60, Jennings, note 124, supra, at 830 would give the coastal state the continental slope but not the rise. 154. [1969] I.C.J. at 30.31. See Henkin, The Outer Limit, note 122, supra, at 70. Jennings, note 124, supra explains such language as referring to a particular point rather than the continental shelf as a geologic feature. There is validity to this. Countries and continents may be adjacent to one another even if a given point in either is not. At the very least the clause is grossly ambiguous. 155. The case involves the issue of whether the median line rule customarily applies to a lateral boundary between and among coastal states. It does not involve the question of whether the rule applies to coastal states in the opposite boundary situation or whether it applies in the case of boundaries interior of the continental shelf. North Sea Continental Shelf Cases, [1969] LC.J. 3, 36-37. The Court's opinion in fact indicates that the median line test would be appropriate in the above instances: [I] n fact, whereas a median line divides equally between the two opposite countries areas that can be regarded as being the natural prolongation of the territory of each of them, a lateral equidistance line often leayes to one of the States concerned areas that are a natural prolongation of the territory of the other. Equally distinct in the opinion of the Court is the case of the lateral boundary between adjacent territorial waters to be drawn on an equidistance basis. As was convincingly demonstrated in the maps and diagrams furnished by the Parties, and as has been noted in paragraph 8, the distorting effects of lateral equidistance lines under certain conditions of coastal configuration are nevertheless comparatively small within the limits of territorial waters, but produce their maximum effect in the localities where the main continental shelf areas lie further out. There is also a direct correlation between the notion of closest proximity to the coast and the sovereign jurisdiction which the coastal State is entitled to exercise and must exercise, not only over the seabed underneath the territorial waters but over the waters themselves, which does not exist in respect of continental shelf areas where there is no jurisdiction over the superjacent waters, and over the seabed only for purposes of explora- tion and exploitation. Id. at 37-38. See notes 147, 154 supra; [1969) LCJ. at 44, para. 76. 156. [1969) l.C.J. at 33. 157. See note 88, supra. See also Proclamation No. 2667, 3 C.F.R. (1943.1948 Comp.) 67, 68. PAGENO="0316" 1634 July 19701 OUTER CONTINENTAL SI/ELF LANDS ACT 485 would appear to be as much an "extension of the land-mass of the coastal nation," ~ 8 or a "natural prolongation of [a] land terri- tory" as the shelf. Viewed from the standpoint of resources, which have been vital to all law in this area, the shelf and the slope are closely related, if not the same, with an equal probability of shared mineral deposits that was noted in the Truman Proclama- tion.' 6 ~ While the issue is not free from doubt and is being actively debated, the doctrine of the continental shelf which exists under customary international law probably does extend to the base of the continental slope.1 6 1 The policy questions raised as to the extent of the continental shelf under the Convention are, however, equally relevant to a comparably uncertain definition in customary inter~~ national law. Again the issue which should be answered and which,, indeed, the majority of the world community appears to be forcing upon the great powers is what the rule of law should fairly be. 162 F. May, 1970, Nixon Proposal for the United States Oceans Policy In April of 1970 legislation was introduced to the Canadian House of Commons that would establish an Arctic Waters Pollution Control Zone which would extend "seaward from the nearest Canadian land [above the 60th parallel] a distance of one hundred nautical miles," to the median line between Canada and Greenland (which is less than one hundred miles) and to "all waters adjacent [to the one hundred mile zone], the natural resources of whose subjacent submarine areas Her Majesty in right of Canada has the right to dispose of or ex- ploit."1 63 Within such zone the discharge of any substance that would degrade the quality of the waters "to an extent that is detri- mental to their use by man or any animal, fish or plant that is useful to man" is prohibited except as authorized by regulation.' 64 Further, within such zone Canada would assert the right to control all shipping, to prescribe standards of vessel construction and opera- tion, and to prohibit free passage if deemed necessary.' 6 5 A rule of 158. 3 C.F.R. (1943-1948 Comp.) at 68. 159. [1969J I.C.J. at 22. 160. 3 C.F.R. (1943.1948 Comp.) at 68. See [19691 I.C.J. at 51, note 88, supra. 161. See Jennings, note 124 supra, at 326-32; Finlay, note 153, supra. See also author- ities cited in notes 116 and 121 supra. 162. See note 126, suprà. 163. Arctic Waters Pollution Prevention Act Bill C-202 Sect. 3, (1) and (2), U.S. Dep't~ State Telegram, R 0915352, Apr. 1970, Unclas. Ottowa 441. It was passed by the House of Commons on April 22, 1970. House Commons Debates, Apr. 22, 1970, 6170-6172. Id. at Sect. 4. See note 26, supra. 164. Arctic Waters Pollution Prevention Act, note 163, supra, at Sect. 4. 165. Id. at Sects. 8-12. See also U.S. Dep't State Release No. 121, Apr. 15, 1970. PAGENO="0317" 1635 486 NA TURAL RESOURCES JOURNAL [Vol. 10 strict liability is imposed for any damage resulting from an unauthor- ized discharge whether by vessel or from natural resource develop- ment.' 6 6 A companion measure would establish a 12-mile territorial sea. 167 The Canadian proposal was challenged by the U. S. Department of State as constituting "unilateral extensions of jurisdictions on the high seas [whichj the United States can [notj accept." Instead the United States proposed "international solutions. . . within the United Nations framework looking toward the conclusion of a new international treaty dealing with the limit of the territorial sea, free- dom of transit through and over international straits, defining prefer- ential fishing rights for coastal states on the high seas [and] for controlling pollution on the high seas." 168 The reason for the strong, perhaps overly strong, reaction on the part of the United States became clear when on May 23, 1970, President Nixon announced a proposed new United States oceans policy which could have a very significant effect on offshore resource development and coastal zone management, and consequently en- vironmental protection. The Nixon proposal stated in part: The issue arises now-and with urgency-because nations have grown increasingly conscious of the wealth to be exploited from the seabeds and throughout the waters above, and because theyare also becoming apprehensive about the ecological hazards of unregulated use of the oceans and seabeds. The stark fact is that the law of the sea is inadequate to meet the needs of modern technology and the concerns of the international community. If it is not modernized multilaterally, unilateral `action and international conflict are in- evitable. Therefore, I am today proposing that all nations adopt as soon as possible a treaty under which they would renounce all national claims over the natural resources of the seabed beyond the point where the high seas reach a depth of 200 meters (218.8 yards), and would agree to regard these resources as the common heritage of mankind. The treaty should establish an international regime for the ex- ploitation of seabed resources beyond this limit. The regime should provide for the collection of substantial mineral royalties to be used for international community purposes, particularly economic assis- tance to developing countries, It should also establish general rules. 166. Arctic Waters Pollution Prcvcntion Act, note 163, .cupra, Sect. S. 167. Bill C-203, an Act to Amend the Territorial Sea and Fishing Zones Act. 168. U.S. Dept. State Release, note 165,supra. PAGENO="0318" 1636 July 1970) OUTER CONTINENTAL SHELF LANDS ACT 487 to prevent unreasonable interference with other uses of the ocean, to protect the ocean from pollution, to assure the integrity of the investment necessary for such exploitation and to Provide for peace- ful and compulsory settlement of disputes. I propose two types of machinery for authorizing exploitation of seabed resources beyond a depth of 200 meters. First, I propose the coastal nations act as trustees for the inter- national community in an international trusteeship zone consisting of the continental margins beyond a depth of 200 meters off their coasts. In return, each coastal state would receive a share of the international revenues from the zone in which it acts as trustee and could impose additional taxes if these were deemed desirable. As a second step, agreed international machinery would authorize and regulate exploration and use of seabed resources beyond the continental margins. The United States will introduce specific proposals at the next meeting of the United Nations Seabeds Committee to carry out these objectives.'69 President Nixon also stated that the proposed treaty would provide for a I 2-mile limit for territorial seas and for free passage through international straits. The urgency with which the proposal is regarded by the Nixon Administration is evidenced by the fact that on the following working day it was transmitted to the U.N. Seabeds Com- mittee by U.S. Ambassador Phillips with the invitation to Committee members to discuss the same in preparation for the August 1970 meeting of the Committee.' 70 The Nixon proposal is essentially a liberalized version of that pro- posed by the Marine Sciences Commission in its 1969 report which would have confirmed unto coastal states exclusive jurisdiction to a depth of 200 meters or 50 miles from coastlines, whichever is fur- ther, and established an "intermediate zone" beyond to the 2500 meter isobath or 100 miles from coastlines, whichever is further.' 7 1 \Vithin this intermediate zone coastal states would administer the resource but proceeds from it would be paid to an international fund to be used for the benefit of the poor and developing nations of the world. In many respects the Nixon proposal is a quite clever one that could operate as a modus vivendi for achieving consensus on the troublesome jurisdictional issues over which there has recently been 169. Wkly. Comp. Presidential Docs., May 25, 1970, 677-678. 170. Press Release USUN-70 (70), May 25, 1970. 171. Our Nation and The Sea, supra, note 37 at 145-147 (1969). PAGENO="0319" 1637 488 NATURAL RESOURCES JOURNAL [Vol. 10 so much open disagreement between the developed and developing countries of the world. This factor was vividly illustrated by the fact that in December of 1969 the United Nations General Assembly, following extensive and heated debates in the Sea-Bed Committee and the U.N. First Committee, adopted a resolution requesting the Secretary General to determine the desirability of convening a con- ference on jurisdictional problems, over the active opposition of the United States and the Soviet Union and their usual supporting blocs.' 72 Again with active opposition of the Soviet Union, the United States and their blocs, the General Assembly also passed a resolution providing that nations "are bound to refrain from all activ- ities of exploitation of the resources of the area of the sea-bed and ocean floor, and the subsoil thereof, beyond the limits of national jurisdiction." ~ The Nixon proposal espouses most of the principles of the 1967 proposal of Malta to the United Nations calling for the drafting of a treaty which would reserve the seabed and ocean floor "beyond limits of present national jurisdiction" as a "common heritage of mankind" and provide for their "economic exploitation.. . with the aim of safeguarding the interests of mankind land using] the net financial benefits derived [therefrom] to promote the development of poor countries." `~ It accordingly can be expected to enjoy the high degree of popularity accorded the Maltese proposal among the smaller and lesser developed countries,' ~ and by the same token 172. See note 18, supra, and accompanying text. 24 U.N. GAOR at U.N. Doc. A/2574A (1969). The original version of the resolution was introduced by Malta and called for the Secretary-General to determine the views of member states on the desirability of a conference "for the purpose of arriving at a clear, precise and internationally acceptable definition" of the area beyond limits of national jurisdiction (the "continental shelf") and the "prospective establishment of an equitable international regime" for such area. U.N. Doc. A/C. L 473 (Oct. 31, 1969), Rev. 2, Dec. 2, 1969. 173. 24 U.N. GAOR at U.N. Doc. A/2574D (1969). Resolutions of the U.N. General Assembly do not have a formal binding effect upon member states. Articles 10 through 17 of the United Nations' Charter which set forth powers of the General Assembly provide merely that that body may "discuss," "consider" and "recommend." On the other hand, resolutions of the Assembly can contribute substantially to the general body of customary international law. See Higgins, The Development of International Law Through the Political Organs of the United Nations 5 (1963). With due regard to the interest that the General Assembly and its Committees have taken in this area, formal action by it could have considerable weight in establishing a rule of international law in this area. As pointed out by U.S. Ambassador Christopher Phillips to the U.N. Seabeds Committee on March 6, 1970, however, Resolution 2467D did not evidence consensus but "sharp controversy and substantial division." Press Release USUN-27(70)(Rev. 1) at 6, See note 20 and accom- panying text. 174. U.N. Doe. A/6695 (August 18, 1967). 175. It also found a substantial amount of support in the United States, notably in resolution proposed by Senator Pell that included its basic principles. S. Res. 172, 186, 90th PAGENO="0320" 1638 July 1970J OUTER CONTINENTAL SI/ELF LANDS ACT 489 receive the whole-hearted criticism of the petroleum industry which viewed such proposal as a "U.N. sellout," 1'76 It is, however, questionable whether the Nixon proposal warrants the criticism of extractive industries viewed from an operational standpoint. The proposal, if adopted by the world community, would bring about a stabilization of titles in presently uncertain situations, establish a means for acquiring concessions in deep sea areas that are presently non-existent, maintain national control over the exploitation of resources in the "continental margins," ~ and invest national concessions in areas beyond 200 meters with an inter- national trusteeship character which could materially assist the present expropriation problem. Unless, therefore, international parti- cipation in the proceeds of resource exploitation is per se undesir- able, it would seem attractive to the extractive industries. Even here there is an interesting aspect to the proposal. While it would divert to developing countries very large revenues which the United States could expect to receive from offshore areas that are proven or highly potential for petroleum resources, this might well be compensated for by reducing direct contributions for economic assistance to these countries which have been quite large in the past. Irrespective of the cleverness of the Nixon proposal from the standpoint of international politics and its efficiency with respect to mineral development, however, it could result in the mismanagement of or impingement upon non-mineral resources and useS. It should be emphasized that it is essentially another measure directed toward the exploitation of the natural resources of the seabed of the type which has predominated the world's thinking regarding the oceans in the Cong., 1st Sess., (1967). See S. Comm. on For. Rel. Rep., Governing the use of Ocean Space, 90th Cong. 1st Sess., 1-7 (Nov. 29, 1967). The proposal also found support in the Commission to Study the Organization of Peace, the 1967 \Vorld Peace Through Law Conference, the Center for the Study of Democratic Institutions and others. See House Comm. on For. Aff., Subcom. on Int'l Organizations and Movements, Interim Rep., The United Nations and the Issue of Deep Ocean Resources, H.R. Rep. No. 999, 90th Cong., 1st Sess. 80.113 (1967); Eichelberger, A Case for the Administration of Marine Resources Underlying the High Seas by the United Nations, 1 Natural Resources Law. (No. 2) 85 (1968). 176. See Report of National Petroleum Council, Petroleum Resources Under the Ocean Floor (1969); Joint Report of ABA Sects. of Nat. Res. Law, Int'l and Comp. Law and Standing Comm. on Peace and Law Through U.N. (Aug. 7, 1968). See also hearings on the Outer c'ontinental Shelf before the Sen. Comm. on Interior and Insu/arAffairs, 91st Cong., 1st & 2nd Sess., at 10 (1970). Cf Krueger, The c'onvention on the C'ontine,ztal Shelf and the Need for Its Revision and Some conzments Regarding the Regime for the Lands Beyond, 1 Nat. Resources Law. (No. 3)1, 16.17 (1968). 177. The proposal does not define this term, but the Department of State has informally Indicated that it would extend to the base of the continental rise. It would consequently extend slightly farther seaward than the "intermediate zone" discussed at note 171, supra. PAGENO="0321" 1639 490 NA TURAL RESOURCES JOURNAL [Vol. 10 past. Acknowledgement is dutifully paid to "ecological hazards" and the need to establish "general rules to prevent unreasonable inter- ference with other uses of the ocean [and] to protect the ocean from pollution." 7 8 Functionally, however, it could only serve to provide a further incentive, indeed a catalyst, for the exploitation of extrac- tive resources of the seabed, particularly petroleum, both from the standpoint of the operator and of the developing countries to whose benefit the exploitation will inure. En its present form the proposal does not contain any functional brakes necessary to permit the coastal state to slow or prohibit offshore development even on its "continental margins," if it thinks it desirable to do so in order to enhance other uses and resources of the offshore and protect its coastal zone. The proposal would establish as international trust territory lands lying between mainland California and certain of the Channel Islands which lie more than 24 miles offshore (the sum of the two proposed I 2-mile territorial ~eas combined) and are separated by waters more than 200 meters deep. The same situation would also exist in similar areas off Alaska and perhaps in other areas of the United States. It is questionable whether the United States as trustee would be able to resist leasing the proven or highly potential oil properties which lie in these areas particularly where requested to do so within the United Nations structure. There recently has been a great deal of pressure to bring about the cessation of all offshore operations in the Santa Barbara Channel and severely curtail them elsewhere in offshore Cali- fornia.' ~ Would not, however, oil pollution in Southern California be quite acceptable in Madagascar, Tanzania and the Maldive Islands Sultanate if it provided income for them? In fact, it is. quite likely that pollution from oil development in their own offshore would be very acceptable to these countries, bringing to them as it would greater industrialization and economic growth. It is quite apparent in the international (and even national) discussions on the subject that 178. See note 169, supra. 179. On October 29, 1969, U.S. Senator Cranston introduced S. 3093 which would suspend all further federal leasing in offshore California provided that state law prohibits the issuance of oil and gas leases in offshore areas adjacent to the outer continental shelf. On February 26, 1970, U.S. Senator Muskie introduced S. 3516 which would require the Secretary of the Interior to assume operations with respect to all federal leases in the Santa Barbara Channel and terminate permanently all such operations in an orderly and safe fashion. S. 3516 would authorize actions against the United States to recover damages for the termination of such operations. In addition a number of complementary measures have been introduced in the California Legislature. Even if federal legislation on the subject is not adopted, it is highly unlikely, however, that the Secretary of the Interior would hold any lease sales in Southern California for some time to come. 77-463 0- 72 - pt.3 - 21 PAGENO="0322" 1640 July 19701 OUTER CONTINENTAL ShELF LANDS ACT 491 the current concern over environmental quality is one relevant priiici pally to affluent couiitri~s and peoples that can afford what is essen- tially a new luxury in an industrial society Lesser dLveloped coun tries and peoples would like to first enjoy the benefitsof industrial- ization and technology before they begin to control its deleterious aspects.' 80 They would also like their first chance to pollute. This coastal zone management problem could be corrected in large pait by the United States asserting jurisdiction over such areas as inland waters under either an "historic bay" or a "straight baseline" concept where the international criteria for doing so are met 1 8 1 Application of a straight baseline form of measurement would clearly seem appropriate in the case of Alaska with its deeply indented coastline and economic dependence on offshore fisheries and other resources. Other situations for favorable application exist in Maine, Massachusetts and Louisiana.' 82 In all of these areas and in Califor- nia as well strong cases exist for the claiming of portions of these areas as historic bays. 183 The United States is currently in litigation with all of these states as to the location of their offshore boundaries and this appears to account for the reluctance of the federal government to make int r national assertions of jurisdiction over these areas as inland waters 1 84 Under the Submerged Lands Act of 1953 the coastal 180. See U.N. Press Releases on Preparatory Committee for United Nations Conference on Human Environment HE lfRev.1, Mar. 6, 1970 to HE/16, Mar. 20, 1970,passim. i8i. See note 65, supra. 182. In United States v. Louisiana, 394 U.S. 11, 72, the Court noted that "the straight baseline method was designed for precisely such coasts as the Mississippi River Delta area." 183. Juridical Regime of Historic Waters, Including Historic Bays, 2 Y.B. Int'l L. Comm'n 1, 13, U.N. Doc. A/CN. 4/143 (1962). See United States v. California, 381 US. 139 (1965) United States v Louisiana 394 U S 11 23 72 (1969) 184 In 1958 the United States filed suit against Alaska to enjoin state leasing in the Cook Inlet more than three miles from shore or from a 24-mile closing line drawn across the Inlet The State seeks to establish that the entire Inlet is within its jurisdiction as a histoiic bay There are many other potentially oil rich areas such as Bristol Bay in which similar title disputes are foreseeable in Alaska. The highly convoluted and unstable Louisiana offshore has been referred to a special master to determine whether various water areas are inland waters on the basis of the application of the principles set forth in the Convention on the Territorial Sea arid Contiguous Zone or on historic grounds. United States v. Louisiana, 394 U.S. 11(1969). On April 26, 1968, the State of Maine accepted for filing an "application to record the `Staking out of a claim accompanied by the required statutory fee In response the United States filed complaint against the State of Maine and all other Atlantic Coast states v~hicli it stat~d Em] n the exercise of the rights claimed by it the State [of Maine] has purportm.d lo grant exclusive oil~ and gas ~xploration ~nd exploitation rights in approximately 3.3 million acres of land submerged in the Atlantic Ocean in the area in controversy and thereby put in Issue all federal-state boundaries on that coast. See Krueger, The Dem'elop~nent and ~Id?ninistration of the Outer continental Shelf Lands of the United States, Proceedings, PAGENO="0323" 1641 492 NATURAL RESOURCES JOURNAL IVol. 10 states were given ownership of all lands lying three miles seaward of the line of low tide or inland waters, which were regarded as being a part of the state.' 8 S Jf the federal government had made or were to make an assertion that an area were inland waters it would, there- fore, be a concession of this state's ownership thereto and the area lying three miles beyond.' 8 6 It may be that this essentially proprietary concern was sufficiently valid in the past to discourage the federal government from making international claims for which it had proper grounds. In light of the Nixon proposal, however, it would no longer seem to be an intelli- gent deterrent. The Nixon proposal is sufficiently liberal in its con- cessions with respect to the continental shelf without a beneficence from the country's inland waters, particularly one that could come in part from the pocket of the (U.S.) coastal states. The liberal posture toward settlement of internatiOnal claims and interests contained in the Nixon proposal may very well be in the national interest, but it would seem incumbent upon the federal government to take equally progressive steps toward the settlement of the state-federal boundary disputes and make such international assertions as appear appropriate, even if the result would inure in part to the benefit of the coastal states. The needs of many of the (U.S.) coastal states for funds for economic development is not ir- relevant to this issue. The issue here extends not merely to ownership of offshore re- sources, but more importantly to jurisdiction over them. If (U.S.) coastal states do not have jurisdiction over areas that are of func- tional importance to them, they will be without the ability to co- ordinate and give priorities among all uses and resources that influ- ence their coastal zone. There seems to be within the federal government a strong and growing recognition that (U.S.) coastal states are the proper repositories for coastal zone management responsibilities.' 8 There would not, therefore, appear to be any 14th Ann. Rocky Mt. Mi L. Inst. 643, 687-688 (1968). The issues presently remaining in dispute with respect to California are insignificant. 185. 43 U.S.C. § 1301 etseq. (1953). . - 186. See United States v. California, 381 U.S. 139, 172-174, (1965); note 18 supra. 187. The Marine Sciences Commissioners recommended the adoption of a Coastal Man- agement Act to establish policy objectives and authorize grants-in-aid to coastal states to plan and manage coastal waters and adjacent lands. Our Nation aral The Sea, note 3, supra, at 57. Bills have been introduced in Congress. (S. 2802, S. 3460, S. 3183, H.R. 14730 and H.R. 14731) which all provide for grants to coastal states for designated state authorities to develop long-range plans for their coastal zones. After approval of the plans by a federal agency, the state authorities may also be given up to 50% of the cost of implementing their PAGENO="0324" 1642 July 1970J OUTER CONTINENTAL SHELF LANDS ACT 493 valid long-range reason to minimize the jurisdictional position of the states in the offshore. Similaily, the Nixon proposal in its piesent form does not give adequate recognition to the inteiests of the national co istal st ite over `other uses" of the seabed and oceaii w'iteis in the intern itional trusteeship territory for such as traditional real property, recreational and military uses. It would clearly seem that the nexus between the "continental margin" and the coastal nation which justifies coastal management in the case of natural resources of the seabed would also justify management and jurisdiction in the case of these other uses which could equally, perhaps more significantly, affect the condition of the coastal zone.' 8 8 Already there have been attempts to build islands on the Cortes Bank which lies 120 miles off Southern Cali fornia in an area over which the United States asserted jurisdiction as outer continental shelf of this country in 1967 under the Outer Continental Shelf Lands Act.' 89 It would be unfortunate if the authority of the federal government were left to "implied" or "in herent" powers arising under its sovereignty or the "freedom of the seas" as to which world opinion might change as quickly as it may have done regarding the continental shelf.' 90 In the future, artificial islands and other fixed living habitats are likely to be of great signili- cance and the coastal states' jurisdiction and control over them in the proposed international trusteeship zone should be well established pians. The coastal zone is described in the bills as being limited to the territorial sea or the seaward boundaries of the states which would probably not cover areas such as the Santa Barbara Channel which could prevent planning problems See hearings on Coastal Zoue Sfanagernent Conference Before the Subconim. on Oceanography of the House Comm. on Merch. Marine and Fisheries, 91st Cong., 1st Sess., H.R. Rep. No. 9i-i4 at 195 (1969). There is a strong Congressional and administrative support for the coastal zone management concept and it is quite likely that federal legislation on this subject will ultimately be successful. The bills dealing with this concept call for the preparation of a comprehensive coastal zone plan by the coastal state on a matching fund basis. If the plan is then approved by the federal government as meeting federal policy objectives in the coastal zone and the state is determined to be institutionally organized to implement the plan annual grants in aid to the coastal state for the cost of implementing the plan are to be authorized. See Press Release Office of the Vice President October 19 1969 i88 Offshore islands and other man made coastal installations -ire proving to be veiy much in demand if not necessary in urbanized coastal areas There have been a vast variety of such structures and installations proposed for continental sinif areas including airports floating cities and hotels. See Urban Expansion Takes to tile Water, Fortune Magazine 131 (Sept. 1969); Nossaman OCS Study, supra, note 37, § 11.61. The fact that the Convention on the Continental Shelf does not expressly provide for such uses does not mccssari'y mean that a coastal state is without the power to make use of its continental shelf for such Purposes, although a negative inference in this regard can be drawn from the language of the Convention A valid case can be made that military installations are a permitttd use of the continental shelf by reason of the coastal nations' inherent right of self-defense. 189. 1 Nossaman OCS Study, supra, note 37, at 20. 190 See Franklin supra note 1 and McDougal & Burke supra note 115 PAGENO="0325" 1643 494 NATURAL RESOURCES JOURNAL [Vol.10 It is recognized that the Nixon proposal is of necessity of pre- liininary and sparse nature at this point and that its present purpose is clearly to serve as a vehicle for future discussions which should de- velop detailed provisions on the many and complex subjects with which it deals. It will be unfortunate, however, if national and inter- national discussions on the proposal fail to develop provisions dealing with the foregoing problem areas. If they do not it is questionable whether it will meet the obvious interest of nations in offshore activ- ities and pollution that affect their coastal zones that is evidenced by the recent Canadian legislation or the stated goals of saving "over two-thirds of the earth's surface from national conflict and rivalry [and protectingj it from pollution." 9 1 191. See note 169, supra, and accompanying text. PAGENO="0326" 1644 July 19701 OUTER CONTJNFNTAL SHElF LANDS ACT 495 Appendix APPENDIX A SUBMERGED LANDS ACT AN ACT To confirm and establish the titles of the St ites to lands bcneath navigable waters within State boundaiies and to the natural resources within such hands and waters to provide for the use and control of said lands and resources and to confirm the jurisdition and control of the United Statt~s over the natural resources of the seabed of the Continental Sht~lf seaward of State boundaries Be it enacted by the Senate and House of Representatives of the United States of America in congress assembled, That this Act may be cited as the "Submerged Lands Act". TITLE! DEFINITION SEC 2 When used in this Act- (a) The term lands beneath navigable waters means- (1) all lands within the boundanes of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States it the time such State became a member of the Union, or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction; (2) all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the' coast line of each such State and to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore approved by Congress, extends seaward (or into the Gulf of Mexico) beyond three geographical miles, and (3) all filled in made or reclaimed lands which formerly were lands beneath nay igable waters as hereinabove defined (b) The term boundaries includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the thne such Stat4 b~came a member of the Union or as heretofore approved by the Congress or as extended or confirmed pursuant to section 4 hereof but in no event shall the term boundaries or the term "lands beneath navigable waters" be interpxeted as extending from the coast line more than three geographical miles into the Atlantic Ocean or the Pacific Ocean or mon than three marine leagues into the Gulf of Mexico; (c) The term coast line means the line of ordinary low water along that portion of thc toast which is in direct contact with the open sea and the line marking the seaward limit ol inlind waters (d) The terms grantees and lessees include (without limiting the generality thereof) all political subdivisions municipalities public and private corporations and other persons holding grants or leases from a State or from its predecessor sovereign if legally validated to lands beneath navigable watcrs if such grants or leases were issued in accordance with the constitution statutes and decisions of the courts of the State in ~vhu~h such lands are situated or of its pre'iecessor sovereign Provided however That nothing herein shall be construed as conferring upon said grantees or lessees any greater rights or interi~sts other than are described herein and in their respective grants from the State, or its predecessor Sovereign; (~) The term natural resources includes without limiting the generality thereof oil gas, and aU other minerals, and fish, shrimp, oysters, clams, crabs, lobsters, sponges, kelp, PAGENO="0327" 1645 496 NATURAL RESOURCES JOURNAL [Vol. 10 and other marine animal and plant life but does not include water power, or the use of water for the production of power; (fl The term "lands beneath navigable waters" does not include the beds of streams in lands now or heretofore constituting a part of the public lands of the United States if such streams were not meandered in connection with the public survey of such lands under the laws of the United States and if the title to the beds of such streams was lawfully patented or conveyed by the United States or any State to any person; (g) lie term "State" means any State of the Union; (h) The term "person" includes, in addition to a natural person, an association, a State, a political subdivision of a State, or a private, public, or municipal corporation. TITLE II LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES Sec. 3. RIGHTS OF THE STATES- (a) It is hereby determined and declared to be in the public interest that (1) title to and ownership of the lands beneath navigable waters within the boundaries of the respective States, and the natural resources within such lands and waters, and (2) the right and power to manage, administer, lease, develop, and use the said lands and natural resources all in accordance with applicable State law be, and they are hereby, subject to the provisions hereof, recognized, conf'inned, established, and vested in and assigned to the respective States or the persons who were on June 5, 1950, entitled thereto under the law of the respective States in which the land is located, and the respective grantees, lessees, or suc~ cessors in interest thereof; (b) (1) The United States hereby releases and relinquishes unto said States and persons aforesaid, except as otherwise reserved herein, all right, title, and interest of the United States, if any it has, in and to all said lands, improvements, and natural resources (2) the United States hereby releases and relinquishes all claims of the United States if any it has, for money or damages arising out of any operations of said States or persons pursuant to State authority upon or within said lands and navigable waters; and (3) the Secretary of the Interior or the Secretary of the Navy or the Treasurer of the United States shall pay to the respective States or their grantees issuing leases covering such lands or natural resources all moneys paid thereunder to the Secretary of the Interior or to the Secretary of the Navy or to the Treasurer of the United States and subject to the control of any of them or to the control of the United States on the, effective date of this Act, except that portion of such moneys which (1) is required to be returned to a lessee; or (2) is deductible as provided by stipulation or agreement between the United States and any of said States; (c) The rights, powers, and titles hereby recognized, confirmed, established, and vested in and assigned to the respective States and their grantees are subject to each lease executed by a State, or its grantee, which was in force and effect on June 5, 1950, in accordance with its terms and provisions and the laws of the State issuing, or whose grantee issued, such lease, and such rights, powers, and titles are further subject to the rights herein now granted to any person holding any such lease to continue to maintain the lease, and to conduct operations thereunder, in accordance with its provisions, for the full term thereof, and any extensions, renewals, or replacements authorized therein, or heretofore authorized by the laws of the state issuing, or whose grantee issued such lease: Provided, however, That, if oil or gas was not being produced from such lease on and before December 11, 1950, or if the primary term of such lease has expired since December 11, 1950, then for a term from the effective date hereof equal to the term remaining unexpired on December 11, 1950, under the provisions of such lease or any extensions, renewals, or replacements authorized therein, or heretofore authorized by the laws of the State issuing, or whose grantee issued, such lease: Provided, however, That within ninety days from the effective date hereof (i) the lessee shall pay to the State or its grantee issuing such lease all rents, royalties, and other sums payable between June 5, 1950, and the effective date hereof, under such lease and the laws of the State issuing or whose grantee issued such lease, except such rents, royalties, and other sums as have been paid to the State, its grantee, the Secretary of the Interior or the Secretary of the Navy or the Treasurer of the United States and not refunded to the lessee; PAGENO="0328" V V 1646 July 19701 OUTER CONTINENfJIL SHElF lANDS ACT 497 and (ii) the lessee sirill fib with the Secretary of the Interior or the Sccretary of the N ivy and with the State issuing or whose grantee issued such kase instruments consenting to the payment by the Secretary of the lnt~rior or the Secretary of the Navy or the Treasurir of the United States to the St~itc or its grintec issuinl, the tease of all rents royalties and other payments under the control of the Secretasy of tht~ Interior or the Secret'iry of the Navy or the Treasurer of the Unib.d States or tlu. United St iti~s whih h we bccn paid under the lease except such rentals royaltics and other payments `is have ilso been paid by he lessee to the State or its grantee; (d) Nothing in this Act shall affect the us~ development improvement or control by or under the constitutional authority of the United States of said lands and waters for the purposes of navigation or flood control or the production of power. or be construed as the release or relinquishment of any rights of the United States arising under the constitutional authority of Congress to regulate or improve navigation or to provide for flood control or the production of power (e) Nothing in this Act shall be construed as affecting or intended to affect or in any way interfere with or modify the laws of the States which lie wholly or in part westward of the ninety eighth meridian relating to the ownership and control of ground and surface waters and the control appropriation use and distribution of such waters shall continue to be in accordance with the laws of such States SEC 4 SEAWARD BOUNDARIES -The seaward boundary of each original coastal State is hereby approved and confirmed as a line three geographical miles distant from its coast line or in the case of the Great Lakes to the international boundary Any St ite admitted subsequent to the formation of the Union which has not already done so may extend its seaward boundaries to a line three geographical miles distant from its coast line or to the international boundaries of the United States in the Great Lakes or any other body of water traversed by such boundaries Any claim heretofore or hereafter asserted either by constitutional provision statute or otherwise indicating the intent of a State so to extend its boundarics is hereby approved and confirmed without prejudice to its claim if any it has that its boundaries extend beyond that line Nothing in this section is to be constnn d as questioning or in any manner prejudicing the existence of any State s seaward boundary beyond three geographical miles if it was so provided by its constitution or laws prior to or at the time such State became member of the Union or if it has been heretofore approv d by Congress SEC. 5. EXCEPTIONS FROM OPERATION OF SECTION 3 OF THIS ACT.-There is excepted from the operation of section 3 of this Act- (a) all tracts or parcels of land together with all accretions thereto, resources therein, or improvements thereon, title to which has been lawfully and expressly acquired by the United States from any State or from any person in whom title had vested under the law of the State or of the United States, and all lands which the United States lawfully holds under the law of the State all lands expressly retained by or ceded to the United States when the State entered the Union (otherwise than by a general retention or cession of lands under lying the marginal sea) all lands acquired by the United States by eminent domain proceed ings purchase cession gift or otherwise in a proprietary capacity all lands filled in built up or otherwise reclaimed by the United States for its own use and any rights the United States has in lands presently and actually occupied by the United States under claim of right (b) such lands beneath navigable waters held or any interest in which is held by the United States for the benefit of any tribe band or group of Indians or for individu ii Indians and (c) all structures and improvements constructed by the United States in the exercise of its navigational servitude SEC 6 POWERS RETAINED BY THE UNITED STATES -(a) The United States retains all its navigational servitude and rights in and powers of regulation snd control of said lands and navigable waters for the constitutional purposes of commerce navigation national defense and international affairs all of which shall be paramount to but shall not be deemed to include proprietary rights of ownership or the rights of management adminis tration leasing use and development of the lands and natural resources which are specific f PAGENO="0329" 1647 498 NATURAL RESOURCES JOURNAL fy01. 10 ) ally recognized, confirmed, established, and vested in and assigned to the respective States and others by section 3 of this Act. (b) In time of war or when necessary for national defense, and the Congress or the President shall so prescribe, the United States shall have the right of first refusal to purchase at the prevailing market price, all or any portion of the said natural resources, ~r to acquire and use any portion of said lands by proceeding in accordance with due process of law and paying just compensation therefor, SEC. 7. Nothing in this Act shall be deemed to amend, modify, or repeal the Acts of July 26, 1866 (14 Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877 (19 Stat. 377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat. 887), and Acts amendatory thereof or supplementary thereto. SEC. 8. Nothing contained in this Act shall affect such rights, if any, as may have been acquired under any law of the United States by any person in lands subject to this Act and such rights, if any, shall be governed by the law in effect at the time they may have been acquired: Provided, however, That nothing contained in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that the law under which such rights may be claimed in fact or in law applies to the lands subject to this Act, or authorizes or compels the granting of such rights in such lands, and that the determination of the applicability or effect of such law shall be unaffected by anything contained in this Act. SEC. 9. Nothing in this Act shall be deemed to affect in any wise the rights of the United States to the natural resources of that portion of the subsoil and seabed of the Continental Shelf lying seaward and outside of the area of lands beneath navigable waters, as defined in section 2 hereof, all of which natural resources appertain to the United States, and the jurisdiction and control of which by the United States is hereby confirmed. SEC. 10. Executive Order Numbered 10426, dated January 16, 1953, entitled "Setting Aside Submerged Lands of the Continental Shelf as a Naval Petroleum Reserve", is hereby revoked insofar as it applies to any lands beneath navigable waters as defined in section 2 hereof. - SEC. 11. SEPARABILITY.-If any. provision of this Act, or any section, subsection, sentence, clause, phrase or individual word, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application * of any such provision, section, subsection, sentence, clause, phrase or individual word to other persons and circumstances shall not be affected thereby; without limiting the general- ity of the foregoing, if subsection 3 (a) 1, 3 (a) 2, 3 (b) 1, 3 (b) 2, 3 (b) 3, or 3 (c) or any provision of any of those subsections is held invalid, such subsection or provision shall be held separable and the remaining subsections and provisions shall not be affected thereby. Approved May 22, 1953. APPENDIX 13 CONVENTION ON THE TERRITORIAL SEA AND THE CONTIGUOUS ZONE* The States Parties to this Convention Have Agreed as follows: PART I: TERRITORIAL SEA Section 1. General ARTICLE 1 1. The sovereignty of a State extends, beyond its land territory and its internal waters, to a belt of sea adjacent to its coast, described as the territorial sea, 2. This sovereignty is exercised subject to the provisions of these articles and to other rules of international law. PAGENO="0330" 1648 July 1970J OUTLR CON7JNENT.4L SIJFIF L4NDS ACT 499 ARTICLE 2 The sovereignty of a coastal State extends to the air space over the territorial sea as; well as to its bed and subsoiL Section 11. Limits of the Territorial Sea ARTICLE 3 Except where otherwise provided in these articles, the normal baseline for measuring the breadth of the territorial sea is the low water line along the coast as marked on large scale charts officially recognized by the coastal State. AR FICLE 4 1 In localities where the coast line is deeply indented and cut into or if there is a fiinge of islands along the coast in its immediate vicinity the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured. 2. The drawing of such baselines must not depart to any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime of internal waters 3. Baselines shall not be drawn to and from low-tide elevations unless lighthouses or similar installations which are permanently above sea level have been built on them 4 Where the method of straight baselines is applicable under the provisions of paragiaph 1 account may be taken in determining particular baselines of economic interests peculiar to the region concerned, the reality and the importance of which are clearly evidenced by a long usage. 5 The system of straight baselines may not be applied by a State in such a manner as to cut off from the, high seas the territorial sea of another State. 6. The coastal State must clearly indicate straight baselines on charts, to which due publicity must be given. ARTICLES 1. Waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State 2 Where the establishment of a straight baseline in accordance with article 4 has the effect of enclosing as internal waters areas which previously had been considered as part of the terntorial sea or of the high seas a nght of innocent passage as provided in articles 14 to 23 shall exist in those waters ARTICLE 6 The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea. ARTICLE 7 1. This article relates only to bays the coasts of which belong to a single State. 2. For the purposes of these articles, a bay is a well-marked indentation whose penetra- tion is in such proportion to the width of its mouth as to contain landlocked waters and Constitute more than a mere curvature of the coast. An indentation shall not, however, be regarded as a bay unless its area is as large as, or larger than, that of the semi-circle whose diameter is a line drawn across the mouth of that indentation 3 For the purpose of measurement the area of an indentation is that lying betsseen the low-water mark around the shore of the indentation and a line joining the low-water marks of its natural entrance points Where because of the presence of islands an indentation has more than one mouth, the semi-circle shall be drawn on a line as long as the sum total of the lengths of the lines across the different mouths. Islands within an indentation shall be included as if they were part of the water area of the indentation. 4. If the distance between the low-water marks of the natural entrance points of a bay does not exceed twenty-four miles, a closing line may be drawn between these two low- Water marks, and the waters enclosed thereby shall be considered as internal waters. PAGENO="0331" 1649 500 NATURAL RESOURCES JOURNAL [Vol.10 5. \Vhere the distance between the low-water marks of the natural entrance points of a bay exceeds twenty-four miles, a straight baseline of twenty-four miles shall be drawn within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length. 6. The foregoing provisions shall not apply to so-called "historic" bays, or in any case where the straight baseline system provided for in article 4 is applied. ARTICLE 8 For the purpose of delimiting the territorial sea, the outennost permanent harbour works which form an integral part of the harbour system shall be regarded as forming part of the coast ARTICLE 9 Roadsteads which are nonnally used for the loading, unloading and anchoring of ships, and which would otherwise be situated wholly or partly outside the outer limit of the territorial sea, are included in the territorial sea. The coastal State must clearly demarcate such roadsteads and indicate them on charts together with their boundaries, to which due publicity must be given. ARTICLE 10 1. An island is a naturally-formed area of land, surrounded by water, which is above water at high-tide. 2. The territorial sea of an island is measured in accordance with the provisions of these articles. - ARTICLE!! 1. A low-tide elevation is a naturally-formed area of land which is surrounded by and above water at low-tide but submerged at high tide. Where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the mainland or an island, the low-water line on that elevation may be used as the baseline for measuring the breadth of the territorial sea. 2. Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the mainland or an island, it has no territorial sea of its own. ARTICLE 12 1. Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its ter- ritorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. The provisions of this paragraph shall not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance with this provision. 2. The line of delimitation between the territorial seas of two States lying opposite to each other or adjacent to each other shall be marked on large-scale charts officially recog- nized by the coastal States. ARTICLE 13 If a river flows directly into the sea, the. baseline shall be a str'aight line across the mouth of the river between points on the low-tide line of its banks. Section lii. Right of Innocent Passage Sub-Section A. Rules Applicable to All Ships ARTICLE 14 1. Subject to the provisions of these articles, ships of all States, whether coastal or not, shall enjoy the right of innocent passage through the territorial sea. 2. Passage means navigation through the territorial sea for the purpose either of travers- PAGENO="0332" July 19701 OUTER CONTINENTAL SHELF LANDS ACT ing that sea `without entering internal waters, or of proceeding to internal waters, or of making for the high seas from internal waters. 3. Passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force inajeure or by distress 4. Passage is innocent so long as it is not prejudicial to the peace, gçod order or security of the coastal State Such passage shall take place in conformity with these articles and with other rules of international law. 5. Passage of foreign fishing vessels shall not be considered innocent if they do not observe such laws and regulations as the coastal State may make and publish in order to prevent these vessels from fishing in the territorial sea. 6. Submarines are required to navigate on the surface and to show their flag. ARTICLE 15 1. The coastal State must not hamper innocent passage through the territorial sea. 2. The coastal State is required to give appropriate publicity to any dangers to naviga- tion, of which it has knowledge, within its territorial sea. Sub-Section B. Rules Applicable to Merchant Ships ARTICLE 18 1 No charge may be levied upon foreign ships by reason only of their passage through the territorial sea. 2 Charges may be levied upon a foreign ship passing through the territorial sea as payment only for specific services rendered to the ship These charges shall be levied with out discrimination. ARTICLE 19 1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connexion with any crime committed on board the ship during its passage, save only in the following cases: (a) If the consequences of the crime extend to the coastal State; or (b) If the crime is of a kind to disturb the peace of the country or the good order of the territorial sea or (c) If the assistance of the local authorities has been requested by the captain of the ship or by the consul of the country whose flag the ship flies or (d) If it is necessary for the suppression of illicit traffic in narcotic drugs 2 The above provisions do not affect the right of the coastal State to take any steps 1650 501 ARTICLE 16 1. The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent. 2. In the case of ships proceeding to internal waters, the coastal State shall also have the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to those waters is subject. 3. Subject to the provisions of paragraph 4, the coastal State may, without discrimina.. lion amongst foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security. Such suspension shall take effect only after having been duly published. 4 There shall be no suspension of the innocent passage of foreign ships through straits which are used for international navigation between one part of the high seas and another part of the high seas or the terntonal sea of a foreign state ARTICLE 17 Foreign ships exercising the right of innocent passage shall comply with the laws md regulations enacted by the coastal State in conformity with these articles and other rules of international law and, in particular, with such laws and regulations relating to transport and navigation. PAGENO="0333" 1651 502 NATURAL RESOURCES JOURNAL [Vol. 10 authorized by its laws for the purpose of an arrest or investigation on board a foreign ship passing through the territorial sea after leaving internal waters. 3. In the cases provided for in paragraphs 1 and 2 of this article, the coastal State shall, if the Captain so requests, advise the consular authority of the flag State before taking any steps, and shall facilitate contact between such authority and the ship's crew. In cases of emergency this notification may be communicated while the measures are being taken. 4. In considering whether or how an arrest should be made, the local authorities shall pay due regard to the interests of navigation. 5. The coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest any pçrson or to conduct any investigation in àonnection with any crime committed before the ship entered the territorial sea, if the ship, proceeding from a foreign port, is only passing through the territorial sea without entering internal waters. ARTICLE 20 1. The coastal State should not stop or divert a foreign ship passing throogh the territorial sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship. 2. The coastal State may not levy execution against or arrest the ship for the purpose of any civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through the waters of the coastal State. 3. The provisions of the previous paragraph are without prejudice to the right of the coastal State, in accordance with its laws, to levy execution against or to arrest, for the purpose of any civil proceedings, a foreign ship lying in the territorial sea, or passing through the territorial sea after leaving internal waters. Sub-Section C. Rules Applicable to Government Ships Other Than Warships ARTICLE 21 The rules contained in sub-sections A and B shall also apply to government ships operated for commercial purposes. ARTICLE 22 1. The rules contained in sub-section A and in article 19 shall apply to government ships operated for non-commercial purposes. 2. With such exceptions as are contained in the provisions referred to in the preceding paragraphs, nothing in these articles affects the immunities which such ships enjoy under these articles or other rules of international law. Sub-Section D. Rule Applicable to Warships ARTICLE 23 If any warship does not comply with the regulations of the coastal State concerning passage through the territorial sea and disregards any request for compliance which is made to it, the coastal State may require the warship to leave the territorial sea. PART II. CONTIGUOUS ZONE ARTICLE 24 1. In a zone of the high seas contiguous to its territorial sea, the coastal State may exercise the control necessary to: (a) Prevent infringement of its customs, fiscal, immigration or sanitary regulations within its territory or territorial sea; PAGENO="0334" 1652 July 1970) OUTER CONTINENTAL SHELF lANDS ACT 503 (b) Punish infringement of the above regulations committed within its territory or territorial sea. 2. The contiguous zone may not extend beyond twelve miles from the baseline from which the breadth of the territorial sea is measured. 3. Where the coasts of two States are opposite or adjacent to each other, neither of the. two States is entitled, failing agreement between them to the contrary, to extend its con- tiguous zone beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of the two States is measured \ PART Ill FINAL ARTICLES ARTICLE 25 The provisions of this Convention shall not affect conventions or other international agreements already in force, as between States Parties to them. ARTICLE 26 This Convention shall until 31 October 1958 be open for signature by all States Mem bers of the United Nations or of any of the specialized agencies and by any other State invited by the General Assembly to become a Party to the Convention ARTICLE 27 ~. - This Convention is subject to ratification The instruments of ratification shall be de posited with the Secretary General of the United Nations ARTICLE 28 This Convention shall be open for accession by any States belonging to any of the categories mentioned in article 26 The instruments of accession shall be deposited with the Secretary-General of the United Nations. ARTICLE 29 1. This Convention shall come into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary- General of the United Nations. 2 For each State ratifying or acceding to the Convention after the deposit of the twenty second instrument of ratification or accession the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession ARTICLE 30 1 After the expiration of a period of five years from the date on which this Convention shall enter into force a request for the revision of this Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary General. .2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such request. ARTICLE 31 The Secretary General of the United Nations shall inform all States Members of the United Nations and the other States referred to in article 26 (a) Of signatures to this Convention and of the deposit of instruments of ratification or accession in accordance with articles 26 27 and 28 (b) Of the date on which this Convention will come into force in accordance with article 29 (c) Of requests for revision in accordance with article 30 / ARTICLE 32 The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations who shall send certified copies thereof to all States referred to in article ~)6 PAGENO="0335" 1653 504 NATURAL RESOURCES JOURNAL [Vol. 10 In witness whereof the undersigned Plenipotentiaries, being duly authorizcd thereto by their respective Governments, have signed this Convention. Done at Genei'a, this twenty-ninth day of April one thousand nine hundred and fifty- eight. APPENDiX C TRUMAN PROCLAMATION ON THE CONTINENTAL SHELF PROCLAMATION 2667 Policy of the United States with Respect to the Natural Resources of the Subsoil and the Sea Bed of the Continental Shelf.* \VHEREAS the Government of the United States of America, aware of the long range world-wide need for new sour~es of petroleum and other minerals, holds the view that efforts to discover and make available new supplies of these resources should be encouraged; and WHEREAS its competent experts are of the opinion that such resources underlie many parts of the continental shelf off the coasts of the United States of America, and that with modern technological progress their utilization is abeady practicable or will become so at an early date; and WHEREAS recognized jurisdiction over these resources is required in the interest of their conservation and prudent utilization when and as development is undertaken; and WHEREAS it is the view of the Government of the United States that the exercise of jurisdiction over the natural resources of the subsoil and sea bed of the continental shelf by the contiguous nation is reasonable and just, since the effectiveness of measures to utilize or conserve these resources would be contingent upon cooperation and protection from the shore, since the continental shelf may be regarded as an extension of the land-mass of the coastal nation and thus naturally appurtenant to it, since these resOurces frequently form a seaward extension of a pool or deposit lying within the territory, and since self-protection compels the coastal nation to keep close watch over activities off its shores which are of the nature necessary for utilization of these reso!~rces; NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do hereby proclaim the following policy of the United States of America with respect to the natural resources of the subsoil and sea bed of the continental shelf. Having concern for the urgency of conserving and prudently utilizing its natural resources, the Government of the United States regards the natural resources of the subsoil and sea bed of the continental shelf beneath the high seas but contiguous to the coasts of the United States as appertaining to the United States, subject to its jurisdiction and control. In cases where the continental shelf extends to the shores of another State, or is shared with an adjacent State, the boundary shall be determined by the United States and the State concerned in accordance with equitable principles. The character as high seas of the waters above the continental shelf and the right to their free and unimpeded navigation are in no way thus affected. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed. DONE at the City of Washington this 28th day of September, in the year of our Lord nineteen hundred and forty-five, and of the Independence of the United States of America the one hundred and seventieth. HARRY S. TRUMAN By the President: DEAN ACHESON, Acting Secretary of State. *See Executive Order 9633, 3 C.F.R. 1943-1948. PAGENO="0336" 1654 July 1970) OUTER C'ONTJNENTAL SHELF LANDS ACT 505 APPENDIX D OUTER CONTINENTAL SHELF LANDS ACT AN ACT To provide for the jurisdiction of the United States over the submerged lands of the outer Continental Shelf and to authorize the Secretary of the Interior to lease such lands for certain purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled That this Act may be cited as the Outer Continental Shelf Lands Act SEC 2 DEFINITIONS -When used in this Act- (a) The term outer Continental Shelf' means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 2 of the Sub merged Lands Act (Public Law 31 Eighty third Congress first session) and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control (b) The term Secretary means the Secretary of the Interior (c) The term mineral lease means any form of authorization for the exploration for or development or removal of deposits of oil gas or other minerals and (d) The term person includes m addition to a natural person an association a State a political subdivision of a State or a private public or municipal corporation SEC 3 JURISDICTION OVER OUTER CONTINENTAL SHELF -(a) Itis hereby declared to be the policy of the United States that the subsoil and seabed of the outer Continental Shelf appertain to the United States and are subject to its jurisdiction contral, and power of disposition as provided in this Act (b) This Act shall be construed in such manner that the character as high seas of the water above the outer Continental Shelf and the right to navigation and fishing therein shall not be affected SEC 4 LAWS APPLICABLE TO OUTER CONTINENTAL SHELF -(a) (1) The Consti tution and laws and civil and political jurisdiction of the United States are hereby extended to the subsoil and seabed of the outer Continental Shelf and to all artificial islands and fix d structures which may be erected thereon for the purpose of exploring for developing removing and transporting resources therefrom to the same extent as if the outer Continental Shelf were an area of exclusive Federal jurisdiction located within a State Provided however That mineral leases on the outer Continental Shelf shall be maintained or issued only under the provisions of this Act (2) To the extent that they are applicable and not inconsistent with this Act or with other Federal laws and regulations of the Secretary now in effect or hereafter adopted the civil and criminal laws of each adjacent State as of the effective date of this Act are hereby declared to be the law of the United States for that portion of the subsoil and seabed of the outer Continental Shelf and artificial islands and fixed structures erected thereon which would be within the area of the State if its boundaries were extended seaward to the outc r margin of the outer Continental Shelf and the President shall determine and publish in the Federal Register such projected lines extending seaward and defining each such area. All of such applicable laws shall be administered and enforced by the appropriate officers and courts of the United States State taxation laws shall not apply to the outer Continent d Shelf. (3) The provisions of this section for adoption of State law as the law of the United States shall never be interpreted as a basis for claiming any interest in or jurisdiction on behalf of any State for any purpose over the seabed and subsoil of the outer Continental Shelf or the property and natural resources thereof or the revenues therefrom (b) The United Stated district courts shall have original jurisdiction of cases and controversies arising out of or in connection with any operations conducted on the outer Continental Shelf for the purpose of exploring for developing removing or transporting by PAGENO="0337" 1655 $06 NATURAL RESOURCES JOURNAL [Vol.10 pipeline the natural resources, or involving rights to the natural resources of the subsoil and seabed of the outer Continental Shelf, and proceedings with respect to any such case or controversy may be instituted in the judicial district in which any defendant resides or may be found, or in the judicial district of the adjacent State nearest the place where the cause of action arose. (c) With respect to disability or death of an employee resulting from any injury occurring as the result of operations described in subsection (b), compensation shall be payable under the provisions of the Longshoremen's and Harbor Workers' Compensation Act. Por the purposes of the extension of the provisions of the Longshoremen's and Harbor Workers' Compensation Act under this section- (1) the term "employee" does not include a master or member of a crew of any vessel, or an officer or employee of the United States or any agency thereof or of any State or foreign government, or of any political subdivision thereof; (2) the term "employer" means an employer any of whose employees are employed in such operations; and (3) the term "United States" when used in a geographical sense includes the outer Continental Shelf and artificial islands and fixed structures thereon. (d) For the purposes of the National Labor Relations Act, as amended, any unfair labor practice, as defined in such Act, occurring upon any artificial island or fixed structure referred to in subsection (a) shall be deemed to have occurred within the judicial district of the adjacent State nearest the place of location of such island or structure. (e) (1) The head of the Department in which the Coast Guard is operating shall have authority to promulgate and enforce such reasonable regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property on the islands and structures referred to in subsection (a) or on the waters adjacent thereto, as he may deem necessary. (2) The head of the Department in which the Coast Guard is operating may mark for the protection of navigation any such, island or structure whenever the owner has failed suitably to mark the same in accordance with regulations issued hereunder, and the owner shall pay the cost thereof. Any person, firm, company, or corporation who shall fail or refuse to obey any of the lawful rules and regulations issued hereunder shall be guilty of a misdemeanor and shall be fined not more than $100 for each offense. Each day during which such violation shall continue shall be considered a new offense. (f) The authority of the Secretary of the Army to prevent obstruction to navigation in the navigable waters of the United States is hereby extended to artificial islands and fixed structures located on the outer Continental Shelf. (g) The specific application by this section of certain provisions of law to the subsoil and seabed of the outer Continental Shelf and the artificial islands and fixed structures referred to in subsection (a) or to acts or offenses occurring or committed thereon shall not give rise to any interference that the application to such islands and structures, acts, or offenses of any other provision of law is not intended. SEC. 5. ADMINISTRATION OF LEASING OF THE OUTER CONTINENTAL SHEL'F.-(a) (1) The Secretary shall administer the provisions of this Act relating to the leasing of the outer Continental Shelf, and shall prescribe such rules and regulations as may be necessary to carry out such provisions. The Secretary may at any time prescribe and amend such rules and regulations as he determines to be necessary and proper in order to provide for the prevention of waste and conservation of the natural resources of the outer Continental Shelf, and the protection of correlative rights therein, and, notwithstanding any other provisions herein, such rules and regulations shall apply to all operations conducted under a lease issued or maintained under the provisions of this Act. In the enforcement of conservation laws, rules, and regulations the Secretary is authorized to cooperate with the conservation agencies of the adjacent States. Without limiting the generality of the foregoing provisions of this section, the rules and regulations prescribed by the Secretary thereunder may provide for the assignment or relinquishment of leases, for the sale of royalty oil and gas accruing or reserved to the United States at not less than market value, and, in the interest of conservation, for unitization, pooling, drilling agreements, suspension of opera~ tions or production, reduction of rentals or royalties, compensatory royalty agreements, 77-463 0 - 72 - pt. 3 - 22 PAGENO="0338" 1656 July 1970J OUTER CONTINENTAL SHELF LANDS ACT 507 subsurface storage of oil or gas in any of said submerged lands, and drilling or other easements necessary for operations or production. (2) Any person who knowingly and willfully violates any rule or regulation prescribed by the Secretary for the prevention of waste, the conservation of the natural resources, or the protection of correlative rights shall be deemed guilty of a misdemeanor and punishable by a fine of not more than $2,000 or by imprisonment for not more than six months, or by both such fine and imprisonment, and each day of violation shall be deemed to be a separate offense. The issuance and continuance in effect of any lease, or of any extension, renewal, or replacement of any lease under the provisions of this Act shall be conditioned upon compliance with thô regulations issued under this Act and in force and effect on the date of the issuance of the lease if the lease is issued under the provisions of section 8 hereof, or with the regulations issued under the provisions of section 6 (b), clause (2), hereof if the lease is maintained under the provisions of section 6 hereof. (b) (1) Whenever the owner of a nonproducing lease fails to comply with any of the provisions of this Act, or of the lease, or of the regulations issued under this Act and in force and effect on the date of the issuance of the lease if the lease is issued under the provisions of section 8 hereof, or of the regulations issued under the provisions of section 6 (b), clause (2), hereof, if the lease is maintained under the provisions of section 6 hereof, such lease may be canceled by the Secretary, subject to the right of judicial review as provided in section 8 (j), if such default continues for the period of thirty days after mailing of notice by registered letter to the lease owner at his record post office address. (2) Whenever the owner of any producing lease fails to comply with any of the pro- visions of this Act, or of the lease, or of the regulations issued under this Act and in force and effect on the date of the issuance of the lease if the lease is issued under the provisions of section 8 hereof, or of the regulations issued under the provisions of section 6 (b), clause (2), hereof, if the lease is maintained under the provisions of section 6 hereof, such lease may be forfeited and canceled by an appropriate proceeding in any United States district court having jurisdiction under the provisions of section 4 (b) of this Act. (c) Rights-of-way through the submerged lands of the outer Continental Shelf, whether or not such) lands are included in a lease maintained or issued pursuant to this Act, may be granted by the Secretary for pipeline purposes for the transportation of oil, natural gas, sulphur, or other mineral under such regulations and upon such conditions as to the applica- tion therefor and the survey, location and width thereof as may be prescribed by the Secretary, and upon express condition that such oil or gas pipelines shall transport or purchase without discrimination, oil or natural gas produced from said submerged lands in the vicinity of the pipeline in such proportionate amounts as the Federal Power Commis- sion, in the case of gas, and the Interstate Commerce Commission, in the case of oil, may, after a full hearing with due notice thereof to the interested parties, determine to be reasonable, taking into account, among other things, conservation and the prevention of waste. Failure to comply with the provisions of this section or the regulations and conditions prescribed thereunder shall be ground for forfeiture of the grant in an appropriate judicial proceeding instituted by the United States in any United States district court having juris- diction under the provisions of section 4 (b) of this Act. SEC. 6. MAINTENANCE OF LEASES ON OUTER CONTINENTAL SHELF.-(a) The provisions of this section shall apply to any mineral lease covering submerged lands of the outer Continental Shelf issued by any State (including any extension, renewal, or replace' ment thereof heretofore granted pursuant to such lease or under the laws of such State) if- (1) such lease, or a true copy thereof, is filed with the Secretary by the lessee or his duly authorized agent within ninety days from the effective date of this Act, or within such further period or periods as provided in section 7 hereof or as may be fixed from time to time by the Secretary; (2) such lease was issued prior to December 21, 1948, and would have been on June 5, 1950, in force and effect in accordance with its terms and provisions and the law of the State issuing it had the State had authority to issue such lease; (3) there is filed with the Secretary, within the period or periods specified in para- graph (1) of this subsection, (A) a certificate issued by the State official or agency having jurisdiction over such lease stating that it would have been in force and effect as PAGENO="0339" 1657 508 NATURAL RESOURCES JOURNAL (VoL 10 required by the provisions of paragraph (2) of this subsection, or (B) in the absence of such certificate, evidence in the form of affidavits, receipts, canceled checks, or other documents that may be required by the Secretary, sufficient to prove that such lease would have been so in force and effect; (4) except as otherwise provided in section 7 hereof, all rents, royalties, and other sums payable under such lease between June 5, 1950, and the effective date of this Act, which have not been paid in accordance with the provisions thereof, or to the Secretary or to the Secretary of the Navy, are paid to the Secretary within the period or periods specified in paragraph (1) of this subsection, and all rents, royalties, and other sums payable under such lease after the effective date of this Act, are paid to the Secretary, who shall deposit such payments in the Treasury in accordance with section 9 of this Act; (5) the holder of such lease certifies that such lease shall continue to be subject to the overriding royalty obligations existing on the effective date of this Act; (6) such lease was not obtained by fraud or misrepresentation; (7) such lease, if issued on or after June 23, 1947, was issued upon the basis of competitive bidding; (8) such lease provides for a royalty to the lessor on oil and gas of not less than l2Va per centum and on sulphur ofnot less than 5 per centum in amount or value of the production saved, removed, or sold from the lease, or, in any case in which the lease provides for a lesser royalty, the holder thereof consents in writing, filed with the Secretary, to the increase of the royalty to the minimum herein specified; (9) the holder thereof pays to the Secretary within the period or periods specified in paragraph (1) of this subsection an amount equivalent to any severance, gross production, or occupation taxes imposed by the State issuing the lease on the prô. duction from the lease, less the State's royalty interest in such production, between June 5, 1950, and the effective date of this Act and not heretofore paid to the State, and thereafter pays to the Secretary as an additional royalty on the production from the lease, less the United States' royalty interest in such production, a sum of money equal to the amount of the severance, gross production, or occupation taxes which would have been payable on such production to the State issuing the lease under its laws as they existed on the effective date of this Act; (10) such lease will terminate within a period of not more than five years from the effective date of this Act in the absence of production or operations for drilling, or, in any case in which the lease provides for a longer period, the holder thereof consents in writing, filed with the Secretary, to the reduction of such period so that it will not exceed the maximum period herein specified; and (11) the holder of such lease furnishes such surety bond, if any, as the Secretary may require and complies with such other reasonable requirements as the Secretary may deem necessary to protect the interests of the United States. (b) Any person holding a mineral lease, which as determined by the Secretary meets the requirements of subsection (a) of this section, may continue to maintain such lease, and may conduct operations thereunder, in accordance with (1) its provisions as to the area, the minerals covered, rentals and, sulject to the provisions of paragraphs (8), (9) and (10) of sul~section (a) of this section, as to royalties and as to the term thereof and of any exten~ sions, renewals, or replacements authorized therein or heretofore authorized by the laws of the State issuing such lease, or, if oil or gas was not being produced in paying quantities from such lease on or before December 11, 1950, or if production in paying quantities has ceased since June 5, 1950, or if the primary term of such lease has expired since December 11, 1950, then for a term from the effective date hereof equal to the term remaining unexpired on December 11, 1950, under the provisions of such lease or any extensions, renewals, or replacements authorized therein, or heretofore authorized by the laws of such State, and (2) such regulations as the Secretary may under section 5 of this Act prescribe within ninety days after making his determination that such lease meets the requirements of subsection (a) of this section: Provided, however, That any rights to sulphur under any lease maintained under the provisions of this subsection shall not extend beyond the primary term of such lease or any extension thereof under the provisions of such subsection (b) PAGENO="0340" 1658 July 1970] OUTER CONTINENTAL SHELF LANDS ACT 509 unless sulphur is being produced in paying quantities or drilling, well reworking, plant construction, or other operations for the production of sulphur, as approved by the Secretary, are being conducted on the area covered by such lease on the date of expiration of such primary term or extension: Provided further, That if sulphur is being produced in paying quantities on such date, then such rights shall continue to be maintained in ac- cordance with such lease and the provisions of this Act: Provided further, That, if the primary term of a lease being maintained under subsection (b) hereof has expired prior to the effective date of this Act and oil or gas is being produced in paying quantities on such date, then such rights to sulphur as the lessee may have under such lease shall continue for twenty-four months from the effective date of this Act and as long thereafter as sulphur is produced in paying quantities, or drilling, well working, plant construction, or other opera- tions for the production of sulphur, as approved by the Secretary, are being conducted on the area covered by the lease. (c) The permission granted in subsection (b) of this section shall not be construed to be a waiver of such claims, if any, as the United States may have against the lessor or the lessee or any other person respecting sums payable or paid for or under the lease, or respecting activities conducted under the lease, prior to the effective date of this Act. (d) Any person complaining of a negative determination by the Secretary of the Interior under this section may have such determination reviewed by the United States District Court for the District of Columbia by filing a petition for review within sixty days after, receiving notice of such action by the Secretary. (e) In the event any lease maintained under this sectioi4 covers lands beneath navigable waters, as that term is used in the Submerged Lands Act, as well as lands of the outer Continental Shelf, the provisions of this section shall apply to such lease only insofar as it covers lands of the outer Continental Shelf. SEC. 7. CONTROVERSY OVER JURISDICTION.-In the event of a controversy between the United States and a State as to whether or not lands are subject to the provisions of this Act, the Secretary is authorized, notwithstanding the provisions of subsections (a) and (b) of section 6 of this Act, and with the concurrence of the Attorney General of the United States, to negotiate and enter into agreements with the State, its political subdivision or grantee or a lessee thereof, respecting operations under existing mineral leases and payment and impounding of rents, royalties, and other sums payable thereunder, or with the State, its political subdivision or grantee, respecting the issuance or nonissuance of new mineral leases pending the settlement or adjudication of the controversy. The authorization con- tained in the preceding sentence of this section shall not be construed to be a limitation upon the authority conferred on the Secretary in other sections of this Act. Payments made pursuant to such agreement, or pursuant to any stipulation between the United States and a State, shall be considered as compliance with section 6 (a) (4) hereof. Upon the termination of such agreement or stipulation by reason of the fmal settlement or adjudication of such controversy, if the lands subject to any mineral lease are determined to be in whole or in part lands subject to the provisions of this Act, the lessee, if he has not already done so, shall comply with the requirements of section 6 (a), and thereupon the provisions of section 6 (b) shall govern such lease. The notice concerning "Oil and Gas Operations in the Sub- nierged Coastal Lands of the Gulf of Mexico" issued by the Secretary on December 11, 1950 (15 F.R. 8835), as amended by the notice dated January 26, 1951 (16 F.R. 953), and as supplemented by the notices dated February 2, 1951 (16 F.R. 1203), March 5, 1951 (16 F.R. 2195), April 23, 1951 (16 F.R. 3623), June 25, 1951 (16 F.R. 6404), August 22, 1951 (16 FR. 8720), October 24, 1951 (16 FR. 10998), December 21, 1951 (17 F.R. 43), March 25, 1952 (17 F.R. 2821), June 16, 1952 (17 F.R. 5833), and December 24, 1952 (18 F.R. 48), respectively, is hereby approved and confirmed. SEC. 8. LEASING OF OUTER CONTINENTAL SHELF.-(a) In order to meet the urgent need for further exploration and development of the oil and gas deposits of the submerged lands of the outer Continental Shelf, the Secretary is authorized to grant to the highest responsible qualified bidder by competitive bidding under regulations promulgated in ad- vance, oil and gas leases on submerged lands of the outer Continental Shelf which are not covered by leases meeting the requirements of subsection (a) of section 6 of this Act. The bidding shall be (1) by sealed bids, and (2) at the discretion of the Secretary, on the basis of PAGENO="0341" 1659 510 NATURAL RESOURCES JOURNAL [Vol.10 a cash bonus with a royalty fixed by the Secretary at not less than 12'/z per centum in amount or value of the production saved, removed or sold, or on the basis of royalty, but not at less than the per centum above mentioned, with a cash bonus fixed by the Secretary. (b) An oil and gas lease issued by the Secretary pursuant to this section shall (1) cover a compact area not exceeding five thousand seven hundred and sixty acres, as the Secretary may determine, (2) be for a period of five years and as long thereafter as oil or gas may be produced from the area in paying quantities, or drilling or well reworking operations as approved by the Secretary are conducted thereon, (3) require the payment of a royalty of not less than 12'/2 per centum, in the amount or value of the production saved, removed, or sold from the lease, and (4) contain such rental provisions and such other terms and provisions as the Secretary may prescribe at the time of offering the area for lease. (c) In order to meet the urgent need for further exploration and development of the sulphur deposits in the submerged lands of the outer Continental Shelf, the Secretary is authorized to grant to the qualified persons offering the highest cash bonuses on a basis of competitive bidding sulphur leases on submerged lands of the outer Continental Shelf, which are not covered by leases which include sulphur and meet the requirements of subsection (a) of section 6 of this Act, and which sulphur leases shall be offered for bid by sealed bids and granted on separate leases from oil and gas leases, and for a separate consideration, and without priority or preference accorded to oil and gas lessees on the same area. (d) A sulphur lease issued by the Secretary pursuant to this section shall (1) cover an area of such size and dimensions as the Secretary may determine, (2) be for a period of not more than ten years and so long thereafter as sulphur may be produced from the area in paying quantities or drilling, well reworking, plant construction, or other operations for the pro.. duction of sulphur, as approved by the Secretary, are conducted thereon, (3) require the payment to the United States of such royalty as may be specified in the lease but not less than 5 per centum of the gross production or value of' the sulphur at the welihead, and (4) contain such rental provisions and such other terms and provisions as the Secretary may by regulation prescribe at the time of offering the area for lease. (e) The Secretary is authorized to grant to the qualified persons offering the highest cash bonuses on a basis of competitive bidding leases of any mineral other than oil, gas, and sulphur in any area of the outer Continental Shelf not then under lease for such mineral. upon such royalty, rental, and other terms and conditions as the Secretary may prescribe at the time of offering the area for lease. (f) Notice of sale of leases, and the terms of bidding, authorized by this section shall be published at least thirty days before the date of sale in accordance with rules and regulations promulgated by the Secretary. (g) All moneys paid to the Secretary for or under leases granted pursuant to this section shall be deposited in the Treasury in accordance with section 9 of this Act. (h) The issuance of any lease by the Secretary pursuant to this Act, or the making of any interim arrangements by the Secretary pursuant to section 7 of this Act shall not prejudice the ultimate settlement or adjudication of the question as to whether or not the area involved is in the outer Continental ShelL (i) The Secretary may cancel any lease obtained by fraud or misrepresentation. (j) Any person complaining of' a cancellation of a lease by the Secretary may have the Secretary's action reviewed in the United States District Court for the District of Columbia by filing a petition for review within sixty days after the Secretary takes such action. SEC. 9. DISPOSITION OF REVENUES.-All rentals, royalties, and other sums paid to the Secretary or the Secretary of the Navy under any lease on the outer Continental Shelf for th~ period from June 5, 1950, to date, and thereafter shall be deposited in the Treasury of the United States and credited to miscellaneous receipts. SEC. 10. REFUNDS.-(a) Subject to the provisions of subsection (b) hereof, when it appears to the satisfaction of the Secretary that any person has made a payment to the United States in connection with any lease under this Act in excess of the amount he was lawfully required to pay, such excess shall be repaid without interest to such person or his legal representative, if a request for repayment of such excess is filed with the Secretary within two years after the making of the payment, or within ninety days after the effective PAGENO="0342" 1660 July 1970) OUTER CONTINENTAL SHELF LANDS ACT S 11 date of this Act The Secretary shall certify the amounts of all such rcpayments to the Secretary of the Treasury who is authori7ed and directed to make such repayments out of any moneys in the special account establish..d under ctction 9 of this Act and to issue his warrant in settlement thereof (b) No refund of or credit for such excess payment shall be made until after the expira tion of thirty days from the date upon which a report giving the name of the person to whom the refund or credit is to be made the amount of such refund or credit and a summary of the facts upon which the determination of the Secretary was made is submitted to the President of the Senate and the Speaker of the 1-louse of Representatives for transmittal to the appropriate legislative committee of each body respectively Provided That if the Congress shall not be in session on the date of such submission or shall adjourn prior to the expiration of thirty days from the date of such submission then such payment or credit shall not be made until thirty days after the opening day of the next succeeding session of Congress SEC. 11. GEOLOGICAL, AND GEOPHYSICAL EXPLORATIONS.-Any agency of the United States and any person authorized by the Secretary may conduct geological and geophysical explorations in the outer Continental Shelf which do not interfere with or endanger actual operations under any lease maintained or granted pursuant to this Act and which are not unduly harmful to aquatic life in such area. SEC 12 RESERVATIONS -(a) The President of the United States may from time to time withdraw from disposition any of the unleased lands of the outer Continental Shelf (b) In time of war or when the President shall so prescribe the United States shall have the right of first refusal to purchase at the market price all or any portion of any mineral produced from the outer Continental Shelf (c) All leases issued under this Act and leases the maintenance and operation of which are authorized under this Act shall contain or be construed to contain a provision whereby authority is vested in the Secretary upon a recommendation of the Secretary of Defense during a state of war or national emergency declared by the Congress or the President of the United States after the effective date of this Act to suspend operations under any lease and all such leases shall contain or be construed to contain provisions for the payment of just compensation to the lessee whose operations are thus suspended (d) The United States reserves and retains the right to designate by and through the Secretary of Defense with the approval of the President as areas restricted from explora tion and operation that part of the outer Continental Shelf needed for national defense and so long as such designation remains in effect no exploration or operations may be conducted on any part of the surface of such area except with the concurrence of the Secretary of Defense and if operations or production under any lease theretofore issued on lands within any such restricted area shall be suspended any payment of rentals minimum royalty and royalty prescribed by such lease likewise shall be suspended during such period of suspen sion of operation and production and the term of such lease shall be extended by adding thereto any such suspension period and the United States shall be liable to the lessee for such compensation as is required to be paid under the Constitution of the United States (e) All uranium thorium and all other materials determined pursuant to paragraph (1) of subsection (b) of section 5 of the Atomic Energy Act of 1946 as amended to be peculiarly essential to the production of fissionable material contained in whatever con centration in deposits m the subsoil or seabed of the outer Continental Shelf are hereby reserved for the use of the United States (f) The United States reserves arid retains the ownership of and the right to extract all helium under such rules and regulations as shall be prescribed by the Secretary contained in gas produced from any portion of the outer Contmental Shelf which may be subject to any lease maintained or granted pursuant to this Act but the helium shall be extracted from such gas so as to cause no substantial delay in the delivery of gas produced to the purchaser of such gas / SEC 13 NAVAL PETROLEUM RESERVE EXECUTIVE ORDER REPEALED - Executive Order Numbered 10426 dated January 16 1953 entitled Setting Aside Sub. merged Lands of the Continental Shelf as a Naval Petroleum Reserve is hereby revoked PAGENO="0343" 1661 512 NATURAL RESOURCES JOURNAL [Vol. 10 SEC. 14. PRIOR CLAIMS NOT AFFECTED.-Nothing herein contained shall affect such rights, if any, as may have been acquired under any law of the United States by any person in lands subject to this Act and such rights, if any, shall be governed by the law in effect at the time they may have been acquired: Provided, however, That nothing herein contained is intended or shall be construed as a finding, interpretation, or construction by the Congress that the law under which such rights may be claimed in fact applies to the lands subject to this Act or authorizes or compels the granting of such rights in such lands, and that the* determination of the applicability or effect of such law shall be unaffected by anything herein contained. SEC. 15. REPORT BY SECRETARY.-As soon as practicable after the end of each fiscal year, the Secretary shall submit to the President of the Senate and the Speaker of the House of Representatives a report detailing the amounts of all moneys received and expended in connection with the administration of this Act during the preceding fiscal year. SEC. 16. APPROPRIATIONS.-There is hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. SEC. 17. SEPARABILITY.-lf any provision of this Act, or any section, subsection, sentence, clause, phrase or individual word, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase or individual word to other persons and circumstances shall not be affected thereby. Approved August 7, 1953. APPENDIX E CONVENTION ON THE CONTINENTAL SHELF* The States Parties to this Convention, Have agreed as foiows~ ARTICLE 1 For the purpose of these articles, the term "continental shelf" is used as referring (a) to the seabed and subsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of 200 metres or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of the said areas; (b) to the seabed and subsoil of similar submarine areas adjacent to the coasts of islands. ARTICLE 2 1. The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources. 2. The rights referred to in paragraph 1 of this article are exclusive in the sense that if the coastal State does not explore the continental shelf or exploit its natural resources, no one may undertake these activities, or make a claim to the continental shelf, without the express consent of the coastal State. 3. The rights of the coastal State over the continental shelf do not depend on occupa.~ tion, effective or notional, or on any express proclamation. 4. The natural resources referred to in these articles consist of the mineral and other non-living resources of the sea-bed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the sea-bed or are unable to move except in constant physical contact with the sea-bed or the subsoil. ARTICLE 3 The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters as high seas, or that of the airspace above those waters. ARTICLE 4 Subject to its right to take reasonable measures for the exploration of the continental *Adoptcd Apr. 26 (U.N. doc.A/~ONF.13/L.55). PAGENO="0344" 1662 July 1970) OUTER CONTINENTAL SHELF LANDS ACT 513 shelf and the exploitation of its natural resources, the coastal State may not impede the laying or maintenance of submarine cables or pipelines on the continental shelf. ARTICLES 1. The exploration of the continental shelf and the exploitation of its natural resources must not rçsult in any unjustifiable interference with navigation, fishing or the conservation of the living resources of the sea, nor result in any interference with fundamental ocean- ographic or other scientific research carried out with the intention of open publication. 2. Subject to the provisions of paragraphs 1 and 6 of this article, the coastal State is entitled to construct and maintain or operate on the continental shelf installations and other devices necessary for its exploration and the exploitation of its natural resources, and to establish safety zones around such installations and devices and to take in those zones measures necessary for their protection~ 3. The safety zones referred to in paragraph 2 of this article may extend to a distance of 500 meters around the installations and other devices which have been erected, measured from each point of their outer edge. Ships of all nationalities must respect these safety zones. 4. Such installations and devices, though under the jurisdiction of the coastal State, do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea of the coastal State. 5. Due notice must be given of the construction of any such installations, and permanent means for giving warning of their presence must be maintained. Any installations which are abandoned or disused must be entirely removed. 6. Neither the installations or devices, nor the safety zones around them, may be estab- lished where interference may be caused to the use of recognized sea lanes essential to international navigation. 7. The coastal State is obliged to undertake, in the safety zones, all appropriate measures for the protection of the living resources of the sea from harmful agents. 8. The consent of the coastal State shall be obtained in respect of any research concern- ing the continental shelf and undertaken there. Nevertheless, the coastal State shall not normally withhold its consent if the request is submitted by a qualified institution with a view to purely scientific research into the physical or biological characteristics of the con- tinental shelf, subject to the proviso that the coastal State shall have the right, if it so desires, to participate or to be represented in the research, and that in any event the results shall be published. - ARTICLE 6 1. Where the same continental shelf is adjacent to the territories of two or more States whose coasts opposite each other, the boundary of the continental shelf appertaining to such States shall be determined by agreement between them. In the absence of agreement, and unless another boundary line is justified by special circumstances, the boundary is the median line, every point of which is equidistant from the nearest points of the baselines from which the breadth of the territorial sea of each State is measured. 2. Where the same continental shelf is adjacent to the territories of two adjacent States, the boundary of the continental shelf shall be determined by agreement between them. In the absence of agreement, and unless another boundary line is justified by special circum- stances, the boundary shall be determined by application of the principle of equidistance from the nearest points of the baselines from which the breadth of the territorial sea of each State is measured. 3. In delimiting the boundaries of the continental shelf, any lines which are drawn in accordance with the principles set out in paragraphs 1 and 2 of this article should be defined with reference to charts and geographical features as they exist at a particular date, and reference should be made to fixed permanent identifiable points on the land. ARTICLE 7 The provisions of these articles shall not prejudice the right of the coastal State to exploit the subsoil by means of tunneling irrespective of thedepth of water above the subsoil. PAGENO="0345" 1663 514 NA TUR1II. RESOURCES JOURNAL (Vol. 10 ARTICLE 8 This Convention shall, until 31 October 1958, be open for signature byall State Members of the United Nations or of any of the specialized agencies, and by any other State invited by the General A sscmbly to become a Party to the Convention. ARTICLE 9 This Convention is subject to ratification. The instruments of ratification shall be de- posited with the Secretary-General of the United Nations. - ARTICLE 10 - This Convention shall be open for accession by any States belonging to any of the categories mentioned in article 8. The instruments of accession shall be deposited with the Secretary-General of the United Nations. ARTICLE 11 . 1. This Convention shall come into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary. General of the United Nations. 2. For each State ratifying or acceding to the Convention after the deposit of the twenty.second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instruments of ratification or ao~ cession. - .* . - - ARTICLE 12 1. At the time of signature, ratification or accession, any State may make reservations to articles of the Convention other than to articles 1 to 3 inclusive, 2. Any Contracting State making a reservation in accordance with the preceding para. - graph may at any time withdraw the reservation by a communication to that effect addressed to the Secretary-General of the United Nations. .. ARTICLE 13 - 1. After the expiration of a period of five years from the date on which this Convention shall enter into force, a request for the revision of this Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary. General. 2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such request. -`. - . - - ARTICLE 14 . -. - . - The Secretary.General of the United Nations shall inform all States Members of the - United Nations and the other States referred to in article 8: - (a) Of signatures to this Convention and of the deposit of instruments of ratification or accession, in accordance with articles 8, 9 and 10. .* -. (b) Df the date on which this Convention will come into force, in accordance with article 11. . - - . (c) Of requests for revision In accordance with article 13. ~ * : (d) Of reservations to this Convention, in accordance with article 12. --. * . . - ARTICLE j5 - . : * The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secrctazy'General of the United Nations, who shall send certified copies thereof to all States referred to in article 8. In witness whereof the undersignllllplenipotentiarics, being duly authorized thereto by their respective Governments, have signed this Convention. Done at. Geneva, this twenty.ninth day of April one thousand nine hundred and fifty.cight. - . . . PAGENO="0346" 1664 natural resources Journal Reprinted from VOL. 10 OCTOBER, 197Ô NO. 4 AN EVALUATION OF THE PROVISIONS AND POLICIES OF THE OUTER CONTINENTAL SHELF LANDS ACT Robert B. Krueger ~i~i~iversiiyoioewmexico scfloal 01 law PAGENO="0347" 1665 AN EVALUATION OF THE PROVISIONS AND POLICIES OF THE OUTER CONTINENTAL SHELF LAND ACTt ROBERT B. KRUEGER* TABLE OF CONTENTS I. Introduction-Standards for Analysis II. Selection of Lands for Lease A. Existing System B. The Santa Barbara Channel Policy Casestudy C. New and Proposed Offshore Regulations D. Hard Minerals E. Future Developments III. Determination of Size and Timing of Lease Sales IV. Allocation of Leases A. Existing System B. Alternative Forms of Bidding C. Competitive v. Non~Competitive Allocation V. Determination of Drilling and Production Requirements VI. Determination of Term and Royalty VII. Determination of Entry VIII. Miscellaneous Problems A. Boundary and Jurisdictional Problems B. Real Property Uses-Offshore Islands C. Geothermal and Fresh Water Resources D. Living Resources of the Seabed E. Salvage and Treasure Recovery F. Filling, Dredging, Dumping G. Marine Sanctuaries-Scientific Facilities INTRODUCTION-STANDARDS FOR ANALYSIS In the first installment of this article the historic and legal back- ground of the doctrine of the continental shelf and the Outer Con- tinental Shelf Lands Act was reviewed at length. In this installment the administration of the outer continental shelf lands act of the United States will be examined with a view toward determining whether their administration provided for the "maximum benefit to tThis article is the second and final part of an article by the author dealing with the Outer Continental Shelf Lands Act. The first article, entitled The Background of the Doc- trine of the Continental Shelf and the Outer Continental Shelf Lands Act, appears at 10 Natural Resources J. 442 (1970). Portions of both installments were first presented at the 1969 Louisiana State Mineral Law Institute. *Partner, law firm of Nossarnan, Waters, Scott, Krueger & Riordan, Los Angeles, Cali- fornia. Chairman, California Advisory Commission on Marine and Coastal Resources; Chair- man, American Bar Association Committee on Marine Resources Liaison; member, Advisory Council, Institute on Marine Resources, University of California. PAGENO="0348" 1666 764 NA TURAL RESOURCES JOURNAL [Vol. 10 the general public."1 This general policy objective is a composite of the following more specific, but quite broad, policy objectives that emerged from a consideration of the various treaties, statutes and administrative pronouncements regarding our nation's offshore: 1. Efficient resource management-the objective of best effecting the prudent use of resources through their intelligent management by the federal government.2 2. The encouragement of private participation--the objective of per- mitting qualified responsible representatives of the private sector to participate in the development of outer continental shelf resources.3 3. The maximization of revenue to the federal government-the objective of effecting the greatest direct financial return to the re- source owner.4 4. The encouragement of multiple use of resources-the objective of coordinating management of the various resources and uses of the continental shelf to minimize conflicts.5 1. 43 U.S.C. § 1391 (1964). This was stated as being the policy objective of Congress in the Act creating the Public Land Law Review Commission [sometimes hereinafter referred to as PLLRC]. 78 Stat. 985, 43 U.S.C. § 1400 (1964). The objectives were identified and evaluated in Nossaman, Waters, Scott, Krueger. & Riordan, Study of the Outer Continental Shelf Lands of the United States, § 11.1 (1968) [hereinafter referred to as Nossaman OCS Study], published by Clearinghouse, Springfield, Virginia. 2. The Truman Proclamation of 1945, the Marine Resources and Engineering Develop- ment Act and the legislative history of the Outer Continental Shelf Lands Act all evidence the objective of best effecting the prudent use of resources through their intelligent manage- ment by the federal government. Proclamation No. 2667, 3 C.F.R. 67 (1943-48 Comp.); 33 U.S.C. § § 1101-24 (1966). See also 1 Nossaman OCS Study, supra, note 1 § § 1.5, 1.12. 3. The Outer Continental Shelf Lands Act and the regulations promulgated pursuant thereto clearly contemplate that the development of minerals in the outer continental shelf be undertaken by qualified, responsible representatives of the private sector. 43 U.S.C. § 1337(a) (1964); 43 C.F.R. § 3380.1 (1964). The Marine Resources and Engineering Development Act also recognizes the desirability of "[t] he encouragement of private invest- ment enterprise in exploration, technological development, marine commerce, and eco- nomic utilization of the resources of the marine environment." 33 U.S.C. § 1 101(b)(3) - (1966) 4. While there are indications in the legislative history of the Outer Continental Shelf Lands Act that the generation of revenue was a secondary consideration, its subsequent administration, particularly in recent years, clearly indicates that a basic policy objective has bee~i to maximize revenue to the federal government from the sale of mineral leases. This was particularly manifest in the 1968 Santa Barbara lease sale. See 1 Nossaman OCS Study, supra, note 1, § 4.16. 5. This objective has been repeatedly acknowledged as necessary by many branches of the federal government The Act for the classification of public lands which was passed contemporaneously with the law creating the Public Land Law Review Commission defined "multiple use" as follows: [T] he management of the various surface and subsurface resources so that they are utilized in the combination thatwil best meet the present and future needs of the American people; the most judicious use of the land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; the use of some land for less than all of the resources; PAGENO="0349" 1667 October 1970] OUTER CONTINENTAL SHELFLANDS ACT 765 5. The advancement of knowledge and the development of tech- nology-the objective of learning more about the offshore and its resources and achieving the technological capability to safely permit the scientific exploration and resource development.6 6. The protection of environmental quality-the management objective of preserving, and in some cases restoring, the natural con- dition of the environment.7 It may be ~helpful to analyze the administrative system created under the Outer Continental Shelf Lands Act by looking at each of its functional aspects in light of these objectives. The major func- tional areas that will be examined are the selection of lands for lease, the determination of the size and timing of lease sales, the allocation of leases (selection of lessees), the determination of drilling and pro- duction requirements, the determination of term and royalty, and the determination of entry (lessees' qualifications).8 II SELECTION OF LANDS FOR LEASE A. Existing System The Outer Continental Shelf Lands Act vests in the Secretary of the Interior the authority to grant mineral leases covering any area of the outer continental shelf not already under lease or withdrawn and harmonious and coordinated management of the various resources, each with the other, without impairment of the productivity of the land, with consideration being given to the relative values of the various resources and not necessarily the combination of uses that will give the greatest dollar return or the greatest unit output. 43 U.S.C. § 14 15(b) (1964). 6. This policy is implicit in the Truman Proclamation and the administration of the Outer continental Shelf Lands Act. It is made explicit by the Marine Resources and Engi- neering Development Act and is also evidenced in the Convention on the continental Shelf. The Marine Resources and Engineering Development Act provides: (b) The Marine Science activities of the United States should be conducted so as to contribute to the following objectives: (2) The expansion of human knowledge of the marine environment. (3) The encouragement of private investment enterprise in exploration, technological development.. . . 33 U.S.C. § 1101 (1966). 7. This policy objective is evidenced in a number of recent federal acts, particularly the recently enacted National Environmental Policy Act of 1969, which provides that "the policies, regulations, and public laws of the United States shall be interpreted and adminis- tered in accordance with" the Act's environmental protective policies, and that federal agencies shall use environmental design arts in their planning and by July 1, 1971, propose changes to their statutory authority and regulations to conform to the Act's purposes. 83 Stat. 852 (1969). This policy is also evident in the Conventions on the Continental Shelf and High Seas. See Krueger, International and National Regulation of Pollution from Off. shore Oil Production, Proceed. Colum. Conf. Int'l & Interstate. Reg. Water Pollution (1970). 8. 1 Nossaman OCS Study supra, note 1, § 11.2. PAGENO="0350" 1668 766 NA TURAL RESOURCES JOURNAL [Vol. 10 from leasing under the provisions of the Act.9 No priorities or guide- lines by which the Secretary is to select areas for lease are set forth in the Act and until very recently the regulations of the Secretary simply authorized the issuance of mineral leases in any given area upon motion of the Departtnent or the request of an interested party after requisite competitive bidding.' ° Further, the regulations, while requiring persons obtaining permits for offshore exploratory work to disclose geological data,'' did not require the disclosure of geo- physical data - such as the "seis line" obtained by reflection seis- mology. Because geophysical data is the most commonly used and reliable means of delineating potential petroleum and sulphur prospects in the offshore1 2 the result has been that industry has had a better knowledge than the federal government of the potentiality of offshore mineral prospects. As to petroleum and sulphur, a system evolved whereby the Department of the Interior and industry co- operated in the selection of areas to be leased, with industry con- ducting all requisite pre-bidding exploratory work and upon request, nominating areas of interest to the Department's Bureau of Land Management ("BLM"). BLM has then, with the assistance of U.S. Geological Survey ("U.S.G.S.") and on the basis of their relatively restrictive knowledge regarding the properties involved, selected those tracts which were offered for lease sale.' ~ B. The Santa Barbara Channel Policy Case Study In federal lease sales which have occurred to date, few policy con- siderations other than the desire to encourage the development of petroleum and sulphur reserves, and at times, the desire to maximize revenue to the federal government through bonus, appear to have been taken into consideration in the selection process. The 1968 leasing of federal properties in the Santa Barbara Channel presents a very vivid illustration of this. The Santa Barbara community tradi- tionally has been concerned with the protection of the quality of this portion of the Southern California coastline and the Santa Barbara Channel.' ` Due in large part to this interest and the support of conservationists and sympathizers in other parts of the state, an off- shore sanctuary was established on a large portion of state-owned tide and_submerged_lands in this area in which oil and gas develop- 9. 43 U.S.C. § § 1337, 1341 (1964). 10. 43C.F.R. §~ 3382.1 etseq. (1964). 11. 30 C.F.R. § § 250.14, 250.34 (1954). See 1 Nossaman OCS Study supra, note 1, § § 4.9, 4.36. 12. See 1 Nossaman OCS Study, supra, note 1, at 397-402. 13. See iNossaman OCS Study, supra, note 1, § § 4.12-4.16,.11.5-11.8. 14. See Boone v. Kingsbury, 206 CaL 148 (1928). PAGENO="0351" 1669 October 1970] OUTER CONTINENTAL SHELFLANDS ACT 767 ment is prohibited, except where drainage is shown to be oc- curring.' There was, accordingly, a great deal of opposition ex- pressed in the area when the proposed lease sale of the federal government was announced. The Department of the Interior does not appear to have given any credence to the fears for potential pollution and aesthetic degrada- tion of the coastline, except to the extent of creating a two-mile wide buffer zone extending the length of the state sanctuary. No public hearings were held by the Department and it does not appear that a study of any comprehensiveness was made of the interrelation- ship of the proposed mineral uses with others in the area. The conclusion that there was no real consideration of the effects of the proposed leasing on other uses is supported by the obvious and material lack of coordination between the Departments of the Interior and Defense in the Santa Barbara sale. Defense raised no objection to the proposed lease sale when the same was first pre- sented in late 1966, but shortly before the sale, indicated that oil operations in the area would conflict with its missile launching opera- tions at Vandenberg Air Force Base.' 6 Interior did make some ad- justments in the terms of the lease sale to accommodate Defense, but did not agree to all of them. After the sale, Defense attempted to impose all of the conditions upon the oil and gas lessees through instructions to the U.S. Army Corps of Engineers which must ap- prove permits for offshore drilling platforms.' ~` The extent and timing of the Santa Barbara lease sale was clearly motivated in large part by the fiscal needs of the federal government at that time with very little consideration being given to the broader resource policy objectives of the federal government. The spillage from the ill-fated Union Oil Company A-2 1 well compounded what would have been a very difficult situation in any case. It is doubtful if anyone, certainly not the petroleum industry, has benefited from the situation which former Secretary of Interior Stewart L. Udall, who authorized the lease sale, has called a "conservation Bay of Pigs." 8 The sole and certainly short term exception may be the federal government, which realized a profit of $600-million in bonus income at a time when it was sorely needed by the Johnson Ad- ministration.' ~ 15. See Cal. Pub. Res. Code § § 6871.2, 6872.1 (West 1955). 16. See 1 Nossarnan OCS Study, supra, note 1 § 4.74. 17. Id.; Public Land Law Review Commission (hereinafter PLLRC), One Third of the Nation's Land 190 (1970). 18. San Diego Union, Mar. 11, 1969, (hearings before Senate Public Works Sub- committee). 19. Interview with representatives of BLM indicates that the short term fiscal needs of the federal government have been of great importance in the size and timing of recent lease PAGENO="0352" 1670 768 NATURAL RESOURCES JOURNAL [VoL 10 Incidents such as this, however, do not support the abolition or prohibition of all oil development on our outer continental shelf. Oil spills, as any other form of pollution, should be viewed in light of the value of offshore production to our society and its overall impinge- ment on other beneficial uses of the offshore.1 9 a Compared to other forms of pollution, the oil spill resulting from offshore drilling is one of the most observable and traceable, yet one of the less permanently degrading to the environment. Despite the many scientific inquiries that have taken place to date, no evidence of any permanent adverse effect on living organisms in the Santa Barbara Channel has been found2 0 and lawsuits are pending which would effect proper com- pensation to damaged property owners and others in the area if liability is established.2 1 Compare in this regard the effect of the sales. An example is the June 13, 1967 Louisiana lease sale. The original schedule would have permitted successful bidders to pay 80% of their bonuses in July, 1967. 32 Fed. Reg. 4545 (1967). At the request of the Bureau of the Budget, the payment date was moved to June 30, 1967, in order that the funds could be credited to the fiscal year 1968 budget. 32 Fed. Reg. 7097 (1967). 19a. In Weaver, A Personal Perspective on the Santa Barbara Controversy, Offshore Magazine, November, 1970 at 30, it is said: The world must find one trillion barrels of oil or equivalent by the year 2,000. That is, one and a half times more oil must be found in the next 30 years than the petroleum industry has discovered in the last 100 years. In recent years industry has found petroleum faster than it is being used. It has not always been that way nor can it be expected to remain that way. Yes, the world has a 100-year supply of energy in U235; moreover, the new fast-breeder nuclear reactor, which makes more fuel than it uses, can sustain the world at its present energy-use rate for 7,000 more years. However, the nuclear revolution won't restrict the need for petroleum synthetics, that is petrochemicals. Seventy-five percent of the world's organic chemicals- fertilizer, nylon hose, toothbrushes, etc.-comes from petroleum. See Krueger, The Background of the Doctrine of the Continental Shelf and the Outer Continental Shelf Lands Act, 10 Natural Resources J. 442-45 1 (1970). 20. See Neushal, Final Report Dealing with the Early Stages of the Santa Barbara Oil Spill, FWPCA Con. No. 14-12-516, Santa Barbara, California (1969); Straughan and Abbott, The Santa Barbara Oil Spill: Ecological Changes and Natural Oil Leaks, (1969); Glude, Observations on the Effects of the Santa Barbara Oil Spill on Intertidal Species 6 (1969). Cf Hearings on 5 .7 and S.544 Before the Subcomm. on Air and Water Pollution of the Senate Public Works Comm., 91st Cong., 1st Sess., 5cr. 2, Pt. 3, at 848 (1969). See also Baldwin, A Case History of the Santa Barbara Oil Spill, Public Land Law Review Commission 17-23 (1969). But see generally Unpublished Testimony of Dr. Max Blumer before the Antitrust and Monopoly Subcommittee of the United States Senate Committee on the Judiciary on August 13, 1970, reported in Los Angeles Times, August 23, 1970, § G at 3 (referring to a study of persistent toxic effects of a fuel oil spill from a shipwrecked fuel barge near Cape Cod). 21. On February 20, 1969, the State of California, the County of Santa Barbara, the City of Santa Barbara, and the City of Carpinteria, "on behalf of themselves and all other public entities and agencies of the State of California similarly situated," filed a complaint in the Superior Court of California for the County of Santa Barbara against the Union Oil Com- pany, Mobil Oil Corporation, Gulf Oil Company, Texaco, Inc., and Peter Bawden Drilling, PAGENO="0353" 1671 October 1970J OUTER CONTINENTAL SHELFLANDSACT 769 discharge of hard pesticides into the ocean which results in irrever- sible damage to some wildlife by means and through sources which are not readily observable or subject to being brought to account.2 2 It has been suggested that petroleum development on the outer continental shelf of this nation is not necessary if import quotas would be removed, particularly if other forms of price support to the domestic industry, such as the depletion allowance, would be re- moved or lessened. From a standpoint of a strict economic analysis there is support for this proposition, although much time could be spent debating its merits and weaknesses from the standpoint of its effect on our domestic petroleum industry and the need for reserves in this country.2 3 Without becoming embroiled in these issues, how- ever, it should be observed and emphasized that even if all of our petroleum needs were to be met from production from foreign im- ports and domestic onshore deposit (if these were unrestricted imports, there would be very few onshore reserves that would be competitive), the oil would need to be transported to this country by ships and other vessels which appear comparably as prone, and per- haps more so, to accident and oil spill as offshore production facil- ities and which in terms of quantity create tremendously greater pollution. The Torrey Canyon spillage illustrates this vividly. The wreckage of that ship resulted in 30 million gallons of crude oil being released in the English Channel. By way of comparison the Santa Barbara oil spill, even as estimated by the President's Panel, involved Inc. for injuries allegedly caused by oil drilling by the defendants off the coast of Santa Barbara. State v. Union Oil Co., No. 84594 (Santa Barbara County Super. Ct., Feb. 20, 1969). In addition, a large number of damage suits have been filed by private parties. A rule of strict liability for oil well blowouts was established in California by Green v. General Petroleum Corp., 205 Cal. 328, 270 P. 952 (1928). It is quite likely that a rule of strict liability would apply to the Union Oil incident either on the basis of this case or for other reasons. See Katz, The Function of Tort Liability in Technology Assessment, 38 U. Ci L. Rev. 587, 602, 645 et seq. (1969). In addition to the damage actions there have been several ~iroceedings for injunctive relief. Santa Barbara v. Hickel, No. 69-636-AAH (D.C.C.D. Cal., Apr. 4, 1967) (suit to enjoin the federal government and its oil lessees from engaging in further offshore drffling operations). Santa Barbara v. Malley, No. 69-1986-S (D.C.C.D. Cal., Oct. 3, 1969) (suit to enjoin the District Engineer of the U. S. Army Corps of Engineers for Southern California, from granting further permits for offshore drilling structures and to require him to set aside certain permits previously granted). Weingard v. Hickel, No. 69-1317-EC (D.C.C.D. Cal., Jul. 10, 1969) (suit brought under Outer Continental Shelf Act seeking to enjoin further drilling on the Union Oil Company A-21 lease as recommended by the Dubridge Committee). 22. See Kennedy and Hessel, The Biology of Pesticides, in Cry California 2 (Summer, 1969); Open Letter to Governor Ronald Reagan and the People of the State of California and the Summary on DOT as prepared and circulated by the Hopkins Marine Station of Stanford University, on "hard" pesticides and recommendations for control and ultimate ban of "hard" pesticides (June 4, 1969). 23. See Mead, The System of Government Subsidies to the Oil Industry, 10 Natural ResourcesJ. 112, 122 (1970). 77-463 0 - 72 - pt. 3 - 23 PAGENO="0354" 1672 770 NA TURAL RESOURCES JOURNAL [Vol. 10 only 1 to 3 million gallons.24 With due regard to the present state of technology, therefore, offshore oil development would appear to offer substantially less of a pollution threat than foreign crude im- ports in large tankers. It is foreseeable today that there will be seabed exploration and development techniques that will permit offshore fields to be de- veloped without any visible or material impingement upon other uses and that pollution control techniques will be developed which will greatly reduce the chances of spillage.2 ~ These new devices and tech- niques may be quite expensive, but if their use is made a condition to bidding for offshore leases, it would be properly reflected in the amount of bids made and paid for by the federal government as a means of minimizing use conflicts. Query whether it would not have been fairer to the federal government, the oil lessees involved and the people of California if a portion of the $600-million bonuses received for Santa Barbara leases had been allocated instead to extraordinary safety measures and special installations to minimize the possibility of spillage and infringement with other uses. C. New and Proposed Offshore Regulations Since the Santa Barbara oil spill, there has been a great deal of new thinking within the federal government regarding offshore mineral development. Early in 1969, the President appointed two related panels which issued several reports regarding the Santa Barbara oil spill and the problems presented thereby. The first panel to report, the Special Panel on the Future of the Union Oil Lease, recom- mended that developmental drilling on the Union Oil Company lease continue so as to relieve underground pressures that could lead to further spills and to rapidly deplete the pooi from which the spills were occurring.2 S a The President's Panel on Oil Spills later issued a report, Offshore Mineral Resources-A Challenge and an Oppor- tunity,26 in October of 1969, which made a number of recommen- dations regarding federal leasing policy, including ones for: (1) The establishment of a Resource Advisory Board; (2) The incorporatiosi~ of "policies of state and local governments into plans for development of the Federal offshore mineral re- sources;" 24. The Oil Spill Problem, 1st Rep~ PtesIdent's Panel on Oil Spills 4 (1969). 25. See 5 Ocean Industry No. ~ at 23 (March, 1970); 30 Offshore No. 4 at 40 (April, 1970); The Oil and Gas Journal Aug 10, 1970 (Undersea completion unit passes tests.) 25a. Release of Office of Science & Technology, Executive Office of the President, June 2, 1969. 26. 2d Rep. President's Panel oil Oil Spills (1969). PAGENO="0355" 1673 October 1970] OUTER CONTINENTAL SHELF LANDS ACT 771 (3) "Well-publicized public hearings.. . in areas where offshore resource developments are contemplated ~ind that opportunities be afforded private citizens, commercial interests and others to present their views to the government;" (4) The establishment of a class of escrow tesources which would be held for a fixed period of perhaps five years and then reviewed to determine whether use conflicts that had previously existed had been ameliorated through technological or other developments; (5) The obtaining by the federal govetrunent "through negotia- tion, purchase or possibly regulation, data necessary for resource evaluation held by private companies, state and local governments and any other parties to exploration and development of offshore mineral resources be made available to those who must make deci- sions about their exploitation;" (6) The establishment of a policy "that within specified areas offshore oil and gas production be accomplished from structures totally beneath the surface of the sea unl~sa application is made and granted for an exception that would permit erection of above water structures;" and (7) The review of proposed lease areas "to determine which areas may require more extensive supervision and more stringent regula- tions and to consider whether, for some of these areas, the resources should be placed in escrow or in ecological preserves."27 The Panel also issued a report on TIu? Oil Spill Problem,2 8 which contained two significant recommendations: (1) "Coastal areas of potentially high environmental risks relative to oil tanker shipping lanes and terminals should be identified. Steps should be taken immediately to negotiate international agreements providing firm regulatory control of shipping lanes used for transpor- tation of oil and hazardous materials;" (2) "[I] n certain areas of great population density and high recreation and aesthetic value it is essential that: oil well operations be conducted under stringent regulations and supervision using the most up-to-date technology in order to minimize the possibility of oil leakage; and any oil companies holding offshore leases be re- quired to show their capability for control, containment and removal of spilled oil from the area to the responsible agencies." Immediately following the Santa Barbara oil spill, the Department of the Interior began a review of its regulations dealing with offshore operations and by the fall of 1969 had promulgated new regulations dealing both with leasing procedures by BLM and the regulation of operations by U.S.G.S. The BLM regulations which were described 27. Id. atm-v. 28. See note 24 supra. PAGENO="0356" 1674 772 NA TURAL RESOURCES JOURNAL [VoL 10 - earlier2 9 require the Director to determine the effect of any pro- posed leasing upon the "total environment" and to develop such special leasing conditions as are "necessary to protect the environ- ment and all other resources."3 0 In connection therewith, the Direc- tor is permitted, but not required, to hold public hearings and to "consult with State agencies, organizations, industries, and indi- viduals."3' When the new regulations were under consideration the petroleum industry was given the opportunity to comment upon them and did so. Its representatives uniformly opposed the concept of public hearings as being an invitation to delay and many also objected to the section dealing with the evaluation of the proposed leasing upon the environment.3 2 This is a classic illustration of the gross insensitivity of the petroleum industry to t:he social temper and attitudes of our times-an insensitivity which has substantially con- tributed to, if not in instances caused, today's precarious offshore political situation. The industry has traditionally had a close- mouthed, independent and private attitude towards operations. A company makes its deal, drills wells where it thinks best and sells what oil it gets. The public is not involved except as a shareholder. In fee leasing situations and in early offshore leasing, this philosophy presented no problems, certainly in dealing with BLM, U.S.G.S., and many of the state leasing agencies whose employees had industry training or associations. Today, however, even if the petroleum industry is still philosoph- ically the same, few others are. A~ the public outcry in the Santa Barbara situation indicates, th~r~ ~re today many in this country, possibly even a majority, who feel that they have a legitimate interest in and "rights" with respect to the activities of industry, irrespective how proper and conventional they may be from. a contractual and legal standpoint.3 ~ Further, and perhaps even more significantly, this philosophy and protests made .as a part thereof, have found much support in the news media and a ready acceptance on the part of many influential people in government. Even prior to the Santa Barbara catastrophe, it is doubtful that there were "safe" onshore areas in the country where oil develop- 29. See Krueger, The Background of the DOctrine oft/ic ~`ontinental Shelf and the Outer Continental Shelf Lands Act, 10 Natural Resources J. at 449-50. (1970). 30. 43 C.F.R. § 3381.4 (1969). 31. Id. 32. ~f N.Y. Times, Aug. 3, 1969 ~`OiLtndustvv Opposes Hearings on Leases for Offshore Drilling). 33. It is noted in the New York Times article, supra, note 32, that one individual wrote to the Department of the Interior asking that public hearings be made mandatory. She stated: "How can [an individual] voice his ol,inion when hearings may be avoided?. .. It would be denying man his rights." PAGENO="0357" 1675 October 19701 OUTER CONTINENTAL SHELF LANDS ACT 773 ment could be undertaken relatively without concern regarding the public's interest in other resources and values. Since this event, how- ever, it is unlikely that the federal government or any coastal states would consider offshore leasing without considering what effect probable developments and possible accidents might have on the total environment. Moreover, each leasing agency must consider what steps can be taken to avoid confrontations with the public and re- sultant political ramifications. From this standpoint of neutralizing opposition and avoiding political criticism, the evaluation of study and public hearing procedure is extremely desirable, if not a necessity.34 It is noteworthy that the Report of the Public Land Law Review Commission, One Third of the Nation's Land, released in June of 1970 recommended mandatory public hearings regarding "environ- mental considerations. . . when requested by the states or the Council on Environmental Quality."34 a in addition to this general recommendation the Commission recommended specifically with respect to the outer continental shelf that calls for nomination, in- vitations to bid, operational orders and waiver of order requirements be given public notice and that "Where a state, on the recommendation of local interests or other- wise, believes that Outer Continental Shelf leasing may create en- vironmental hazards, or that necessary precautionary measures may not be provided, or that natural preservation of an area is in the best interest of the public, then, at the state's request, a public hearing should be held and specific findings issued concerning the objections raised.~~34b The Commission further recommended that grants of rights or privileges be made subject to conditions "to control the adverse en- vironmental impacts of activities off the public lands."34 c Even when one keeps in mind the oilman's traditional mystique, it is difficult in the extreme to understand why the petroleum industry did not perceive the desirability of this procedure and use the op- portunity to endorse it to gain good will. By the same token, it is difficult in the extreme to perceive why the petroleum industry op- posed the stricter operating conditions and anti-pollution measures of the new U.S.G.S. regulations when many of the leading companies already followed the stricter standards as a matter of internal policy 34. See note 26, supra 34a. One Third of The Nation's Land, supra, note 17 at 81, Recommendation 22. The Commission generally favored agency discretion as to the use of public hearings in specific land situations. Id. 34b. Id~, at 191, Recommendation 74. 34c. Id., Recommendation 23. PAGENO="0358" 1676 774 NATURAL RESOURCES JOURNAL [Vol. 10 and it was obvious that there had to be some administrative recog- nition of the problem evidenced by the Santa Barbara oil spill.3 ~ Similarly it is difficult to understand why the petroleum industry has not yet shown recognition of the fact that the public needs to be as prepared for and is perhaps more interested in developments off oui coasts, than what brand of gas to buy.3 6 Notwithstanding the massive influence which the Santa Barbara disaster had on state and federal offshore leasing and the repeated assertions made by op- ponents of offshore development that domestic production from our offshore is not needed, the industry has not yet presented its case to the public. It seems clear that the petroleum industry will need to convince the public and government that it needs to operate in this country's offshore, and has the capability to avoid undesirable impingements upon other values and uses if it is to continue to operate there and obtain necessary leases on a scale comparable to the past. This international and national interest in environmental quality does not appear to be simply a "phase" through which we are passing and the petroleum industry and all others using the offshore will have to adapt themselves to these and other new tiers of strict regula- tion. If the petroleum industry does so there is no reason why it cannot continue offshore operations of even greater dimensions. The opinion has repeatedly been voiced that offshore drilling should be prohibited in southern California, most notably by the Los Angeles Times. The attitudes which have been created on this subject make it likely that it will be a number of years before any further offshore leasing can be undertaken in this area. They have even given rise to the proposal, such as that recently announced by President Nixon, to cancel leases previously issued. So long as such proposals are of a limited nature they probably will not be particularly dis- turbing to the oil industry or particularly pleasing to the abolitionist block. A Paul Conrad cartoon in the June 16, 1970 Los Angeles Times showed two figures, labelled "oil companies," in a rowboat near Santa Barbara drilling platforms which were shown as saying, "The President's sanctuary plan will be enlarged . . . whenever we drill any more dry holes!" If a cancellation program with respect to 35. In Fortune (February, 1970) 114 Industry Start.c the Big cleanup, 1 74 oil company officials are quoted as saying "The great California oil spill has tarnished the industry's reputation and is all the more exasperating to many oil executives because in their opinion it was foreseeable and preventable. They point out that thousands of wells have been sunk off the California and Gulf coasts without mllhap. Union Oil, it is felt, stretched the rules of the game by not sinking a well casing deep enough in a notably unstable geologic area; and the fact that it had permission to do so from the federal government doesn't mend matters." C'f N.Y. Times, Mar. 13, 1970. (`Hickel calls Oil Spill in the Gulf a `Disaster',). 36. Cf API rpt. PAGENO="0359" 1677 October 1970] OUTER CONTINENTAL SHELF LANDS ACT 775 all offshore leases were proposed, it would impose a financial burden amounting to billions of dollars upon the federal government and could be expected to meet with substantial opposition from legisla- tors from other parts of the country whose attitude toward pollution is much more permissive. It would, for example, be interesting to find out how many coastal states without offshore production would be willing to accept California's offshore reserves with their at- tendant threat of pollution. The feasibility and political acceptability of offshore oil opera- tions in Southern California and elsewhere will depend almost entirely upon the petroleum industry itself. If it recognizes, and equally important gives evidence that it recognizes, the social impact of its operations in the offshore upon other uses and values, adopts a plan of operation for offshore drilling that guarantees as far as is feasible the protection of such other values and uses, and establishes effective channels of communication with the rest of society, there is no reason that it cannot overcome, and overcome rather quickly, the present opposition. A very parallel case is presented in the town-lot drilling situation. For many years town-lot drilling was prohibited in most Southern California municipalities because operators showed only a capability of drilling and producing wells by conventional means. When industry showed that it had the technology and willing- ness to drill and produce by inoffensive and inconspicuous means, most of such prohibitions were lifted. If the oil industry were to show that it was willing and able to phase out offshore oil platforms and other offensive coastal installations as technology and economics permitted and to develop future leases from sub-sea stations with high anti-pollution standards the offshore both in California and else- where in this would become more developable. The U.S.G.S. regulations drafted after the Santa Barbara oil spill and adopted in the Fall of 1969 require that "major departures" from the requirements of outer continental shelf orders be approved by the Chief of the Conservation Division rather than simply by the Regional Supervisor, as was the case under the earlier regulations.3 ~ This provision was undoubtedly engendered by the fact that a devia- tion in an outer continental shelf order with respect to surface casing appears to have materially contributed to, if not caused, the blow- out of the Union Oil A-21 Well.~8 The regulations also contain a number of provisions designed with a view toward imposing stricter drilling and operating conditions to reduce the possibility of blow- outs and pollution. It is noteworthy that the recent report of the 37. 30 C.F.R. § 250.12(b)(2) (1969). 38. See A Case History of the Santa Barbara Oil Spill, supra note 20 at 7. PAGENO="0360" 1678 776 NATURALRESOURCESJOURNAL [Vol 10 Public Land Law Review Commission recommended that all agencies "having resource management responsibility on the Shelf should be required by statute to review practices periodically and consider recommendations from all interested sources, including the Council on Environmental Quality `~ 8 a The regulations expressly require a lessee to control and totally remove pollution resulting from drilling oi production operations The regulations continue to require that a lessce submit to U S G S the drilling and development program prior to beginning the opera tions and include therewith "structural interpretations based on available geological and geophysical data and such other per tinent data as the supervisor may prescribe "~ ~ This information would consist of pre bidding seismic and other exploratory informa- tion obtained by the successful lessee, but it would be obtained after the lease had been awarded and thus could not be used in pre leasing evaluations Despite the clear need for pre leasing information of this kind in order for U S G S to avoid "flying partly blind" in the words of its own Director,4° and the clear power of the Department to require the disclosure of such information as a condition to the issuance of exploratory permits 4 1 no change in the regulations was made in this regard This failure of action appears to have been motivated in large part by the lack of confidence frequently ex pressed both by industry and U S G S in the ability of U S G S to maintain the confidentiality of such information, and a mutual con cern that it would be unfair for the federal government to have access to such "proprietary" information 42 This does not make much sense The federal government is the resource owner and it should be entitled to have the same amount of knowledge about the resource as its bidders if it keeps such information in confidence It is difficult to see why it could not as well as other federal and state agencies that deal with confidential information. California has had a disclosure requirement with respect to all pre-bidding exploratory information in effect for over ten years with no discernible adverse effects ~ 38a One Third of The Nation s Land supra note i7 at i90 Recommendation 73 39 30 C F R § 250 34(a) (1969) Compare 30 C F R § 250 34(a) (1954) 40 See Los Angeles Times Apr 30 i969 (US Gave Oil Leases Without Knowledge Value) in which U S G S Director Pecora stated that the Department of Intenor was flying partly blind and that to evaluate bids without adequate mformation was a hor rible situation to be placed in 4i See 1 Nossaman OCS Study supra note 1 § § 4 9 ii 8 42 The Wall Street Journal June 10 1969 (Oil Industry I)enounees Interior Depart ment's Offshore-Drilling Rules); The Oil and Gas Journal (July i4, i969) at 44. 43 Cal Pub Res Code § 6826 (West Supp i969) provides m part The commission shall require as a condition to the issuance of any permit for the conduct of geological or geophysical surveys on tide and submerged lands PAGENO="0361" 1679 October 19701 OUTER CONTINENTAL SHELFLANDS ACT 777 The Public Land Law Review Commission appears to have con- curred in this analysis in making the following recommendation: "The Federal Government should undertake an expanded off- shore program of collection and dissemination of basic geological and geophysical data. "As part of that program, information developed under explora- tion permits should be fully disclosed to the Government in advance of Outer Continental Shelf lease sales. However, industry evaluations of raw data should be treated as proprietary and excluded from mandatory disclosure."43 a In addition to not having sufficient pre-leasing information to eval- uate, BLM and U.S.G.S. both have lacked a sufficient staff and facil- ities to undertake any extensive evaluation even if the information had been available.44 Commencing before the Santa Barbara inci- dent, but certainly accelerated in 1969, both agencies have received additional staffing and facilities for this purpose.4 ~ Concrete evi- dence of the intention of the federal government to obtain geophys- ical evidence to make necessary pre-leasing decisions was the pur- chase by the Department of the Interior in early 1970 of geophysical data on a large portion of the Louisiana acreage scheduled for lease sale.46 There is no indication that it intends to or can make such information available to prospective bidders and its approach, there- fore, would appear to be consistent with that of industry of indepen- dently acquiring exploratory information. It has been recommended by some that such information be provided by the federal govern- ment to all bidders, but it is questionable whether this would have any substantial effect upon the number or character of bidders or the amount of bids.47 The total cost of entry into offshore oil and gas development, exclusive of that of pre-bidding exploratory work, have been and are anticipated to continue to be too high to attract small firms.4 8 under this section, that the permittee make available to the commission, upon request, all factual and physical exploration results, logs, and records resulting from the operations under the permit. Any such factual or physical explora- tion results, logs, or records which the permittee is required to make available to the commission shall be for the confidential use of the commission and shall not be open to inspection by any other person or agency without the written consent of the permittee. 43a. One Third of The Nation's Land, supra, note 17 at 193, Recommendation 77. 44. 1 Nossainan OCS Study, supra, note 1, § § 4.9, 11.8. 45. The Oil and Gas Journal April 20, 1968 at 34; The Oil and Gas Journal Oct. 13, 1969 at 53-55. 46. The Oil and Gas Journal Jan. 19, 1969 at 26. 47. See Offshore Mineral Resources-A Challenge and an Opportunity, supra note 26 at iii, pa.ra. 5. 48. In 1 Nossarnan OCS Study, supra, note 1, it is noted at 606: Data that was gathered by the Federal Government and made available to PAGENO="0362" 1680 778 NATURAL RESOURCES JOUR!~JAL [Vol 10 D Hard Minerals There are no outer continental shelf leases for minerals other than petroleum, sulphur and salt and the fact that there are not has been used by the hard mining hidustry to support the contention that the competitive bidding and leasehold concepts of the Outer Continental Shelf Lands Act have discouraged the development of other miner als "~ This is a convenient explanation of the situation and it has been used by several outside of the minmg industry, including some representatives of BLM and the Presidential Commission on Marine Science, Engineering and Resources 50 There is, however, little, if any, responsible evidence to support this conclusion A large number of exploratory permits have been issued to mining companies for offshore work,5' but they have not requested that the areas ex plored be put up for leasing except in a very few instances The one lease issued by Interior that covered minerals other than petroleum, sulphur and salt was for phosphate located in an area 40 miles off Southern California and in waters as deep as 4000 feet The fact that it was issued in 1961, before the Convention on the Continental Shelf became effective, is evidence of the initiative of the Secretary of the Interior in a very uncertain title situation 52 The Outer Con tinental Shelf Lands Act vestc in the Secretary full discretion as tc) tract selection royalty and other terms for leases covering mineralc other than sulphur and oil and gas53 which would appear to enabk him to devise a lease attractive to potential entrants if interest shouldi develop The fact that the Act requires that leases be offered on a competitive bid basis is consistent with modern economic thinking and is reasonable.54 bidders might provide an attraction for some small firms to enter competition It is unlikely however that this would be a controlling factor even to this class of entrant because of the other high costs of entry into mineral develop- ment on the outer continental shelf. 49. See Walthier, Problems Relating to Mineral Exploration and Mining on the U.S. Continental Shelf, paper presented to the Public Land Law Review Commission (Jan. 1 1-13, 1968); U.S. Dept. mt., A Report to the Public Land Law Review Commission 90 (March 29, 1968); Krueger Mineral Leasing on the Continental Shelf and Beyond, 42 Cal. State B.J. 515, 523 (1967). 50. Commission on Marine Science, Engineering and Resources, Our Nation and the Sea: A Plan for National Action (1969) [hereinafter cited as Our Nation and the Sea], at 135-37. This also seems to be the suggestion of the Public Land Law Review Commission in its recent report One Third of The Nation s Land supra note 17 at 194 51 1 Nossaman OCS Study supra note i § 11 7 52 Id § 110 See Memorandum Opmion in Krueger supra note 29 at 475 n 124 53 43USC § 1337(e)(1964) 54 See note 114 infra In Sprague and Juhan An Analysis of the Impact of An All Competitive Leasing System on Onshore Oil and Gas Leasing Revenue 10 Natural Re sources J. 514, 531 (1970), it is concluded that an all competitive leasing system for federal onshore leases would have increased government bonus revenue from $ 10-m~iffion to $100-million in 1967 with a filing fee loss for non-competitive leases of only $21/z-million. A PAGENO="0363" 1681 October 1970] OUTER CONTINENTAL SHELFLANDSACT 779 The hard mining industry believes that there are intrinsic and fun- damental differences between it and the petroleum industry which require subsidies and special incentives to make the development of hard minerals offshore economically feasible. Rather than the leasing concept of the Outer Continental Shelf Lands Act, the hard mining industry would prefer to see a separate outer continental shelf code established for hard minerals which would incorporate the basic con- cepts of the Mining Law of 1 872~ ~ and create a system of tract selection under which entrants would non-competitively acquire tracts of a very large size on a non-royalty basis with an estate similar to fee title.5 6 It is questionable today whether the Mining Law of 1872 is supportable on any logical ground in any context whether offshore or upland and its abolition in favor of a leasing system similar to the Outer Continental Shelf Lands Act has been recom- mended by many, including former Secretary of the Interior Stewart Udall.57 The conclusion that the hard mining industry needs sub- sidies or other special incentives in order to be induced to undertake offshore mineral development is, however, probably accurate. It lacks the technological capability for offshore operations which has been highly developed by the oil industry. Similarly, it lacks the knowledge of offshore resources which the petroleum industry has obtained through its extensive offshore work in many parts of the world.58 Last and most importantly, unlike the petroleum industry, the hard mining industry has not had the economic incentives to seek offshore reserves of hard minerals because of the existence of on- shore reserves which can be recovered and processed at a lower unit cost.5 ~ competitive system of allocation appears as functionally valid for hard minerals as for oil and gas. see Brooks and Christy, Memorandum on Suggested Operational Guidelines for an International Regulatory Authority for the Sea-bed, Twenty-First Report of Commission to Study the Organization of Peace 29 (1970); Thompson, Canadian Trends in Mining and Petroleum Legislation: Some New Zealand Comparisons, Australasian Mining Symposium 1, 7 (1970). 55. 17 Stat. 91(1872), codified in various sections of 30 U.S.C. See Hansen, Why a Location System for Hard Minerals? 13 Rocky Mt. Mm. L. Inst. 1(1967). 56. See Walthier, supra note 49. See also 2 Nossaman OCS Study supra, note 1, at 7-E-6, 7-E-7 (summary of questionnaire response and representative replies). One company sug- gested that the minimum lease size in unproved areas be 200 square miles. 57. Letter from Secretary of the Interior Stewart L. Udall to the Chairman and Members of the Public Land Law Review Commission, January 15, 1969, with proposed bill attached, which stated that "after eight years in this office, I have come to the conclusion that the most important piece of unfinished business on the Nation's natural resource agenda is the complete replacement of the Mining Law of 1872." See U. S. Dep't Int., The Mining Law-An Antique in Need of Repeal (1969). Cf Edwards, The 1969 View of the 1872 Law: Current Proposals to Modernize or to Replacs~ the General Mining Laws, 15 Rocky Mt. Mm. L. Inst. 139 (1969). 58. See 1 Nossaman OCS Study, supra, note 1. § 11.10. 59. Id.; Resources of the Sea, supra, note 50 Rep't of U.N. Sec. Gen. to U.N. ECOSOC, U.N. Doc. E/4449 at 4 (Feb. 21, 1968). PAGENO="0364" 1682 780 NATURAL RESOURCES JOURNAL [Vol 10 The real issue is not whether the hard mining industry needs spe- cial incentives in order to develop offshore minerals, but whether it serves any policy objectives to provide them It is questionable whether it does at this point in time From Ihe standpoint of effi cient resource management hard minerals are being obtained from other sources From the standpoint of the encouragement of mul tiple use of resources and the protection of environmental quality, the offshore is better left unmined, particularly with due regard to the fact that some forms of hard mining, such as dredging, can be expected to cause much greater pollution and much more inter- ference with other uses than petroleum development.6 0 From the standpoint of maximization of revenue to the federal government, there would seem to be little to be gained by supporting offshore development by the hard minmg industry, at least on the basis pro posed by it. The goal of encouragement of private participation in offshore development and of the advancement of knowledge of the development of technology would be served by giving special en- couragement to the hard mining industry. These goals are being satisfied in large part by the involvement of the petroleum industry in the offshore, however, and it may be that the petroleum industry through its advanced knowledge and technology will be able to un dertake development of other minerals without the special incentives sought by the hard mining industry It is noteworthy that the Public Land Law Review Commission did not recommend the extension of the location and patent system applicable to public lands into the outer continental shelf, even though it recommended that it be maintained elsewhere with modifications 60 a E. Future Developments As may be readily apparent from the foregoing, the future selec- tion of lands for mineral leasing under the Outer Continental Shelf Lands Act will involve the intensive consideration by the Department of the Interior of all of the issues involved in the multiple use of public lands, very probably including public hearings, and very prob- ably also the imposition of conditions to adjust for the special cir- cumstances of each offshore leasing situation Further, some areas 60. 1 Nossaman OCS Study, supra, note 1, § § 10.3-10.4. 60a. One Third of The Nation's Land, supra, note i7 at 194. The Public Land Law Review Commission which appears to have a distinct onentation to the hard mining m dustry recommended retention of the mining law of 1872, albeit with a number of changes designed to substantially modernize it Id at 121 139 passim The disfunctional effect of the iocation and patent system and its obvious anachronism at this point in time inspired a strong dissent from four Commissioners Id at i30-1~2 PAGENO="0365" 1683 October 1960] OUTER CONTINENTAL SHELF LANDS ACT 781 such as those off Southern California may be withheld from leasing indefinitely.6 1 In addition, it is quite likely that the coastal states will be given planning jurisdiction over the offshore that will strongly influence leasing practices under the Act. The Marine Sciences Commission in its 1969 report made a large number of recommendations designed to effect a better management of the coastal zone, including the establishment of a major civilian agency, the National Oceanic and Atmospheric Agency ("NOAA") for the administration of federal, civil, marine and atmospheric pro- grams62 and the enactment of a Coastal Management Act to estab- lish policy objectives and authorize grants-in-aid for State Coastal Zone Authorities in planning and managing coastal waters and adja- cent lands.63 In both the House and the Senate measures have been introduced to implement these recommendations and it seems quite likely that legislation with respect to at least the Coastal Zone Au- thority concept will be adopted.64 The legislation that is now pend- ing before both Houses of Congress would limit the authority of the coastal state to the planning of the lands owned by the coastal state (the so-called "three-mile limit"), but in situations such as the Santa Barbara Channel there are both political and practical reasons for believing that this authority would influence developments in fed- erally-owned lands.65 61. On October 29, 1969, U. S. Senator Cranston introduced S. 3093, which would suspend all further federal leasing in offshore California provided that state law prohibits the issuance of oil and gas leases in offshore areas adjacent to the outer continental shelf. On February 26, 1970, U. S. Senator Muskie introduced S. 3516, which would require the Secretary of the Interior to assume operations with respect to all federal leases in the Santa Barbara Channel and terminate permanently all such operations in an orderly and safe fashion. S. 3516 would authorize actions against the United States to recover damages for the termination of such operations. In addition a number of complimentary measures have been introduced in the California Legislature. Even if federal legislation on the subject is not adopted, it is highly unlikely that the Secretary of the Interior will hold any lease sales in Southern California for some time to come. There are a number of unleased tracts in the Santa Barbara Channel and in other parts of Southern California, such as the San Pedro Bay, lying between the mainland and Santa Catalina Island, that have large petroleum potential. With due regard to the current state of public opinion in California, however, it is improbable that these will be proposed for leasing until technology has advanced to the point where the likelihood of pollution from oil is minimal and spatial interferences with other uses have been substantially eliminated, as by the use of seabed installations and operations. 62. See Krueger, supra, note 29, at 443 n. 6. 63. Id. 64. Id. 65. It has been proposed that the planning power of the coastal states extend to portions of the outer continental shelf which have "a special functional interrelationship with lands within the boundaries of the coastal State or States affected" where is is justified by the supervising agency of the federal government. See House Committee Hearings, supra note 6 in Krueger, supra, note 29, at 443 n. 6. at 196. Moreover, even if the planning jurisdiction of the coastal state extends only to lands within its boundaries, the federal government would PAGENO="0366" 1684 782 NATURAL RESOURCESJOURNAL [Vol. 10 The enactment of legislation creating the National Council on En vironmental Quality6 6 and the action taken by the administration pursuant to President Nixon's State of the Union Message6 ~ evidence a national commitment to protect and restore the environment at all levels in this country. Presently there may be an overemphasis of "human" values in the consideration of offshore situations. It should be remembered, however, that this follows an extended period o:f time in which the encouragement of industrial development and the maximization of the return of revenue to the federal government and the various coastal states have been emphasized in opposition to most other policy objectives 68 be strongly influenced by state plans which it had approved as to adjacent areas under federal jurisdiction If for example California planned its coastal lands so as to prohibit offshore oil development except under certain carefully defined special circumstances th~ federal government would have difficulty in permitting less stringent forms of operations a to its properties particularly where they would be surrounded by state lands as would bc the situation in Southern California between the mainland and the Channel Islands as well as in offshore Maine Florida and Alaska Note in this regard that the state planning condi tions would be highly relevant with respect to the content of the special leasing conditionc which the BLM Director is required to develop as necessary to protect the environment and all other resources Note also that the Comprehensivc Ocean Area Plan now being developed by California mcludes adjacent areas of the outer continental shelf and that particular emphasis is being placed on planning of those areas between the mainland and the Channel Islands. 66 National Environmental Policy Act of 1969 Pub L 91190 83 Stat 852 (1969) Section 2 of the Act provides that its purposes are To declare a national policy which will encourage productive and enjoyable harmony between man and his environment to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man to enrich the understanding of the ecological systems and natural resources important to the Nation and to establish a Council on Environmental Quality 67 Los Angeles Times January 23 1970 68 Boone v Kingsbury 206 Cal 148 273 P 797 (1928) which held the application of California s Mineral Leasing Act of i921 to its offshore as being consistent with the pur poses of commerce navigation and fishing for which the state holds its offshore in trust is illustrative in this respect It was there said at 192 93 No harm can come to fisheries under the protectivç provisions of the act as it must be presumed that the provisions of the act will be observed, and, if not observed the general laws enacted for the protection of fish and sea life against the pollution of waters by penalizing persons or corporations who cause or are responsible for deleterious substances escaping into the public waters of the state are amply sufficient to protect sea life against serious injury or destruction Nor is there any substantial cause of alarm lest the 1200 miles of our sea coast will be barricaded by a forest of oil derricks which will interfere with commerce or navigation The state may at any time remove structures from the ocean erected by its citizens even though they have been erected with its license or consent if it subsequently determines them to be purprestures or finds that they substantially interfere with navigation or commerce Gasoline is so closely allied with state and national welfare as to make its production a matter of state and national concern. If it can be said of any industry that its output is "in ald and furtherance of commerce and naviga- PAGENO="0367" 1685 October 19701 OUTEE CONTINENTAL SHELF LANDS ACT 783 Lastly, it should be noted that the extent of the federal govern- ment's discretion to select lands for lease will be strongly influenced by the international policy decisions with respect to the extent of limits of national jurisdiction (continental shelf) which are presently under consideration by the international community. If a .narrow boundary to the continental shelf is adopted as recommended by the Marine Sciences Commission and President Nixon6 ~, obviously the discretion of the Secretary of the Interior would be materially af- fected, in view of the claims and leases designated under the Outer Continental Shelf Lands Act.7 0 III DETERMINATION OF SIZE AND TIMING OF LEASE SALES The Outer Continental Shelf Lands Act requires that an oil and gas lease "cover a compact area not exceeding five thousand seven hun- dred and sixty acres" and contains no acreage restrictions with re- spect to sulphur or other minerals.7 1 Neither the Act nor the regula- tions promulgated thereunder contain any other restrictions upon, or standards for determining the times at which lease sales are to be held, the number of tracts to be offered or the size of the tracts, except that the newly issued regulations contemplate that the BLM Director will "[f] rom time to time announce tentative schedules of lease sales."72 There has been a clear preference on the part of the major oil companies for large offerings of blocks of approximately the maximum size and this has normally been the practice of Interior to the present time. None of the sales off the West Coast have in- volved less than 500,000 acres and one for lands off Oregon-Washing- ton totaled approximately 1-million acres.73 Three of the sales covering lands off Louisiana have offered more than 1-million acres with two being approximately 1,750,000 acres each.74 The May 21, 1968, sale covered 728,000 acres of land off Texas and at that time, the Secretary of the Interior observed that the sale "is more in line with sound resource management and that a pattern of sales held tion," and its production "a public benefit," the production of gasoline, by ~reason of the motive elements that inhere in it and its universal use and adaptability to varied uses and the convenient and portable form in which it may be confined, would entitle it to a high classification in the scale of useful, natural products. It is a mover of commerce and fills the office of "a public benefit." 69. See Krueger, supra, note 29, at 444, 485. 70. See Id. at471, n. 113. 71. 43 U.S.C. § § 1337(b), (d) (1964). 72. 43 c.F.R. § 3381.2 (1969). 73. 1 Nossaman ocs Study, supra, note 1, § 4.17. 74. Id. PAGENO="0368" 1686 784 NA TURAL RESOURCES JOURNAL [Vol. 10 more frequently and involving smaller acreage than those of the past should be our future objective."75 The timing of past lease sales has been relatively sporadic and the notice given before such sales has been short, averaging something close to one and one-half months.76 On the other hand, Interior has typically given industry advance notice of something over two years that an area may be the subject of a lease sale by notice of the preparation of leasing maps and calling for nominations in the area.7 ` Interior has not, however, coordinated lease sales with state offshore offerings and the sales have not been conducted on a scheduled basis. As suggested by a number of major oil companies and some smaller ones, the objective of efficient resource manage- ment would clearly seem to be better served through a system of scheduled lease sales with longer notice periods, and it is probably for this reason that Interior's regulations were changed to provide for such scheduling.78 It is quite possible that the lease sales held in the past have re- sulted in something less than the maximum return of revenue to the federal government due to the surcharge of capital requirements imposed by bonus bidding. Note for example the sales which oc- curred between June of 1967 and June of 1968: TOTAL BONUS TOTAL BONUS DATE STATE BID RECEIVED June, 1967 Louisiana $1.6-billion $510-million February, 1968 California $1.3-billion $600-million June, 1968 Texas $1.6-billion $600-million In addition, there have been a number of "drainage" tracts recently leased for high bonuses and late in 1969 the State of Alaska sold North Slope leases for an aggregate bonus of $ 862-million.80 The capital necessary for these bonus costs and necessary exploratory work has been a major cause of the rapid growth of the ratios of indebtedness to equity among major oil companies.8 1 It also appears 75. Press Release, Dept. mt. (BLM), Mar. 11, 1968. 76. See 1~Nossaman OCS Study, supra, note 1, § 4.19. 77. Id., § 4.16. 78. Id., § 11.18. See Our Nation and The Sea, supra note 50 at 127; See also 43 C.F.R. § 3381.2 (1969). 79. See Petroleum and Sulphur on The U.S. Continental Shelf, supra note 40 at 8. See also 1 Nossaman OCS Study, supra, note 1, Tables 8-13, § § 8.10, 11.16. 80. The Wall Street Journal, Sept. 11, 1969 (Alaska Apparently Raises Over $900-Million in Sale of North Slope Oil Leases; Concerns' Bids Totaled 1,105); The Oil and Gas Journal, Sept. 15, 1969 at 23. 8L 1 Nossaman OCS Study, supra, note 1, § 11.16. See also The Oil and Gas Journal, Feb. 2, 1970 at 53. PAGENO="0369" 1687 October 1970] OUTER CONTINENTAL SHELF LANDS ACT 785 to have been a significant element in the development of the com- mon practice of joint bidding on offshore leases.82 It is questionable, however, whether a system of scheduled offer- ings of a smaller number of tracts and at greater intervals would have resulted in a substantially greater return of revenue to the federal government. The evidence quite clearly indicates that there was effective competition among the petroleum industry at the various lease sales and the bonuses received have been large.8 ~ With respect to the Santa Barbara Channel leases, there is in fact sound reason to believe that less bonus would have been bid has the leases been offered serially rather than in block form. The relatively unsuccessful exploratory efforts of many of the successful bidders and the Union Oil Company A-2 1 Well blowout with its resultant side effects could and can be counted upon to "chill" the price of any future bonuses for leases in this area.84 Moreover, it is clear that the relatively rapid rate of lease sales up to the time of the Santa Barbara incident resulted in greater exploration and consequently a greater advance- ment of technology and knowledge than otherwise would have taken place.85 At times, it has been suggested that the timing and size of federal offshore lease sales could influence the entry of smaller firms into offshore exploration. It has been shown that large independent oil companies are capable of effectively competing by group bidding as against major oil companies even as to very valuable offshore prop- erties,86 but there is no evidence that smaller firms could be induced into effective competition in the offshore even if the sales were spaced further apart or the size of the tracts were reduced. The experience of BLM with small tracts indicates in fact that the smaller firms per se are not economically capable of competing in the outer 82. 1 Nossaman OCS Study, supra, note 1, § § 8.14-8.17, 11.16. 83. Id. § § 8.17-8.20, 11.18, 11.24. 84. The Oil and Gas Journal, Aug. 12, 1967; Los Angeles Times, Oct. 16, 1968 (Humble Admits Channel Lease Results Slight). 85. The Outer Continental Shelf Lands Act and all of the oil and gas leases issued pursuant to it, in effect, require drilling operations within five years after the oil and gas lease is issued. 43 U.S.C. § 1337(b) (1964); 43 C.F.R. § 3382.2 (1969). In the Santa Barbara Channel, a substantial number of the tracts are at the outer extreme of present standard exploratory drillthg technology and beyond the known industry capability on developmental drilling and production technology. See 1 Nossaman OCS Study supra, note 1, § § 7.2-7.3, 7.7. It is unquestionably true also that the Santa Barbara spill and other recent large oil spills have contributed materially to the demand for and development of technological advances in oil pollution treatment. 86. Note the amounts bid by the Pauley Petroleum Inc. group in the Santa Barbara Channel oil and gas lease sale of February 6, 1968. 1 Nossainan OCS Study, supra, note 1, Tables 8-13 at 506, § 11.18. Note also the amounts bid by independents in the recent Alaska sale (note 80 supra). 77-463 0 - 72 - pt.3 - 24 PAGENO="0370" 1688 786 NATURAL RESOURCES JOURNAL [Vol. 10 continental shelf. In the 1968 Texas sale, 32% of the tracts were quarter tracts and of these only 60% received any bids as against over 95% of the full tracts (5,760 acres). Moreover, competitive interests indicated by multiple bids was shown in only 12% of the quarter tracts offered as compared with 70% of the full tracts. With due regard to the fact that a number of the quarter tracts had been selected by BLM for the relatively high potential, there is a strong indication that the offer of smaller tracts is not a stimulus to compe- tition.8 7 The answer on this issue would appear to be that the "start up" and initial exploratory drilling costs of offshore development which are approximately the same whether a small or a full tract is leased are sufficiently high as to preclude the entry into competition for outer continental shelf resources of smaller oil and gas firms, irrespective of bonus. With respect to minerals other than petroleum, sulphur and salt, there has been only one lease issued which was for phosphate and covered 30,240 acres.88 The hard mining industry has indicated be- cause of the very large anticipated exploration and development costs it will be necessary that the resource entrant acquire (and acquire non-competitively) very large areas.8 ~ The "unknowns" of the hard mining industry are such that it is difficult to assess their needs, although certainly it is reasonable to anticipate that large leasehold areas will be necessary to permit the economic exploration and development of hard minerals in certain types of deposits, e.g., manganese modules.9° It should be noted again that the Outer Con- tinental Shelf Lands Act permits the Secretary of the Interior to fix the area in terms of the lease for hard minerals on whatever basis appears to be reasonable to him which should be entirely sufficient authority in this respect. Iv ALLOCATION OF LEASES A. Existing System The Outer Continental Shelf Lands Act requires that oil and gas leases be issued by competitive bidding and authorizes the Secretary of the Interior to call for bidding on the basis of cash bonus with a fixed royalty of not less than 1 2½% or on the basis of royalty bid with a 1 2½% minimUm and a fixed cash bonus.9 1 The practice of the 87. 1 Nossaman OCS Study supra, note 1, § 11.18. 88. Id. § 4.59. There were actually six separately leased tracts totalling this figure leased to Collier Carbon and Chemical Corporation, a subsidiary of Union Oil Company. 89. See notes 49 and 56 supra. 90. See Mero, Mineral Deposits of the Sea 143, 260 (1965). 91. 43 U.S.C. § 1337(a) (1964). See 1 Nossaman OCS Study supra, note 1, § 4.30. PAGENO="0371" 1689 October 1970] OUTER CONTINENTAL SHELF LANDS ACT 787 Secretary has been to issue all leases with a 16-2/3% royalty and on the basis of the highest cash bonus bid. The Act requires cash bonus bidding on all other minerals with such royalty, rental and other terms as the Secretary may prescribe, but with a minimum 5% roy- alty for sulphur.9 2 To date all sulphur leases have provided for 7½% royalty. It is clear that as to petroleum and sulphur the existing system of bidding has encouraged industry in the development of offshore re- sources and has resulted in a very favorable revenue return to the federal government. As noted earlier, large sums of money have been bid for many of the tracts offered by a large number of companies, frequently bidding in combination.93 The existing system, moreover, appears to have achieved reason- ably efficient resource management. BLM has not hesitated to reject bids which it concluded were low after considering available geologic information and the bidding record. This function of review and analysis would, however, be more complete if U.S.G.S. and conse- quently, BLM possessed the knowledge of the bidders regarding the tracts under consideration.94 B. Alternative Forms of Bidding The language of the Act with respect to oil and gas appears suffi- ciently broad to permit experimentation with alternative forms of offer, including bidding on the basis of flat royalty, sliding scale royalty or net profits.9 ~ Leases for other minerals would have to be offered on the basis of cash bonus bidding; but they and oil and gas leases could provide for sliding scale royalties or the payment of a percentage of ne.t profits, if any statutory minimum royalty were required to be paid in any case. The Act could be amended so as to authorize non-competitive leases such as those presently authorized for federal onshore lands under the Mineral Leasing Act of 1 92O~6 or the mining location system authorized by the Mining Law of 1 872.~" It could also be amended so as to authorize development contracts either through negotiation or competitive bidding and the use of a combination of bid factors. A brief examination of each of these alternatives is in order. 92. 43 U.S.C. § § 1337(d)-(e) (1964). See 1 Nossaman OCS Study supra, note 1 § 4.31. 93. See notes 82, 83, supra; See also statement of Clyde 0. Martz, Asst. Att. Gen., to the Pub. Land Law Rev. Comm'n, April 3, 6, 1968, at 25. 94. See notes 39-47 supra; See also 1 Nossaman OCS Study, supra, note 1, § § 4.9, 11.8, 11.24. 95. 43 U.S.C. § § 1337(a)-(b) (1964). In any case, a flat royalty of not less than 12½% would be required to be paid in addition to such other terms as fixed by the Secretary. 96. 41 Stat. 437 (1920), as amended, 30 U.S.C. § § 181-287 (1964). 97. See note 55 supra. PAGENO="0372" 1690 788 NA TURAL RESOURCES JOURNAL [VoL 10 Royalty bidding, whether on a flat royalty basis (lease awarded to the highest gross royalty offered) or a sliding scale basis (lease awarded to the highest multiple of a stated royalty scale), is fre- quently suggested as a means of attracting bidders who do not have the funds to compete on the basis of cash bonus or in interesting bidders in exploring unattractive property for minerals which are presently undeveloped. In California, it was also used for a number of years as to proven or semi-proven property to give the state a greater participation in production.9 8 There are, however, some very basic drawbacks to both forms of royalty bidding. Royalty in any form creates an inherent problem of resource economics. It becomes part of the fixed costs of operation and thereby contributes to diminishing the operator's incentive to produce as such costs ap- proach the value of production. Flat royalty bidding compounds the problem: the greater the royalty, the greater the incentive to pre- maturely abandon.99 A sliding scale royalty presents less of a problem in this respect because the royalty adjusts downward with a decrease in production, but this factor also provides the operator with incentive to produce at the lowest permissible rate in order to reduce royalty.' ° ° The extraction of the resource may, therefore, be unreasonably delayed with a correlative delay in the payment of royalty to the govern- ment. It is also of course true of any type of royalty bidding that the lessor will receive less by way of cash bonus than it would on a cash bonus bidding basis and that the ultimate return to the lessor will depend upon the success of the lessee's operation. The premature abandonment problem could be substantially elim- inated by providing for a successively decreasing royalty, possibly even providing for its termination, when production or reserves reach stated minimal levels. Such a system would, however, encourage the operator to prematurely establish the stated lower levels in order to reduce royalty in the same fashion as does the sliding scale. It would also create a much greater administrative burden on the leasing agency.' °` 98. Krueger, State Tideland Leasing in California, S U.C.L.A. L. Rev. 427, 444-46 (1958); 2 Nossaman OCS Study, supra, note 1, App. 12A at 12-A-9, 12-A-96 et seq. 99. 1 Nossaman OCS Study, supra, note 1, § 11.43. See also note 133 infra. 100. 1 Nossaman OCS Study, supra, note 1 § 12.37. The Atlantic Richfield Cali- fornia State lease at Rincon discussed in Krueger, supra, note 98 at 445, is an interesting case study. There the royalty bid was such that 100% royalty would be reached at ap- proximately 125 barrels per day average production. All wells drilled have been producing at a much lower rate than this, based upon "MER" considerations. See Cal. Pub. Res. Code § 3451 (West 1957). 101. U.S.G.S. officials regard the present regulations permitting the reduction of royalty and rental (discussed in text accompanying note 133 infra) with apprehension, because of PAGENO="0373" 1691 October 1970J OUTER CONTINENTAL SHELFLANDS ACT 789 Moreover, exclusive of the inherent problems presented by royalty bidding, it is questionable whether it would today attract bidders to the offshore who would not otherwise compete on the basis of cash bonus bidding. As noted earlier, the other costs of entry into off- shore mineral development are so great as to create a doubt as to whether bonus requirements has any significant deterrent effect. So, too, it is doubtful that royalty bidding would attract bidders to property or minerals in whi~h they would have no interest under cash bonus bidding. The few and very low bids that unattractive property receives under cash bonus bidding would indicate that there would be little interest on any basis.1 02 Lastly, if exploratory and development costs can be anticipated to be high, a higher royalty through royalty bidding could have a discouraging rather than en- couraging effect upon potential entrants. Net profits interests have been held to be akin to royalty1 03 and bidding on the basis of the highest percentage of net profits offered would appear to be a permissible alternative under the Outer Con- tinental Shelf Lands Act, provided that leases required the payment of the stated minimum royalties in the case of petroleum and sul- phur. This type of lease would have the advantage of permitting the operator to deduct all costs of exploration and operation before the payment of any sums to the government (except the designated mini- mum royalty and bonus) and for that reason could encourage ex- ploration in some otherwise not attractive areas and the development of new techniques. In the event of discovery, it would mitigate the incentive to prematurely abandon that is present with any form of royalty bidding. Lastly, whether the area involved is proven or wild- cat, it may attract very high bids from integrated oil companies that may be more interested in providing a source of supply rather than in sales production. The 1965 Contractor's Agreement for the develop- ment of the East Wilmington Field issued by the City of Long Beach, California is an example of that; there the successful bidders for field contractors offered 95.56% of net profits.1 04 The net profits con- the evaluation required in the reduction standard. They have taken the informal position that royalty may not be reduced below the statutory leasing minimums which does not appear to be the import of the statute or regulations. See 1 Nossaman OCS Study, note 1 supra, § 11.43. 102. Some of the low bids for tracts on which industry has little knowledge appear to be "fishing" bids submitted in the hope that there-will be little or no competition and that the bidder will thus be awarded leases at relatively little cost. See 1 Nossaman OCS Study, note 1 supra, § § 4.23, 8.19, 11.21. 103. Burton-Sutton Oil Co. v. Comm'r, 328 U.S. 25 (1946). 104. In 2 Nossaman OCS Study, supra, note 1, App. 12.A it is said at 12-A-16: The agreement, which is set forth in Exhibit F, provided for development, under the joint supervision of the City and State, by a field contractor having PAGENO="0374" .1692 790 NA TURAL RESOURCES JOURNAL [Vol. 10 tract, however, has one basic defect: the larger the reserved net profits interest, the less incentive the operator has to be efficient. There may in fact be an incentive to be inefficient where the op- erator has a very small share of net profits, but receives an adminis- trative allowance of a specified percentage of operating expenses.1 ° ~ The development contract is also a possible alternative. It would require the. contractor to perform specified operations for a desig- nated share of production or for a designated fee. It could be nego- tiated or awarded competitively, but would appear to require an amendment to the Outer Continental Shelf Lands Act.' 06 It would offer an opportunity to the federal government to experiment with various types of operations and possibly encourage the development of minerals and areas presently not being developed. A basic draw- back in many of the development contracts that have been seen to date, however, has been that they encouraged interested operators to offer to perform work unnecessary for the efficient development of the resource. Further, such contracts are difficult to administer and require many subjective judgment factors.1 0 an undivided 80% working interest, with non-operating participations being offered to five non-operating contractors in shares of 10%, 5%, 21/2%, 1½%, and 1%. The February, 1965 bidding for these interests produced a high bid for the field contractor's 80% undivided share, jointly bid in by Texaco, Humble, Union, Mobil and Shell, of 95.56% of net profits; for the non- operating contractors' 10% undivided share, jointly bid in by Pauley and Allied Chemical, 98.277%; for the 5% undivided share, jointly bid in by Stan- dard of California and Richfield, 100%; for the 2½% undivided share, jointly bid in by Standard of California and Richfield, 99.45%; for the 11/z% undivided share, jointly bid in by Standard of California and Richfield, 99.54%; and for the 1% undivided share, jointly bid in by Standard of California and Richfield, 99.55%. 105. The Long Beach agreement awarded the field operator an overhead allowance of 3% of total costs. As noted in the report of the Legislative Analyst, "Thus [the field operatorl has no significant economic incentive to increase the state's and its own net profits by carefully controlling costs." Report on Wilmington Oil Field and State Offshore Leasing by California State Legislative Analyst, Mar. 5, 1968, 2 Nossaman OCS Study, supra, note 1, App. 12-A at 12-17, 12-A-113 et seq. See also 1 Nossaman OCS Study, supra, note 1, § 12.40. 106. A lease and a contract may, of course, be substantively the same. See Los Angeles County v. Continental Corp., 113 Cal. App.2d 207, 223, 248 P.2d 157 (1952), in which it was held that a "drilling and operating agreement" was in substance a lease. It is clear, however, that if a development contract were to be offered under the Submerged Lands Act as presently constituted, the same would have to be done under competitive bidding and all other mandatory leasing requirements of the Act, including minimum royalty, would have to be met. 43 U.S.C. § 1337(a)-(e) (1964). Moreover, the Act refers to "leases" and it is questionable whether most development contracts would fall within this category. See 1 Nossaman OCS Study, supra, note 1, § 12.41; Morris, The North Sea Continental Shelf: Oil and Gas Legal Problems, 2 Int'l Lawyer 191 (1968) (development contracts in United Kingdom and Norway discussed); 2 Nossaman OCS Study, supra, note 1, App. 12-C at 12-C-72 et seq. (United Kingdom). Cf id. at 12-C-89, 12-C-92 et seq. (Venezuela). 107. See 1 Nossaman OCS Study, supra, note 1. See also Morris, supra, note 297. PAGENO="0375" 1693 October 1970] OUTER CONTINENTAL SHELFLANDS ACT 791 The multiple bid alternative which permits bidders to offer any combination of bonus, rent and royalty is also a possible alternative, but is basically objectionable because of the subjective feature in- volved. It is permitted by statute in Louisiana, but is not used there.1 08 In a given situation, one of the foregoing alternatives could be superior to the bonus bidding and flat royalty system adopted by the federal government. All, however, require more administrative atten- tion and raise collateral issues that the existing system does not. Moreover, the fact that the existing system is supported by the petroleum industry, which comprises most potentially interested bid- ders, is significant.1 09 Considering all factors in the light of relevant policy objectives, the existing system appears to be a superior one. C. Competitive v. Non-Competitive Allocation There have been a number of recent suggestions that the Outer Continental Shelf Lands Act should be amended to permit the Secre- tary of the Interior to grant non-competitive leases covering hard minerals in order to encourage their development. The Marine Sciences Commission in Our Nation and The Sea indicated that it concurred in the hard mining industries' cOntention that the com- petitive bidding procedures of the act were inappropriate for present mining leases. It pointed out that the ratio of exploration costs to potential profits is much smaller with most hard minerals than with oil and seemed to conclude that this made competitive bidding fair for oil but not fair for hard minerals. The Commission recommended that the Secretary of the Interior be given and use, where appropri- ate, the authority to issue leases for hard minerals on a non-- competitive basis. It noted that the federal rule on this subject also "would provide a suitable model for the States."1 1 0 The Marine Sciences Commission indicated that it would hesitate to recommend the extension of the claim staking system of the Mining Law of 1872 into the offshore in view of the tendency of the Public Land Law Review Commission study on this subject, but clearly the overall effect of its recommendation was to advocate the granting of non-competitive concessions for hard minerals where "private industry undertakes.. . detailed exploration and investiga 108. 2 Nossaman OCS Study, supra, note 1 App. 12-A at 12-A-23, 12-A-25. See also Hardy, The Administration of Offshore Mineral Leasing Statutes in the Gulf of Mexico (Louisiana and Texas), 1 Natural Resources Law. (No. 3) 70 (1968); 1 Nossaman OCS Study supra, note 1, § 12.39. 109. See 2 Nossaman OCS Study, supra, note 1, App. 12-E at 12-E-25 et seq.; 1 Nossa- man OCS Studysupra, note 1, § § 11.27, 12.36.' 110. Our Nation and The Sea, supra, note 50 at 137. PAGENO="0376" 1694 792 NATURAL RESOURCESJOURNAL [Vol.10 tion." ~` The Commission's strange conviction that competitive allocation discourages interest in undeveloped resources also found its way into its comments regarding the International Registry Au- thority which it recommends be given jurisdiction over mineral resources lying beyond limits of national jurisdiction (a redefined continental shelf and "intermediate zone"). The Commission recom- mended that claims be registered with respect to specified mineral resources in specified areas of the deep seas on a "first-come, first- registered" basis.' 12 It also recommended that the United States use the same policy in disposing of claims made by it with the Interna- tional Registry agency.'' ~ The experience of this country in public land leasing does not support the Commission's recommendations. "First-come, first- registered" has a democratic ring to it, but little else. Let us review the history of two other "first-come, first-registered" systems. Alaska has a non-competitive system for issuing prospecting per- mits and subsequently leases for unproven deposits of hard minerals on a non-competitive and royalty-free basis. It also permits expen- ditures to be offset against the quite low rentals provided.' `~ These are very favorable conditions to encourage the exploration and de- velopment of hard minerals. They are almost as favorable as the terms of the Mining Law of 1872 that the mining industry seeks to have extended into the outer continental shelf. The result in Alaska has been that a large number of permits have been issued for offshore placer deposits. The result also has been that there is not yet a commercially producing deposit of hard minerals in offshore Alaska. This is also true of the offshore lands of all other coastal states as well as the outer continental shelf.' `~ Query, then, the logic of concluding that a non-competitive entry system will encourage off- shore development of hard minerals or even the exploration of them. Gauged in light of the overall costs of offshore exploration and development, bonus and royalty clearly do not appear to be control- ling influences. The controlling influence would clearly seem to be the need for the mineral in question, and the hard mining industry 111. Id. 112. Id. at 148, 150. 113. Id. at 155. 114. 2 Nossaman OCS Study, supra, note 1, App. 12-A, at 12-A-35, 12-A-40. See also Crews, The Administration of the Offshore Mineral Leasing Statutes in the Pacific North- west (Alaska and Washington), 1 Natural Resources Law. (No. 3) 49 (1968). 115. A possible exception is a barite operation at Castle Island (Sitka area). Interview with Rodney Dowling, Mineral Section, Division of Mines and Geology, State of Alaska (Feb. 4, 1970). There appear in fact tobe no existing commercial hard mineral operations in any area off the United States. Interview with John Mero, La Jolla, California (Apr. 29, 1970). PAGENO="0377" 1695 October 19701 OUTER CONTINENTAL SHELFLANDSACT 793 has told us by its lack of interest in leasing under the Outer Con- tinental Shelf Lands Act that it is not yet interested in offshore minerals. When economic interest in resource development is present, it manifests itself in a capitalist society in more than one firm at- tempting to acquire entry to the resource: this is called competition. At this point, a system which does not recognize the competition and provide a logical way of resolving it is an impediment rather than a catalyst to resource development. The experience of the federal government under the non-compet- itive leasing provisions of the Mineral Leasing Act of 192011 6 illus- trates this. Under both the non-competitive leasing system of the Mineral Leasing Act which covers unproven onshore federal lands and the competitive system of the Outer Continental Shelf Lands Act there has been little interest shown by potential resource en- trants where a property is of a low potential. In parallel fashion where a property has medium or high resource potential there is competition evidenced under both systems, the same being shown under the Mineral Leasing Act with multiple filings for a particular lease, and under the Outer Continental Shelf Lands Act with multi- ple bids and large bonuses being offered.' 1 ~ The principal difference is that there is a rational way of resolving the competition under the Outer Continental Shelf Lands Act by the compulsory selection of the high bidder. Under the Mineral Leasing Act the Secretary of the Interior has found a lottery to be the most intelligent way that he can resolve competition under the non-competitive system imposed by the Act,' 1 8 a fact which should speak for itself. There is basic illogic in allocating resources in which there may be competitive interest by a system which ignores that interest. Further- more there is the inherent danger in any non-competitive system that a valuable resource may be disposed of without a fair return to the resource owner-here the federal government. The Outer Continental Shelf Lands Act gives the Secretary of the Interior essentially unbridled discretion as to the terms of hard - 116. 41 Stat. 437 (1920), asamended, 30 U.S.C. § § 181-287 (1964). 117. See notes 83 and 93 supra. See also Boone v. Kingsbury, 206 Cal. 148, 273 P. 797 (1928); Krueger, supra, note 98, at 436. 118. The BLM regulations under the Act provide in part: Simultaneous applications or offers for lease. (a) Where applications or offers received by mall or filed over the counter at the same time are in conflict the right of priority of filing will be de- termined by public drawing. (b) The priorities of all applications or offers to lease made and filed in accordance with the provisions of § 3123.9, whether or not they are in con- flict, will be determined by public drawing in the manner provided in § 182 1.2-3 of this chapter. 43 C.F.R. § 3104.1 (1964). PAGENO="0378" 1696 794 NATURAL RESOURCES JOURNAL [Vol. 10 mineral leases, subject only to a requirement of competitive bidding, and diligent research has been unable to reveal any instance in which he has shown an unwillingness to use this discretion with respect to hard minerals where serious interest was shown. When offshore re- sources, such as the much-publicized manganese nodules, are corn- petitive in price with onshore reserves we will be in a better position to judge the worth of the Act in this regard. If the price is right, it may well be that the mining companies will run to the shore like lemmings and hopefully express their enthusiasm through competi- tive bidding. At the present, it is premature to judge the Outer Con- tinental Shelf Lands Act as being inappropriate for hard minerals and the discretionary non-competitive leasing powers which the Marine Sciences Commission recommends could have a mischievous effect on federal leasing policy. If it is without merit in this country, it follows that we should not urge its espousal by others, the Marine Sciences Commission notwithstanding.1 1 9 The Public Land Law Review Commission in its recent report recommended that the Secretary of the Interior be given discre- tionary powers to "undertake experimental bidding and leasing ar- rangements, assuring mining companies of leases for a definite period, perhaps 10 years."1 1 9 a This perhaps suggestion has merit if the Secretary's powers in this regard are very closely circumscribed and required to be used sparingly. The Co:mmission suggests, how- ever, that the exception to competitive allocation being created would have a potentially broad application in citing with approval the following dictum of the Marine Sciences Commission: "The system's primary objective should not be to maximize near- term Federal income from rents, royalties, or bonuses but rather the aggregate net economic return to the nation from ocean mining activity." 19b 119. Fortunately, our representatives to the United Nations appear to have a sound resource philosophy. In a statement made to the Economic and Technical Sub-Committee of the U.N. Committee on Peaceful Uses of the Sea-Bed and Ocean Floor on March 11, 1970, Vincent E. McKelvey, a U.S. Delegate to this group made the following remarks: As to means of assigning rights, he described the merits of registration on a "first-come, first-served" basis; selection by lottery; assignment on the basis of the merits of applicants, and assignment through auction. He said that com- petitive bidding was a most efficient method, impartial and apt to increase revenue in situations where there was evidence of competitive interest. U.N. Press Release SB/14, at 4 (Mar. 11, 1970). [Emphasis added.] See also U.N. Secretariat Review, Government Measures Pertaining to the Development of Mineral Resources on the Continental Shelf, U.N. Doc. A/AC. 138/21 paras. 28, 64 (Jan. 27, 1970). 1 19a. One Third of The Nation's Land supra, note 17 at 194. 1 19b. Report of the Commission on Marine Science, Engineering and Resources, Our Nation and The Sea supra, note 50 at 136 (1970); One Third of The Nation's Land supra, note 17 at 194-195. PAGENO="0379" 1697 October 1970] OUTER CONTINENTAL SHELFLANDSACT 795 This approach indicates a fundamental misapprehension in resource economics.1 1 9 c V DETERMINATION OF DRILLING AND PRODUCTION REQUIREMENTS The Outer Continental Shelf Lands Act authorizes the Secretary. of the Interior to prescribe regulations determined "to be necessary and proper in order to provide for the prevention of waste and conservation of the natural resources of the outer continental shelf, and the protection of correlative rights therein,"1 2 ~ Pursuant thereto, the Secretary has promulgated regulations expressly made part of the outer continental shelf leases authorizing U.S.G.S. super- visors to issue rules to prevent waste and "to govern the development and method of production of a pooi, field, or area. . . to the end that all operations shall be conducted in a manner which will protect the natural resources of the outer continental shelf and result in the 1 19c. See note 54 supra. Brooks and Christy state in their Memorandum in part as follows: Leases must be obtainable on the basis of some non-arbitrary allocation scheme. This is best achieved by some form of auction system. * * * The auction mechanism provides several advantages over a system that awards rights to the first claimant or over a system that awards rights on the basis of non-economic criteria. First, it helps to ensure that the most efficient producers will get the exploitation rights. * * * Second, the auction mechanism provides the least arbitrary means for choosing among competing claimants. * * * Third, the auction mechanism approximates a fair value for the exploitation right much more effectively than any other system. The exploiter bids no more than he feels he can afford. * * * And finally, the auction mechanism will deter speculators from seeking to acquire ex- ploitation rights. Other systems would have to depend entirely upon some kind of per- formance requirement to ensure that leases are used correctly." The Public Land Law Review Commission's notable attachment to non-competitive alloca- tion was also very apparent in its comments regarding onshore exploration permits and leases. The Commission recommended competitive sale of the same "whenever competitive interest can reasonably be expected" (One Third of The Nation's Land supra, note 17 at 132, Recommendation 49), but its comments indicated that it thought that such interest would not always commonly be present in the case of "other minerals." It observed: "It appears to the Commission that competitive leasing would be appropriate (1) in the general area of producing wells, (2) for land covered by relinquished or forfeited leases or permits, or (3) where past activity and general knowledge suggest reasonably good prospects for success." Id at 132, 133. Three Commissioners noted, however, that they had consistently proposed the abolition of all non-competitive leasing. Id. at 133. 120. 43 U.S.C. § 1334(a)(1) (1964). PAGENO="0380" 1698 796 NA TURAL RESOURCES JOURNAL [Vol. 10 maximum economic recovery of the mineral resources in a manner éompatible with sound conservation practices." 2 1 Before beginning operations, a lessee is required to file an accept- able work plan for exploratory operations, which since the change of regulations following the Santa Barbara oil spill has included "fea- tures pertaining to pollution prevention and control." 22 Upon dis- covery the lessee must submit to U.S.G.S. for approval a develop- ment plan which also shows the location of proposed wells and detail therefor. Additionally each supervisor may require the lessee to drill other wells as may be reasonably required "in order that the lease may be properly and timely developed and produced in accordance with good operating practices."1 23 Each supervisor is given au- thority to require tests to determine the identity and character of any formation, and is required to approve all well locations and the well spacing pattern for the proper development of the lease in ques- tion "giving consideration to such factors as the location of drilling platforms, the geological and reservoir characteristics of the field, the number of wells that can be economically drilled, the protection of correlative rights, and minimizing unreasonable interference with other uses of the outer continental shelf area. "1 24 [Emphasis added.] In similar fashion the U.S.G.S. Supervisors appear to have been given the authority to fix production limits based upon whether the same would result in the maximum efficient rate of recovery ("MER"). The regulations authorize a Supervisor "to specify the time and method for determining the potential capacity of any well and to fix, after appropriate notice, the permissible production of any such well that may be produced when such action is necessary to prevent waste or to conform with such proration rules, schedules, or procedures as may be established by the Secretary." 2 5 "Waste" is defined to include "physical waste as that term is generally under- stood in the oil and gas industry [and I the locating, spacing, drilling, equipping, operating, or producing of any oil or gas wells or wells in a manner which causes or tends to cause reduction in the quantity of oil or gas ultimately recoverable from a pooi under prudent and proper operations or which causes or tends to cause unnecessary cr excessive surface loss or destruction of oil or gas." 2 6 121. 30 C.F.R. § 250.11 (1969). Similar language was used prior to the 1969 amend- ments; compare 30C.F.R. § 250.11 (1954). 122. 30 C.F.R. § 250.34(a) (1969). 123. 30 C.F.R. § 250.33(b) (1954). 124. 30 C.F.R. § 250.17 (1969). The emphasized language was added by the 1969 amendments to this section. 125. 30C.F.R. § 250.16 (1954). 126. 30 C.F.R. § 250.2(h) (1954). This definition remained unaffected by the 1969 amendments. PAGENO="0381" 1699 October 1970J OUTER CONTINENTAL SHELI"LANDS ACT 797 Rather than adopting a system of independent determination with respect to drilling and production practices as would be suggested by the above regulations, however, the Secretary of the Interior in the Gulf of Mexico has acquiesced in the application of state regulatory procedures with respect to drilling, including spacing requirements, and has in effect adopted production restriction-of the coastal states under the authority conferred by the Outer Continental Shelf Lands Act to "cooperate with the conservation agencies of the adjacent States" within the meaning of the Outer Continental Shelf Lands Act.1 27 Thus, notwithstanding the frequently expressed point of view that the federal government has and will assert independent jurisdiction over drilling and production practices,1 28 the States of Louisiana and Texas have been able to impose their regulatory sys- tems upon federal lessees. It is undeniable that the present federal system has resulted in the drilling of unnecessary wells with due regard to the spacing requirements of Louisiana and Texas. It further is clear that the application of the market demand prorationing sys- tems of Louisiana and Texas have resulted in the support of marginal onshore production at the expense of operation at the MER of outer continental shelf wells. These considerations which are as long- standing as the Outer Continental Shelf Lands Act itself should, indeed must, have been reflected in the bids made by operators for Gulf of Mexico oil and gas leases.' 2 9 The establishment of an entirely independent federal system of drilling and production practices would have a drastic, and at least in the short-term detrimental, effect upon the petroleum economy in Gulf Coast states. The ability to avoid drilling unnecessary wells would encourage the development of and production from wells on the outer continental shelf as opposed to those on upland or state offshore lands. Further, the limitation of production from outer con- tinental shelf wells to only MER considerations would result in vastly increased production which would inevitably weaken market demand proration regulations. The overall effect would eliminate the most marginal and protected wells in precisely the same manner as would relaxed importation quotas. This type of approach would tend to increase federal revenues, including bonus bids at least in the short run, although total revenues might not increase due to a foreseeable drop in the price of oil and consequently royalty.' 30 127. 43 U.S.C. § 1334(a)(1) (1964). 128. 1 Nossaman OCS Study, supra, note 1, § 9.3. The Oil and Gas Journal, April 20, 1970 at 74. 129. See 1 Nossainan OCS Study supra, note 1, § § 9.7, 11.32-11.33. 130. Id § § 9.7, 12.42. See Kahn, The Combined Effects of Prorationing, the Depletion Allowance and Import Quotas on the Cost of Producing Crude Oil in the United States, 10 Natural Resources J. 53, 57 (1970). PAGENO="0382" 1700 798 NA TURAL RESOURCES JOURNAL [Vol. 10 As indicated in the Act and its legislative history, the economic welfare of the adjacent states was given great consideration and weight and it is probably for this reason that the subject of an independent federal system has been given the extended study and scrutiny that it has. It is not reasonable to anticipate that the federal government will adopt a system based upon purely MER considera- tions with due regard to the disruptive effect that this could have on onshore production. Further, and equally important, the economic effect of any proposed federal system should be analyzed in the context of all other price supports and determinants, including im- portation quotas, the depletion allowance and production from es- sentially non-regulated states, including California and Alaska, par- ticularly Alaska.1 3 1 It is, however, desirable to establish a federal system which will give greater weight to national policy objectives that appear to have been largely ignored to the present time, such as increasing the desirability of investing in the outer continental shelf, increasing resource recovery efficiency, generating greater federal revenue and increasing the outer continental shelf technology. The Public Land Law Review Commission espoused the recom- mendation that the Federal Government promulgate and administer its own rules controlling the rate of oil and gas production from the outer continental shelf noting: "[S] tate production regulations have been developed from data re- lated to dry land and shallow tidewater operations. As Outer Con- tinental Shelf production moves into deeper waters, economic and technical comparability between state production, which is in shal- low waters or on dry land, and deep water production becomes more remote."1 3 1 a VI DETERMINATION OF TERM AND ROYALTY The Outer Continental Shelf Lands Act requires that oil and gas leases be for a period of five years "and as long thereafter as oil or gas may be produced from the area in paying quantities, or drilling or well reworking operations as approved by the Secretary [of the In- terior] are conducted thereon" and carry a royalty of not less than 1 2½%, which in practice has been not less than 16 2/3%.! 32 The Act gives the Secretary of the Interior the authority to prescribe rules and regulations for the "reduction of rentals or royalties" and he has 131. See The Oil and Gas Journal, Apr. 20, 1970 at 99. 131a. One Third of The Nation's Land supra, note 17 at 189. 132. 43 U.S.C. § 1337(b) (1964). See note 91 supra. PAGENO="0383" 1701 October 1970] OUTER CONTINENTAL SHELFLANDS ACT 799 issued regulations authorizing the Director of U.S.G.S. to make such reduction "whenever he determines it necessary to promote develop- ment or finds that a lease cannot be successfully operated under the terms provided therein." ~ No application has yet been filed for such a reduction on outer continental shelf leases. In addition the regulations of the Secretary permit the creation and transfer of "[ci arried working interests, overriding royalty inter- ests, or payments our of production. . . without [any] requirement for filing or approval." ~ As to sulphur, the Outer Continental Shelf Lands Act provides that the term is to be for a period of not more than ten years "and so long thereafter" and for royalty of not less than 5% of gross produc- tion or value of production at the wellhead, although leases to date have provided for a royalty of 7'A%.' ~ ~ As noted earlier, there is presently no outstanding lease for minerals other than petroleum, sulphur or salt. It has been frequently suggested that the five-year primary term for oil and gas may be too short with respect to areas in which operations must be conducted on a short season basis, such as Alaska and the Northeast.' 3 6 It is also quite possible that exploratory drill- ing on the continental slope when and as the same is authorized by the Secretary of the Interior may require greater time than that for areas in the shallower continental shelf. It is questionable, however, that the rigid requirement for development imposed by the primary term has had any substantial adverse effect in light of any of the national policy objectives in this area. It does not appear to have discouraged competitive interest as reflected by the return of rev- enues to the federal government through bonus. From the standpoint of encouraging exploration and an early development of the resource it has had a beneficial effect. If the Outer Continental Shelf Lands Act is amended, however, it would seem desirable to eliminate the mandatory term for both petroleum and sulphur and leave the mat- ter to the discretion of the Secretary of the Interior.' ~ The Outer Continental Shelf Lands Act prescribes that sulphur leases shall be for the primary term of not more than ten years and 133. 43 U.S.C. § 1334(a)(1) (1964); 30 C.F.R. § 250.12(~) 96 Priort~ the 1969 amendments to the regulations, like authorization was provided the Director in 43 C.F.R. § 3383.5(b) (1964). 134. 43 c.F.R. § 3385.2(a)(1) (1964). The resource misallocation problem which in- herently results from a fixed royalty is compounded by the lessees' freedom to create such additional burdens on production. 1 Nossaman OCS Study, supra, note 1, § 11.43. 135. 43 U.S.C. § 1337(d) (1964). See note 92 supra. 136. 1 Nossaman OCS Study, supra, note 1, § 11.45. See also Our Nation and the Sea, supra, note SO, at 126-27. 137. See 1 Nossaman OCS Study, supra, note 1, § 6.26. PAGENO="0384" 1702 800 NA TURAL RESOURCES JOURNAL [Vol. 10 permits leases of other minerals to be for a term and royalty pre- scribed by the Secretary.' 3 8 As noted earlier, there has been a gen- eral dissatisfaction with the provisions of the Act by the hard mining industry, but there has been no indication that the Act or the admin- istration of the Secretary of the Interior has been unworkable with respect to term. The fixed royalty system carries with it an inherent resource mis- allocation problem in that the incentive to produce diminishes pre- maturely-the so-called "royalty load." This problem is compounded by the lessee's power under the Outer Continental Shelf Lands Act and the regulations issued pursuant thereto to create overriding royalties and other burdens on production, such as production pay- ments, without notice to or approval of the Bureau of Land Manage- ment. The regulations of the Secretary of the Interior permitting the reduction of rentals or royalties could mitigate this problem.' ~ If the Outer Continental Shelf Lands Act is amended, it may be desirable to eliminate any minimum royalty requirement and leave the matter to the Secretary's discretion.' 40 He then would be in a position to act more responsively to special situations. The Public Land Law Review Commission in its recent report dealt in a creative fashion with most of the foregoing major problem areas in recommending as follows: "The Outer Continental Shelf Lands Act should be amended to give the Secretary of the Interior authority for utilizing flexible methods of competitive sale. Flexible methods of pricing should be en- couraged, rather than the present exclusive reliance on bonus bid- ding plus a fixed royalty. In addition, the timing and size of lease sales, both of which are presently irregular, should be regularized. Furthermore, while discretion to reject bids should remain with the Secretary, this authority should be qualified to require that he state his reasons for rejection."4° a VII DETERMINATION OF ENTRY The Outer Continental Shelf Lands Act authorizes the grant of leases to "qualified" persons but contains no restrictions as to cit- 138. 43 U.S.C. § § 1337(d)-(e) (1964). - 139. 30 c.F.R. § 250.12(e) (1969). See notes 101 and 133 supra. Some recognition of the "royalty load" problem is shown in the regulations regarding reduction of rental and royalty, which requires "agreements of the holders of the lease and of royalty holders to a permanent reduction of all other royalties. . . to an aggregate not in excess of one-half the government royalties." 30 C.F.R. § 250.12(1) (1969). 140. See text accompanying note 95, supra, et seq. 140a. One Third of The Nation's Land supra, note 17 at :t92, Recommendation 75. PAGENO="0385" 1703 October 1970] OUTER CONTINENTAL SHELFLANDSACT 801 izenship.' 4 1 The regulations, however, restrict the holding of leases to citizens or corporations of the United States or its states or ter- ritories.' 4 2 Further, the Act authorizes any person with the approval of the Secretary of the Interior to conduct geological or geophysical operations in the outer continental shelf and the regulations do not contain any restriction in this regard. There is, therefore, relatively open competition for outer continental shelf resources. Even though foreign nationals and corporations are not permitted to hold leases, they are free to use domestic corporations owned or controlled by them and have done so.'43 The purpose of efficient resource management appears to be served by the existing system, which assures the federal government of legal jurisdiction over its outer continental shelf lessees. This pur- pose is also served by the absence of any restriction on the. number of acres that any operator can hold under lease. The class of entrants is, therefore, determined by economic interest in the resource of- fered. In this regard the Outer Continental Shelf Lands Act is clearly superior to the Mineral Leasing Act of 1920 with its individual acreage restrictions.'" VIII MISCELLANEOUS PROBLEMS There are a number of areas which are not treated adequately from the standpoint of existing law. The majority can be covered through modification in the Outer Continental Shelf Lands Act or supplemental legislation, but some will require international action to be disposed of properly. It is noteworthy that the Public Land Law Review Commission did not deal directly with any of these subjects in the context of the outer continental shelf, although some, such as the boundary issue and the use of the outer con- tinental shelf for non-mineral purposes are of major importance to future developments and planning.'44 a A. Boundary and Jurisdictional Problems Both the federal government and the states have expressed a con- cern with changes in the state-federal boundary as a result of natural and artificial changes in the coastline. The magnitude of the problem is evident in the amount of governmental attention which is given it 141. 43 U.S.C. § 1337 (1964). 142. 43 C.F.R. § 3380.1(1964). 143. See 1 Nossaman OCS Study, supra, note 1, Tables 8.3, 8-6, 8-20. 144. 41 Stat. 437 (1920) as amended 30 u.s.c. § 184 (1964). See Krueger, supra, note 289, at 434. 144a. See 1 Nossaman OCS Study supra, note 1 at 629-638. 77-463 0 - 72 - pt. 3 - 25 PAGENO="0386" 1704 802 NA TURAL RESOURCES JOURNAL [Vol. 10 both at the federal and state levels, particularly in the courts. The creation of federal and state commissions empowered to establish permanent boundaries at fixed locations would be feasible.' ~ Additionally it would seem desirable to amend the Outer Con- tinental Shelf Lands Act so as to extend its application to territories and possessions' 46 and to make amendments in state civil and criminal laws applicable to the outer continental shelf.' `~` It would also be desirable, possibly even necessary, that an inter- nationally agreed limit be established for the continental shelves of coastal states and a fair regime established for the area beyond. Discussions to this end are now underway in the United Nations.' 48 B Real Property Uses-Offshore Islands The demand for additional real property that is so evident in urban coastal areas has spread to the continental shelf "9 On both the east and west coasts interest has been shown in the establishment of man-made island communities to serve the same purposes as natural ones harbors for the service and refuge of boats the main tenance of communication systems, recreational uses and housing and airdromes `~ ° A floating airport located some 35 miles at sea has been suggested as a supplement to J F Kennedy Airport in New York `~ The Port Authority of Le Havre recently completed plans to build an artificial island-harbor to be located 17 miles at sea which would put it well beyond French territorial waters 152 In highly urbanized coastal areas, such as Southern California and New York, it is foreseeable that there will be a need for federal legislation and possibly international agreement authorizing leasing for these non 145 See Krueger supra note 29 at 463 n 77 The Public Land Law Review Commis sion report One Third of The Nation s Land failed to deal with this important subject It was however the subject of a recommendation by the Manne Sciences Commission See Our Nation and The Sea supra, note 50 at 63. 146 See 1 Nossaman OCS Study supra note 1 § § 3 23 11 57 Statement of Martz supra note 93 at 27 147 1 Nossaman OCS Study supra note 1 § 11 58 For other miscellaneous problems under the Act, see Id. § § li.53, 11.55-11.56. 148 See Krueger supra note 29 at 444 48 Discussions on this subject are now under way in the United Nations First (Political) Committee. See Press Release CA/PS/1636, November 17, 1970. 149. Fortune, Sept. 1969 at i3i. 150. Developers have already made abortive attempts without the consent of the federal government to create artificial islands for these purposes and m some cases also for garn bling on the outer continental shelf off Florida and other parts of the United States. 151. Time Magazine, May 30, 1969 at 61. A similar airport is being considered for the Los Angeles area. Los Angeles Times, Jan. 26, 1969 (Long Beach Considering Airport in Sea). 152. British Inst. Int'l and Comp. Law, Board of Legal Developments (No. 4) at 29 (1969) PAGENO="0387" 1705 October 1970] OUTER CONTINENTAL SHELFLANDS ACT 803 mineral purposes. At the present time the Convention on the Con- tinental Shelf only authorizes the exploration and exploitation of "natural resources" ~ ~ and the Outer Continental Shelf Lands Act authorizes only the leasing of mineral resources.' ~" C. Geothermal and Fresh Water Resources Although the Convention on the Continental Shelf would clearly appear to invest coastal states with jurisdiction over geothermal and fresh water resources of the seabed as "natural resources," the Outer Continental Shelf Lands Act is applicable only to minerals which, as defined under the Act, would not appear to include either geo- thermal energy or fresh water.' ~ ~ There appears to be no present interest in exploration for geothermal energy sources on the outer continental shelf, but there has been considerable interest expressed in fresh water recovery.' ~ 6 D. Living Resources of the Seabed Sedentary animal resources of the seabed of the continental shelf, such as clams and some species of crabs, are a "natural resource" for purposes of the Convention on the Continental Shelf.' ~ The Outer Continental Shelf Lands Act does not provide for the appropriation of such resources, but their free appropriation by "a vessel of the United States" and vessels approved by the Secretary of the Treasury has been authorized.' 5 8 This authorization also extends to free- floating fish stocks within the twelve-mile fishing zone.' ~ ~ The fact that such living resources have a limited sustainable yield, would indicate that they could logically be allocated by means such as competitive bidding with a landing charge or royalty payable to the federal 60 An amendment of the Outer Continental 153. See Krueger, supra, note 29, at 477, n. 128. 154. See id. at 468, n. 96; 493. 155. See Opinion Letter from Asst. Sec. mt. Carver to B. C. McCabe, June 8, 1961; Interviews, Dept. mt., Mar. 20, 1968; Olpin, The Law of Geothermal.Resources, 14 Rocky Mt. Mi L. Inst. 123, 144 (1968); 1 Nossaman OCS Study, supra, note 1, § 11.62. The Public Land Law Review Commission report does recommend that Congress provide a policy of leasing geothermal resources. One Third of The Nation's Land supra, note 17 at 136. 156. 1 Nossaman OCS Study, supra, note 1, § § 11.62-11.63. 157. The Convention includes within the natural resources to which it refers: living organisms belonging to sedentary species. . . which, at the harvestable stage, either are immobile on or under the sea-bed or are unable to move except in constant physical contact with the sea-bed or the subsoil. Art. 2, para. 4. 158. 16 U.S.C. § 1081 (1964). 159. 16 U.S.C. § 1091 (1966). 160. See Our Nation and The Sea, supra, note 50 at 93. There is also merit to the proposition that fish stocks located in waters beyond limits of national jurisdiction be PAGENO="0388" 1706 804 NATURAL RESOURCES JOURNAL [VoL 10 Shelf Lands Act to this effect would be quite simple with due regard to the fact that the Bureau of Commercial Fisheries is an agency of the Department of the Interior. There are also vegetative resources of the seabed of the continental shelf, such as kelp, which are subject to the "sovereign rights" of the United States, but which would not appear to be authorized for lease and harvesting under the Outer Continental Shelf Lands Act. It would be. desirable to amend the Act to authorize the use of these resources. E. Salvage and Treasure Recovery The Outer Continental Shelf Lands Act deals only with "natural resources" and authorizes only mineral leases. It would, therefore, not appear to authorize the lease and recovery of treasure or other salvage located in or on the seabed of the outer continental shelf and neither the Department of the Interior nor any other federal agency has express authority over activities to recover such material. While the Convention on the Continental Shelf refers to "natural resources," it defines them to include "the mineral and other non- living resources of the seabed." 6 1 It would appear, therefore, that the Convention definition may include salvage and treasure trove. In any case, there is no doubt that the United States could assert juris- diction over them in the same fashion that it has done with respect to island projects on the continental shelf, particularly where their taking would affect natural resources.' 62 The recovery of offshore treasure and salvage is becoming quite scientific and profitable and it is desirable that the Outer Continental Shelf Lands Act be amended to authorize leasing for this purpose, as have the leasing laws of a number of coastal states with respect to offshore lands under their jurisdiction.' 63 The still limited number of firms interested in this activity would suggest that non-com- petitive as well as competitive lease allocation be authorized. allocated on predetermined bases Id at 105 Crutchfield The Convention on Fishing and the Living Resources of the High Seas 1 Natural Resources Law (No 2)114 122 (1968) 161 Art 2 para 4 162. See 1 Nossaman OCS Study, supra, note 1, § 11.63; Krueger, supra, note 29, at 468, n. 101 and at 478, n. 136. 163. Examples of state laws providing for offshore salvage permits are Cal. Pub. Res. Code § 6309 (West 1959) requiring salvage permit from the State Lands Commission as to ungranted tide and submerged lands of state, upon "reasonable fees"; N.C. Gen. Stats. § § 121-22 to 28 (1967) requiring salvage license from the Department of Archives and History, which may set a flat fee or a portion of recovery for the license; S.C. Code Ann. § § 54-321 to 328 (1968) requiring salvage license from the University of South Carolina Institute of Archaeology and Anthropology in case of shipwrecks or archaeological sites, with fee alternatives similar to North Carolina, but from the Budget and Control Board in all other cases. PAGENO="0389" 1707 October 1970] OUTER CONTINENTAL SHELFLANDS ACT 805 F. Filling, Dredging, Dumping The Outer Continental Shelf Lands Act appears to authorize the dredging or filling of outer continental shelf lands only for the limited purpose of creating or maintaining "artificial islands and fixed structures. . . for the purpose of exploring for, developing, removing, and transporting resources" and only then where approved by the Secretary of the Army as not constituting an obstruction to navigation.' 64 Any dredging not so authorized can be, and has been, enjoined by the United States.' 65 The sand and gravel resources of the outer continental shelf are large and valuable and they clearly would appear to be mineral re- sources subject to lease after competitive bidding under the Outer Continental Shelf Lands Act.' 66 It would, however, appear desirable to amend the Outer Continental Shelf Lands Act to permit a simplified non-competitive award of leases where the sand and gravel is to be produced in connection with dredging operations for another principal purpose and authorized by the U.S. Army Corps of Engi- neers. The outer continental shelf has in the past been used by various governmental agencies, federal, state and local, for the dumping of unwanted and frequently harmful materials, such as trash, sewage, chemicals, munitions and containerized poison gas, bio-chemical agents and atomic waste. This action appears to have taken place without the express authority of any federal agency and has not been coordinated with activities of the Department of the Interior. In at least one case dumpings of explosives by the United States Navy off San Diego conflicted with the mineral development of such areas under the Act.' 6 7 The Outer Continental Shelf Lands Act should be amended to establish the jurisdiction of a designated single federal agency or officer, such as the Secretary of the Interior or the Secretary of the Army,' 6 7 a over this type of activity and authorize him to grant or deny permits therefor depending upon the reasonableness of the impact of the proposed operation on other uses and the total environ- ment. The Act should also permit the designated agency or officer to require other federal agencies to identify all uses which have been 164. 43 U.S.C. § § 1333(a)(1) and U) (1964). 165. See United States v. Ray, 294 F. Supp. 532 (S.D. Fla. 1969). 166. See 2 Nossaman OCS Study, supra, note 1, App. 5-A at 5-A-63 to 66; Opinion Letter (B-68-2130. 3131) from Assoc. Solicitor to Sec. mt., Mar. 18, 1968. 167. See 1 Nossainan OCS Study, supra, note 1, § 4.59. 167a. The Secretary of the Army presently has permit authority over the outer con- tinental shelf "to prevent obstruction to navigation" under the Outer Continental Shelf Lands Act. 43 U.S.C. § 1333(1). See Krueger, supra, note 29 at 468. PAGENO="0390" 1708 806 NATURAL RESOURCES JOURNAL [VoL 10 made of the continental shelf and the locations thereof, to the extent consistent with security requirements, so that such uses may be co ordinated.' 68 In October, 1970 the Council on Environmental Quality reported to the President on ocean dumping and recommended "a strong national policy to stop or limit ocean dumping sub stantially "1 68 a In the report the Council noted that authority to control ocean dumping was currently dispersed among several agen- cies and recommended that they be consolidated in the newly formed Environmental Protection Agency, noting The Environmental Protection Agency will have the broad respon sibility as well as the necessary supporting programs to protect the marine environment To give it the power to regulate ocean dump ing, legislation is required."1 68 b It is noteworthy that both the legislation recently drafted by the Nixon Administration and by Senator Muskie to implement the Council's recommendations designate the Environmental Protection Agency as the permit authority for dumping in the oceans estuaries and the Great Lakes, although the Secretary of the Army (the U.S. Army Corps of Engineers) would be given permit responsibilities for dumping in other inland lakes and streams 168 The Public Land Law Review Commission also recommended that federal functions pertaining to the outer continental shelf should be consolidated within the [Federal] Government to the greatest pos- sible degree." 68 d At one time it appeared that the logical agency to receive federal responsibilities in the offshore was the Department of the Interior.' 6 8 e With the establishment of the Environmental Pro- tection Agency and the National Oceanographic and Atmospheric Agency within the Department of Commerce it would appear that 168 Past expenence would indicate that resource management can be expected to con tinue in this respect if the Department of Defense is made the sole judge of what its necessary "security" requirements are. See note 16 supra. 168a Council on Environmental Quality Report to the President Ocean Dumping-A National Policy 19 (1970) 168b Id at 33 The Council summarized the alternatives to ocean dumping as follows Interim alternatives exist to mitigate the environmental damage of ocean dumping. Land capacity can be expanded by use of rail haui, and strip mines and other lands can be reclaimed. In the long run, technological advances and new methods of recycling should help reduce pressures for ocean disposal. The major conclusion is that a program of phasing out all harmful forms of ocean dumping and prohibiting new sources is feasible without greatly increased costs. Id. at 29. 168c New York Times November 18 1970 (Ocean Dumping Bill By Muskie Appears to Outmaneuver Nixon) 168d One Third of the Nation s Land supra note 17 at 188 168e 1 Nossaman OCS Study supra note 1 § 12 11 PAGENO="0391" 1709 October 1970] OUTER CONTINENTAL SHELF LANDS ACT 807 this trend toward consolidation within the Department of the In- terior has been halted. It is noteworthy that the Convention on the Continental Shelf does not authorize dredging, filling or dumping except insofar as the same is reasonably related to the exploration for or development of natural resources and requires the coastal state in so doing to "under- take. . . all appropriate measures for the protection of living re- sources of the sea from harmful agents." 69 There is consequently no authority vested in the United States by the Convention to use the outer continental shelf for waste disposal or dumping purposes generally, although it would clearly appear to have the power to establish jurisdiction over and authorize this use.' 70 G. Marine Sanctuaries-Scientific Facilities The present broad reservation powers of the President under the Outer Continental Shelf Lands Act are sufficient to permit him or the Secretary of the Interior to establish marine sanctuaries in which mineral development is prohibited, as was done in establishing the Santa Barbara Ecological Preserve after the Union oil spill.' `~` To facilitate the establishment of this type of sanctuary, however, it would be desirable to amend the Outer Continental Shelf Lands Act to set forth the procedure and standards for making reservations. Preferably the reservation procedure would include provision for its initiation by the Secretary or any ihterested federal or state agency and for public hearings to determine the desirability thereof and the extent of interest in other uses.' 72 It would also be desirable for the Act to authorize specifically the Secretary to issue or deny permits for scientific facilities to be located on the outer continental shelf. At the present time, the Act authorizes only geophysical and geological exploration under permit from U.S.G.S., which is too narrow to encompass many of the sci- entific projects planned for the shelf by educational and scientific institutions and governmental agencies, such as underwater labora- tories and life support systems of a semi-permanent nature.' ~ Some 169. Art. 2, para. 1; Art. 5, para. 7. 170. The Truman Proclamation of 1945, 3 C.F.R. 67 (1943-48 Comp.), asserts that the United States regards the natural resources of the subsoil and seabed of the continental shelf as ~subject to its jurisdiction and controL" See Ocean Dumping, supra, note 168a at 34 et seq. 171. The Santa Barbara Ecological Preserve was established by Public Land Order of the Secretary of the Interior on March 3, 1969. 172. See Krueger, supra, note 29, at 469. 173. Descriptions of research programs of this nature may be found in Oceanology, International 1969 Year Book & Directory, (June 15, 1968) and 9 Undersea Technology (Aug. 1968). PAGENO="0392" 1710 808 NA TURAL RESOURCES JOURNAL [Vol 10 of the agencies maintaining such facilities, such as the United States Navy, apparently feel that no consent from the Department of the Interior or any other agency is necessary, but the permit procedure should be~ established to coordinate uses and avoid conflicts. It is noteworthy that under the Convention on the Continental Shelf the consent of the coastal nation is required "in respect of any research concerning the continental shelf and undertaken there "1 74 CONCLUSION The proper role of the United States as a resource owner in managing its outer continental shelf lands cannot be assessed independently of its role as trustee of these lands for the public and their overall environmental and resource potential. Any assessment must also take into account the responsibilities which the United States has assumed as a member of the international community, including its duty to assure access for scientific investigation, to preserve rights of navigation and fishery, and to prevent pollution The role of the United States with respect to the resources of the outer continental shelf is multi-faceted and should be identified only in the context of a particular area, a particular condition and a particular time. Determination of priorities made on this basis would probably vary. An oil or gas lease that may be appropriate for off- shore Louisiana may be inappropriate for the Santa Barbara Channel. With due regard to the present and predicted need for domestic mineral reserves, it would seem clear that the federal government should encourage the development of outer continental shelf mineral resources, if development can be undertaken without a significant adverse impact on other equally important values peculiar to the area of the shelf where the operation is to be conducted. The revenue producing capability of outer continental shelf lands has been given great, at times overriding, consideration in the past. It should not be ignored, but it is not worthy of equal wieght with other beneficial policy objectives. In the future the federal government should manage resources of the outer continental shelf so as to produce the maximum revenue, but only where this is entirely compatible with other policy objectives. In the development Of outer continental shelf mineral resources the federal government cannot assume a neutral or passive role if it is to fulfill its responsibilities to the public. The federal government has an affirmative duty to plan resource development in such manner as to best accomplish all national policy objectives. 174. Art. 5, para. 8. PAGENO="0393" 1711 October 1970] OUTER CONTINENTAL SHELF LANDS ACT 809 From the standpoint of mineral development the leasing system of the Outer Continental Shelf Lands Act is .a well devised one. It has encouraged the development of petroleum and sulphur in a viable and competitive way. From this standpoint it is a system subject to improvement, but without major structural defect. There would ap- pear to be a need for revision in present policy so that the federal government obtains geological and geophysical data both from existing lessees and potential bidders which it needs for decisions with respect to outer continental shelf leases and the issuance of them. It seems clear that a solution to the ambulatory boundary of the various states should be devised and that the outer limits of the continental shelf be fixed. There should be control over the interests *and encumbrances that holders of outer continental shelf leases are able to create which affect the period of economic development of them. It would also be desirable to solve or clarify the special prob- lems that have been noted affecting mineral development. Con- sidering all economic and legal factors in the aggregate, however, the system created by the Outer Continental Shelf Lands Act appears to be a superior one for the development of minerals. With respect to "other minerals" that are not now being developed question can be raised whether the existing system is at fault. It does not appear that this is the case. It appears rather that there are economic reasonS and concerns internal to the mining industry why the quite broad and flexible powers of the Secretary of the Interior are not being used for the development of other minerals. The system established by the Outer Continental Shelf Lands Act does not afford a subsidy or special incentive with respect to the development of any particular class of minerals, but it does afford an open means of competition for lease as to all of them. From the standpoint of other present and potential uses of the outer continental shelf, however, the Outer Continental Shelf Lands Act does contain several major structural defects. It does not authorize leases or permits other than for mineral purposes, notwith- standing a high degree of interest and social need for them. The Act provides no mechanism by which the various activities of agencies of the federal government in the outer continental shelf can be co- ordinated and regulated. Lastly, and most importantly, the Act provides no means for assessing potential use conflicts and deter- mining priorities among them or conditions which will ameliorate them. The new regulations providing for discretionary public hear- ings prior to leasing are a step forward, but they fall short of pro- viding a vehicle which would fully recognize and provide a means to implement national policy objectives encouraging non-mineral re- PAGENO="0394" 1712 810 NATURAL RESOURCES JOURNAL [Vol. 10 sources and uses of the outer continental shelf. A comprehensive revision of the Outer Continental Shelf Lands Act is in order. The outer continental shelf has enormous mineral resources and there should be little doubt of the need for the encouragement of their development. In the minds of the public and the legislatures, today there is such doubt. It seems clear to the point Of fore- seeability that unless the petroleum industry and interested agencies of the federal government are able to convince the public of this need and the industry's ability to operate in a manner compatible with the preservation of other uses and values, its use of proven and potential resources in areas off this country's shores will be severely curtailed. The petroleum industry needs to develop a sensitivity to public interests and attitudes in this area and accommodate its opera- tions to them. It is not, however, a lamentable situation. Unlike the past in which the world's seemingly inexhaustible natural resources were regarded as things to be used and discarded, man today is in many forums debating and studying the many facets of his environment and the ways in which to best live within it and develop its resources. As unfortunate as it has been in many respects, the Union oil spill focused national and international attention on the problem of pro- tecting the sometimes delicate ecological balances of the marine environment from the effects of mineral development It possibly served as a turning point for changmg the thinking in many parts of the country from "how can we use ito" to "how can we protect ito" From the long range standpoint this may prove to be a gain for all of Us Hopefully the interests and proposals which have arisen out of this event will ultimately move us toward a more intelligent use and development of our nation's coastal zone and continental shelf and their quite exhaustable resources. Hopefully, too, in the process we may provide a benign example of environmental leadership to the rest of the world PAGENO="0395" 1713 STATEMENT SUBMITTED BY PROFESSOR M. NEUSHUL, UNIVERSITY OF CALIFORNIA, SANTA BARBARA UNIVERSITY OF CALIFORNIA, SANTA BARBARA, DEPARTMENT OF BIOLOGICAL SCIENCES, Santa Barbara, Calif., April 7, 1972. Sen. HENRY M. JACKSON, Chairman, Committee on Interior and Insular Affairs, U.S. Senate, Washington, D.C. DEAR SENATOR JACKSON: Thank you for your letter of March 28th and the op- portunity to comment on "outer continental shelf" policies and management issues that you are now considering. In view of the fact that you will be meeting only a few days from now, I will make this letter a short one, and sent it immediately. As a marine biologist who has been involved in two oil spills on the Pacific Coast, I am not well qualified to comment on the economic issues that are raised in your Outer Continental Shelf Lands Act statement, but will consider environ- mental ones. However, it does seem clear `that this is one more example of ~vhere economic externalities or what have been called the "environmental costs" will not be considered, in the economic analysis of the situation. For example, recent harbor dredging in Santa Barbara has re-suspended oil from the 1969 spill. The oil has coated the beach. Is this oil now a public problem or can the cleanup costs be passed on to the original pollutor? The same question can be asked about the layer of oil now incorporated in the shallow sediment of the Santa B:arbara Chan- nel. Is this long-term environmental pollutant now a public problem, or is the oil company still responsible for it? Under the topic energy requirements and alternatives to oil, (1-2), considera- tion should be given to three items: (1) solar power, (2) geothermal power, and (3) the reduction of power consumption as a national policy. There are some very good economic arguments advanced by Walter Mead (see the Santa Barbara Oil Symposium) for using Imported oil instead of OCS oil. Under the environmental protection section (J-1) it seems clear that most damage is done by drilling, production, and transportation. In my studies of the Tampico Wreck (with W. J. North), there was a concentration of oil released from the tanker in a small bay causing mass mortality of selected marine or- ganisms. The effect of this was `still discernible ten years later. In the case of the Santa Barbara spill, there was less subtidal mortality `but the man-made seep continues to release oil, and `long term effects are not being studies, although the oil remains on the bottom and it is likely that components from the oil are mov- ing through the food chain. Follow-up action (section J-4) is lacking. In the case of the Tampico Wreck, we used State funds, and in the case of the Santa Barbara Oil Spill the initial studies were funded both by government and the Western Oil and Gas Associa- tion. But these first studies are now over, the oil is still present in the channel, and no one to my knowledge is studying its effects on the local fishery and nat- ural food chains. As far as plans for action after an oil spill occurs, there has been discussion of emergency oil-spill teams, and some discussion of measuring techniques. There have been vague discussions by commercial firms in the area who were responding to a request for bids sent out by `the Water Quality Control Administration. However, these have not involved any of the local biologists in any definite plans. It was suggested in the post-mortem from the Torrey Canyon problem spill, that much effort, time and mis-used detergent could have been saved if the existing university marine research institutes could have been organized into some sort of emergency response effort. Even during the Santa Barbara Spill, the sentiment was expressed that "let's not get the eggheads and all their statistics mixed up in this." In summary, it would seem that the best way to solve the pollution problem is to stop it in the first place. Efforts after the pollution has taken place will provide a history of a regrettable incident that may or may not be useful in the future. As far as the total social costs of an oil spill are concerned, they are docu- mented in the Santa Barbara Oil Symposium, a paper again by Walter Mead. By way of comparison it is clear that the amount of money spent on the "cos- metic" activity of steam cleaning the Santa Barbara beaches was far in excess of the amount of money ever spent on ecological studies of these intertidal regions. Under section K-2, where oil sanctuaries are considered-it seems most rea- sonable to establish sanctuaries and then determine use on a case-by-case dis- PAGENO="0396" 1714 cusslon where they might be developed. Under section K-5 it seems that foreign oil could serve as an alternative source. -~ There seems to have been little thopght given to the diverse aspects of environ- mental pollution resulting from offshore oil activity. There is solid waste pollu- tion, with pipelines, deep water platforms, loading piers, and on-shore facilities. The old Elwood Oil Field in Santa Barbara County is still clearly visible from the air, with old iron pier posts still protruding from the beach. The State is now in the process of cleaning up oil-production solid waste elsewhere in the county at public expense. Air pollution is not considered. In the Santa Barbara area, sour (high sulfur) gas is produced and is either released directly into the air-or burned. Both activities release sulfur compounds into the air, causing air pollution. Oil field brines are released into the ocean, as are drilling muds. I am sorry that I have not been able to give your thoughtful and extensive document all the attention it deserves. I have enclosed two recently published papers on the Santa Barbara Oil Spill in which the initial environmental effects are considered. Unfortunately, we have not been able to continue these studies. Other useful reviews that clearly point out environmental problems inherent in oil activity are the 1967 Battelle report, the Alaska Oil Impact Statement Volume 4, and the Santa Barbara Oil Symposium volume. This latter is now in press. I will `arrange to have a copy sent to you as soon as it is out (it is presently in the hands of the U.S. Government Printing Office). I hope that these comments will be of some use to you. Sincerely, M. NEUSHUL, Associate Professor of Botany. PAGENO="0397" 1715 THE SANTA BARBARA. OIL SPILL PART 1: INITIAL QUANTITIES AND DISTRIBUTION OF POLLUTANT CRUDE OIL M. FOSTER, A. C. CHARTERS & M. NEUSHUL Department of Biological Sciences, University of California at Santa Barbara, California 93106, USA ABSTRACT The quantity of oil which came ashore during the early stages of the Santa Barbara oil spill has been estimated from intertidal oil samples and aerial photographs. These methods indicate that 4500 metric tons of crude oil were deposited on nearly 90 km of coast by 8 February 1969, 11 days after the spill began. Dosages in the intertidal zone varied from 2~7 to 1 l8~l metric tons/km. These dosage estimates suggest that the flow rate at the well was around 5000 barrels (726 metric tons)/day during the early stages of the spill. A large quantity of oil was held for varying periods of time in the surface canopies of offshore kelp beds. The interaction of wind, wave action, tides, and substrate determined the pattern of oil distribution within the intertidal zone. INTRODUCTION Pollution of the California coast has been a threat of increasing severity for the last 40 years. In response to this threat, the late E. Yale Dawson carried out surveys of the flora of the intertidal region at a series of sites along the coast from Govern- ment Point, Santa Barbara County, to Bird Rock, La Jolla, San Diego County (Dawson, 1959). The original surveys were made in 1956 and 1957. Some of these were resurveyed by phycology students at the University of California at Santa Barbara in 1966 and 1967. These studies provide a standard of reference against which change in the biota of the intertidal can be measured, and a basis for evaluat- ing the effects of marine pollution of various sorts. On 28 January 1969 threat became reality for the coast near Santa Barbara. Drilling operations on ocean platform `A' of the Union Oil Company (Fig. 1) resulted in an uncontrolled flow of oil from a deep reservoir through fissures in oil-bearing sands to the sea floor. Winds and currents began driving the oil ashore 97 Environ. Follut. (2) (1971) PP. 97-1 13-© Elsevier Publishing Company Ltd, England-Printed in Great Britain PAGENO="0398" The work discussed in this paper centred on the reactivation of the Dawson intertidal surveys. Two questions were considered: (1) What was the oil dosage in the intertidal at the survey sites9 (2) What were the effects of the dosage on the biota? This paper reports measurements of the dosage. The biological effects are reported by Foster et a! (See Part 2) CHRONOLOGY Natural seeps of crude oil from submerged strata have long been a familiar feature of the ocean off the California coast Early records from the voyages of Captain George Vancouver in 1792-94 document the appearance of an oil slick in the Santa Barbara Channel In recent times increased public use of beaches has stimulated studies of this source of oil pollution The concentration of natural seepage oil on beaches in the Santa Barbara area was measured by Mertz (1959) 1716 98 M FOSTER, A C CHARTERS, M NEUSHUL in the vicinity of Santa Barbara three days after the spill began. Some 61 km of coastline had been oiled by the fourth day and eventually over 161 km of coast including the Channel Islands, were affected (see map, Fig 1) An oil pollution problem of major proportion was clearly at hand The reaction to the oil spill was immediate and vigorous Action was taken to stop the flow of oil, clean up the beaches, and survey the damage. Gaviota El Capiton State Beach A /.Coal Oil Point B - i Barbara Point D ilyptus Lane E - )fl Point F Carpinteria Reef G rHOb$Ofl Beach H Palm Street, Ventura Oil contaminated area~ on Feb 5, 1969 San Miguel Santa Rosa Leo Carrillo State Beach J 20Km Fig. 1. Map of Santa Barbara area showing location of intertidal transects (El Capitan State Beach, Station A, through Leo Carrillo State Beach, Station J), offshore drilling platform A, and extent of oil contamination on 5 February 1969, as measured by Allen (1969). PAGENO="0399" 1717 THE SANTA BARBARA OIL SPILL, PART 1 99 The highest recorded concentration is 1 kg/rn2 for Coal Oil Point measured on 12 June 1958; the average for the year 1958 at Coal Oil Point being 02 kg/rn2. The location of natural oil seeps can often be seen from the air. The new, man-made, oil seep at Santa Barbara created a slick which was readily visible in aerial photographs. Aerial photographs of the slick were measured as a basis for determining the area covered by the spill, the thickness of the oil being determined from its colour (Allen, 1969). Previous studies by Blokker (1964), combined with colour-thickness relationships established by the American Petro- leum Institute, support the assumption that oil appearing dark blue-black on the surface of the sea is in the order of 0~025 mm in thickness or greater. Thus, the area of a black oil slick multiplied by 0~025 mm gives a conservative estimate of its volume. Measurements of the increase in volume of the growing slick would thus give a day-by-day rate of flow. In this way, Allen (1969) estimated that the average daily flow rate during the initial massive spill was in the order of 5000 barrels (726 metric tons)/day. The limit of the slick created by this oil on the eighth day, according to Allen, is shown on the map in Fig. 1. The oil flowed at 5000 barrels/day for the 10-i days from 28 January to 7 February 1969. The flow was then reduced temporarily. By this time, well over 50,000 barrels (7260 metric tons) of crude oil had flowed into the Channel waters. After four days, the leak resumed at a reduced rate. Allen & Schlueter (1969) estimated the flow to be 10 barrels (1.45 metric tons)/day in October 1969. Oil continues to leak from the area at this date. Allen estimates that a minimum of 78,000 barrels (11,290 metric tons) of oil flowed into the Channel during the first one hundred days of the spill. The maximum figure could be greater by an order of magnitude since 0~25 mm thicknesses are common in oil spills, and parts of the Santa Barbara slick were probably thicker, especially near the platform. Hence, the actual figure probably lies between 78,000 and 780,000 barrels (11,290 and 112,900 metric tons). Measurements of intertidal oil dosage in this study were made on 8, 9, 10, and 13 February. Since the leak was temporarily halted on 7 February, only part of the oil from the first massive outflow had reached the coast and was included in our measurements. The subsequent stranding of additional floating oil and the flow of new oil after 13 February has produced a complex dosage pattern. This paper deals only with the initial oil pollution amounts and distribution. MATERIALS AND METHODS Eight of Dawson's 1956-57 intertidal transect sites and one additional site were selected for sampling (Fig. 1). A tenth sampling site, Station J on Fig. 1, was not oiled during the period of this survey and is therefore not included in any other figures or tables. The oil ashore as of 13 February was still within the confines of the most northern and most southern of the stations. PAGENO="0400" 1718 100 M FOSTER, A C CHARTERS, M NEUSHUL A rapid sampling method using readily available and inexpensive materials was employed at each station A measuring tape was attached at the high tide level near a convenient landmark and extended along the transect line to the water s edge Five equidistant points were marked on the line and the substrate beneath each point was sampled for oil Sampling was done by pushing the open end of a one pound coffee can (8 1 x iø-~ m2) which had a small hole in the bottom, into the sand By putting one s finger over the hole to maintain a partial vacuum a core of wet sand and oil was extracted When the sample point fell on a rocky substrate or dry sand, the oil if present was scraped from an area corresponding to the area of the sampling can opening Samples were removed from the cans placed in aluminium foil, labelled, sealed, and stored at 2 C prior to analysis Sampling cans that became fouled with oil were discarded and replaced with new ones for subsequent sampling. This sampling method yielded cores of oil and sand ranging from 5 to 15 cm deep In most cases, the oil formed a surface layer and did not penetrate deeply into the sand Oil in the core samples was separated from the sand by dissolving it in ether Following the evaporation of the solvent the oil was weighed Analysis of oil in the core samples was carried out by the Federal Water Pollution Control Laboratories, Alameda, California Sand movements along local beaches covered oily layers with a metre or more of sand in certain areas This covering phenomenon had not occurred at our stations at the time of sampling The sand at these stations generally formed only a thin layer over a primarily rock substrate. In addition to the core method, black and white aerial photographs of areas arounc[ Santa Barbara Point (Station D) and Eucalyptus Lane (Station E) were used to derive a partially independent estimate of intertidal oil dosage Oil on the water surface in the offshore kelp beds, and on the intertidal zone could be identi fled from these photographs The appearance of intertidal surfaces was designated as being black (heavy oil) grey (moderate to light oil) or clean The area of each of these three surface types was measured directly from the aerial photographs with a polar planimeter Areas of black and grey coverage thus obtained were converted to dosage of oil with the aid of the core sampling data from the two stations The average of the highest two core values for each station was considered as representative of oil amounts in black areas. An average of the two lowest core values was considered as representative of the amount of oil in grey areas Calculations of the potential amount of oil which could have come ashore by 8 February were made using Allen s estimates of the total flow from the platform To use this method one has to assume that the oil spread in a uniform circular pattern from the spill site A sector of this circular pattern constructed by drawing lines from the platform to El Capitan and to Port Hueneme is assumed to have come ashore The dosage ashore on 8 February can then be estimated by multiplying the total flow over the eleven days from 28 January to 8 February by the ratio of the number of degrees in the sector divided by 360°. This `sector' estimate does PAGENO="0401" 1719 THE SANTA BARBARA OIL SPILL, PART 1 101 not take into account currents, winds; or the amounts of oil held by the kelp. However, it is useful in making comparisons with the estimates derived by the core and aerial photographic methods. RESULTS Oil and gas flowed at high pressure from fissures in the sea floor at the site of the leak and formed a spectacular `boiling' pool of oil on the surface. From there the oil spread in an irregular pattern of streaks and patches, changing with time and shaped by wind, tides, and currents. Experience with the Torrey Canyon disaster ~ H 2QKm LEGEND Dosage in metric tons/kilometer : Very light oil (less than 3) Light 011(3-30) Moderate oil (30-70) Heavy oil(70-l00) Very heavy oil (greater than 100) 0 Section letter from table ]JJ K Kelp Fig. 2. Distribution of oil dosage along the Santa Barbara coast indicated that the course of the oil could be predicted `after the event' by assuming that the oil moved relative to the water with a velocity vector about 3~3 to 3.4% of the relative wind vector (Smith, 1968). However, a recent report (Anon., 1969) indicates that during the Santa Barbara spill the oil moved with a velocity vector from 10-20% of the relative wind vector. The Davidson Current moves up the southern California coast in the winter (from Los Angeles toward San Francisco). Campus I San Miguel Santa Cruz Santa Rosa Anacapa 77-463 0 - 72 - pt. 3 - 26 PAGENO="0402" 1720 102 M. FOSTER, A. C. CHARTERS, M. NEUSHUL This weak current by itself might have brought at least part of the oil from Platform A to Santa Barbara and the coast to the west (see Fig. 1). Counteracting this, the prevailing .winds usually blow from the northwest. Ordinarily, the movement of the oil due to wind action would more than offset that due to the current. Unfortunately for Santa Barbara, at the time the oil began gushing from ~the ocean floor, two severe storms came into the area, one immediately after the other, accompanied by gale winds from the southeast. These strong winds pushed much of the oil from the initial spill onto the Santa Barbara coast. The limits to which the oil slick had spread by 5 February are shown in Fig. 1. Fig. 3. Aerial photograph taken over Station E on 14 February 1969. A. Oil streaming from offshore kelp bed; B. black area of heavy oil on intertidal; C. Intertidal transect, Station E. Scale in metres. (Photograph taken by Mark Hurd, Aerial Surveys, Inc., Goleta, California.) PAGENO="0403" 1721 THE SANTA BARBARA OIL SPILL, PART 1 103 As the oil slick moved toward the beach, its course was obstructed in many places by the dense floating canopy of giant kelp, Macrocystis angustifolia (Figs. 2 and 3).,The surface foliage in the canopy became heavily coated with oil. Signifi- cant quantities of oil were retained by the kelp canopy. However, the kelp is cover9d with water and a thin layer of mucilage and the oil did not adhere to its surface (Foster, et a!., Part 2). The beds thus acted as a reservoir which only tempo- rarily impeded the passage of the oil. Later, depending on wind and tide, the trapped oil was released from the kelp and moved onto the coast or out to sea. From the air, the oil could be seen to stream from the kelp canopy onto the beach (Fig. 3). Kelp harvesting firms reported that on 6 February the kelp beds from Coal Oil Point to Carpinteria, covering an area of over 33 sq km, were blackened by oil (Kelco Co., personal communication). However, detailed measurements of the Fig. 4. Distribution of oil at ebb tide on Arroyo 1~prro Beach (part of coastal section D, Fig. 2), 6 February 1969. PAGENO="0404" 1722 104 M. FOSTER, A. C. CHARTERS, M. NEUSHUL exact amount of oil in the beds at any one time could not be made from black and white aerial photographs since both plants in unoiled pre-pollution photographs and those in oiled beds appear black. Also, the complex mosaic of oil thicknesses seen in and around the beds made thickness calculations impossible in our survey. Fig. 5. Distribution of oil on rocky intertidal in the vicinity of Station F, 4 March 1969. The oil comes onto the coast with the tide, and each successive wave brings the oil higher and higher on the intertidal zone. At flood tide, the spray and surge coat the upper intertidal zone. As the tide ebbs an irregular coating of oil is left as a patchy covering over the entire intertidal zone (Figs. 4 & 5). Coastal areas polluted as shown in Figs. 4 and 5 remain this way only so long as the oil continues to flow in from the sea. The oil sticks to dry, rough surfaces, and adheres weakly to wet surfaces. With water coming in on successive tides, the oil coating floats off wet surfaces and is redeposited in the high littoral zone, on cliffs, and on the upper parts of rocks exposed long enough to dry between tides. PAGENO="0405" 1723 THE SANTA BARBARA OIL SPILL, PART 1 105 A typical beach on which the oil has been redeposited in this manner is shown in Fig. 6. The oil here is heavy enough in places to form pools. Warming by the sun causes the oil to flow from the pools to the beach below (Fig. 7). The basic measurements of oil pollution using the core method are presented in Tables 1 and 2. They give the amount and distribution of the oil on the beach at the Dawson survey stations. All stations were surveyed on 8 February, and certain selected stations were further surveyed on 9, 10, 12, and 13 February. The dosage on Saturday 8 February is listed in Table 1. On this eleventh day of the spill, the oil had been flowing onto the beaches from four to seven days and was continuing to flow on this data. The entries in the table are the `raw data' i.e., the measurements of oil in the core samples-modified only by dividing the weight Fig. 6. Qil redeposited in the high intertidal at Arroyo Burro Beach. PAGENO="0406" 1724 106 M. FOSTER, A. C. CHARTERS, M. NEUSHUL of oil in each sample by the area of the coffee can (8~l x iO-~ m2) to give the concentration in kg/rn2. The data in each row give the measurements at each survey station with individual measurements at the five core positions being listed in order from the cliff to the sea, with the average being listed at the right. Remarks on the state of the beach at the time of the survey are also included. Fig. 7. Oil running down from high intertidal pool of oil and debris. The dosages on successive days for certain of the survey stations are listed in Table 2. The core sample data have been treated and are presented in the same way in both tables. The highest concentration measured was 10~59 kg/rn2 at the high intertidal position at Santa Barbara Point on 8 February. The highest average over the survey line was 5~6 kg/rn2 for the same station. The average on 8 February for the four PAGENO="0407" 1725 107 0 ~ cl~ 0 3 THE SANTA BARBARA OIL SPILL, PART 1 0 0 0 I F J I `r) 66 00 oó o6 0 00 66 *0 ~ q ei N ~1 9II~0 0'n 0 ~o6~ ~O 0 ~ 00 V~ - N N NO e4 -0 ~ -óómóóN N - ~ NO ~ 000 ~ 0o0~~0c'~ ~ NO `#-~ ~ O ~ 00 ~f) C~4 PAGENO="0408" 0 0O Position High intertidal-Ocean _______________________________ `TI C I -~ ______- -________________________ 505 F94 7~36 3~83 - 4~55 Debris stuck together by heavy oil cover. Old tar on rocks beneath new oil. 025 0~02 010 0~23 0~05 013 Thin layer of sand covering oily layer beneath. Rocks and sand ~ in high intertidal 50% covered. 4~O8 0~05 011 251 - 169 No comments. 062 O~35 0~04 O~59 0~23 037 More oil at water's edge than on 8/2. High tide area coverage as on 8/2. 0~83 0~47 0~23 0~04 0~04 0~32 80% coverage of thin oil up to 2 mm thick. Water brown with ru some floating oil patches. 0~59 0~04 0~02 0~02 0~01 014 Blobs of oil gone and sand covered with thin oily film. Beach cleaned naturally. No oil visible in core samples. Some oil still on high rocks. z 10/2/69 D 528 006 0~07 0~02 - F36 Much oil removed since 8~2; workmen raking and bulldozing ~ oil-hay mixture. Gooey layer under hay still present. 13/2/69 F - 0~52 250 0~49 - 117 High rocks very oily; low rocks only have small spots of oil. Straw and oil soaked debris on and between rocks. 13/2/69 1* 0~27 0~01 0~04 0~01 0~86 0~24 No comments. * Two samples taken at each position 15~2 m apart. Derived numbers represent the average of the two samples. Date Station 10/2/69 C 9/2/69 D 9/24/69 9/2/69 F G 12/2/69 H 10/2/69 I 3 4 5 Av Remarks TABLE 2 OIL MEASURED FROM CORE SAMPLES TAKEN AFTER 8 FEBRUARY 1969 OIL DOSAGE (KG/M2) C-a. PAGENO="0409" 1727 THE SANTA BARBARA OIL SPILL, PART 1 109 adjacent stations in the Santa Barbara area, stretching from Campus Point to Loon Point, was 3'4 kg/rn2 (Stations C, D, E, and F; Fig. 1). We have estimated the total oil ashore on 8 February from the oil sample measurements. The calculations were made as follows: we divided the length of the coast up into sections, as shown in Fig. 2. Each section contained one of the Dawson survey stations: it stretched from midway between the Dawson station to the west, to midway to the Dawson station tp the east. We assume that the average oil dosage for the entire area of a particular section equals the average at the Dawson station contained in the section. We also assume that the average width of the beach is the same as that at the Dawson station at the time of the sampling, and for some stations we have added the height of the oil splashed up on the cliff to the width of the beach. The total weight of oil on a section of the beach, T, is given by T = (clw) x 10 ~, metric tons, and the concentration of oil per unit length of the coastline, t, by t = (T/l) x 10 ~, metric tons/km where c = concentration, kg/rn2, from Table 1; 1 = length of beach, metres; w = width of beach, metres. T, t, c, 1, and w are listed in Table 3. In Fig. 2, t, for each section is indicated by across-hatched pattern in which the range of concentrations is indicated by the type of cross- hatching; t is given section by section along a chart of the coast. In Fig. 8, t is plotted as a bar graph with t as ordinate and the station letters along the abscissa~ The total weight of oil ashore on 8 February from El Capitan to Port Hueneme is given in Table 3. We estimate that the total amount was 4508 metric tons. From planimetric analysis of aerial photographs a dosage figure of 76 metric tons/km was obtained for Section D, and 59 metric tons/km for Section E. This can be compared with core method estimates of 118 and 63 metric tons/km, respectively (Table 3 and Fig. 8). The planimetrically determined dosage for Section 0 is based on the average area of grey and black regions of the shore around Station 0 on 7 and 10 February. The averages of high and low core measurements for 8, 9, and 10 February were used to estimate the weight of oil stranded on Section 0. Dosage on Section E was obtained by averaging black and grey areas from photographs taken over Station E on 5 and 14 February (Fig. 3 is part of the photograph taken on 14 February), and combining this information with the core data taken on 8 February. Section dosages in. our survey can be compared with dosages estimated for certain areas of polluted coast during the Torrey Canyon wreck. Smith (1968) gives estimates of crude oil dosages along the French and Cormsh coasts. Assuming these estimates are long tons, and converting them to metric tons/km, then the dosage on the former coast was about 169 metric tons/km and the latter approxi- mately 60 metric tons/km. Our estimates give dosages of from 2~7 to 118*1 metric tons/km for various sections of the California coast. Using the flow rate estimates of Allen (1969) along with the uniform spread assumptions discussed previously, the amount of oil which could have come ashore PAGENO="0410" 1728 110 M. FOSTER, A. C. CHARTERS, M. NEUSHUL ~ !1I~IIII C,) ~ N~000C.~1~f) ~ ~ ~b~no ~ E ~ o ~ 0 ~ ~~ro\ ~ - ~ c~ ~ - C,) 0~ ~) *(~) ~ ~ z ° ~ 2~S~2~2 ~ o 0 ~n 00000 ~O ~n ~ ~ 0000000 C~ o ~ ~ ~ C.) ¼0 C~) 00 N N ~ ` `fl ~ ~ - ~ 00 ~ - - ~ ~ - c~i ~ C,) ~ ~ .~ b~ -` ~ C~ `fl 00 ~ I1~ Cfl 00 ~0 If) C~ I ~1~: - ~ ~ - ~ ~ - - - 00 z 000~fl0~400C~I ~ .~9 o ~ 00~f)00000000'f) 0000 ~ ~ ~ ~0V1)t~ ~ ~ Q~L,(~X o ~ o ~ .b~ QI~~ ~ 0o0~ PAGENO="0411" 1729 THE SANTA BARBARA OIL SPILL, PART.! 111 in the 1900 sector, defined by lines from Platform A to El Capitan and Port Hueneme, was calculated. If the flow rate was the lower estimate of 5000 barrels (726 metric tons)/day, then in the eleven days from 28 January to 7 February a total of 7986 metric tons would have been released. If that portion of the oil released into the above sector was ashore by 8 February, the amount on shore would have been 4218 metric tons, or 48 metric tons/km from El Capitan to Port $20 -------------------ALLEN MAX. $00 -J 80 0 I- U a: F- 60 Iii - - - -COREAVE. --ALLEN MIN. 2 20 I- U --i-_I - - - . - - - -i-- - -500 BARRELS/ DAY A 8 C ~ EAP F G H SECTION LETTERS AP~DOSAGE FROM AERIAL PHOTOS Fig. 8. Section dosages on 8 February 1969, computed from core sample data, and comparison with other estimates (see text for Allen's flow rates). Hueneme. Using Allen's high estimate of the initial flow (12,000 barrels or' 1740 metric tons/day), the amount of oil on shore on 8 February would have been 115 metric tons/km. These values are shown graphically in Fig. 8. Allen added 25% for evaporation in his high estimate. We have not included the addition in our calculations as most volatiles are lost before the oil reaches the coast. Union Oil Company (in Sa~~a Barbara News ,Press, 30 January 1969), `know- ledgeable engineers' (Editor's note in Jones Ct al., 1969),. and the United States Geological Survey (McCullob, 1969) estimatecUhe flow in this early phase of the spill to be 500 barrels (72.6 metric tons)/day. Using the sector method described above, the amount of oil on shore on 8, February from this rate of flow would have been 47 metric tons/km. This is also shown in Fig. 8. PAGENO="0412" 1730 112 M. FOSTER, A. C. CHARTERS, M. NEUSHUL DISCUSSION The simple core method used in this study provides a crude estimate of the amounts of oil on the intertidal zone, as do planimetric measurements from aerial photo- graphs. More and larger cores would have given more reliable estimates. Also, the relationship between cores and aerial photometry could be more precisely established if cores were available in quantity from photographed beaches at the time the photographs were taken. However, the fact that the amounts of oil on the shore, as determined from our two sampling methods, agree to a certain extent with each other and with the sector estimates using Allen's data suggests~that the problem of determining oil dosages on the shore is not insurmountable. Aerial photographs clearly show the cover of oil within kelp beds. The amount of oil held in the 33 sq km of kelp offshore from the stations studied increases, the total dose for the area, since much of this eventually was stranded and in a sense constitutes a part of the initial dose figure. The distribution of the initial oil dose in space and time suggests that its effect on the marine biota will not be uniform. Stations differed greatly in the amount of pollution received. Moreover, organisms in the lower or middle intertidal regions were intermittently covered with oil that in most cases was washed away within a relatively short time (Foster et al., Part 2). In contrast high tide regions and particularly rock surfaces that dry during intertidal periods, were heavily covered and the cover was not rapidly removed by natural means. ACKNOWLEDGMENTS This study was supported by the Federal Water Pollution Control Administration, Grant ~14-12-516 and in part by NSF GB 5952 and GH 43. The authors wish to acknowledge the generous assistance of A. Dahl, K. Jenson, R. McDonald, and R. Zingmark. In particular, we are indebted to D. C. Barilotti for suggesting the `coffee can' core method. We are also indebted to A. Allen of General Research Corporation, Santa Barbara, for making his data available to us prior to its publication. REFERENCES ALLEN, A. A. (1969). Santa Barbara oil spill. In Hearings before the Sub-committee on Minerals, Materials and Fuels of the Committee on Interior and Insular Affairs. United States Senate, 91st Congress, 19-20 May 1969, 146-53. Washington, US Govt Printing Office. ALLEN, A. A. & SCHLUETER, R. S. (1969). Estimates of surface pollution resulting from submarine oil seeps at Platform A and Coal Oil Point. General Research Corporation, Santa Barbara, Technical Memorandum 1230. ANON. (1969). Review of Santa Barbara Channel oil pollution incident. USD1 Fed. Wat. Pollut. Control Admin. Water Pollution Control Research Series, Dast 20. PAGENO="0413" 1731 THE SANTA BARBARA OIL SPILL, PART 1 113 BLOKKER, P. C. (1964). Spreading and evaporation of petroleum products on water. Proc. 4th mt. Harbour Conf, Antwerp, Belgium, 911-9. DAWSON, F. Y. (1959). A primary report on the benthic marine flora of Southern California. In Oceanographic survey of the Continental Shelf area of Southern California. Calif. St. Wat. Pollut. Control Bd, Sacramento, Pub!. No. 20, 169-264. FOSTER, M., NEUSHUL, M. & ZINOMARK, R. (1971). The Santa Barbara oil spill. 2. Initial effects on intertidal and kelp bed organisms. Environ. Pollut., 2, 115-134. JONES, L. G., MITCHELL, C. T., ANDERSON, E. K. & NORTH, W. J. (1969). Just how serious was the Santa Barbara oil spill? Ocean Industry, 4, 53-6. MCCULLOH, T. (1969). Geological characteristics of the Dos Cuadras offshore oil field. In Geology, petroleum development, and seismicity of the Santa Barbara channel region, California. Prof. Pap. US geol. Surv., 679, 29-46. MERTZ, R. C. (1959). Determination of the quantity of oily substances on beaches and in nearshore waters. Calif. St. Wat. Pollut. Control Bd, Sacramento, PubI. No. 21, 45 pp. SMITH, E. J. (Ed.) (1968). `Torrey Canyon' pollution and marine life. Cambridge, Cambridge University Press, 197 pp. PAGENO="0414" 1732 THE SANTA BARBARA OIL SPILL PART 2 INITIAL EFFECTS ON INTERTIDAL AND KELP BED ORGANISMS M FOSTER M NEUSHUL & R ZINGMARK* Department of Biological Sciences, University of California at Santa Barbara, California 93106, USA ABSTRACT The initial effects of the Santa Barbara oil spill on intertidal and kelp bed organisms were studied Based on earlier surveys the greatest negative biological change at a sample station after the spill was the loss of 16 plant species However losses in species were correlated in most cases with sand movement, and may have been related to the severe storms which occurred before and during the oil spill. Although gross species changes were not correlated with oil dosage, severe damage occurred in intertidal surf grass and barnacle populations as a result of the oil pollution. Potential long term biological effects of the continuing pollution are discussed INTRODUCTION The massive flow of oil from an offshore drilling accident that occurred near Santa Barbara California on 28 January 1969 produced a situation that differs sub stantially from previously studied oil-pollution incidents. Crude oil has continued to flow from the sea floor even though the initial massive out pouring has been stopped As soon as it became evident that the oil flow was likely to continue efforts were made to determine the amount and distribution of oil in the intertidal zone (Foster et a! Part 1) The effects of this pollution on the living marine resources of the Santa Barbara area inimediately became a subject of great concern This study is an appraisal of the short term biological effects of the initial oil dose In anticipation of increased domestic and industrial pollution along the southern California coast, the late E. Y. Dawson (1959) made careful, systematic observa- tions and collections of the marine flora at intertidal locations from the Santa * Present address Dept of Botany University of North Carolina Columbia North Carolina ___________ 115 Environ Follut (2) (1971) pp i i5-134-© Eisevier Publishing Company Ltd England-Printed in Great Britain PAGENO="0415" 1733 116 M. FOSTER, M. NEUSHUL, R. ZINOMARK Barbara area to San Diego. His descriptions, herbarium specimens, and photo- graphs were made available by the Hancock Foundation of the University of Southern California and used in the present study. Some of these intertidal stations were also the subjects of University of California at Santa Barbara (UCSB) phycology class projects in the autumn and winter of 1966 and 1967. These intertidal studies provided a baseline for comparisons after the recent oil spill. Information of a more general nature on the flora and fauna of the coast was also available (Rickètts & Calvin, 1962; Light, 1961). During the course of this study, additional information was obtained from persons involved in marine biological studies at the UCSB Marine Laboratory and at neighbouring colleges and research facilities. The sizes and condition of the kelp beds along the coast are of concern to the kelp harvesting and processing industry, whose representatives also provided valuable observations. The increasing frequency of major oil pollution incidents has led to a growing literature on the effects of oil and oil derivatives on marine organisms. North et al. (1964) made an extensive, long-term survey of community changes resulting from the Tampico Maru wreck which released 8000 metric tons of diesel fuel into a small marine cove. Numerous authors have reported on the effects of the Torrey Canyon spill, including surveys of the damage caused by the widespread use of detergents during clean-up operations (O'Sullivan & Richardson, 1967; Bellamy et a!., 1967; Smith, 1968; Carthy & Arthur, 1968). Blumer et al. (1970) have made a study of shellfish pollution resulting from a spill of No. 2 fuel oil near Woods Hole. The fuel oil produced a drastic kill of marine organisms in the area. Since the quantity of oil on shore during the early stages of the Santa Barbara spill was comparable to that during the Torrey Canyon incident (Foster et al., Part 1), we anticipated heavy damage. The collection of readily available information about the local. marine biota led us to attempt a direct before and after comparison of marine life and to relate this to the amount and distribution of the initial large dose of pollutant crude oil. MATERIALS AND METHODS Nine of Dawson's stations, distributed from El Capitan State Beach in Santa Barbara County to Leo Carrillo State Beach in Los Angeles County, and one new station, previously studied by the phycology class mentioned above in 1966, were selected for study (Foster et a!., 1971). Stations C, D, and G are primarily rocky, while the other 7 stations are located on substrates of varying proportions of rock and sand. Stations A and J were selected a priori as control stations, outside the region of oil pollution. However, the El Capitan station eventually received a relatively light dose of oil, and the rocks at the Leo Carrillo station were almost completely covered with a thick layer of sand as a result of unusually severe winter PAGENO="0416" 1734 THE SANTA BARBARA OIL SPILL, PART 2 117 storms. This complicated our attempts to compare the normal flora of polluted and completely unpolluted stations. Dawson was providing a biological baseline of species number and distribution against which the usual decrease in species, resulting from pollution, could be contrasted. He used a line-transect method and identified plant species that grew along an outstretched line from high tide mark to the water's edge, noting all macroscopic plant species and their relative abundance within a few feet of the line. The phycology students re-ran these same transects using similar methods. While the information thus obtained gives a gross indication of the species present on and close to the transect line, the method is questionable as an accurate measure- ment of the total species in the area, and gives no quantitative information on species abundance. In addition, there are often seasonal changes in the intertidal flora which made comparisons between surveys difficult. Fortunately, Dawson's surveys used in this study were carried out in late winter and early spring. The student surveys were made in late autumn. Thus, the various surveys are not sepa- rated greatly by time of year. Moreover, Widdowson (in press) has shown that there is little seasonal change in the occurrence of intertidal plant species in southern California, although there can be large changes in abundance. During the present study, teams of observers, using the transect method, ran a total of 25 low tide transects at the ten stations between 11 February 1969 and 3 March 1969. Some stations were repeated more than once because of poor tidal conditions during some of the initial surveys. Species within a few feet of the line were listed by observers using portable tape recorders. Species not identifiable in the field were collected and determined in the laboratory. The species lists used for comparisons were compiled from that transect run at each station which yielded the highest number of species. This was done instead of combining data from all transects at a given station because it probably corresponds more closely to the pre-spill data available to us. Organisms with oil on them were noted, along with organisms observed damaged r dead, presumably as a result of oil coverage. The relative degree of coverage by the oil on particular transect populations was also recorded, along with estimates of the percentage of dead and/or damaged organisms. Stations A, C, D, F, and 0 were revisited periodically from 26 April to 4 June to assess further changes and to look at organisms noted previously as being oiled. Since no information on the animal populations at specific stations before the oil spill was available (apart from the general references discussed above), com- parisons could be made only between oiled and unoiled animals present after the major oil dose. Notation of oil on specific animals, and animals noted dead and oiled provided the basic `effects' information. Kelp beds offshore from Stations B to H were examined periodically from a boat during a period from 10 March to 19 April. Surface fronds were collected in plastic bags and brought into the laboratory for observation of possible oil damage and enumeration of organisms normally found in association with the kelp canopy. PAGENO="0417" 1735 .118 M. FOSTER, M. NEUSHUL, R. ZINGMARK Scuba diving observations of the benthic communities under the kelp canopy were limited by the high turbidity during the initial months of the spill. However, many dives were eventually made from early March to June, primarily offshore from survey Station D near Santa Barbara harbour. RESULTS Intertidal plants The species lists derived from the intertidal transects were first used to determine if any gross changes in species composition had occurred as a result of the oil pollution. This determination was complicated by the unusually violent storms and record-breaking rainfall in the area which occurred in January and February 1969, before and during the early phase of the spill. Table 1 lists the number of species found at the 10 stations by Dawson in 1956-57, the phycology students in 1966-67, and by our investigations in Febru~wy and March 1969. Also shown are the differences between the total species found by the various investigators. The differences in species found by Dawson and by our surveys after the initial oil dose were used to rank the stations in terms of change in species since 1956-57 (Table 1, Rank 1). Station J received a rank of 1 since it underwent the greatest negative change, and Station 0 received a rank of 10, undergoing the greatest positive change. Station C at Coal Oil Point was not one of the original Dawson stations. For the purposes of comparison, this station was assigned a total species number of 18 for 1956-57, corresponding to the findings of the students in 1966-67. The stations were also ranked by type of intertidal substrate at the time of the 1969 surveys, the rank of 1 denoting a station with an almost completely sand substrate (Station J), and a rank of 10 denoting an almost completely rock substrate (Station 0). This ranking might indicate regions susceptible to storm induced sand scouring, and thus could be related to storm damage in general (Table 1, Rank 2). Ranks were compared using the methods of Kendall (1955) as adapted by Gbent (1963) for biological use. A comparison of Ranks 1 and 2 gives an S value of 37 and a Tau (a measure of correlation between ranks) of + 0'82; a perfect positive correlation being -i-i. The P value is 0~00058, indicating a significant correlation. If the stations are ranked according to the oil dosage (Table 1, Rank 3) as deter- mined for each station on 8 February 1969 (Foster et al., Part 1) and then compared with the change in flora ranking, Tau +0~2 and P = 02358, a low correlation with little significance. As an indication of normal changes over long periods, the phycology student- *Dawson floral changes were ranked (Table 1, Rank 4) and compared with the substrate ranking. In this comparison Tau = + 053 and the P value is 0~0197, indicating that the overall change over approximately ten years is also correlated with substrate, the correlation being significant at the 5% level. 77-463 0 - 72 - pt. 3 - 27 PAGENO="0418" 0~~ a' I z c) 00 ~C N a' ~ 0 ~ 0 I- 0 z 0 * 00 a\ `fl - ~ ~O Nm 0 a' 00 N ~r m 0 `t~ ei - 00 a' N `t~ ~ 9 ~r ~ - 0-'~ ~ ~ 00 ~ + +;I I~LI m 000000 C\ 0 ~ + 1+ II 1736 THE SANTA BARBARA OIL SPILL, PART 2 119 ~1. 0I a' * PAGENO="0419" 1737 120 M. FOSTER, M. NEUSHUL, R. ZINGMARK TABLE 2 PLANTS OBSERVED OIL COVERED A~/OR DAMAGED ALONG STATIO N TRANSECTS Dates and Stations Plant Plants Observed Covered Amount of Oil on Transect Populationt Dates and Stations Plants Observed Dead , Popu ation Remarks Tr ong anse Phyiospadix torreyi 11/2, 13/2, 1/3 (D) 13/3, 16/3 (E) 13/2, 4/3, 16/3 (F) 12/2, 15/3 (G) 17/3 (I) ~`K *** *** ~~`kk *** 1/3, 4/6 (D) 5/5 (F) 15/3, 4/5 (G) 50-60% % exposed blades 90-100% damaged 30-50% Enteromorpha 8/2 (B) intestinalis * 26/4 (A) 1-5% Thalli white 12/2, 15/3 (C) 10/2 (D) 11/2 (G) 12/2 (H) Chaetomorpha aerea 1/3 (E) kK ** `k~ ** * 15/3 (C) 11/2 (G) 10-20% 20% Ulva angusta 12/2 (H) * 26/4 (A) 1-5% Thalli white Ralfsia sp. 10/2, 11/2, 13/2 (D) Egregia 10/2, 13/2, 4/6 (D) laevigata 5/5 (F) 15/3, 4/5 (0) ~`k ~ `~`p `~ Oiled stripes with some green and blades gone Porphyra sp. 1/3, 13/3 (A) 8/2, 14/3 (B) Endocladia 1/3 (A) * ** * 26/4 (A) 14/3 (B) 4/5 (G) 1-5% Thalli 1-5% white 20% . muricata Hildenbrandia sp. 13/2 (D) Rhodoglossum affine 13/2 (D) Gigartina 4/3, 5/5 (F) leptorynchos 12/2 (0) Gigartina 4/3, 5/5 (F) * `K ** * * 26/4 (A) 1-2% canaliculata Chondria nidiflca 15/3 (G) `K'k * = light oil coverage, ** = moderate oil coverage, ~"~` = heavy oil coverage. t Amount of oil on transect population and population damage represents average over dates given in second and fourth columns. ~ Percentages represent damage along transect as estimated by the field investigator. Although the above comparisons indicate that changes in species composition are not correlated with oil dosage, the initial heavy dose had deleterious effects on many of the algae and on the surf grass. Table 2 summarises the oil coverage and damage observed at the various stations. Phyiospadix torreyl, a common surf grass, was heavily coated with oil in the intertidal, especially at stations receiving the largest initial dosages. This plant is still being affected at those stations that continue to be polluted from the continuing spill and from oil redistribution when the high intertidal rocks are cleaned. The PAGENO="0420" 1738 THE SANTA BARBARA OIL SPILL, PART 2 121 common method of cleaning the upper rocks with hot water washes the oil back into the lower intertidal, where it can recontaminate the surf grass. ZoBell (1963) summarises much of what is known about the effects of oil on intertidal organisms and specifically points out the susceptibility of marine grasses to oil pollution. A recent paper by Ranwell (1968) reports heavy damage to salt grass (Spartina) resulting from the Torrey Canyon incident. The surf grass in the Fig. 1. Oiled Surf Grass at Station D, 13 February, 1969. Note workmen raking oiled straw on beach. Santa Barbara area readily takes up and holds oil, the blades sticking together in dense black clumps. Figure 1 illustrates this situation at Station D on 13 February 1969. The exposed portions of oiled plants eventually turn brown and gradually disintegrate. Moribund blades are shown in Fig. 2. When this photograph was taken, all of the nearby algae were clean, but the grass still held large quantities of oil. As Table 2 shows, up to 100% of the exposed blades were killed at some PAGENO="0421" 1739 122 M. FOSTER, M. NEUSHUL, R. ZINOMARK stations. Plants growing in the extreme low intertidal and subtidal were largely undamaged, no doubt protected from direct contact with the oil by the water covering them. The California Department of Fish and Game (C. Turner, personal communication) reported a similar contamination of the surf grass on Anacapa Island. Here, too, subtidal plants were undamaged, polluted blades of intertidal Fig. 2. Clump of oiled and heavily damaged Surf Grass blades at Station F, 5 May, 1969. 15'4 cm ruler for scale. plants turned brown, and plants in unpolluted areas remained green in both the inter- and subtidal regions. The basal rhizomes of P. torreyi are frequently covered by sand and perhaps vegetative growth will ultimately restore the populations to their initial condition. Dalby (1968) found that perennial marine grasses in England lost their blades after being polluted by crude oil and then regenerated new blades from protected roots and shoots. The effects of the continuing pollution on long-term survival cannot be PAGENO="0422" 1740 THE SANTA BARBARA OIL SPILL, PART 2 123 assessed at present. Damage to flowers and seeds may produce long-term changes. In addition, the extensive plant and animal community associated with the intertidal surf grass (Ricketts & Calvin, 1962) was certainly modified in polluted areas, and may take a considerable time to recover Fig. 3. Ulva habitat at Station F, 4 March, 1969. The green algae Enteromorpha intestinalis, Chaetomorpha aerea, and Ulva angusta, found in the upper mid and high intertidal, were only slightly damaged by the oil pollution except in regions that were completely coated and/or hot-water cleaned. In contrast to P. torreyi, the oil did not stick to these plants in large quantities, and was repeatedly washed off and reapplied with successive tides. Plants that were damaged were generally in the high intertidal, where the oil could remain on the thalli and dry during a tidal cycle. PAGENO="0423" 1741 124 M. FOSTER, M. NEUSHUL, R. ZINGMARK When the initial dose contaminated the coast, U/va angusta was sparse. Figure 3 shows the U/va habitat at Station F on 4 March 1969. Oil coverage was extensive and heavy, and examination of the substrate showed only a few scattered plants. After this large dosage, weathering, wave and sand abrasion, and probably bio- degradation (ZoBell, 1963) removed most of the oil from this mid intertidal area. By early May, there was a dense growth of new U/va angusta on these cleaned areas and in regions where the rocks showed only traces of oil. Therefore, the pollution appeared to have little effect on the mid intertidal U/va growth. Enteromorpha intestinalis replaces U/va in the high intertidal and it was also relatively sparse at the time of the initial dose. However, due to its higher position relative to the tides, it was exposed to direct oiling for longer periods of time and damage was more severe. Some of the oiled high intertidal plants are shown in Fig. 4. Oiled Enteromorpha at Station C, 15 March, 1969. Scale in cm. PAGENO="0424" 1742 THE SANTA BARBARA OIL SPILL, PART 2 125 Fig. 4. In thinly oiled areas the oil dried on the plants or at their bases, and the plants turned white. In more thickly oiled regions, the oil became less viscous when warmed by the sun and ran down over new areas, often covering previously unpolluted plants. An indirect effect on high intertidal Enteromorpha is attributable to oil that remains attached in this region, reducing the effective area for future attachment and thus, indirectly, the population size. Figure 5 shows this pheno.. menon at Station D New Enteromorpha is found on unoiled rock surfaces only Fig 5 Enteromorpha growing on oil free areas at Station D 26 April 1969 Scale in metres A Enteromorpha B Oil and straw The majority of the common brown algae found in the Santa Barbara area occur in the lower intertidal and subtidal and remained protected from much of the initial large oil dose. Egregia laevigata, found in the extreme low intertidal and shallow subtidal, is entirely exposed at some stations during extreme low tides, and its sur- face fronds received heavy doses of oil However, the oil did not stick readily to the plant surfaces At some stations oil was noted on plants near the holdfast and marginal blades in these areas were frequently green or completely gone (Fig 6) The distal ends of the Egregia plants appeared undamaged and showed continued growth during successive surveys. PAGENO="0425" 1743 126 M. FOSTER, M. NEUSHUL, R. ZINGMARK The red algae, in contrast to the brown and green algae, appeared to hold the crude oil over long periods of time. Porphyra sp. was found to retain oil and become brittle when contaminated by crude oil from the Torrey Canyon (Smith, 1968), and this was also observed during the Santa Barbara spill. Fortunately, the heaviest pollution occurred before the usual spring bloom of Porphyra, and mortality was low except at Station G. There, a large population was exposed on top of an exten- sive mussel bed, and many plants were oiled and white. The other red algae, occur- ring primarily in the mid and low intertidal, retained oil for long periods of time but appeared to be relatively undamaged. Intertidal animals A summary of oiled and dead animals observed in connection with the oil pollution is given in Table 3. The common intertidal anemone, Anthopleura elegantissima, was oiled at Stations G and H, the oil sticking primarily to pieces of shell and debris which normally adhere to the body wall. Even with heavy oil doses, no dead animals Fig. 6. Egregia collected at Station G on 5 May, 1969. Investigator is pointing at oil covered stipes, where marginal blades are missing. PAGENO="0426" 1744 Animal ~ ~ Dates a'nd stations Animals observed covered Amount of oil on transect populationt Dates and stations animals observed dead . opuatlon mor a i ` Remarks ~ r Anthopleura elegantissima Chthamalus fissus 12/2, 15/3 (G) 12/2 (H) 14/3 (B) 12/2, 15/3 (C) 11/2 (D) 1/3 (F) *** ** * * *** *** 26/4 (A) 12/2, 15/3, 28/4 (C) 26/4 (D) Oil on body debris 1 % 20% 80-90 °/ ` 13/2 (F) 17/3(I) *** * 5/5 (F) 10% Belanusgiandula Poiicipes polymerus Pachygrapsus 15/3 (C) 12/2, 15/3 (C) 1/3, 4/5 (0) ** ** ** 28/4 (C) 1/3, 4/5 (0) 11/2 (D) 1-5% 1-5% 1 individual crassipes Pagurus samuelis 4/3 (F) ** ~ Oil on hermit crab shells Orchestoidea sp. 8/2 (D) 1 individual Mytilus spp. 15/3 (C) 12/2, 4/5 (0) 12/2(H) *** * * 26/4 (A) 15/3, 28/4 (C) 1% 1% Acmea spp. 26/4 (A) 28/4 (C) * *** Oil on shells and Pisaster ochraceous 11/2 26/4 (D) 1/3 (H) " * 10/2 (D) feet 1 individual Strongvlocentrotus 10/2 (D) 1 individual purpuratus * = light oil coverage ** = moderate oil coverage " = heavy oil coverage f Amount of oil on transect population represents average over dates station was visited as does percent mortality. ~ Percentages represent mortality along transect as estimated by field investigator. have been observed. The high resistance of this organism to oil pollution has been previously noted by North et a! (1964) and Smith (1968) Damage to the barnacle Chthamalus fissus was extensive Approximately 90 % of the transect population was killed at Station T~ initially the most heavily oiled station Similar percent mortalities were recorded by John Cubit (personal com munication), who compared the relative numbers of living and dead barnacles on oiled and unoiled populations in the vicinity of Station D. The animals were frequently observed sweeping the oil with their cirri, which no doubt contributed to their high mortality. In high intertidal areas, much of the damage was done as a result of the oil drying on, and apparently physically smothering, the animals. If the covering of oil was thin, the barnacles often cleared an opening through it and showed no immediately obvious ill effects. If the oil was too thick for clearing, TABLE 3 ANiMAL5 OBSERVED AS OIL COVERED AND/OR DEAD PAGENO="0427" 1745 128 M. FOSTER, M. NEUSHUL, R. ZINGMARK death almost always ensued. Figure 7 shows cleared and uncleared oil patches on a group of barnacles at Station C. Barnacle mortality extended to the mid intertidal as a result of the oil clinging to the rough surface of barnacle populations. The oil stays on these populations and is highly resistant to natural cleaning. Figure 8, taken at Station F on 5 May 1969, illustrates a heavily oiled barnacle population in the mid intertidal. Surrounding rocks which received heavy doses of oil were almost completely cleaned by natural action, while the oil on the barnacles persisted. The gooseneck barnacle, Pollicipes polymerus, occurs at Stations A, B, C, and G on exposed rocky outcrops. Mid intertidal individuals received moderate doses of oil at Stations C and G, and oil tended to stick to their plates. As was the case with Chthamalusfissus, gooseneck barnacles were also killed, when the oil became thick enough to smother them physically. All dead individuals had a very heavy coating of oil over them, and in many instances, their cirri were encased in dried oil. Mortality was probably not as high as that for C. fissus because Pollicipes occurs lower in the intertidal in areas generally exposed to surf, which rapidly cleans off the oil before it has a chance to dry. Fig. 7. Oiled Chthamalus at Station C, 28 April, 1969. Some individuals have cleared an opening in the oil (A), while others have not (B). PAGENO="0428" 1746 THE SANTA BARBARA OIL SPILL, PART 2 129 Only one individual of the genus Orchestoidea, the common sand aniphipod, was observed oiled and dead. Although these organisms occur in large numbers in the sandy intertidal, they apparently remained beneath the surface of the sand during the initial oil dosage. Another sand dweller, the blood worm Thoracophelia mucronata, has been observed in its usual abundance since the initial pollution. Fig. 8. Heavily oiled barnacles at Station F on 5 May, 1969. Note clean surrounding rocks and large anemones at base of rock. Mytilus spp. (mussels) commonly occur in association with Pollicipes polymerus and were similarly oiled. Individuals were assumed dead due to oil when they were gaping open, would not close upon stimulation, and contained heavy coatings of oil. In general, however, mussels suffered little damage. Various chitons and limpets (Acmea spp.) were frequently seen with heavily oiled shells, but no dead individuals were noted. When prised off the substrate, limpets exhibited oiled feet which indicated that they were moving and perhaps even grazing over the oil. Similar resistance and feeding behaviour was noted by Smith (1968) during the Torrey Canyon incident As Table 3 shows, the observed damage to echinoderms was slight. Moreover, the animals observed dead and oiled could have died naturally and then been oiled. Oil did not seem to stick readily to the starfish or the urchins, and their position in the lower intertidal apparently protected them from prolonged exposure. PAGENO="0429" 1747 130 M. FOSTER, M. NEUSHUL, R. ZINGMARK Kelp beds Offshore kelp beds, having a surface canopy consisting almost entirely of Macro- cystis angustifolia, received the first dose of incoming oil. The floating fronds held large quantities of oil, especially during low tides. From the beach, the normal brown colour of the beds was changed to black. With changing winds, currents, and tides most of the oil held by the kelp was eventually released, and much of it moved shoreward to pollute the coast further. As was the case with most of the mid and low intertidal green and brown algae, the oil that came in contact with the kelp did not stick to healthy fronds, perhaps due to the natural covering of mucus on blades and stipes. Oil was occasionally seen adhering to patches of damaged tissue. Boat surveys conducted offshore showed no abnormal decay or damage after the initial oil dose. Animals in a few collections from the kelp canopy in both heavily and lightly polluted beds were similar in kind and abundance, and were representative of the normal kelp canopy community as described by Limbaugh (1955). Our diving surveys off Station D showed no oil beneath the kelp canopy. In addition, over 200 dives by various persons were made in the Santa Barbara area kelp beds during and after the initial pollution under the supervision of D. Duckett, the UCSB campus diving officer. None of the divers reported oil on the bottom or any obvious changes in the subtidal environment (D. Duckett, personal com- munication). Divers have noted oil on the bottom in Santa Barbara harbour and immediately outside the harbour, but this is probably a result of the use of oil sinking agents in these areas. CONCLUSIONS AND DISCUSSION The rank correlations indicate that major floral changes correlate well with sub- strate type. Therefore, gross species change could be a result of the interaction of substrate with the record winter storms which occurred in the area previous to and during the initial pollution. Widdowson (in press) has carried out a comprehensive survey of the Dawson stations in the Los Angeles area and has found extensive floral changes. Many of these changes correlate with various environmental factors such as public use of the shore, exposure to smog, and sewage pollution. Thus, not only potential storm and oil damage but a variety of other factors may be contributing to species changes noted in this study of the Santa Barbara area. As Widdowson. points out, these are long-term, gradual changes which are difficult to detect and to associate with specific causes. Although widespread changes resulting from the initial pollution were not detected, highly significant damage occurred to the Phyllospadix torreyi and Chtha- malusfissus populations in polluted areas. Jones et a!. (1969) in a popular article, conclude that there was no extensive ecological damage. This conclusion seems PAGENO="0430" 1748 THE SANTA BARBARA OIL SPILL, PART 2 131 over optimistic, especially since they did not report the conspicuous changes in surf grass and barnacle populations observed during the present study. It seems clear that overall damage was definitely related to initial dose, especially in the case of surf grass and barnacles which are present at almost all stations. Many factors have influenced the survival of intertidal organisms In the areas studied these include intertidal substrate previously existing biota positions of Fig. 9. Cleaning of high intertidal rocks with hot water in the vicinity of Station F, 5 May, 1969. The oil removed runs down the beach (A). the organisms in the intertidal zone, tidal levels at the time of the pollution, and extent of offshore kelp beds. Evaporative losses of the more volatile (and generally more toxic) components of the crude oil during its passage from the well to the shore was probably a very significant factor contributing to the survival of many organisms, as was the decision not to use detergents during cleanup operations. The cleanup methods being used on sandy beaches (absorption of the oil with straw and mechanical removal of the oiled straw and sand) seem to have little obvious effect on the existing sand biota. However, cleaning of the rocky high intertidal with hot water has removed an extensive community of limpets, snails, crabs, and algae along with the dried oil Not only are the organisms damaged but the oil removed runs down to repollute lower intertidal areas (Fig. 9). PAGENO="0431" 1749 132 M. FOSTER, M. NEUSHUL, R. ZINGMARK The effects of chronic long-term oil pollution on rocky intertidal regions and offshore kelp can be estimated by examining the effects of the natural oil seeps at Coal Oil Point in Goleta. There seems to be no obvious lack of kelp in the vicinity of the seeps. The beds are not as thick as others along the coast, but this may well be due to substrate availability and grazing pressure rather than oil. The oil in some cases comes out of small fissures on the bottom adjacent to attached plants. However, the effect of regular and continued doses of oil on the intertidal regions at Campus Point, which is `downstream' from the Coal Oil seeps, is immediately obvious even to the most casual observer (Fig. 10). Of the total rock surface on the point, approximately 60% of the tops of rocks are covered with tar along with 30 to 40 % of the sides. In some areas, the layer of tar is over 6 cm deep. Areas not covered are generally in the mid to low intertidal region. The new man-made seep around Platform A is now adding to the amounts of oil coming from natural seeps. If the new seep continues to flow, it is likely that tar buildup will occur in previously unaffected areas. Only a few macroscopic plants and animals (Chthamalus, Enteromorpha, colonial diatoms) have been observed to attach and grow on the tar substrate and these are generally smaller Fig. 10. Rock surfaces at Station C. The large cork borer in the foreground (arrow) is buried over 4 cm into the old tar. PAGENO="0432" 1750 THE SANTA BARBARA OIL SPILL, PART 2 133 in size and much less abundant than similar organisms on rock surfaces. Therefore, it appears that these seeps, and others that may result from further drilling activity, may reduce the availability of intertidal surfaces that would otherwise be occupied by intertidal marine organisms. In conclusion, it should be emphasised that this preliminary study records only some of the more obvious and immediate effects of the oil pollution. Man-made pollution has obviously influenced the complex communities of marine plants and animals in the study area. There is clear indication that a subtle and gradual erosion of this natural resource has begun. North (1964) has documented the gradual dis- appearance of kelp forests along the Palos Verdes and Point Loma coasts in southern California. The reduction in kelp abundance started in the 1920s and was complete by the early 1960s. Dawson (1959) and Widdowson (in press) have documented the gradual disappearance of intertidal plants in Southern California since the early 1900s and have related this loss to various forms of pollution. This gradual des- truction of major coastal marine communities is probably being duplicated else where along the southern California coast at the present time. It seems probable that repeated and continuing oil pollution will contribute to long-term environ- mental degradation in the Santa Barbara region, in addition to producing the short-term effects noted in this study. ACKNOWLEDGEMENTS This study was supported by the Federal Water Pollution Control Administration, Grant No. 14-12-516, and in part by NSF Grant Nos. GB 5952 and GH 43. The authors are grateful to D. C. Barilotti, A. Dahi, K. Jensen, and R. MacDonald for their generous help with the intertidal surveys and to other members of the UCSB Marine Laboratory staff who contributed valuable advice and information REFERENCES BELLAMY, D J., CLARKE, P. H., JOHN, D. M., JONES, D., WHIrrICK, A. & DARKE, T. (1967). Effects of pollution from the Torrey Canyon on littoral and sublittoral ecosystems. Nature, Lond., 216, 1170-3. BLUMER, M., SouzA, 0. & SASS, J. (1970). Hydrocarbon pollution of edible shellfish by an oil spill. Mar. Biol., 5, 195-202. CARTHY, J. D. & ARTHuR, D. R. (Eds) (1968). The biological effects of oil pollution on littoral communities. Fid Stud., 2, Suppl., 198 pp. DALBY, D. H. (1968). Some factors controlling plant growth in the intertidal environment: In The biological effects of oil pollution on littoral communities, ed. by J. D. Carthy and D. R. Arthur. Fld Stud. 2 Suppl., 21-37. DAWSON E Y (1959) A primary report on the benthic marine flora of Southern California In Oceanographic survey of the Continental Shelf. Calif. St. Wat. Pollut. Control Bd. Sacramento, Publ. No. 20, 169-264. FOSTER M CHARTERS A C & NEUSHUL M (1971) The Santa Barbara oil spill 1 Initial quanti ties and distribution of pollutant crude oil. Envfron. Pollut., 2, 97-113. PAGENO="0433" 1751 134 M. FOSTER, M. NEUSHUL, R. ZINGMARK OHENT, A. W. (1963). Kendall's `Tau' coefficient as an index of similarity in comparisons of plant or animal communities. Can. Ent., 95, 568-75. JONEs, L. G., MITCHELL, C. T., ANDERSON, F. K. & NORTH, W. J. (1969). Just how serious was the Santa Barbara oil spill? Ocean industry, 4, 53-6. KENDALL, M. G.(1955). Rank correlation methodc. London, Charles Griffin&Co. Ltd, vii + l9fipp. LIGHT, S. F. (1961). intertidal invertebrates of the Central California coast. Revised by R. I. Smith, F. A. Pitelka, D. P. Abbott, F. M. Weesner et al. Berkeley Univ. Calif. Press, vix + 446 pp. LIMBAUGH, C. (1955). Fish life in the kelp beds and the effect of kelp harvesting. Univ. C'alif Inst. Mar. Res. IMR Ref. 55-9. (Mimeographed report.) NORTH, W. J. (1964). An investigation of the effects of discharged wastes on kelp. Calif St. Wat. Qual. Control Bd, Sacramento, PubI. No. 26, 124 pp. NORTH, W. J., NEUSHUL, M. & CLENDENNING, K. A. (1964). Successive biological changes observed in a marine cove exposed to a large spillage of mineral oil. Proc. Symp. Pollut. Mar. Microorg. Prod. Petrol., Monaco, 335-54. O'SULLIVAN, A. J. & RICHARDSON, A. J. (1967). The effects of the oil on intertidal marine life. In Conservation and the `Torrey Canyon', Jnl Devon Trust Nat. Conserv., Suppl., July 1967, 31-8. RANWELL, D. S. (1968). Extent of damage to coastal habitats due to the Torrey Canyon incident. In The biological effects of oil pollution on littoral communities, ed. by J. D. Carthy and D. R. Arthur. Fld Stud., 2 Suppl., 39-47. RICKETTS, E. F. & CALVIN, J. (1967). Between Pacific tides. 3rd ed., revised by J. W. Hedgpeth. Stanford Univ. Press, xii + 516 pp. SMITH, E. J. (Ed.) (1968). `Torrey Canyon' pollution and marine life. Cambridge, Cambridge Univ. Press, 197 pp. WIDDOWSON, T. B. (In press). Changes in the intertidal algal flora of the Los Angeles area since E. Yale Dawson's pollution survey (1956-9). ZOBELL, C. F. (1963). The occurrence, effects, and fate of oil polluting the sea. mt. J. Afr Wat. Pollut., 7, 173-97. 77-463 0 - 72 - pt. 3 - 28 PAGENO="0434" 1752 April 18, 1972 STATEMENT OF DR. NORMAN K. SANDERS B .S. Geology-Geophysics, PLJD. Coastal Geomorphology Department of Geography University of California at Santa Barbara Prepared for the Committee on Interior and Insular Affairs, United States Senate. OFFSHORE OIL I~EPOSITS AS AN ENERGY SOURCE Oil operations should be postponed in offshore waters because, with present technology, it is not possible to operate without waste of the valuable oil resource and hazard to the environment. This view is supported by the State Lands Commission of the State of California which has maintained a moratorium on drilling in state waters for the last three years. The moratorium will be lifted when the oil industry can demonstrate its ability to contain oil spills when they occur. Specific hazards attend every phase of offshore oil exploration, production and transportation. During the exploration phase, test wells are drilled into unknown geologic structures from floating barges. High potential exists for blowouts during this operation, especially in deeper water. If oil is encountered during the ex- ploratory drilling operation, it is ignited and burned in a flaring device. Sometimes, however, the oil is simply dumped on the surface of the sea. When the test data is obtained, the exploratory holes are supposed to be capped. In the Santa Barbara area, considerable oil spills to the surface from inadequately capped test wells. When exploration establishes the presence of oil, platforms are installed and more holes drilled. These wells are also subject to blowouts (at a rate of 2.8 blowouts per 1000 wells) and furnish further pollution through accidental or intentional oil and mud discharge and dumping of acids used for Increasing the flow of oil through the pro- duction zones. In addition, fire hazard can, be great on oil rigs as PAGENO="0435" 1753 shown by the Shell and Standard disasters in the Gulf of Mexico and two major fires in the Santa Barbara Channel. One fire destroyed 22 wells on a Mobil Oil pier near Santa Barbara and the other caused an estimated $1,000,000 damage to a 12-well Standard Oil platform offshore. Contamination can reach the water surface in a number of ways. Gas separating devices called scrubbers have eight inch blow-off pipes on the sides of each platform which spill oil during periods of high surge. This happens when new wells are put on the line or when a well has been worked over, both frequent occurences. Another common form of pollution comes from drilling mud and weight material (Barium Sulphate) which is dropped overboard along with the drill cuttings. In addition, when a new well is brought in, the fluid is poured on the production deck until a clear stream of oil is flowing. The entire collection of liquids is then hosed into the sea, generally at night, but at anytime if fog obscures the operation. There is a distinct possibility that the build-up of the very heavy minerals con--- tamed in the drilling mud could drastically change sea bed ecology in the vicinity of the platforms and exploratory drilling barges. - Many tons of material are involved in this operation. Still another form of pollution is the dumping of acids directly \into the sea. In at least one instance, several thousand gallons of acid used to increase the flow of oil in a well were pumped into the ocean from a Santa Barbara platform instead of being taken ashore as required. Sewage is yet another type of pollution produced by the offshore oil rigs. Sun Oil Company, operator of platform Hillhouse in the Santa Barbara Channel, told the California State Regional Quality Control Board that sewage, drilling mud, cuttings and other oil production waste pumped Into the ocean total 100,000 gallons daily. Transportation of the oil from platforms to shore offers further potential for spillage. Pipelines on the bottom are subject to cor- rosion, submarine landslides, and breakage by ship's anchors. The massive oil spill in the Santa Barbara Channel which occured during December of 1969 shows the vulnerability of the pipeline system. .2.. PAGENO="0436" 1754 According to the Union Oil Company, a break developed in the pipe-. line which allowed considerable oil to leak Into the Channel before being detected. The pipeline is equipped with automatic pressure reduction sensing devices and automatic shut-off systems which are supposed to guard against such an occurance, but none of the devices functioned. An explanation for the failure of the devices to operate is based on unofficial Information communicated from persons close to oil operations In the Channel. There Is a possibility that a worker Inadvertantly shut a valve at the shore end of the pipeline and pumping continued all night from Platform A. The pipe then ruptured, spilling some 12,000 barrels of oil onto the surface before dawn when the mistake was discovered. This would explain why the pressure reduction sensing devices failed to work and why a 50 square mile slick was reported by a commercial pilot before the pipeline was shut down for repairs. Whatever the cause, the pipeline rupture spilled a mass of oil which further contaminated area beaches. The hazardous nature of offshore operations is attested to by the 1970 publIshed statement of the Inst~ance Rating Board recom- mending cancellation of Insurance for offshore operations. "This exception for oil is Justified," the IRB said in a memo to member companies. "The public has become Increasingly aware of agonizing effects of oil spillage and resentful of the failure of oil risks (the oil companies) to take the ordinary steps to avoid them." The inability of the oil companies to operate cleanly in off- shore waters also prompted the Environmental Po~licy Branch of the Library of Congress to state In a report for the Joint Economic Com- mittee that the petroleum Industry should confine Its drilling to land and delay further offshore operations. Offshore, according to the report, aspects of federal-state proprietary and administrative relations are not fully resolved, oil spills are harder to contain and workable rules to protect the environment present problems. "All of this," the report concluded, "would appear to raise a policy question of withholding or delaying further offshore lease and development until fully adequate technology is more nearly in hand for producing and transporting such petroleum." -`3- PAGENO="0437" 1755 Technology has still not come up with the answers to two very basic problems: 1. containing spills on the open sea and 2. dis- posing of spilled oil. According to the U.S. Coast Guard, no boom arrangement now available can contain spills in seas greater than 5 feet high. The most recent tests confirm this statement. During the first two weeks of March, 1972, the Coast Guard and the Johns- Manville Corporation tested the latest concepts in oil containment devices. The tests were conducted several miles off the coast west of Santa Barbara in the open sea. A new boom was flown in and tests run with very light seas and winds. In calm conditions, the boom was towed at speeds of 1/2 knot, 1 knot and 1-1/2 knots while con- taining 20,000 gallons of soy bean oil. The boom worked fairly well at the 1/2 knot speed, spilled some oil at'l knot and suffered a great loss at 1.1/2 knots. Since ocean currents are often stronger than 1-1/2 knots, the boom might not be effective even with no wind or waves. A second test was conducted several days later with two to three foot wind chop present. At towing speeds between 1/2 knot `and 1 knot there was catastrophic loss of oil. What works well in a test basin fails in the face of complex natural wind, wave `and current patterns. Skimmers and booms can cope with small spills in sheltered areas, but are pathetically incapable of dealing with a 50 square mile slick in the open sea. Chemical methods of spill containment may offer some hope, but presently are not practicable. Chemicals can make the situation appear better visually by sinking or flocculating the oil, but the chemicals themselves are toxic to marine life forms. One popular chemical, Corexit, has been found by the U.S. Fish and Wildlife Service Fishery-Oceanography Center to be toxic to anchovy eggs and larva at concentrations as small as two parts of dispersant to a million parts of sea water, Straw remains the best method of oil spill cleanup. The straw method can be Used on sandy beaches, but rocky shores are either left alone or steam cleaned. A tremendous problem arises in disposing of the oil soaked straw. Burning causes air pollution and dumping allows the oil to flow downhill back into' the ocean. This occurred -4- PAGENO="0438" 1756 in Santa Barbara when oil from staw dumped in a canyon during the original Spril 1969, cleanup seeped back onto local beaches. Another difficulty with offshore oil operations is the hazard posed to navigation. The drilling barges have extensive anchoring systems consisting of buoys and unlighted cables. In a Notice to Mariners, the Coast Guard reports that: "The anchoring system for these vessels may extend to 5,000 feet from the vessel. The limits of anchoring system are marked by orange and white vertically striped buoys equipped with white lights flashing every two seconds. Mariners should not pass between these buoys and the drilling vessel." On December 5, 1968, the Matson liner Lurline was forced to quickly alter course on a clear night to avoid the drilling barge Bluewater II off Santa Barbara. A California couple barely escaped death when their boat rammed an unlighted buoy near a Santa Barbara platform. Their boat sank, but luckily, they were rescued by the Coast Guard. Many yachtsmen and fishermen tell of near misses with the numbers of cables, pipes, and buoys strewing the Channel. So far, a major tradgedy has not occurred. What we fear most Is the very real possibility of a 250,000 ton supertanker ramming a 5O.~well oil platform in the fog. That disaster would make our earlier problems seen trivial by comparison. The spillage of oil Into offshore waters is an economic problem as well as an environmental one. We are rapidly accelerating our consumption of our finite world crude oil reserves with the result that even the most optimistic predictions indicate a peak in pro- duction in the year 2000 and rapid decay until the year 2050 when the reserves will be almost completely depleted. (from H.K. Hubbert, 1969, Resources and Man, National Academy of Sciences.) It makes ~ good economic sense to produce oil first from inland areas, foreign and domestic, reserving our offshore fields until we can produce then without waste. Many argue that this will cause increased use of tankers, with attendant oIl spillage. The tanker spillage problem is Indeed serious and does need solutions (one start would be putting more human beIngs to work on the ships and docks with less reliance on "fall safe" antipollution gadgets.) .However, the nettonnage of -5- PAGENO="0439" 1757 oil carried by tanker might not increase greatly by lifting offsh~re drilling because a major portion of the offshore oil is carried by tankers to the ref inerys and consumption areas at present. When it is decided that offshore drilling should continue, current leasing procedures should be changed. Right now, the Department of the Interior is in the position of granting leases on the basis of iisformation supplied almost entirely by the oil companies themselves. The oil industry is thus the only party to lhe transaction which has full knowledge of what is bei,ng leased. The" public would be better served if the us~S itself gathered the geo-. logic data and distributed it equally to all Interested parties, the costs to be included in the lease price. This would actually save the oil companies money by eliminating duplication of ex. ploratory effort. State governments should also be'included in the leasing ne~ gotiations so that oil development on state leases can be coordinated with federal operations. Oil fields do not observe artificial lines. drawn on the maps. Additional weight should also be given to the opinions of local residents who may not desire oil development on their coastlines. . In all present and future offshore leases, jUrisdiction over pollution control must be taken from the USGS and placed with the EPA. The USGS is rightfully concerned with maximizing oil production.; Its thinly spread personnel have their hands full just maintaining a cursory watch over the technical aspects offshore drilling opera~ tions. Pollution specialists are needed to, constantly monitor the platforms and facilities to insure against spillage. Another leasing requirement should be the agreement of the oil companies to accept complete and unlimited liability for any esthetic or physical damage caused by their offshore operations.' . . In the light of the rapidly decreasing TOTAL reserves of crude oil, the present pleas of the oil industry for ever greater oil production from offshore areas Is not rational., Rather,' we as a nation should reshape our attitudes towerd energy.' We must learn ` ` to live within our energy needs and stop doubling our' demands every PAGENO="0440" 1758 ten years. A major step in this direction will be to stop squandering our priceless oil resource on automotive fuels. Redevelop~ent of mass transportation systems in the U.S. are vitally needed to save our oil reserves as well as curtail the environmental problems stemming from its consumption. However, this step alone will not solve our energy problems. What is needed Is a new source of energy. One such source might be nuclear power. However, nuclear power has two major draw- backs at the present time. One is the availability of uranium oxide for burner reactors (we may be out of U308 in 25 years If breeder reactors cannot be successfully developed.) The other major problem Is problem of disposing of radioactive waste materials which are accumulating already at an alarming rate. By the year 2000 we will be storing 3,400,000 gallons of wastes which will con- tinue to be a radiation hazard for hundreds of years. In my opinion, solar energy offers the most hope as a relatively clean energy source. Output from the southwestern U.S. could be fed Into the national grid, with present power plants taking up the slack. Major efforts, Including generous funding, should be de- voted to de~eloping solar power plants. Offshore oil development should be deferred to the future when technology has developed to the point where this valuable and unique fossil resource can be tapped efficiently and without damage to the environment. -7- PAGENO="0441" 1759 Testimony of C. Maxwell Stanley For Presentation to Senate Committee on Interior and Insular Affairs Regarding Oversight Hearings on Outer Continental Shelf Policy Introduction My name is C. Maxwell Stanley. I am a Professional Engineer and Chairman of the Board of Stanley Consultants, Inc., international con- sultants in engineering, architecture, planning, and management, with broad experience in environmental affairs and resource development. I am also Chairman of the Board of HON Industries Inc., a national manufacturer of office furniture and material handling equipment. I am President of The Stanley Foundation, which for many years has encouraged study and education aimed at strengthening international organization. In this capacity I have chaired many international con- ferences, including one on "Environmental Management in the Seventies" held in Romania in 1971, and have authored a technical and nontechnical papers on this subject. In July, 1972, I will chair a week-long interna- tional conference on the role of international organization in the manage- ment of ocean resources. I respond, as a concerned citizen, to the question raised by Senator Jackson in his insertion in the Congressional Record on March 8, 1972; I~ame1y, "What additional changes in the existing legal regime or federal organizational structure merit Congressional consideration and review? "(A 5). As is true with many important and controversial issues, the United States seems to be speaking with more than one voice concerning its ocean policy. On the one hand, there is a draft U. S. Treaty first deposited with the U. N. Seabed Committee on August 3, 1970, which includes definitive suggestions limiting national jurisdiction and proposing an international regime for the equitable and rational management of the resources of the ocean space. On the other hand, many sincere and well organized inter- ests would have our nation assume a far different ocean posture, particu- larly concerning jurisdiction over the resources of the Continental Margin. Yet these issues are indeed so complex and important, not only to our nation but to the entire world community, that we cannot afford to appear indecisive and equivocating. In short, I believe that the time is indeed propitious for Congress, and particularly this Committee, to review its* ocean policy. Jurisdiction In 1958, representatives of 86 nations met in Geneva to participate in the United Nations Conference on the Law of the Sea. Among the several conventions coming out of the Geneva Conference was The Convention on the Continental Shelf, which defined the shelf as referring "to the sea- bed and subsoil of the submarine area adjacent to the coast but outside the area of the territorial sea to a depth of 200 meters or beyond that limit to where the depths of the super adjacent waters admit of the PAGENO="0442" 1760 exploitation of the natural resources of the said area." This latter point, which some international lawyers have termed the "exploitability clause," has had, in my opinion, disastrous implications for the rational manage- ment of ocean resources. In the United States this clause of the Geneva Convention has been seized by special interests as sufficient authorization to exploit off-shore areas in excess of the 200 meter depth. In essence, the original and widely accepted geological division between the Continental Shelf (out to 200 meters and representing about 7. 5 percent of the ocean bed) and the rest of the Continental Margin (slope and rise) has been conveniently forgotten and replaced by a view which purports to expand the coastal states' control `over the entire continental margin (comprising nearly 25 percent of the ocean bed) to a point contingent only upon the technical ability to exploit. The problem with this parochial view of "one can claim what one can reach" is that it must be presumed that other nations can do likewise. As Senator Claiborne Pell of Rhode Island has argued, "thus the larger the off-shore zone we contemplate bringing under our national jurisdic- tion means that, on balance, we are closing off a much larger zone world wide, assuming, as we, must, that other states would be entitled to claim a similar area. "/1/ Proposals to extend national jurisdiction are con- trary to this nation's historic support of the freedom of the seas in the interests of communication and security. Such policies are also in con- flict with the unive rsal concept that the resources of the seas are the common heritage of man. We must surely avoid making the mistake of similar proportions to that of the Truman Proclamation of 1945 which had the ultimate result of opening Pandora's Box of contending proclamations by many of the coastal nations of the world. I recommend, pending the acceptance of an international convention, that the United States limit its exploitation of the Continental Margin beyond the claimed 12 miles territorial limit to those areas where the depth of the sea does not exceed 200 meters. I further recommend, taking into cbnsideration the fact there there is as yet no actual exploitation of re- sources beyond the 200 meter depth line and noting the goals of the U.S. Draft Treaty, that Congress strongly support a policy which would deny the awarding of any further leases for exploitation beyond the 200 meter line. U.S. Draft Treaty In May of 1970, President Richard Nixon proposed `that all nations adopt as soon as possible a treaty under which they would renounce all national claims over the natural resources of the seabed beyond the point where the high seas reach a depth of 200 meters (to 656 feet) and would agree to regard these resources as a common heritage of mankind. The treaty should establish an international regime for the exploitation of seabed 1. George A. Doumani, "Exploiting the Resources of the Seabed," paper prepared for the Subcommittee on National Security Policy and Scientific Developments of the Committee on Foreign Affairs, U. S. 1-louse of Repre- sentatives, July,1971, p. 66. PAGENO="0443" 1761 resot~rces beyond this limit," The proposal also included a provision for the collection of "substantial mix~eral royalties" to be "used for inter- national community purposes, particularly economic assistance to devel- oping countries. "/2/ As noted earlier, the President's proposals were incorporated in a formal draft treaty presented several months later to the U.N. Seabed Committee. This remarkable document had many antecedents, but the most signifi- cant and commonly accepted origin of most discussions concerning inter- national management of ocean space is the Malta Proposal, first enunciated by the distinguished diplomat Arvid Pardo on August 17, 1967. The over- all concept of an international regime coordinating and managing the re- sources of the seabed and ocean floor have long enjoyed support by many distinguished individuals and groups within the United States. For exam- ple, in July, 1966, President Lyndon B. Johnson stated, "Under no cir- cumstances, we believe, must we ever allow the prospects of rich harvest and mineral wealth to èreate a new form of colonial competition among the maritime nations. We must be careful to avoid a race to grab and hold the lands under the high seas. "/3/ In 1967, under the Johnson Administration, the U.S. Ambassador to the United Nations supported the consideration of the Malta Proposal in the General Assembly and stated that the United Nations was in a position to assume leadership in enlisting the peaceful cooperation of all nations in developing the world's oceans and their re- sources. In 1968, before the ad hoc U.N. Seabed Committee, the United States came to recognize the "interest of the international community in the development of deep ocean resources," and the "dedication as feasible and practical for a portion of the value of the resources recovered from the deep ocean floor to international community purposes. "/4/ In the U.S. Congress, the most serious studies of our ocean policy have been undertaken by the Senate Subcommittee on Oceans and Atmosphere, the Subcommittee on Oceans and International Environment, and the spe- cLal Subcommittee on Outer Continental Shelf. Although Congress has yet to speak with any unanimity upon the subject of an ocean regime, many individual Senators and Congressmen have expres8ed support for this con- cept. Notably, only in the Subcommittee on Outer Continental Shelf has there been concerted opposition to the sharing of control over the exploi- tation of the resources of the Continental Margin. It is also worthy of note that the prestigious Lodge Commission recom- mended that "the United States make every effort to achieve definitive international agreements for the benefit of all nations that will establish narrow territorial waters for all states, with free transit of international straits; encourage rational use of fisheries so as to protect species from repetitious harvesting and extinction; and provide for international regime for the exploitation of the mineral resources of the seabed beyond national 2. Department of State Bulletin, June 15, 1970, p. 737. 3. Edman A. Gullion, "Uses of the Seas," The American Assembly, Hall, Inc., 1968. 4. George A. Douomani, ~. cit., p. 69. PAGENO="0444" 1762 jurisdiction " The Lodge Commission also recommended that `the United States clearly indicate that leases granted for mineral resource exploi- tation on the seabed beyond the point where the high seas reach a depth of 200 meters may be subject to an international regime " Further, the Commission recommended "that the United States continue to urge the drafting of a seabed treaty close to or identical with its own proposal to the U N Seabed Committee in 1970 "/5/ In this respect it is most gratifying to note that both in President Nixon's recent foreign polic.y report to Congress/6/ and in Secretary of State Rogers' similar report/7/ continued strong administration support for the U S Draft Treaty was e~pres sed I recommend that Congress give its strong support to the U S Draft Tieaty and not undertake any actions contrary to the spirit of that docu- ment As has been stated elsewhere /8/ one of the principal weaknesses of the U S draft is that it does not impose a moratorium on new claims pending the conclusion of an international treaty and it would guarantee protection of leases granted and ii~terest acquired by U S citizens prior to the coming into force of such a treaty I recommend that there indeed be a moratorium on new claims in those areas which conflict with the stated goals of the U S draft and that likewi e there should be no pro- tection for any further leases granted to U S citizens which might also conflict with the goals of the treaty Ocean Regime Aside from the U ~ Draft Treaty there have been numerous draft con- v~ ntions and working papers proposed by sucl nations as Tanzania the U S S R the United Kingdom Bulgaria Turkey the Latin American nations Afghanistan and others A common feature of these papers has been proposals for the creation of an international ocean regime There have been significant differences however in the proposals for the in- stitutional makeup powers and scope of the jurisdiction of the ocean regime Without commenting here upon specific aspects of such a regime I do believe that the interests of the United States are best served by the creation of a strong international regime possessing some control over the exploitation of the resources of the Continental Margin as well as the deep ocean floor and with powers to apply standards concerning the con- servation of living marine resources and the pollution of ocean space The United States in my opinion has much to gain by the rational man- agement of ocean resources through the creation of such a regime Ad- vantages include access for our commercial and naval vehicles through 5 "Report of the President's Commission for the Observance of the lwenty-Fifth Anniversary of the United Nations "Washington D C April 1971 pp 31-33 6 "U S Foreign Policy for the 1970's "A Report to the Congress by Richard M Nixon President of the United States February 9 1972 7 "U S Foreign Policy 1971 "A Report of the Secretary of State March 1972 8 Wolfgang Friedmann "Selden Redivivus- Towards the Paitition of the Seas9 "American Journal of International Law October 1971 Vol 65 No 5 p 759 PAGENO="0445" 1763 international straits within territorial seas, access for our long distance fishing fleets, and protection for ocean resources and fisheries far from our coast and jurisdiction. A more direct benefit might be some access to the mineral wealth (particularly petroleum) of the continental margins of other continents. In addition, it is worth noting that revenue disbursed by an ocean regime to less developed nations would tend to relieve the btrden so long assumed by the United States in its foreign aid program. The alternate to rational management of ocean resources through an ocean regime is horrendous. The coming age of massive development of the resources of the seabeds could precipitate a competitive scramble not unlike the colonial exploitation of Asia, Africa, and the New World by European powers. The ocean bed could be segmented by the major in- dustrialized maritime powers in a pattern similar to the present parti- tioning of the land surface. Results in the future could be the eventual enrichment of a few nations (industrial ones with capac.ity to carry out the exploitation), the improverishment of most nations, and the degrada- tion of the ocean environment. Maritime powers would likely try to cling to the historically sound pattern of freedom of the surface of the seas, even as they exploited the resources below. Coastal nations would rush to extend limits of national jurisdiction on the surface as well as on the seabeds. I recommend that the United States, in enlightened self-interest, lead efforts to create an effective ocean regime. The United Nations and Ocean Management A desire to prevent catastrophe in the management of the oceans is rea- son enough to support the development of a rational ocean regime, estab- lished with suitable authority. Vesting the United Nations with the author- ity and responsibilities of ocean management (through an international ocean authority) could result in other substantial benefits. This could lead to a more effective United Nations better equipped to deal with fun- damental political and security problems. In addition, revenue derived from leasing and royalties in connection with resource development could help finance United Nations activities, making the organization less de- pendent upon national contributions. More effective international organization - a strengthened United Nations - seems essential if the nations of the world are to adequately manage crises and deal with global problems. Progress toward sane, secure world order depends in large part upon the development of effective world organization. In my opinion, this need is a further argument for the establishment of an ocean regime to rationally manage this planet's ocean space. In conclusion, I recommend that this country support rational management of the oceans through the creation of a suitable ocean regime linked to the United Nations. In support of this end, Congress should give strong sup- port to the U. S. Draft Treaty submitted to the United Nations and should refrain from actions contrary to the spirit of that document. I urge that your committee recommend suitable changes in the existing legal regime and federal organizational structure consistent with such objec- tives. Respectfully submitted, C. Maxwell Stanley April 27, 1972 CMS:jpw PAGENO="0446" 1764 SOURCES AND BIODEGRADATION OF CARCINOGENIC HYDROCARBONS ClaudeE ZoBell Scripps Institution of Oceanography University of California San Diego Lalolla, Calif ABSTRACT biosynthesis aerial transport and terrestrial drainage seem Carcinogenic hydrocarbons (CHC) are widely to be the principal sources of carcinogenic hydrocarbons in distributed in air, soil, marine mud, water, oils(vegetable as aquatic environments. well as mineral), and other materials. Most osganisms appear to contain little or no CHC but from 1 to more What are Carcinogenic Hydrocarbons9 than 1 000 pg/kg has been detected in certain plants and Most of the so.called carcinogenic hydrocarbons are animals A major source of CHC is the combustion or complex polycyclic compounds consistIng of from four to pyrolysts of carbonaceous materials, including fossil fuels, seven unsaturated benzene-ring structures. The capacity of organic refuse, forest fires, etc. Airborne, liquid, or wild such compounds to induce cancer has been tested in pollutants tend to find their way into soil streams lakes susce~tsble ex~enmental animals by various investigators and the sea. Pertinent to the problem of oil spills is the ,19, 0,22,37, 2 Among the thousands of closely related quantity of CHC contributed by such spills as compared hydrocarbons which have been tested for carcinogenicity, with that from aerial transport, terrestrial drainage, only a few have exhibited any tendency to induce cancer. biosynthesis of CHC and other sources Whether these potentially carcinogenic compounds mduce Evidence is presented for the synthesis of carcinogenic cancer depends upon the diet, sex, species, strain, age, and hydrocarbons by various species of bacteria algae and treatment of the experimental animals Dosage mode of higher plants Although some may be retained by their administration and repetitive application influence tissues a good many animals metabolize various results42 In several species the latent period may range carcinogenic hydrocarbons and excrete the oxidation from a few days to several years. products In most aquatic environments as well as in moist According to Hesdelberger 38 the following are the aerobic soil bacteria bring about the degradation of CHC most active carcinogenic hydrocarbons listed m order of decreasing potency INTRODUCTION 20-Methylcholanthrene Carcinogenic hydrocarbons, including 3, 4-benzpyrene, ~,l0-Dimethyl-l ,2,5,6.dibenzanthracene various benzanthracenes and other polycydic or 9,lO-Dsmethyl-l ,2-benzanthracene polynuclear aromatic hydrocarbons (PAW appear to be ~ ,4-Benzpyrene; also called Benzo-3,4-pyrene, widely distribUted in the sea as well as in river water and Benzo(a)pyrene or BaP soil. The PAH content of marine plankton seaweeds fish l,2-Benzanthracene shellfish, and several other classes of invertebrates range~ l0-Methyl-l,2-benzanthracene from nil in most specimens to more than 500 pg/kg in a 1 2 5 6-Dibenzanthracene few, Up to 3,000 pg/kg of PAH has been found in certain Several other polycydic aromatic hydrocarbons exhibit marine mud samples from coastal waters. Certain some carcinogenic activity, but hundreds of closely ralated investigators have attributed the PAH content of aquatic hydrocarbons are inactive The significance of structure organisms and bottom deposits to oil spills but may be illustrated by pos" ing out that whereas 441 PAGENO="0447" 442 PHYSICAL REMOVAL... 1765 1,2,5,6-Dibenzanthracene 1,2,3,4-Dibensanthracene 1,2-Benspyrene 1 ,2,54.dibenzanthracene (Figure 1) is a potent carcinogen, 1 ,2,3,4-dibenzanthracene is carcinogenically inactive.83 Similarly, whereas 3,4-benzpyrene is a highly potent carcinogen, 1 ,2-benzpyrene is inactive (Figure 1). For further information on the chemical structure and potency of carcinogenic hydrocarbons see the References.l,23,~S,36,92 Analytical Methods The kind and quarzflt~' of PAR occurring in various materials was determined by extracting samples with spectroscopic grade ether, chloroform, or heptane. Appropriately diluted or concentrated (by distillation) S-pl aliquots were applied to acetylated strip paper. From 40 to 80% acetic acid was used to give different degrees of separation. After 4 to 24 hours development, the `fluorescent emissions were measured with a Beckman Model DU spectrophotometer having a photomultiplier attachment, using U-V irradiations.24,97 Figure 2 shows fluorescent curves for six different carcinogenic hydrocarbons. Note that each curve has three peaks or energy maxima. Occurrence of Carcinogenic Hydrocarbons in Nature Relatively little is known about the natural occurrence of carcinogenic hydrocarbons. For the most part the concentrations are very low, generally much too low to induce cancer except when animals were subjected to continuous and prolonged exposure to various tars, greases, oils, soots, and certain other combustion products. Only after the carcinogenic compounds were identified and * chromatographic techniques (mainly gas or paper chromatography) were perfected has it been practical to look for such compounds in air, water, soil, plants, animals, vegetable oils, miueral oils, and other materials. ,~O.,,.,th,.,.,, 34,OjO-0b'se,. WAYIL'NtTH sass - Attentiosi has been focussed mainly on looking for 3,4-benzpyrene and certain benz- or dibenz-anthracenes, because these highly potent carcinogens seem to be quite widely distributed in nature as well as in many man-made products.The latter include smoked fish~15 smoked meat,8' cooked sausages,26 charred meat,45.5' internal combustion engine exhaust 39,100 tobacco smoke,27,43,IOl and urban air.69,86,851,97 PAll Content of Mineral Oils. Samples of crude oil from the Persian Gulf, Libya, and Venezula were found by Grilf and Winter32 to contain 400, 1,320, and 1,600 pg/kg respectively of 3,4-benzpyrene (BaP). The BaP content of unused motor oil was 2~ pg/kg as compared with 5,800 pg/kg BaP in the motor $l after being used in an engine for about 1,400 miles. / BaP as well as a variety of I ,2-benzanthracenes, 1 ,2-benzphenanthrene (chrysene), diphenylniethane (fluorene), phenanthrene, and dibenzthiophene have been demonstrated in Kuwait crude oil.'8,67 The PAl-I content of catalytically cracked oils has been reported4l to appreciably higher in fractions boiling above 670 F (354°C) than in the crude stocks. Napthenic or asphalt-base oils generally have much greater carcinogenic potency than paraffin types.5~67 The total PAR of crude oils is rarely as much as 0.1%, of which only a small fraction consists of carcinogenic hydrocarbons, but pyrolysis may result in substantial increases in the PAR content.2,94 PAH Content of Vegetable Oils and Plants. The PAR content of unrefined vegetable oils ranges from less than 10 to more than 3,000 pg/kg.335 Slowly filtering the vegetable oils through activated charcoal removes most of the PAR. Table 1 shows the quantities of 3,4-benzpyrefle found in 63 unrefined samples of 9 different vegetable oils. 3,4-Benspyrene Figure 1. Hydrocarbons on Left are Active Carcinogens Whereas those on Right are Inactive. The Anthracene and Pyrene Nuclei are Stippled. Figure 2. Fluorescent Curves of Some Common Carcinogenic Hydrocarbons(after Thomasetal.91 PAGENO="0448" Kind of Oil Lowest Highest Average Table 1: 3,4 - Benzpyrene The BaP content of marine animals appears to be Content of Crude Vegetable Oils (pg/kg)35 correlated with the productivity of the water in which they live and the degree of terrestrial pollution. In general, animals living on or in badly polluted bottoms have a higher BaP content than actively swimming pelagic species. Up to 5,000 pg/kg BaP has been reported in mud samples Coconut 17.9 48.4 collected from highly productive waters subject to Sunflower 5.1 15.3 10.6 terrestrial pollution (see Table 3). The PAH content of Palm kernel 1.3 6.0 4.1 marine bottom deposits is believed to be derived largely Rapseed 1.3 4.0 2.8 from terrestrial pollution, including land drainage and Peanut 1.3 2.7 1.9 rainfall, and partly from the biosynthesis of PAFI by Soybean 1.5 1.9 1.7 bacterial and algal growth in the sea.10 11,44,73,74 Linseed 1.3 1.5 Sea water from which plankton and other particulate ~cttonseed ~ 1:2 materials have been removed by filtration or centrifugation _~___~ . . generally contains no detectable PAH. The particulate Binet and Mallet4 demonstrated the occurrence of materials removed from sea water in certain regions may 3,4.benzpyrene in forest soil and associated vegetable contain appreciable quantities of BaP and other PAH. The materials in amounts as follows: particulate material was not removed from the Clipperton Lagoon water samples which were reported73 to contain Forest Soil 4 to 8 pg/kg from 34 to 4Opg/kg BaP. The BaP content of various plants Hypnum moss 3 to 46 " and animals living in the lagoon water ranged from 7.5 to Polyporus fungus 6 to 7 " 536 ug/kg. PAll Content of Terrestrial Streams, Lakes, and Soil. Climbing ivy 9 to 85 Unfiltered water samples from Lake Constance and the Various mosses 9 to 19 " Rhine River were found7 to contain 25 different PAH, including 3 4-benzpyrene (BaP), 3,4-benzfluoranthene, Fallen oak leaves were found by Mallet to contain up to 10 11-benzfluoranthene I l,12.benzfluoranthene, 300 pg/kg of 3,4.benzpyrene. At first Mallet and associates l2-benzperylene, and 1 ,2-benzanthracene.8 Suspended interpreted this as indscatsve of aerial pollution of plants by solid matter recovered from Lake Constance and Rhine PAH, but more recent observations summanzed in a River water was found to contain around 10 pg/kg PAH. following section of this paper suggest that many kinds of Borneff and Fisher9 calculated that Rhine River water plants synthesize PAH. carried around 0.075 mg of carcinogenic PAH per cubic Mallet and Priou6l reported finding up to 350 pg/kg of meter. Such carcinogens could be removed from water by 3,4.benzpyrene in seaweeds and grasses harvested from passage through activated charcoal but not by chlorination. Saint-Malo Bay, France. Seaweeds and grasses harvested From 10 to 8,500 pg/kg of BaP has been reported56 to from Clipperton Lagoon, where there has been relatively occur in sediments from the Seine River. Assuming an little pollution, contained an average of 440 pg/kg of average load of 25 grams of such suspended solids per cubic 3,4-benzpyrene.71 Both values are reported on a dry.weight meter of water, the Seine would be carrying from 0.25 to basis. 214 pg of BaP per cubic meter. An apprecialbe part of the Investigations525359~60627l77 in widely scattered PAH content is believed to be derived from soil and regions have demonstrated the presence of from 2 to more atmospheric precipitation. Biosynthesisin the water and oil than 1,000 pg/kg of 3,4.benzpyrenein numerous samplesof pollution of the water are believed to be of secondary marine plankton consisting predominatly of importance. phytoplankton. The highest concentrations of BaP seem to The occurrence of from 2 to 1,300 pg/kg of gar en or occur in plankton samples collected from polluted waters. investigators.634~555890~lO4 ildhbtt areas near BaP Content of Marine Mud and Animals. A large Moscow the concentration of BaP in soil was found by variety of marine animals (see Table 2) have been shown to Shabad90 to be two or three times higher than in new areas contain appreciable quantities of 3,4-benzpyrene. There closed to heavy traffic. From 10 to 550 times more BaP appears to be some correlation between the BaP content of was found in soil in the vicinity of intensive combustion animals and the pollution of water or bottom deposits, but exhausts than in soil removed from any kind of certain animals collected off the west coast of Greenland b stion* and from Clipperton Lagoon (regions of little pollution) com~:~1 Sarspling region BaP, pg/kg contained about as much lisP as the same classes of animals Intensive combustion exhausts 19 100 Co lected from badly polluted regions. District of oil buildings 346 Piccinetti77 detected BaP in only 35 individual animals Another district in Moscow 268 out of 276 individuals representing 53 different species Distrirt of new housing is Moscow 105 collected along the Adriatic coast. BaP was found in a Suburban area of Moscow 81 higher percentage of plankton feeders than in higher Farm field near Moscow 79 trophic level feeders like fish. Protected water storage area nil 1766 CARCINOGENIC HYDROCARBONS 443 PAGENO="0449" 1767 444 PHYSICAL REMOVAL... Table 2: Quantities of 3,4-Benzpyrene Detected In Marine Animals (Values are expressed as pg/kg dry weight of animal tissue)* Kind of animals Geographic location BaP, pg/kg Reference Oysters Norfolk, Virginia 10 to 20 17 French coast Ito 70 57 Mussels Toulon Roads, France 2 to 30 33 Holothurians Villefranche Bay, FranceS up to 2000 West coast of Greenland nil 49 60 Codfish and shellfish """" 16 to 60 60 Fish nad shellfish Saint-Malo Bay, France 3 to 125 61 Fish and crustaceans Villefranche Bay, France nil to 400 63 Crustaceans Arctic Oeean nil to .230 . Isopod crustaceans Clipperton Lsgoon to 530 70 Various fishes Adriatic Coast, Italy nil to 900 77 Invertebrates " " " nil to 2200 77 Table 3: Quantities of 3,4-Benzpyrene Detected inBottom Deposits Material Geographic location BaP , pg/kg Referen Ce Mud (42 stations) Tyrrhenian Sea 1 to 3000.~ Mud from pyster beds French coast 90 to 2840 12 Mud (17 stations) Mediterranean coast up to 1800 Mud (8 stations) Villefranche Bay, France 16 to 5000 Mud (12 stations) French coast nil to 1700 48 50 Mud and sand Vilefranche Bay, France nil to 1700 Calcareous deposits Franch coast 8 to 59 57 75 Surface mud Italian coast nil to 2500 . Mud (218 samples) Adriatic coast nil to 3400 89 77 Table 4. Quantities of PAH Resulting From Combustion of One Gallon of Commercial Gasoline (calculated from data published by Hoffman and Wynder 40) PAH mg/gal pg/kg 1,2,5,6-Dibenzanthracene 0.007 2.6 10,ll-Benzfluoranthene 0.047 3,4-Benzpyrene 0.088 17.4 l,2-Benzanthracene 0.172 1,2-Benzphenanthrene 0.175 3,4-Benzfluoranthene 0.179 66.2 I ,2-Benzpyrene 1.181 426.9 77-463 0 - 72 - pt. 3 - 29 PAGENO="0450" 1768 CARCINOGENIC HYDROCARBONS 445 PAH Content of Air and Combustion Products. Biosynthesis of Carcinogenic Hydrocarbons Appreciable quantities of BaP and certain other carcinogenic hydrocarbons occur in city PAH Synthesis byfiactersa. Based on API Research ~ 27,39 46698691 96 100 Based on analyses of air Project 43A work on the part played by bacteria in the samples from several large cities, Falk and Kotin27 record origin of oil, ZoBell'07 reported that anaerobic bacteriaL the following mean Ba? contents expressed as pg of Ba? synthesized appreciable quantities of liquid and sohd per 100 cubic meters of air under standard conditions: hydrocarbons. Extracted from a 5-gallon culture was 1,640 mg of oily material, 367 mg of which consisted mainly of St. Louis 540 PAH. London ~`o Several species of bacteria have been shown44 to Cleveland 250 synthesize 3,4-benzpyrene,' 3,4- and Chicago 15.0 1O,11-benzfluoranthene, and 1,2-benzanthracene in Copenhagen 103 glycerin-fructose agar initially devoid of hydrocarbons Oslo 08 (Table 5) The PAH was synthesized mtracellulary Moscow 0.2 The anaerobic bacterium Clostridium putride was The pyrolysis of various carbon compounds is the reportedl6 52 53 66 to assimilate lipids associated with principal source of PAH in the air From 0007 to 130 dead plankton forming from 120 to nearly 8000 pg BaP grams of Ba? ss,produced per ton of coal burned by various per kg of plankton (dry weight basis) The plankton firing methods ~6 Mostly less than 002 grams of BaP ~ contained from nil to 127 pg Ba? per kg Under aerobic liberated into the air per ton of coal burned in modern conditions, mixed cultures of bacteria destroyed the BaP, stokers. whereas under anaerobic conditions, bacterial growth From 0 165 to 570 pg of Ba? plus appreciable ~~~e3d6~n an increase in the BaP content (Table quantities of other PAH, is produced per kg of organic " refuse incinerated96 Comparable quantities of PAH per Clostridium putride was reported 65 synthesize from unit of vegetation burned result from forest, brush, and 20 to 42 pg Ba? per kg of garden soil at room temperature. grass fires. Under similar experimental conditions, Escherichia colt Meaningful amounts of Ba? and other PAH are produced from 22 to SO pg Ba? per kg of soil enriched with liberated into the air incidental to the war, normal fatty acids65 degradation or incineration of rubber tires The mean Bacillus badius was observed72 to synthesize 0084 pg amount is in the neighborhood of 30 mg Ba? per gram of Ba? and 03 ug of perylene (a weakly active carcinogenic rubber 28 ?AH) per liter of nutrient medium in 7 days of 36 C Highly variable amounts of PAH result from burning Somewhat more of these two carcinogens were synthesized crude oil or products derived therefrom. The amount by Bacillus badius in nutrient medium enriched with depends on the material and the method of its combustion lyco~,ene p -carotene naphthalene acetate and vitamin Burning fuel oil in steam plants or for heating purposes - results in the liberation of from 0.05 to 50 grams of Ba? Field observations in Clipperton Lagoon by Niaussat per ton of oil, and associates 70,73,74 confirm the microbial synthesis of The exhaust resulting from thecombustion of a gallon ~aPu~sder natural conditions in sea water and bottom of commercial gasoline in an internal combustion engine was found by Hoffmann and Wynder4O to yield an average PAH Synthesis by Algae and Higher Plants. The of 2.8 grams of aerosols containing appreciable quantities freshwater alga Chlorella vulgaris was shown by Borneff et of PAR Some of the compounds which were identified are aLlO 11 to synthesize BaP and other carcinogenic PAH reported in Table 4. Somewhat smaller amounts of PAH (Table 7). Unequivocal evidence for the biosynthesis of were produced when oil consumption was low More than PAH was obtained by demonstrating the conversion of twice the amounts of PAll recorded in Table 4 were Cl4 tagged acetate by algal cultures Duplicating the results produced when oil consumption was high.39 Burning a adds to the significance of the observations. The presence gallon of fuel in diesel engine results in the liberation of of Cl4 in the PAH demonstrates that the PAH was large amounts of PAH.!°O synthesized from acetate by the algae and that it did not Ba!' Content of Tobacco Smoke. The smoke from come from extraneous sources such as PAH in polluted air average size cigarette contains about 0.01 pa of Ba? and or culture medium. (The common occurrence of PAH in larger amounts of certain other carcinogens27 Cigars and air, especially in urban or laboratory air, often makes it pipe tobacco also yield PAH in smoke as well as in tars.30 extremely difflcult to assay vanous kinds of samples for Exclusive of China, the worldwide consumption of minute quantities of PAH.) cigarettes in 1968 was 2,500 billion.95 Smoking this many Wheat, rye, and lentil synthesize various PAH.3' These Cigarettes is calculated to yield at least 25 kg of Ba? plus grains were grown in nutrient solutions prepared with high other PAH. This is approximately the Ba? content of purity chemicals which were tested for the absence of PAll. 25 000 tons of crude oil assuming its average Ba? content After the seeds had germinated and the plants had attained tO be 1 000 pg/kg a height of about 10 cm they were examined for PAH by PAGENO="0451" li~ PHYSICAL REMOVAL... 1769 spectrographic techniques. Compared to control media and non-germinated seeds, the BaP content in the plants had increased between 10- and 100-fold. BaP and certain other carcinogenic hydrocarbons have been detected in nuMerous plant species (see section on PAH Content of Vegetable Oils and Plants). This poses the pertinent question whether such PAH content represents extraneous contamination or does it represent synthesis of PAll by the plants and bacteria. Both procesaes are probably widely operative. Before claiming that PAH found in marine phytoplankton or other vegetation is due to pollution, it must be established that the higher plants did not synthesize the PAH. Biodegradation of Carcinogenic Hydrocarbons PAH Metabolism by Animals. There is voluminous literature on the fate of PAH in experimental animals, mostly mice, rats, rabbits, and dogs. In one of the earlier comprehensive reviews, YounglO2 cites 385 references bearing on the animal metabolism of carbocyclic compounds, including several PAll. In a more recent article, hel03 reviews 71 articles on the oxidation of PAH by rats and rabbits. Many animal species are known to metabolize BaP.l3,l4,l 5,42,68 During the last decade, improved chromatographic techniques have facilitated the detection of carcinogenic PAll and their metabolic products. According to Boyland,l4 who has published nearly 200 papers on this subject, the slightest change in the molecule of such substances as benzanthrenes, phenanthrenes, benzpyrenes, etc. usually renders them non-carcinogenic. In other words, complete oxidation or degradation of the carcinogen is not required for its detoxification. Various carboxylates, hydroxy compounds, quinones, and ethereal sulfates are common metabolic products of PAH. Ordinarily, such products are not carcinogenic and they are excreted by animals under favorable conditions. Such products are usually more susceptible to further oxidation than the parent PAH. The conversion of BaP to various oxidation products by the action of benzpyrene hydroxylase in weanling rats has been reported by Conney et al.21 Moat of the BaP fed with chow to cockroaches was excreted in feces.82 Part of the BaP was metabolized within the cockroaches, because the input of BaP exceeded the amount excreted plus that remaining in the tissues and gut. The annelid worm Tubifex was observed88 to absorb BaP from polluted water. Although BaP accumulated in the worm's tissues in amounts as high as 52 pg/kg dry weight, some was metabolized by the worms. The metabolism of various PAH has been demonstrated in a number of different invertebrate species. However, it has been difficult to determine whether the PAll was oxidized by the invertebrates or by microorganisms occurring in the gut or growng on the integument. Mciorbial Degradation of PAN. Two potent carcinogenic hydrocarbons, l,2-benzanthracene and l,2,5,6-dibenzanthracene, as well as naphthalene, anthracene, and phenanthrene were shown by Sisler and ZoBell93 to be oxidized by large populations of mixed cultures of marine and soil bacteria. More recent observations by the author and his associates, using chromatographic techniques, have demonstrated that PAH-degrsding microorganisms commonly occur in polluted soil and water. The disappearance of as much as 100 ~zg of BaP and certain other carcinogenic hydrocarbons per liter of medium inoculated with 10 ml of polluted water or mud has been demonstrated after two to four weeks incubation at 25°C. Their own observations and some of the extensive literature on the microbial oxidation of naphthalene and related compounds have been reviewed by various investigators.4047,84,8S,98,99,l05,l06 The susceptibility of various PAll to microbial degradation is well established. Urgently needed is more information on the rates of such degradation where soil or water is subject to pollution with * carcinogenic hydrocarbons. Also needed is more information on the kinds of microorganisms which are involved in biodegradation reactions. Certain bacteria growing in oil-polluted soils were observed by Petrikevich et al.76 to accumulate BaP in their cells. At least part of the BaP was metabolically transformed. From soil having a BaP content of between 100 and 200 jig/kg Poglazova et al.78 isolated 17 strains of bacteria, all of which accumulated BaP in their cells. When cultured in nutrient medium treated with about 200 pg of BaP per liter, each of the 17 bacterial strains was found to degrade BaP in amounts ranging from 4 to 82%in 4 months at 28°C. Degrade means that the bacteria brought about changes in the quasi-linear spectra of fluorescence in n.octane. Within 8 days an average of about 40% of the BaP was degraded. Table 8 shows the amounts of BaP degraded by various bacteria growing in nutrient medium.79 Mixed cultures of soil bacteria growing in medium containing around 200 jig BaP/kg were found79 to degrade an average of 85% of the BaP within two months at 28°C. - Table 5: Quantities of Carcinogenic Hydrocarbons (CHC) Synthesized per Kilogram of Bacterial biomass (from Knorr and Schenk44) Species jig CHC Mycobacterium smegmatis 60 Proteus vulgaris 56 Escherichia coli (strain 1) 50 Escherichia cio (strain 2) 46 Pseudomonas fluorescens 30 Serratia marcescens 20 Within the range of 20 to 500 jig/liter, the amount of BaP added to nutrient medium did not greatly influence the percentage of BaP degraded by Bacillus megaterium growing in nutrient medium.80 Some representative data are summarized in Table 8. PAGENO="0452" 1770 CARCINOGENIC HYDROCARBONS 447 Sample Incubation Initial BaP number condition (pg/kg) Table 8: Degradation of 3,4-Benzpyrene (BaP) by Bacteria in Nutrient Medium Incubated at 28°C (from Poglazova et al.80) Table 6: Effects of Mixed Cultures of Bacteria on 3 4-Benzpyrene (BaP) Content of Dead Plankton52 53 BaP pg/kg after 15 days 42 Aerobic 127 4.0 49 " 49 nil 102 " 88 0.3 186 " trace nil 43 Anaerobic 58 8000 46 " trace 120 211 " trace 160 212 " nil 180 238 " nil 210 230 ,, ` nil 1200 Table 7 Quantities of PAH Synthesized per Kilogram of Algal Biomass Formed From Normal Acetate and C14 - tagged Acetate (from Borneff et a!. 10,11) PAH Normal Acetate Cl4 tagged acetate 3,4-Benzpyrene (BaP) 0.7 pg 0.8 pg 1l,12-Benzfluorenthene 1.4 " 1.5 " 1,2,3-Indenopyrene 1.8 " 1.7 " Benzo (ghi)perylene 2.2 " 2.3 " 3,4-Benzofluoranthene 3.9 " 4.2 " l,2-Benzanthracene 7.8 " 6.5 " Fluoranthene 58.0 " 62.0 " Culture or strain BaP in medium, pg/leter Per cent Initially After 4 daya ~ Mycobacterium lacticola B3 280 188 33 D5 280 237 15 * Mycobacterium flavum B4b 280 200 29 C1 280 145 48 Mycobacterium rubrum B4a 280 241 14 D2 280 128 * 54 Mycobacteriusn smegmatis 280 * 180 35 Bacillus megaterium mutant 280 170 15 PBK No. 5 200 160 20 PBKNo. 13 200 166 17 2/P 200 190 5 PAGENO="0453" 448 PHYSICAL REMOVAL 1771 Bacteria isolated from soil containing appreciable quantities of BaP were found by Poglazova et alSO to be much more active in degrading BaP than the same or similar bacteria which had been cultivated for considerable time in the absence of BaP or related PAH. This is true of many kinds of hydrocarbon-oxidizing bacteria.105,106 SUMMARY Various kinds of carcinogenic hydrocarbons (CHC), including 3,4'benzpyrene and some I ,2-benzantheacenes, have been found in coastal bottom deposits, plankton, and marine animals. Suspected sources of such CHC in the sea include the aerial transport of combustion products, terrestrial draitiage, synthesis of CHC by bacteria or higher plants, and pollution by oil or other materials. The CHC content of most samples of marine mud, plankton, and animals is less than 0.1 pg/kg (dry weight), but more than 1,000 pg/kg has been found in a few specimens. Based on data obtained from the analysis of only a few, samples, the CHC content of crude oils appears to range from less than 100 to more than 1,000 pg/kg. Combustion or pryolysis of mineral oils, coal, and all kinds of organic materials tends to generate appreciable quantities of CHC. Air in industrialized regions has been shown to contain from 0.2 to 54 pg 3,4-benzpyrene (BaP) per m3. Smoke from the 2,500 billion cigarettes consumed annually on a worldwide basis is calculated to account for as much BaP as the amount in 25,000 tons of crude oil, assuming the average BaP content of the latter to be 1,000 pg/kg. The BaP content of forest and garden soils has been found to be from nil to 1,000 pg/kg (dry weight). Much higher concentrations of BaP have been reported in soil in regions of intensive combustion exhausts. Suspended solids filtered from river and lake water in highly industrialized regions have been found to contain from 10 to 8,000 pg BaP/kg. This is equivalent to 25 to 214 ug BaP/m3 water. The average BaP content of certain unrefined vegetable oils ranges from 1,2 to 43.7 pg/kg, coconut oil having the highest content. Appreciable amounts of BaP and other CHC have also been detected in various species of bacteria, algae, and higher plants. In many cases it is problematical whether the CHC content is attributable to pollution or to biosynthesis. Evidence is presented for the synthesis of BaP by certain bacteria, algae, and higher plants. The biodegradation of various CHC by bacteria is well documented. Key references are also given to the voluminous literature on the metabolism of CRC by mice, rats, rabbits, dogs, and invertebrates. REFERENCES' 1. G. M. Badger, "The Carcinogenic Hydrocarbons: Chemical Constitution and Carcinogenic Activity," Bnt. ,t. Cancer, 2,309-350(1948). 2. M. A. Bestougeff, "Petroleum Hydrocarbons," in Fundamental Aspects of Petroleum Geochemistry, B. Nagy and U. Colombo (eds.), 77-108, Elsevier Pub. Co., NewYork(1967). 3. G. Biernoth and H. E. Rost, "Vorkommen polycyclischer, aromatischer Kohlenwasserstoffe in Speis&ólen und deren Entfernung," Arch. Hyg. Bakt., 152, 238-250 (1968). 4. L. Binet and L. Mallet, "Diffusion of Polybenzene Hydrocarbons in the Living Environment," Gaz. 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PAGENO="0456" 1774 CARCINOGENIC HYDROCARBONS 451 82 RH Rigdon and J Neal Absorption and Excretion 94 G C Speers and E V Whitehead Crude of Benzpyrene in the Cockroach (Periplaneta Petroleum," in Organic Geochemistry: Methods and americana), "Experientia, 19,474477(1963). Results, G. Eglinton and MT. J. Murphy (eds.), 83. J. C. Roe, "Cancer Inducing Agents," Science St., 2, 638-675, Springer-Verlag, New York (1969). 3842 (1966). 95. Statistical Abstracts of the United States, Abstracts, 84 M H Rogoff Oxidation of Aromatic Compounds U S Dept of Commerce (1970) by Bacteria Adv Appi Microbiol 3 193 221 96 A C Stern (ed) Air Pollution Sources of Air (1961) Pollution and Their Control 2nd ed Vol 3 866 pp 85. M. H. Rogoffand I. Wender, "The Microbiology of Academic Press, New York (1968). 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Spill Dale Straughan, U. of Southern California Introduction There is a widespread belief among a large portion of the population that after an oil spill the area will become desolate - never to recover again. When it does not happen, there is often an air of disbelief and confusion. This is partly because of apparently con- flicting reports after oil spills. There is a demand for a cut-and-dried answer to problems - a "yes" or "no" - without any regard for the complexity of the matter. However, while general predictions can be made, there is no answer yet to the question, "What will be the environmental impact of an oil spill?" I plan to discuss what I consider to be the nine most important factors that individually and in combined interaction result in the recording of different changes after different oil spills. The biological damage caused by an oil spill will be governed by a combination of several factors including: (1) the type of oil spilled, (2) the dose of oil, (3) the physiography of the area of the spill, (4) weather conditions at the time of the spill, (5) the biota of the area, (6) the season of the spill, (7) pre- vious exposure of the area to oil, (8) exposure to other pollutants, and (9) the treatment of the spill. As will become obvious in the discussion that fol- lows, even these categories are not cut and dried. Type of Oil Spilled This is probably the most important factor. Table 1 gives a summary of the circumstances and docu- mented damage after six oil spills. The immediate damage was recorded as greatest after the two spills that involved diesel oil. The heavier oils had a smothering rather than a toxic effect in the intertidal zone. They also resulted in greater sea-bird mortality than the lighter diesel oils. Part of these differences are due to differences in composition of the oils in- volved and part to the differences in behavior of the oils. For example, Santa Barbara crude oil tends to float on the surface of the water and is relatively insoluble in water, but the No. 2 diesel oil spilled from the Florida spread rapidly through the water column. In the former instance, organisms at the water surface - the neuston and pelagic birds * and inter- tidal organisms are the main groups exposed to the oil, whereas in the latter case the surface-dwelling organisms received relatively less exposure to oil, but the whole environment was exposed to the oil. The No. 2 fuel oil contained 41 percent aromatic hydrocar- bons' 2 and no asphaltenes. The Santa Barbara crude is low in aromatic hydrocarbons' and is asphaltic. Composition of the oil also governs any visible residue left after a spill. In June, 1970, oil was not immediately visible on the mud flats in Wilde Harbor, which was polluted by No. 2 diesel in Sept., 1969. However, when water accumulated in fresh footprints in the mud, an oil film was visible. In Santa Barbara, on the other hand, asphaltic deposits remain in crevices on the beaches not cleaned by Union Oil Co. of California and from natural seepage. The differences in effects of different oils has been There are many and varied factors related to oil, biota, and the environment. And because individually or in combination those factors produce a highly complex situation, it is impossible to predict, except in a general way, the impact of an oil spill. 250 JOURNAL OF PETROLEUM TECHNOLOGY PAGENO="0458" Dose of Oil It is logical that the more oil an area is exposed to in a spill the greater will be the effects in that area. That is, it is not only the volume of oil spilled that is important, but also the area over which it is spread. Oil was confined to a small area following the spill from the Tampico IvIaru. Several months after the spill, oil was still a foot deep in some intertidal poois.° The Santa Barbara spill spread over some hundreds Biota of the Area of square miles on a more open coastline and, a!- When dealing with the possible effects on biota, birds thoughmore oil was spilled, it remained in high con- must be considered separately. Experience in Great centrations only in rock pools and for short penods Bntam and in Santa Barbara has shown that it is Kanter et a! reported predictably longer survival of not necessarily the most abundant bird species that M) tilus californianus when exposed to low concen suffers the highest mortality Instead it is usually trations of oil (1 X 10 ppm) than when exposed to pelagic species such as auks - as in the case of the high concentrations of oil (1 X 10 ppm) Torrey Canyon and loons and grebes - as in the Santa Barbara Channel. Although oil that floats on Physiography of the Area of the Spill the surface gives other pelagic and benthic species Physical features such as water currents coastal for a better chance of survival than oil that disperses in mations, and wave action~ are important in the dis- water, the former is a direct threat to diving birds tribution and time of exposure of an oil spill Take or birds that spend a large part of their time swim for example the distribution of oil after the Santa ming on the surface Hence an oil spill such as the Barbara spill The oil was distnbuted through the No 2 fuel oil spill is less dangerous to these species influence of both wind and water currents. The wind than a crude oil spill. initially drove the oil in a southerly direction and Rehabilitation of oiled birds will also vary with the then changed to drive it in a northeasterly direction. species involved. Species such as gulls have a high Platform A is situated so that fall and winter water survival rate at treatment centers and Odham re curients will carry oil both north and south along the cently reported considerable success jn rehabilitating mainland coast Oil spilled in other areas of the Chan seabirds in the family Anatidae (ducks and swans) nel would not necessarily be so widely distributed. At the same conference, both Odham and P. Stanton Following the Tampico Maru oil spill the area was agreed that they were pessimistic about the chances exposed to high concentrations of oil for several of rehabilitating birds such as auks months The vessel grounded at the entrance to a Blumer et a! reported that two commercial species cove, releasing most of the oil into the cove and - the oyster, Crassostrea virginica, and the scallop, sheltering the cove from wave action There was no Aequipecten irradians - were retaining oil and that removal of oil by wave action until after the vessel the latter species was actually incorporating this oil broke up the following winter, After the Santa Bar- into muscle tissue. As a result of this and the redis- bara spill, oil was removed from exposed rocks by tribution of oil mentioned above, shell-fish beds were wave action in less than 3 weeks However oil still closed for a second season and some areas uncon remains in sheltered crevices in other areas some 2½ taminated in the winter of 1969 70 became cont.ami years after the spill. Other authors8'9 reported high nated and were closed in the 1970-71 winter. mortality and retention of oil in mangrove and marsh The findings of Mackin and Hopkins14 and Mackin areas when oil was trapped in such sheltered places. and Sparks~ in the Gulf of Mexico differ markedly. They found that oysters did not accumulate oil in Weather Conditions at the Time of the Spill tissues and that "oily" oysters would clean themselves Although the weather conditions in the Santa Bar if placed in clean seawater for several weeks These bara Channel were not the cause of the spill they two examples partly illustrate I think the different were a significant factor in the fate of the oil. During reactions of different species to oil. The issue here is this period, Southern California received unusually partly clouded by the fact that different oils and tech- MARCH, 1972 25i 1776 demonstrated by Ottway.4 She tested the survival of Littorina littoralis exposed to 20 different crude oils and showed that different crude oils vary widely in their toxic effects on intertidal organisms. She com- mented, "It is also apparent. . . that the blackest and thickest crude oils are the least toxic, while the trans- lucent thin, brown oils are the most toxic at 16°C. This is a very important fact, since a thick, black oil, when washed up on to a shore, is very conspicuous and therefore usually readily dealt with. A thin, brown oil washed up in the same way, however, is virtually transparent and may therefore go unnoticed, even though its toxicity may be 90 X as great as that of the thick black oil." heavy seasonal rains. Peak flooding occurred on Jan. 25 and again on Feb. 25. At the time of the oil spill there were large amounts of sediment in the Santa Barbara Channel. Oil slicks usually penetrated only a short distance into these sediment plumes and the initial deposition of large quantities of oil occurred in areas of high flood-sediment deposition. Kolpack1° states "the mechanism responsible for the relation- ship appears to be the adsorption (or sorption) of oil on the suspended detrital particles introduced into the area as a result of flood runoff." Hence, the sediment acted as a sinking agent and prevented oil from reach- ing the shore. In other areas the high seas and winds drove the oil onto roadways and houses. Under non- storm conditions, the situation would have been quite different The resulting flooding also confused the issue in that inshore salinities were low and sedentary species were under stress before being exposed to oil; there may also have been an increase in pesticide levels in the Channel because orchards in the hinterland were sprayed just before the rains. PAGENO="0459" niques were involved. Following the Santa Barbara oil spill, I studied the effects on breeding and larval settlement in three species of barnacles in the field - Chthamaius fissus, a sessile barnacle found in upper intertidal areas, Balanus glandula, a sessile barnacle found in mid- intertidal areas, and Pollicipes polymerus, a stalked barnacle found in lower intertidal areas.16'1' These three species brood eggs within the body cavity. Hence it is a simple matter to determine the fraction brood- ing eggs and the stages of development of the eggs. I did not detect any effect on breeding in either C. fissus or B. glandula. However, in P. polymerus with oiled exteriors there was a significant reduction in the fraction of adults brooding eggs. B. glandula settled on oil prior to March 18, 1969 - that is less than 7 weeks after the spill. C. fissus was not recorded from oiled surfaces until Nov., 1969.1 P. polymerus has still not been recorded from moderately or heavily oiled surfaces. It has been recorded from lightly oiled surfaces, but it is not known if these surfaces were oiled before or after larval settlement. B. glandula, which settled first, has a calcareous basal plate that separates the animal from the sub- strate and that is absent in C. fissus. This basal cal- careous plate, which prevents direct exposure of the animal to the oiled substrate, may be the character- istic that permits B. glandula to settle on oiled sur- faces earlier than C. fissus. P. polymerus has a non- calcareous stalk. B. glandula is a larger barnacle than C. fissus. As a result, in areas where the oil covered the rocks in TABLE 1-COMPARISON OF CIRCUMSTANCES Spill Locality. Date Oil Tampico Baja, California March 29, 1957 Diesel, total Maru 9,380 cu m (`/~ lost on stranding) Florida Falmouth, Sept. 16, 1969 No. 2 diesel oil Mass., U. S. 650 to 700 cu m Torrey Isles of Scilley March 18, 1967 Kuwait crude Canyon off Cornwall, 96,000 cu m England a thick layer, C. fissus was smothered, whereas B. glandula survived because the mouth remained above the oil.' This illustrates the different responses of species of the same group to the same oil spill. One could also speculate on how specialized communities such as those found on mangroves or coral reefs could survive an oil spill. However, from the foregoing ex- amples I think it is clear that within cothmunities different species will show different tolerances to oil. Another factor not frequently considered is that the presence of oil will influence the composition of the recolonizing community. For example, oiled sur- faces are colonized more rapidly by C. fissus than by algae in the upper intertidal zone in Southern Cali- fornia.1' While these areas tend to support algal com- munities with associated grazing species as well as barnacle communities, in the presence of oil the bal- ance could be disturbed and the area become domi- nated by barnacle communities. Season of the Spill Data collected from sandy beaches in the Santa Bar- bara area during 1969 and 1970 showed that fewer species and fewer animals were present on the beaches during the winter than the summer"' Assuming that this is a normal seasonal pattern, more sandy-beach animals would be exposed to an oil spill during the summer than during the winter months in the Santa Barbara area. Because little or no rain falls in this area during summer, these animals would not be placed under further stress by low salinities. AND DOCUMENTED DAMAGE OF OIL SPILLS Acute Damage 1777 Oil Rig Santa Barbara Jan. 28, 1969 Santa Barbara Channel, crude oil U.S. Arrow Nova Scotia, Canada Detergent O Very high mortality recorded 1 month after spill. Six years later, recovery almost complete. Rocky cover 1/2 mile entrance; three fourths of cove blocked.' O 95 to 100 percent mortality in inter' tidal and subtidal areas to 10 ft." June, 1970, intertidal marsh grass still dead and no sign of recovery in intertidal areas. (Per. sonal observation) 21/3 million gal Damage greatly increased where at sea and about detergent was used. Some areas 140 miles English fully recovered but others not beaches 3 years later. Bird mortality re- corded."' 43,010 gal over 13 Mortality patchy in intertidal and months at sea confined to areas covered with thick oil. Recovery of algae and sea-grasses and resettlement of barnacles commenced in 1969. Oil smothering rather than toxic. Bird mortality recorded. (Allan Hancock Foundation Report)'~"' minimal Smothering of some intertidal ape cies; some bird mortality. (Re- port of the Task Force-Opera- tion Oil)" O Mortality patchy in intertidal and confined to areas covered with thick oil. Oil smothering rather than toxic. (Personal observa- tion). Bird mortality at least dou- ble that estimated for Santa Bar- bara, Feb.4, 1970 BunkerC 12,000 cu m Tanker San Francisco, Jan. 18, 1971 Bunker C about Collision Calif., U. S. 2,222 Cu m 252 JOURNAL OF PETROLEUM TECHNOLOGY PAGENO="0460" 1778 Work at present under way at the Allan Hancock Foundation, U. of Southern California, is examining seasonal variation in the tolerance of M. californianus to Santa Barbara crude oil. Preliminary results indi- cate that there is a seasonal difference in tolerance to oil Recolonization will also depend on the season of the spill B glandula which settles between Janu ary and June in the Santa Barbara area, would not recolonize an area between July and December. This seasonal difference in tolerance to oil could be due to physiological changes in the life cycle of the animal or it could be the result of changing tem perature. The toxicity of different crude oils to L. littoralis varied with the water temperature.4 In some cases this could be a result of changes in the oil at dif- ferent temperatures, but one could also expect changes in tolerance of the animals at different temperatures. Previous Exposure of the Area to Oil This applies in areas of natural oil seepage, such as the Santa Barbara Channel, and in industrial areas, such as oil installations and harbors. These latter areas are often already polluted from other sources so that it may be difficult to determine the effects of previous exposure to oil. Following the Santa Barbara oil spill the hypothe sis was advanced that because these animals had been exposed to small doses of oil for a long period, they may have built up a tolerance to oil and this may be one reason why mortality was not so high as predicted. Research on this hypothesis using the com- mon California mussel, tvJ. californianus, is at present under way at the Allan Hancock Foundation. Kanter et al.° found that animals from Coal Oil Point, a natural oil-seep area, are able to survive exposure to oil for longer periods than animals from areas where there are no oil seeps, both from within and outside the Santa Barbara Channel. However, results from another incomplete study on reproduction in it'! californianus suggest that breeding may be in hibited to some extent in oil-seep areas, compared with non-oil-seep areas. The effects of continuous low-level chronic pollu- tion from oil installations were studied by Baker19 and Crapp2° in Southampton Water and Milford Haven, respectively. Baker found that continuous oiling of the leaves in a marsh at Southampton dam- aged plants, but the plants survived in oily sediments if the leaves remained clean. Crapp reported a pollu- tion gradient in the intertidal zone when effluents (>25 ppm oil) were discharged onshore, but no such damage when effluents were discharged offshore in areas of good dispersion Exposure to Other Pollutants Little information is available on this problem. How- ever, if a species is already stressed through the pres- ence of one pollutant, a second pollutant in what normally would be sublethal doses, may be lethal. Kanter et al found a vanation in survival rates be tween animals from different nonseep areas. This is possibly due to the different exposure of these ani- mals to other pollutants at different localities Some scientists believe that the synergistic effects of oil and MARCH, 1972 DDT could have serious effects, and it is true that oiled sediments in the Detroit River do contain a higher percentage of DDT than nearby unoiled sedi- ments.2' However, this basically remains a new area of research in which there are more questions than answers. Treatment of the Spill The least harmful method of treating a spill is to contain the oil and pick it up. In many instances this is a difficult or impossible task. Burning is another alternative that works under certain conditions, as do steam cleaning and sand blasting. All involve some damagç to the intertidal zone. The most widely used method to clean up beaches in the U. S. is to use straw as an absorbent. The problem is that it is im-. possible to collect all the oily straw, particularly if it is used in rocky areas, so it will usually end up being deposited in the upper intertidal area. It is still present in some parts of the Santa Barbara Channel, more than 2½ years after its use. It has a crumbly texture, and although it does provide a substrate that allows settlement, it is unstable so that those organisms settling on it are usually removed in storms. Hence the presence of oily straw on a surface can delay the recovery of an area. As mentioned previously, simply leaving the oil on the substrate can cause a change in the community structure in the area and there is a lag period during which the shores will remain black with oil and no recolonization will occur. The use of a sinking agent in shallow water may produce a similar effect. Baker of the London Port Authonty (Report of Technical Sob Committee 1970)21 reported that after oil was sunk with fly ash in the Port of London, it still remained several inches thick 3 years later and was still too soft to walk on. Even after this period, there was little recolonization of the area. In view of situations such as this, one reaches the conclusion that under certain conditions there is a case for the use of low-toxicity dispersants. In other words, it may be worth the risk of a higher kill initially to have a faster recovery in the intertidal zone. Similarly, when an endangered bird species is threatened, it may be worth exposing more of the marine environment to oil to save this species than to risk killing the endangered species with oil. Most dispersants are designed for use at sea and not on shore. However, some doubt exists as to the effectiveness of many of these products in the open sea. Gaines22 noted that a slick was dispersed as much by running a boat through it as it was if dispersant were applied to it. This, I think, in part underlines the fact that the dispersants must be used correctly. Not all dispersants will disperse all oils. Similarly, there is a correct and an incorrect method of using dispersants. Most of the damage after the Torrey Canyon was due not to the use of dispersants but to the misuse of them." In several recent reviews Beynon' and Canevari24 point out that the "post Torrey Canyon" dispersants are far less toxic than those substances that were avail- able at the time of the Torrey Canyon disaster. A trial by the Canadian government" using BP1 100 on Bunker C oil from the Arrow spill gave good re- 253 PAGENO="0461" 1779 suits as far as cleaning the shore was concerned. The fauna was surveyed intertidally and subtidally before and after the shore was cleaned and the report indi- cated that there were no adverse effects on the fauna. Cowell23 states, "We are convinced that salt marsh communities should never be treated with detergents but that rocky shores can be cleaned with minimal damage provided that the new low-toxicity materials such as BP1 100 are used in moderation. Floating oil slicks are best dealt with before they come ashore even if the more toxic dispersants are used, since toxicity is related to dilution." Hence, while one will not have detergent effects as large as those of the Torrey Canyon to consider in the future, in some circumstances one will have to consider the possible effects that oil-detergent mixtures have on the en- vironment. Conclusion I have mentioned nine factors that will influence the recorded effects of an oil spill in an area. The major one I have neglected until now involves the observer, his interpretation of the data, and his personal out- look on life. If the observer is concerned with a speëies as a whole, an isolated spill affecting a small portion of the species range may be unimportant. However, if one is interested in that particular population of the species, the isolated spill becomes a complete dis- aster. An optimist rejoices over signs of recovery of an area after a spill while a pessimist will still be crying over the damage. Under the heading "Oil Pollution" we are dealing not only with a complex and variable substance, oil, but also with a complex and variable biota and en- vironment. It should come as no surprise then that the aftermath of an oil spill may be unpredictable. References 1. Blumer, M.: "Oil Pollution of the Ocean," Oceanus (1969) IS, No. 1, 3-7. 2. Beynon, L. R.: `Oil Spill Dispersants," paper presented at the Inst. of Pet., London, Oct. 16, 1970. 3. Kolpack, R.: personal communication. 4. Ottway, S. M,: "The Comparative Toxicities of Crude Oils," Proc., Symposium on The Ecological Effects of Oil Pollution on Littoral Communities, Nov. 31-Dec. 1, 1970, E. B. Cowell, Ed., Inst. of Pet., London. 5. North, W. S., Neushal, M. and Clendenning, A. K.: "Suc- cessive Biological Changes Observed in a Marine Cove Exposed to a Large Spillage of Mineral Oil," Proc., Symp. Pol. Mar. Microorg. Prod. Petrol. (1964) 335-354. 6. Kanter, R., Straughan, D. and Jessee, W.: "Effects of Exposure to Oil on Mytilus californianus from Different Localities," Proc., Joint Conference on Prevention and Control of Oil Spills (1971) 485-488. 7. Nicholson, N. L. and Cimberg, R. L.: "The Santa Bar- bara Oil Spills of 1969; a Post-Spill Survey of the Rocky Intertidal," Biological and Oceanographical Survey of the Santa Barbara Channel Oil Spill 1969-70 Allan Hancock Foundation (1970) 1, 325-400. 8. Rutzler, K. and Sterrer, W.: "Oil Pollution Damage Ob- served in Tropical Communities Along the Atlantic Sea- board of Panama," Bio Science (1970) 20, 222-224. 9. Blumer, M., Souza, 0. and Sass, J.: "Hydrocarbon Pollu- tion of Edible Shellfish by an Oil Spill," Woods Hole Oceanographic Institution Reference No. 70-1, Woods Hole, Mass. (1970). 10. Biological and Oceanographical Survey of the Santa Bar- bara Channel Oil Spill 1969-70, R. Kolpack, Ed., Allan Hancock Foundation (1971) 2. II. Bourne, W. R. P.: "Oil Pollution and Bird Populations," The Biological Effects of Oil Pollution on Littoral Corn- Inunities, suppl. Field Studies (1968) 2, 99-122. 12. Drinkwater, B., Leonarj, M. and Black, S.: "Santa Bar- bara's Oiled Birds," Biological and Oceanographical Sur- vey of the Santa Barbara Channel Oil Spill 1969-70, Allan Hancock Foundation (1971) 1, 313-324. 13. Odham, G.: "Cleaning and Rehabilitation of Oiled Sea- birds," Proc., Joint Conference on Prevention and Con- trol of Oil Spills (1971) 453-456. 14. Mackin, J. G. and Hopkins, S. H.: "Studies on Oyster Mortality in Relation to Natural Environments and Oil Fields in Louisiana," Institute of Marine Science, The U. of Texas at Austin (1961)7, 1-131. 15. Mackin, J. 0. and Sparks, A. K.: "A Study of the Effects on Oysters of Crude Oil Losses from a Wild Well," Insti- lute of Marine Science, The U. of Texas at Austin (1961) 7, 230-261. 16. Straughan, D.: "Breeding and Larval Settlement of Cer- tain Intertidal Invertebrates in the Santa Barbara Chan- nell Following Pollution by Oil," Biological and Oceano- graphical Survey of the Santa Barbara Channel Oil Spill 1969-70, Allan Hancock Foundation (1971) 1, 223-244. 17. Straughan, D.: "The Influence of Oil and Detergents on Recolonization in the Upper Intertidal Zone," Proc., Joint Conference on Prevention and Control of Oil Spills (1971) 437-440. 18. Trask, T.: "A Study of Three Sandy Beaches in the Santa Barbara Area," Biological and Oceanographical Survey of the Santa Barbara Channel Oil Spill 1969-70, Allan Han- cock Foundation (1971) 1, 159-178. 19. Baker, J. M.: "Refining Effluent," Proc., Symposium on the Ecological Effects of Oil Pollution on Littoral Com- munities, Nov. 31-Dec. 1, 1970, E. B. Cowell, Ed., Inst. of Pet., London. 20. Crapp, G. B.: "Chronic Oil Pollution," Proc., Symposium on the Ecological Effects of Oil Pollution on Littoral Communities, Nov. 31-Dec. 1, 1970, E. B. Cowell, Ed., Inst. of Pet., London. 21. Hartung, K. and Klingler, G. W.: "Concentration of DDT by Sedimented Polluting Oils," Environmental Science and Technology (1970) 4, 407-410. 22. Gaines, T. H.: "Pollution Control at a Major Oil Spill," paper presented at Intl. Conf. on Water Pollution Re- search, San Francisco, July, 1970. 23. Cowell, E. B.: "Some Effects of Oil Pollution in Milford Haven, United Kingdom," Proc., Joint Conference on Prevention and Control of Oil Spills (1971) 429-436. 24. Canevari, G.: "Oil Spill Disperiants - Current Status and Future Outlook," Proc., Joint Conference on Pre- vention and Control of Oil Spills (1971) 263-270. 25. McLean, A. ~t'.: "Removal of Bunker C Oil from Rocky Shorelines Using a Chemical Dispersant," Canadian Gov- ernment Report after the Arrow Spill (1970). 26. }Iampson, G. K. and Sanders, L.: "Local Oil Spill," Oceanus (1969) 15, No. 2, 8-11. 27. "Report of the Task Force - Operation Oil," Publication of the Canadian Government (1970). 28. "Oil Spillages in the Tidal Thames," Water Pollution by Oil, Inst. of Petroleum, London (1970) 317-340. 29. Smith, J. E.: Torrey Canyon Pollution and Marine Life, Cambridge U. Press, Cambridge, England (1968) 197 pp. IPT Origisai manuscript received in Ssciety of Petroleum Engineers office Sept. 28, 1970. Revised manuscript received July 6. 1971. Paper (SPE 3204) was presented at SPE Evangeline Section Regisnat Meeting on Oilfield Pollution, held in Lafayette, La., Nov. 9-10, 1970; and at SPE 46th Annual Fall Meeting, held in New Orleans, Oct. 3-6, 1971. gj Copyright 1972 American Institute of Mining. Metallurgical, and Petroleum Engineers, Inc. 254 JOURNAL OF PETROLEUM TECHNOLOGY PAGENO="0462" 1780 U ___ ea grant program C EFFECTS OF EXPOSURE TO OIL ON MYTILUS CALIFORNIANUS FROM DIFFERENT LOCALITIES USC SEA GRANT REPRINT SERIES USC-SG-2R-71. UNIVERSITY OF SOUTHERN CALIFORNIA* SEA GRANT PROGRAM *LOS ANGELES, CALIFORNIA 90007. PAGENO="0463" 1781 EFFECTS OF EXPOSURE TO OIL ON MYT1LUS ~ALIFORNIANUS FROM DIFFERENT LOCALITIES Robert Kanter and Dale Straughan Allan Hancock Foundation, University of Southern California and William N. lessee Biology Department Humboldt State College ABSTRACT The results of the first Iwo of a series of experiments in a study to determine if organisms exposed to natural oil seepage have a higher tolerance to a spill of similar crude oil than oiganlsms that have not been exposed to natural oil seepage are presented. Mytilus californianus from different localities along the California Coast were exposed to varying crude oil concentrations in the laboratory. The data shows a higher tolerance to oil in M. californianus from a natural oil seep area than in M. californianus from non-oil seep areas. There is also a different tolerance to oil between M. californianus from different non.oil seep areas. INTRODUCTION The results of a recent study of the "after effects" of the 1969 oil spill in the Santa Barbara Channel, indicate that mortality among the fauna in the area was not as great as initially predicted. The field data suggest that most of the mortality was due to physical effects (e.g. smothering of Chthamalus fissus) and not toxic effects of the oil (Nicholson and Cimberg, 1971). The Santa Barbara area has been long exposed to natural oil seepage and it is hypothesized that animals in this area have developed a greater tolerance to Santa Barbara crude oil than that possessed by animals that have not been exposed to this natural seepage. This paper presents results of the first two of a series of experiments to test this hypothesis. The experiments were conducted on the mussel, Mytilus californianus Conrad. This intertidal species is wide ranging (Alaska to Baja, California) and survives well under labora- tory conditions. It is abundant on the open coast both in areas subjected to oil from natural seepage and in non-oil seep areas. Materials and Methods In the first experiment (28 June-7 July, 1970) all animals were maintained in unfiltered seawater at fluctua- ting room temperatures and in irregular light and dark periodiclties. 60 M. califomianus were collected from a rocky reef at Coal Oil Point (a natural oil seep area), and 40 M. californianus from a man made metal groin at East Cabrillo (a non-oil seep area). Twenty specimens of a similar size range were placed in each of five aquaria containing four liters of liquid. That is, two aquaria contained animals from East Cabrillo and the other three aquaria contained animals from Coal Oil Point. One aquaria from each locality contained seawater only (the control), one aquaria from each locality contained 40 ml oil plus seawater (1 x l0~ ppm. oil), and the fifth aquaria (Coal Oil Point only) contained 4 ml oil plus seawater (1 x l0~ ppm. oil). Seawater and oil were changed daily at which time dead animals were removed and their shell length recorded. The experiment was terminated after 10 days. The second experiment (25 August-27 September 1970) was carried out in a constant environment chamber where water temperatures were ma~ptained at l5±2~C* and there was a constant cycle of 14 hours of light and 10 hours dar~ii~i. Filtered sea~I~Twas used in this experiment. 80 M. californtanus were collected from jetty piles at Pismo Beach (a non-oil seep area), a rocky reef at Coal Oil Point (a natural oil seep area) and a rocky shoreline at Big Fisherman's Cove, Santa Catalina Island (a non-oil seep area), respectively (all localities are in southern California). As in the first experiment, animals from each locality were divided into groups of twenty of a similar size range and Co0 September 4 to 6, the refrigeration system broke down and temperatures rose to 20.0' and 20,S'C respectively. 485 PAGENO="0464" KEY TOYI500ES COAL OILPOIAT PISNO BEACH 100 --CAT~UNACATALINA 1 2 4 A A Ii 12 IA A 15 20 22 2A TA 28 30 32 34 TIME IN DAYS S 4 A 8 10 2 IA IA lB 20 22 24 2A 28 30 32 3A TINY IN DAYS -.~. ..---..-,...--..- B I ~ 3A AS AD AD 25 5 ~ 20 25 30 Figure 2. Survivai of M. callfornianur from Coal Oil Point, Pissno Beach, Fisherman's Cove at Santa Catalina Island (ExperIment 2). The general trends at all three localities were (1) animals started to die earlier when exposed to high concentrations of oil than when exposed to low concentrations of oil; (2) more animals died when exposed to high concentratsons of oil than when exposed to low concentrations of oiL At all experimental concentrations of oil, mortality was lower at Coal Oil Point than at either of the two non-oil seep localities. In all cases mortality was highest among animals from Pismo Beach. At concentrations of I x iø~ ppm. and 1 x i04 p.p.m. animals from Santa Catalina Island had a mortality rate similar to that recorded among animals from Coal Oil Point. At concentrations of 1 x ppm. animals from Santa Catalina Island had a mortality rate similar to those from Pismo Beach. This data indicates a difference in tolerance to oil at the two lower concentrations, between animals from two non-oil seep localities. 1782 PHYSICAL - BIOLOGICAL EFFECTS 486 maintained in aerated aquaria containing four liters of liquid. One aquaria from each locality contained filtered seawater only (the control), one aquaria from each locality contained 400 ml of oil plus filtered seawater (1 x p.p.m. oil), one aquaria from each locality contained 40 ml of oil plus filtered seawater (1 x io~ ppm. oil), one aquaria from each locality contained 4 ml of oil plus filtered seawater (1 x io~ p.p.m. oil). Oil and seawater were changed at approximately 48 hour intervals. Dead animals were removed and their numberi and shell lengths recorded. associated with collection methods or laboratory condi- tions. Reasons for the mortality among Coal Oil Point control animals are unknown particularly as lower mortali- ties were recorded in all experimental groups at the end of the experiment. The Santa Barbara crude oil that was used in these experiments came from offshore oil fields on the Rincon trend The aquaria were 8 liter plastic containers with round corners to facilitate easier removal of oil when oil was changed Water was always placed in the aquaria first and then oil was added so that the oil floated on the surface of the water All mussels were well below the surface of the water and did not come into direct contact with floating oil RESULTS EAST CABRILLO ---CONTROL ~lxlO3ppm OIL AD so FE arc 20 i 24 B TIME IN DAYS 50 Ai 50 40 arc 20 100 00 60 40 20 O 1 2 3 4 5 6 1 8 9 10 TIME IN DAYS FIgure 1 SurvIval of M cailfornianus from East Cabrillo Bea h (Experiment 1) EXPERIMENT I (FIGURE 1) No mortality was recorded in animals either from the control or the two experimental aquaria (1 x io~ and 1 x l0~ p.p.m. oil) from Coal Oil Point. Two of the control animal~ from East Cabrillo Beach died on the ninth day, while all animals from East Cabrillo Beach were dead by the ninth day when exposed to 1 x l0~ ppm. oil. These data suggest that M. californianus from East Cabrillo Beach (a non oil seep area) are less tolerant to oil than M cab fornianus from Coal. Oil Point (an oil seep area). EXPERIMENT 2(FIGURE 2) While no mortality was recorded in the control group from Catalina Island, there was a 50% mortality during the first two weeks in the control group from Pismo Beach, and seven animals died from the Coal Oil Point control group during the last 9 days of the experiment. More than 50% mortality was recorded in all experimental groups from Pismo Beach so that a 50% mortality was probably TIME IM SAYS PAGENO="0465" 1783 MYTILUS CALIFORNIANUS 487 The constant production of new byssus threads was an indication of normal healthy functioning animals in experi- mental conditions. The analysis of data to detennine If mortality is related to size is Incomplete. Discussion RELATIONSHIP TO FIELD CONDITIONS In these experiments animals were not exposed to tidal cycles nor were they exposed to the normal amount of water movement. Coe and Fox (1962) indicated that normal growth was uneffected by either of these factors. The animals were not fed in either experiment. Coe and Fox (1942) found that they could be maintained in the laboratory for up to four months before there was a significant number of deaths due to starvation. Hence one could probably liken the laboratory conditions to condi- tions found in a rock pool which never drained at low tide and which received a fresh dose of oil daily (experIment 1) and at two day intervals (experiment 2). In the first experiment, water temperatures were above that of sea- water so that the temperature regime was similar to that experienced at low tide while in the second experiment water temperatures were similar to those experienced at high tide. Santa Barbara crude oil is relatively insoluble in seawater (R.L. Kolpack, personal communication) so that while the over all ratio of oil and water used in one aquaria was 1 ppm. for example, most of the oil was at the surface of the water and the concentration of oil in the seawater would actually have been much less than this. No attempt was made to prevent the aromatic compounds from evaporating. Kolpack (personal communication) found a very low percentage of light aromatic compounds in Santa Barbara crude oil. Hence only a small fraction of the oil was lost. This fraction would also be lost in the event of an oil spill. It is impossible to choose sampling areas in which the only difference Is the exposure or non-exposure of the organisms to natural oil seepage. The areas chosen however, are an attempt to come as close as possible to this ideal. Coal Oil Point and East Cabrillo Beach are localities a few miles apart within the Santa Barbara Channel. The former Is a long low reef while the latter is a man made metal groin. Apart from substrate differences, one would expect little difference in the effects of other pollutants although East Cabrillo is in Santa Barbara and may be more subjected to the effects of sewage pollution. Pismo Beach is north of the Santa Barbara Channel in an area of lower pollution and where water temperatures are slightly lower. Santa Catalina Island is situated south of the Santa Barbara Channel, 20 miles offshore from Los Angeles and appears to be outside the influence of pollution originating in Los Angeles. COMPARISON OF EXPERIMENTAL DATA Seasonal changes must also be considered when exam- wing this data. Experiment 2 was not commenced until two months after experiment 1. Crapp (1971) found seasonal changes in tolerance of British marine invertebrates to detergents. Until seasonal tolerances have been determined as regards to oil, one should take into account seasonal differences. Hence while data from different localities in each experiment is comparable, data from experiment 1 is not directly comparable with experiment 2 both through the difference in methods used and possible seasonal differences. Data from these experiments is not comparable to data obtained using standard bioassay methods such as those proposed by Tarzwell (1969). In these standard methods, oil and water are mixed on a shaker-no attempt was made to mix oil and water in the present experiments. In both experiments animals from Coal Oil Point (the oil seep area) were more tolerant to oil than those from the non-oil seep localities. This strongly supports the hypothe. sis advanced so explain low mortalities following the Santa Barbara oil spill. However, It would be foolish to accept this as the complete explanation. Nicholson and Cimberg (1971) suggest that it is only species with a high tolerance to oil that occur in areas exposed to natural oil seepage. This suggests a preliminary selection which permits only those species with some tolerance to oil to settle and survive in the oil seep areas and that subsequent to this, there is a further acclimation to the presence of oil. M. californians,: does not brood eggs but releases gametes into the sea. Since developing eggs and larvae are distributed by ocean currents there is no long term isolation of M. californianus at Coal Oil Point enabling inbred tolerances to oil to develop. The lower tolerance of animals at East Cabrillo beach than at Coal Oil Point indicates that the factors enabling the survival of the Coal Oil Point animals in these experiments are not operative throughout the whole Santa Barbara Channel. This further supports the idea that the higher tolerance is due to acclimation in the presence of oil. The data presented support the hypothesis that M call. fornianus that are expbsed to natural oil seepage are more tolerant to oil than M. califomlanus that are not exposed to oil seepage. In experiment 2, there was also a difference in tolerance to oil between animals collected at Plsmo Beach and animals collected at Santa Catalina Island. The reasons for this are unknown. However, it does point to the fact that there may be more physiological variations between differ. ent populations of the same species than at present are visualized. CONCLUSIONS 1. Mortality started sooner and was greater when animals were exposed to high concentrations of oil than when animals were exposed to low concentrations of oil. 2. In each experiment mortality was lower in animals from natural oil seep localities than from non.oil seep localities. 77-463 0 - 72 - pt.3 - 30 PAGENO="0466" 4a8 PHYSICAL - BIOLOGICAL EFFECTS 1784 ~, Thee was some variation in tolerance to oil between asthiHI~from different non-oil seep localities suggesting that these may be less physiological homogeneity between a ~ec~sa*dlfferent localities than at presently believed. This 4l~ewnce could be due to either man made changes lncIUdt*g pollution or natural factors, such as .range extremes. ACKNOWLEDGEMENTS We wish to thank Union Oil of California and the Mobil OilCcsr~oratlon for supplying oil used in these experiments. The research was supported by a grant (011.89) from the Natioflal Sea Grant Program, US. Department of Corn. merce to the University of Southern California. We are also ~ati to Mr. William Walker at the Marineland of the PhcilIc ~be assistance he has given in obtaining clean filtered seawater. REFERENCES Coe~ WZ and Fox, D.L. (1942). Biology of the California ses.snussel (Mytilus callfornianus). 1. Influence of tem- pesature, food supply, sex and age on the rate of growth. J~RxpZool. 90:1-30. Crapp, GB. (1970). Laboratory Experiments with Emulsi- tiers. Paper presented at a Symposium on the Ecological Effects of Oil Pollution on Littoral Communities at the Zoological Society of London. 1 December 1970: 29-46. Nicholson, N.L. and Cimberg, R.L. (1971). The Santa Barbara Oil Spills of 1969: A Post.Spill Survey of the Rocky Intertidal, In Biological and Oceanographical Survey of the Santa Barbara Channel Oil Spill 1969-1970. Pub. Allan Hancock Foundation: 325-400. Tarzwell, CM. (1969). Standard Methods for the Deter- mination of Relative Toxicity of Oil Dispersants and Mixtures of Dispersants and Various Oils to Aquatic Organisms. Proceedings of Joint Conference on Presenta- tion and Conirol of Oil Spills Sponsored by API and FWPCA December 15.17, 1969: 179-186. FIGURES Figure 1. Survival of M. califomianus from East Cabrillo Beach (Experiment 1). Figure 2. Survival of M. califomlanus from Coal Oil Point, Pisrno Beach, Fisherman's Cove at Santa Catalina Island (Experiment 2). PAGENO="0467" 1785 STATEMENT SUBMITTED BY LEE C. WHITE SEMER, WHITE & JACOBSEN, Washington, D.C., April 12, 1972. Hon. HENRY M. JACKSON, Chairman, Committee on Interior and Insular Affa4rs, U.s. senate, Washington, D.C. DEAR MR. CHAIRMAN: In connection with the Committee's current set of hear- ings on national energy policy relating to the Outer Continental Shelf, I would like to bring to the Committee's attention a portion of my testimony before it on the natural gas segment of the study. One of the suggestions contained in my statement was the establishment of a government-owned corporation which would explore for and develop petroleum resources on publicly-owned lands. Quite obviously the oil and gas deposits In the OCS are of enormous value and offer great potential for meeting the nation's current energy shortage situation. As 1 envision the proposed corporation, it would not limit its operations to the OCS although that is an area where it could be expected to operate most effectively. An additional advantage in the OCS lies in the ability of the proposed new corporation to move rapidly in that area, assum- ing, of course, adequate protections against oil spills and other environmental hazards. It occurs to me that in the Committee's review of the OCS, it might want to consider a legislative arrangement whereby the proposed corporation would be established with authority vested in it to have a certain number of tracts from the OCS made available to it, as part of the enabling legislation there- by making it possible to launch the corporation in a relatively short period of time. It would probably engage in some sort of joint venture operation with ex- perienced drillers and production companies. In response to questioning from the Committee during my testimony, I indi- cated that it was not my belief that the corporation should own or even control all of the nation's holdings that can produce oil and gas. Precisely which areas and what percentages is a matter that could well be delegated to the President to determine in accordance with general guidelines set forth in the legislation. In any event, I do believe that the availability and obvious marketability of the offshore tracts make It most appropriate to designate a certain number, per- haps 10, to constitute the new corporation's Initial operating base. There are, of course, many Specific questions that very quickly come to mind about how the corporation should be established, how it should function and what would be its role vis-a-vis the petroleum industry in this country. If I can be of assistance to you or to the Committee staff In this regard, I will certainly do my best to define those questions and suggest alternatives for the Committee's consideration. I did, however, want to draw special attention to the possibilities of using a part of the OCS deposits as a base for launching the new corporation in a rapid fashion and without requiring large appropriations to get It underway. Sincerely, LEE C. WHITE. STATEMENT SUBMITTED BY MOBIL OIL CORPORATION MOBIL OIL CORP., New York, N.Y., April 7, 1972. Senator HENRY M JACKsON, Chairman, Committee on Interior and Insular Affairs, U.S. Senate, Washington, D.C. DEAR Mn. CHAIRMAN: Enclosed is a statement containing Mobil Oil Corpora- tion's views on outer continental shelf oil and gas development. President Nixon stated in his June 4, 1971 Energy Message that oil and gas lease sales on the outer continental shelf should be accelerated, and that en- PAGENO="0468" 1786 vii~onmental protection requirements should be strictly enforced. We support the Prealdent's program. However, we feel that certain procedural provisions of the National Environ- mantal Policy Act have been used to delay environmentally sound decisions, and, aeoordingly, those provisions should be amended and clarified. We would appreciate having our views made a part of the record of the hear- ings currently being conducted by your committee in connection with the outer e~nttnental shelf. Thank you for your courtesy and cooperation. Yours truly, H. K. HOLLAND, Jr. Enclosure. PAGENO="0469" 1787 STATEMENT OF MOBIL OIL CORPORATION BEFORE THE SENATE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS We appreciate the opportunity to present our views. The over sight hearings which this Committee is conducting on the Administration of the Outer Continental Shelf Lands Act are extremely important and timely. We believe your investigation will reveal that although the purpose of the Act is to encourage development of the outer continental shelf, only slight progress has been made, con- sidering the size of the area involved. You will also find that the efforts of the Secretary of the Interior to move forward with an orderly leasing schedule have been seriously hampered by litigation; that the National Environmental Policy Act, because of the vagueness of several important provisions, has encouraged this litigation; that the Act could be improved, if amended; and finally, that remedial action should be taken as soon as possible, to enable the nation to improve its near-and long-term energy requirements. The Secretary of the Interior is granted authority to lease Federal lands on the outer continental shelf by the Outer Continental Shelf Lands Act' of 1953. Two other principal Acts affecting the outer continental shelf are the Mining PAGENO="0470" 1788 an~ Minerals Policy Act of 1970 and the National Environ- mental Policy Act of 1969. These statutes outline the er~ergy and environmental policies of the federal govern- x~ent with respect to the outer continental shelf. In 1953, Congress recognized the need for legislation to encourage the exploration for and development of potential petroleum deposits on the outer continental shelf, The Act states that `In order to meet the urgent need for further exploration and development of the oil and gas deposits of the submerged lands of the outer Continental Shelf, the Secretary is authorized to grant . . . oil and gas leases on submerged lands of the outer Continental Shelf . . Since the Act was passed, energy consumption in the United States has nearly doubled, last year reaching the highest level in our history. Consumption is expected to increase almost 70 percent over the next 15 years. At the saxne time, excluding North Slope additions, proved reserves of oil have declined to their lowest level in 20 years, and proved reserves of natural gas have declined to their lowest level since 1957. A Department of the Interior report issued in January, 1972, suaiimarizing the U.S. energy situation, estimated that the United States contains 2.8 trillion barrels of crude oil and over 200 billion barrels of natural gas liquids. Approximately half of these resources PAGENO="0471" 1789 are believed to be located on the outer continental shelf. While experts may differ about the extent of potential rern. serves in coastal waters, they agree that this area is a major potential source of oil and gas. To date, only about 2 percent of the 1.3 million square miles of continental margin has been explored, leaving an enormous area still untested. To encour age further exploration, the Secretary of the Interior, in June, 1971, issued a tentative leasing schedule proposing that a number of areas be put up. for lease .at regular intervals through 1976., When issued, the leasing schedule was praised as a constructive effort to encourage the efficient and orderly development of the outer continental shelf. For .rea~ sons we will discuss, that schedule has not been followed. U.S. energy policy is spelled out in the Mining and Minerals Policy Act of 1970, which declares that it is in the national interest to foster and encourage private enterprise in (1) the develoDment of economically sound and stable domestic mining, minerals, metal and mineral reclamation industries, and (2) the orderly and economic development of domestic mineral re- sources. The Statute declares that minerals~ includes oil and gas. The first stated purpose of the National Environmental Policy Act (NEPA) is "to declare a national policy which will PAGENO="0472" 1790 encourage productive and enjoyable harmony between man and b4~s environment." The Act lists six continuing responsibili- ties of the government in seeing to it that this purpose is carried out. One of the six, often overlooked, is the govern.. ment's responsibility to "achieve a balance between population aM resource use which will permit high standards of living an4 a wide sharing of life's amenities.' The Act has encour- aged a new awareness of the need to protect the environment and requires the mission agencies of government to consider that factor in carrying out their responsibilities. As noted before, only a small portion of the outer continental ~I41f of the United States has been leased. These areas are p3~'ir~cipally in the Gulf of Mexico and offshore California. t~hough the leased areas involved are relatively small, in less than 20 years they have produced more than $6.1 billion ~r the federal government in the form of bonuses and royalties. As a result of this offshore development, not only have our energy reserves been increased, but substantial employment has been generated, industries have developed, and nearby popula~ ~iøn centers have benefited. Production in the Gulf of Mexico comes principally from off- shore Louisiana and Texas. Oil and gas production in this area is conducted in harmony with other important activities PAGENO="0473" 1791 in the area, such as outdoor recreation, fishing and shipping, in an excellent example of multiple use. In fact, a population explosion of marine life has occurred in the Louisiana area. A producing platform serves as a kind of man-made reef, attracting shell life and small fish. Larger fish come to feed on the smaller ones, or on the flora or other forms of marine life. Within a few years, the food chain is complete, and a whole new flourishing biological community has evolved. In the Gulf, the fish catch has increased substantially, and species of fish have been identified which heretofore were not present in those waters. Of some 1L~,OOO wells drilled to date in U.S. waters, none, including the Santa Barbara spill, has shown evidence of lasting environmental damage. A study of the effects of the Santa Barbara spill was conducted by the University of Southern California's prestigious Allan Hancock Foundation for Marine Science, under the direction of Dr. Dale Straughan. The ~ scientists who worked under Dr. Straüghan were drawn from the faculties of four schools -- USC, UC Santa Barbara, UC Santa Cruz and John Hopkins University. In a lengthy, thoughtful summary of the study, which was, published in December, 1970, Dr. Straughan concluded that "damage to the biota was not widespread," and that "the area is recovering." PAGENO="0474" 1792 A copy of the summary, entitled "What has been the effect of the spill on the ecology in the Santa Barbara Channel?" is being supplied for the record. The President, in his Energy Message of June 4, 1971, said that "In order to expand productive possibilities as rapidly as possible, the accelerated program should include the sale of new leases not only in the highly productive Gulf of Mexico, but also some other promising areas. I am therefore directing the Secretary of the Interior to in- crease the offerings of oil and gas leases and to publish a schedule for lease offerings on the Outer Continental Shelf during the next five years, beginning with a ç~eneral lease sale and a drainage sale this year. The Administration's plans to develop our energy resources have been substantially frustrated. No lease sale has been held since the President's Energy Message was submitted to Congress. The Department of the Interior stated, in its January, 1972, report entitled"U. S. Energy, A Summary Review," "Environmental considerations have impacted domestic exploration and development, notably delaying marketing of Alaskan production; restricting Santa Barbara channel development; postponing Federal offshore leasing and ri~idiy controlling offshore production practices. The last Gulf sale was held in December, 1970, after a delay of approximately one year from the original proposed sale date. One hundred and eighteen tracts were leased in that sale. As of now, 89 (or 75 percent) have *been drilled, resulting in PAGENO="0475" 1793 the discovery of ~ new fields. Producing platforms have been installed, and production from the wells is scheduled to begin in late 1972. Most of the new fields will not be in production until 1973 or l97L~, with production reaching a peak in 1975. If such delays become widespread, they will have a very serious impact on the United States energy situation. And the country is already facing a serious energy gap. The National Petroleum Council reports that domestic oil consumption will rise from lL~.7 million barrels per day in 1970 to 25 million barrels per day in 1985, but that oil ~roduction during the 1970-1985 period will remain on the order of 11 million barrels a day (unless government economic and regulatory policies change appreciably). Thus, while United States' petroleum consumption will almost double, domestic supply will remain almost constant. Production of natural gas, which now accounts for 33 percent of our energy use, is expected to decline by about a third over the next 15 years. We believe that one of t]~ie chief obstacles to outer continental shelf leasing--and to the development of other major potential sources of oil and gas--has been the flood of litigation inspired by the National Environmental Policy Act. NE?A requires an agency or department to prepare a detailed statement PAGENO="0476" 1794 on major Federal actions significantly affecting the quality of the human environment." The statute does not define tbat phrase, nor does the legislative history clarify the intent of Congress in that regard. As a result, there has existed, and still exists, a great deal of uncertainty about when an environmental impact statement is required. Uncertainty also exists about the extent to which an environmental impact statement must review `alternatives to the proposed action." It was this latter section that permitted opponents of the offshore Louisiana lease sale scheduled for December 21, 1971, to have the sale cancelled. PUbliC hearings had been held, at which the testimony was overwhelmingly in favor of the proposed lease sale. The draft environmental impact statement had been circulated and the decision to conduct the sale made and publicly advertised, as required by law. Shortly before the sale date, and long after the potential bidders had spent large sums in anticipation of the sale, an injunction was issued in an action brought against the Secretary of the Interior. The plaintiffs claimed that the Interior Department1s environmental impact statement was deficient as a matter of law. The Court upheld the claim, on the grounds that the Department had omitted several alternatives in its discussion of that subject. PAGENO="0477" 1795 Since its enactment two years ago, NEPA has been used in a variety of cases to preventer delay actions proposed by the federal government. In the main, the questions raised dealt with either the need to prepare an environmental impact statement or the discussion of alternatives to the proposed action, or both, In fact, there have now been more than 30 lawsuits in which the courts have granted injunctions or restraining orders against proposed federal actions because an impact statement was lacking or insufficient. The trend of those court decisions has been to equate "major federal action with any federal action. This trend has given narrowly based private groups unprecedented power to thwart the development of the nation's natural resources. It is not even a requisite of the use of that power that those who'have been damaged by its wrongful use be made whole. In testimony before joint hearings of the Senate Committees on Interior and Insular Affairs arid Public Works on March 9, 1972, Interior Secretary Morton said that, among the, problems posed by NEPA, most have been associated with Section l02(2)(C). That is the section requiring the preparation of an environ- mental impact statement where a major federal action signif- icantly affecting the quality of the human environment is involved.' The Secretary outlined the problems as follows: PAGENO="0478" 1796 "Most of the operating problems we have had have been associated with Section 102(2)(C) These include difficulty in interpreting the language of the Act, training thousands of people in how to prepare environmental state- ments, administratively processing thousands of statements, and applying the NEPA require- ments to on-going programs `With regard to interpretation, the legislative history of Section 102(2)(C) is very limited There has been little clarification of, or specific guidance in, applying such terms as `major Feaeral actions," "significant impact," human environment," and `alternatives to the proposed action " We have resorted to our own interpretations Unfortunately, as cases have come to court, some judicial interpretations have differed from ours The intent of the Congress in these areas could be made clearer "Of particular concern was the recent Court of Appeals decision concerning our proposed OCS lease sale offshore eastern Louisiana This decision held that the environmental statement must include discussion of alternatives beyond the authority of the Department and the environ- mental impacts of each alternative This decision has delayed the OCS leasing schedules at least six months As the Department with the primary responsibility for iwplementing the President's Clean Energy Message, I am concerned with this delay in developing these much needed energy supplies Secretary Morton went on to testify that judicial interpretation of NEPA is still evolving, and he indicated during questioning that the most appropriate remedy would be to obtain clarifica- tion of the Act in the Supreme Court But he agreed that the procedural aspects of the Act might be amended by Congress PAGENO="0479" 1797 Mobil Oil Corporation is dedicated to environmental conser- vation, and we are spending more than $100 million a year in the pursuit of that objective. However, we also believe it is imperative to continue the search for oil and gas to meet the nation's energy requirements. We believe these objectives are compatible. We do not feel that the intent of Congress in passing the National ~nvironmental Policy Act was to delay, by procedural devices, environmentally sound decisions. We think it is vital to clarify the intent of Congress with respect to NEPA in order to prevent further, indefinite delays in the development of the outer continental shelf. Accordingly, we urge that immediate attention be given to amending and clarifying NEPA. Failure to do so will inviteS litigation that could delay development of the outer continental shelf for an indefinite period. We recommend that SectiOn 102(2) (C) be amended to provide as follows: 1. : The department or agency proposing a particu- lar federal action should be the final arbiter in deciding whether the proposed action is a major federal action significantly affecting the quality of the human environment so as to require an impact statement. A decision by the appropriate agency or department head should be final, and should be subject to judicial review only upon a showing of capri- cious or arbitrary action on the part of that individual. This amendment should not, however, apply to legislative proposals, since PAGENO="0480" 1798 a detailed statement should be included in every proposal for legislation. 2. The initial impact statement should suffice for all actions clearly contemplated to be taken in furtherance of the initial action until and unless, within intervening time, there occurs such a change of circumstances as to justify a new impact statement at the time of some subsequent action. 3. The `alternative&' to be discussed should be limited to those which are readily or reasonably available to the department or agency proposing the action. For consistency, and to avoid setting an unrealistic standard, the phrase. "to the fullest extent possible' in the first sentence of Section 102 should be deleted. We also recommend that the Act be amended to provide that the applicant for government action as the real party in interest should be a participant in litigation attacking the action of the governmental agency and, further, that the plaintiffs in such action should be responsible to the .applicant for any damages where the ultimate outcome of the litigation is to sustain the action of the governmental agency. Taken together, these proposed changes would permit orderly development of the outer continental shelf, while insuring that meaningful environmental considerations are given to the important decisions of federal agencies. Thank you for giving us the opportunity to express these views. PAGENO="0481" 1799 CHAPTER 18 WHAT HAS BEEN ThE EFFECT OF THE SPILL ON THE ECOLOGY IN THE SANTA BARBARA CHANNEL? by Dale Straucjhan This is the question posed by the Western Oil and Gas Association First, we do not know all of the answers--we will probably never know all of the answers This is due partly to the complex interaction of ~forces operating in the area at the time of the spill and partly to general lack of knowleage of the ecology of the area True, some background data were available but not enough to answer the question in full. Several factors that complicated the problem of deter.. mining the,'~effects of the oil spill were operative in the Santa Barbara Channel at the time of the spill There were active natural oil seeps in the area Was the oil on the beaches all from the spill or was part of it from natural seepage' How did the natural seepage influence the ecology of the Santa Barbara Channel' The spill occurred during a period of unusually heavy rains with peak flooding on January 25 and February 25. In some areas, the biota was under stress at the time of the spill from lowered salini- ties, increased sedimentation, and possibly an increase in pesticides. `-Here the task was to differentiate between effects caused by these environmental factors, the oil spill and possible synergistic effects There is no evidence of gross effects of oil pollution on plankton in the Santa Barbara Channel (Oguri, Chapter 3, and NcGinnis, Chapter 4) This must be considered in the .i.ight of the fact that the plankton is poorly known from this area--particularly in the inshore surface waters 774630 72 pt3 31 PAGENO="0482" 1800 The United States Bureau of Commercial Fisheries (1969), on a cruise through the area on February 11, 1969, reported no effectson fish eggs and larvae; and while the phytoplankton count was lower than at a nearby station in the previous month, there is no way of knowing if this variation is a function of patchiness in phytoplankton distribution, a normal seasonal variation, or a direct or indirect effect of the oil spill. However, I do not find the lack of gross effects on the plankton in the Santa Barbara Channel unexpected. The oil floated and was relatively insoluble in water. Oil movement was partially dependent on wind so that the oil was not static relative to the surface water. In addition, the United States Bureau df Commercial Fisheries (1969) did not detect anyoxygen depletion under the oil slick, but there was a r~eduction in penetration of ultra-violet light. In relatively open waters such as the Santa Barbara Channel, surfacewaters would be exposed to the oil slick for rela- tively short periods only. Hence one would not expect the type of: lethal and malforming effects that have been demon- strated in laboratory experiments of several days duration. These may occur when oil is trapped in an enclosed area such as a harbor or sheltered bay for an extended period. In a situation such as the Santa Barbara Channel, the neuston, microscopic organisms living in the surface water film, would still be in close contact with oil. Unfortunately this is a poorly known group of organisms, known only to very few, and no study was made of them. However, it is difficult to envision how these organisms could not be affected by oil. Changes were recorded in the benthic fauna over the decade from 1959 to 1969. There was an overall decrease in standing crop throughout the area studied. This would be due not to the oil spill, but either to a normal general change in the community or to pollutants that are widespread through the area, such as those resulting from sewage out- falls or agricultural pesticides. In addition, Fauchald (Chapter 5, Figs. 5 and 6) reports a dramatic change in standing crop in the triangle between Santa Barbara Harbor, Platform A, and Carpinteria. This is entirely due to a reduction in Listriolobus pelodes population. In particular the part of the bed.extending towards Carpinteria was * severely reduced. While Fauchald suggests that drilling activity1 by disturbing the sediments, t~ay be directly PAGENO="0483" 1801 responsible for the damage, he does not discount possible pollution effects from the increased human population in the area. However, there was no change in the area occupied by L. ~e1odes and there are no indications that the species was reduced markedly in the vicinity of Platform A. Unfortunately oil analyses from samples used in the study of benthic bacteria are incomplete. As there were several variables operative during this period, interpreta- tion of results is impossible. Increases in the bacterio- logical counts occurred in the summers of 1969 and 1970 and following an increase in natural seepage in the October- November period. These changes could be attributed to oil, movement of flood sediments and/or seasonal effects. A study of benthic foraminifera (Norm, Volume 2) detected no mortality attributable to oil. Evidence sug- gests that there' was higher productivity in inshore waters. This is possibly due to increased nutrients entering the area by coastal flooding. Studies of the sandy beach* fauna did not reveal any direct effects of oil pollution. However, they showed a seasonal change in abundance of organisms which is probably associated with the amount of sand on the beaches. Animals were more abundant in summer when there was more sand on the beaches thanin winter when some beaches were exposed rocks. Trask also comments that fewer animals were collected when collections were made in the rain. This may, at least par- tially, explain the reports "that nothing moved on the beaches" after thefl oil came ashore * Perhaps there was noth- ing on the beaches before the oil came ashore, due to sea- sonal and fresh water influences, Immediately after the Santa Barbara oil spill, Dr. Michael Neushul1 initiated a study in intertidal and kelp bed areas. The dosage of oil on selected beaches was 1Santa Barbara Oil Pollution, 1969; Final Report Deal- ing with the Early Stages of the Santa Barbara Oil Spill, written for the Federal Water Pollution Control Administra- tion, U.S. Department of the Interior, Contract No. 14-12-516, principal investigator: Michael Neushul. PAGENO="0484" 1802 determined for February 8-13, 1969. The estimated amount of oil ashore from El Capitan to Port Hueneme on February 8 was 4,508 metric tons. Beaches were surveyed in February and March, 1969, to determine immediate effects of oil*pollution on rocky inter~ tidal shores. Data collected by Dr. Neushul's students in 1966~~67 and that published by Dawson for the perLod l956-59 were used as baseline information. Nicholson and Cimberg (Chapter 17) found Dawson's published data were incomplete. Table 12, Chapter 17 is a complete report on Dawson's data for the stations examined by Nicholson and Circtberg. The study by Nicholson and Cimberg was partially designed to follow the surveys made by Neushul. Neushul's work was to determine immediate effects of the oil spill while the work by Nicholson and Cimberg was aimed at determining the longer term effects. Discussion by both Neushul and Nicholson and Cimberg is based on comparison of the variety of species present. The variety was calculated on single line transects in both cases--which may or may not be a true indication of variety of species on that beach. This method also gives no indica- tion of relative abundance of species nor does it give any indication of possible changes in actual species composi- tion. Species diversity and importance values for each. species would be better measures for showing changes on the beaches. However, none of these methods may reveal any effects of oil pollution in an area. The California Depart.. ment of Fish and Game (1969:60) in their summary state that "species diversity has remained high and there.are no mdi- cations o~ any major modifications in nuxtibers.k However, data presented in Tables 1 and 2 of the report consist solely of presence/absence data at various localities arid give no indication of species diversity or population size. One can only conclude that the statement on species diver.. sity is based on unpublished data. Of more value are the data supp1~ed by Neushul (see Tables 1 and 2) and Nicholson and Ciniberg (Chapter 17, Table 10) recording oiled and/or dead species. Simple records of~ changes in species composition, species diver- sity, or species abundance may give no indication of actual causes of such changes-particularly in a situation where PAGENO="0485" 1803 many possible factors may be responsible for them. A prime factor analysis of species composition and abundance rela-' tive to possible causes is more valuable. A study team from the California Institute of Technol-' ogy reported minimal damage by oil from surveys made in mid-' February, 1969 (reported in full, Straughan, Chapter 1). Neither Neushul nor Nicholson and Cirnberg were able to* demonstrate widespread effects of oil pollution from the January, 1969, oil spill on intertidal species. Both these studies, along with a study by the California Department of Fish and Game, reported smothering of Chtjiainalus. fissus and mortality in Phyllospadix torreyi. The California Depart-' ment of Fish and Game (1969) reported that the latter spe-' cies was growing again in damaged areas on the Channel Islands in August, 1969. At Punta Arena, Santa Cruz Island, Hesperop1~yçjus harveyanus was damaged by the oil, but "by August 6, near normal quantities of alga were observed" (California Department of Fish and Game, 1969:8). Nicholson and Cimberg reported that Pollic~e~ ~p~y~ne1rus was loose and later lacking from the substrate at Carpinteria and East Cabrillo beaches. They attribute this to oil pollution. While P. polymerus is present in low numbers at oil seep areas such as Coal Oil Point (Straughan, Chapter 10), in these areas it is found growing with bases surrounded by oil. Hence this effect on P. polymerus ma~ have been caused by other factors, particularly as it is unclear from the text if these particular animals were covered by oil. The California Department of Fish and Game, after sur- veys at Anacapa and Santa Cruz Islands (1969:9), reported that "While the shells of such invertebrates as black aba-' lone, Haliotis cracherodii, and goose-neck barnacles, ~ollicipes ~pplymerus, were covered with oil, the animals themselves appeared to be healthy and viable." They did not record any loss of Pollicipes polymerus. Neushul and Nicholson and Ciiaberg Surveyed five common beaches, El Capitan State Park, Coal Oil Point, Carpinteria Beach, Hobsori Beach, and Leo Carrillo State Park (Arroyo sequit). Oil was not recorded in either study on Arroyo Sequit (Table 3), which is just south of the Santa Barbara Channel (see Nicholson and Cimberg, Chapter 17, Fig. 1). Oil was recorded op, ~he se,t~r four beaches ~` However, no PAGENO="0486" 1804 attempt was made to differentiate betwee'i natural seep oil and oil from the area of Platform A. Table 3 shows whether there was oil in the water and whether the oil on shore was fresh or old. Oil was recorded at Coal Oil Point and Carpinteria each month these beaches. were surveyed. Coal Oil Point has long been known as an area of active oil seepage. Carpin- teria has old tar mounds with no records of recent seep activity prior to 1969. Wintz and Ventura (Chapter 2) reported seep activity in March and April, 1969, while Weaver (1969:3) shows a photograph of seep activity in June, 1969. Nicholson and Cimberg regard Coal Oil Point as an area of natural oil seepage but not Carpinteria. However, there is no doubt that Carpinteria was an area of natural oil seepage during 1969. Oil.~*originating from the area of Platform A came ashore in quantity in two periods--the heaviest pollution commencing in February, 1969, from the initial oil spill, and then less pollution for a short period commencing December 21, 1969, from a second disturbance. There was also an increase in natural seep activity during the lat~ ter part of October and November, 1969 (H. Morrison, per- sonal communication). During this period, fresh oil, pre- sumably from the seep activity, was recorded on El Capitan, Coal Oil Point, Carpinteria beaches as well as in box corers of f Carpiñteria (Juge, Chapter 9). Fresh oil reported at Hobson Beach on December 21 originated in the area of Platform A. Oil was never observed in the water at El Capitan and recorded in the water at Hobson Beach only * following increased flow from the Platform A area. It is difficult in retrospect to determine just how *much oil was removed from these baches through the activi- ties of Union Oil and how much by * natural factors * Union Oil had cleaning teams operating at El Capitan, Carpinteria and Hobson Beach. Coal Oil Point, as a known area of active oil seeps, was relatively nntouched by the cleaning teams. Problems on Carpinteria Beach largely centered on the presence o.f flood debris which became covered by oil. All beaches.were cleaned for public use by June 15, 1969, and there were few instances of recontamination after this date. Hence from July, 1969, onwards, the absence of oil on the substrate at El Capitan~ and Hobson Beach (Table 3) was~ a result of natural PAGENO="0487" 1805 factors such as wave action sand action, and bacterial action on the oil. After the December, 1969, spill the natural factors may have been aided by Union Oil at Hobson Beach. The race of loss of oil from the intertidal substrate under natural conditions is variable. Areas such as Coal Oil Point always have dry oil in the intertidal The length of time this oil has been ashore is unknown Kolpack (per-' sona]. communication) reported that oil from the January spill was lost from exposed rocks within three weeks of its arrival on shore. Nicholson and Cimberg reported that a large amount of oil and straw was still present in the upper intertidal transect on East Cabrillo in June, 1970. There was less oil present in June 1970, than in June, 1969. In November 1970, only very small isolated patches of oil and straw remained in very sheltered positions on the metal groin that formed this transect. This oil-straw mixture tends to have a crumbly texture and is easily removed from the substrate This is unlike deposits from natural seeps which eventually become hard solid surfaces. Larger amounts of oil and straw were present in sheltered positions on rocks in the retaining wall at Santa Claus on November 12, 1970 This was very high in the intertidal region and no larval settlement was observed on the oil-straw residue or the rocks. The straw appears to prevent the oil from forming a hard substrale and thus the mixture is more easily removed by wave action than are pure tar residues, Even so, in sheltered areas in the high intertidal zones the process of removal can still take many months, in this case 22+ months. Oil and straw were also found on rooks in the Mussel Shoals area on November 12, 1970. Fig 4 shows the number of algal species recorQed by Neushul in the winter, 1966-67, and in February-March, 1969,- and those recorded by Nicholson and Ciitherg (1969-70) for the five stations common to both surveys Comments are con-- fined to algal species because many of the animal species are incompletely identified to general categories, e g sponges. There are also no similar data for comparison available on the animal species prior to May, 1969, The algal species numbers used are all species and not the data PAGENO="0488" 1806 modified for comparison with Dawsori's data. Two of the beaches, Carpinteria and Coal Oil Point, are oil seep areas with stable substrates, while El Capitan, Hobson Beach and Arroyo Sequit are non-oil seep areas and have an unstable substrate (Straughan, Chapter 10, Table I). Neushul found there was a strong correlation between species variety and substrate stability, more species of algae being recorded on a stable substrate than on an unstable one. This is reflected in Fig. 1 with some overlap in species numbers in June, July, August, 1969. Similar species numbers were recorded in winter, 1966-67, and February-March, 1969, at El Capitan, Carpin- teria and Hobson Beach. The difference at Arroyo Sequit was probably due to the presence of large amounts of sand over the rocks. Neushul records that this transect had the most sand of any examined in February-March, 1969. Insufficient data are available even to speculate on the reason for the differences in species numbers at Coal Oil Point on these two occasions. There was a decrease in the number of algal species found at both Coal Oil Point and Carpinteria between February-March (winter), 1969, and June-July (summer), 1969. The lowest number of algal species was recorded at Carpin- teria (18) in July, 1969, and at Coal Oil Point (15) in August, 1969. Subsequent to this, there was an overall increase in the number of species recorded at both stations during th~ next twelve months. The pattern and extent of reduction and increase in species numbers was similar at both Coal Oil Point and Carpinteria, even though the former received a negligible amount of clean-up by Union Oil and the latter was subjected to large scale clean-up operations. At Hobson Beach and Arroyo Sequit, there was an increase in species numbers between February-March, 1969, and July, 1969. There was a decrease in species numbers during the, winter months to February-March, 1970, at these two beaches and at El Capitan, followed by a gradual increase in species numbers to June, 1970. This indicates a seasonal pattern of fewer species present in winter than summer. The winter reduction of species numbers at Arroyo Sequit is inversely related to the presence of sand on the beach. Hobson Beach was covered in fresh oil at the time PAGENO="0489" 1807 of the December survey. It is possible that all species were not recorded on the transect line simply because they were not visible through the oil. At El Capitan, species numbers decreased between February-March, 1969, and June, 1970. This is similar to the trend recorded at Coal Oil Point and Carpinteria. How-S ever, over the following twelve months, changes in species numbers were similar to those recorded at Hobson Beach and Arroyo Sequit. El Capitan was the area of lowest total num- ber of species (34) compared to Coal Oil Point (50), Carpin- teria (54), Hobson Beach (45) and Arroyo Sequit (41). As it is the most northerly beach and close to the northern limit of the southern species, it is possible that southern species which occur at the other four beaches do not extend that far north. The species decline following the oil spill occurred at the three most' northerly beaches. It is pos- sible that these were northern colder water species which do not extend as far south as Hobson Beach and Arroyo Sequit. Research at present in progress indicates that oil raises temperatures in the intertidal area at low tide. These spe- cies may have succumbed to the temperature changes caused by the oil. The fact that they normally survive at the oil seep areas of Carpinteria and Coal Oil Point would not be surprising, as these areas are not subjected to layers of oil over the whole area, such as were recorded during the spill. Vnfo-rtunately data are not available to test this hypothesis. The total number of algal species recorded at both beaches in areas of natural seepage is greater than that recorded at other beaches within the Santa Barbara Channel. Nicholson and Cimberg, who ignore the seep activity at Carpinteria, compared numbers of plants and animals recorded in June, 1970, at Coal Oil Point, Carpinteria Beach and Dana Point. They state (Chapter 17) "it is evident that Coal Oil Point is characterized by a smaller variety of orga- nisms: those that can tolerate or evade effects of the chronic presence of crude oil." Dana Point is a non-oil seep, private beach situated south of the Santa Barbara Channel. Hence there are two differences operating here-the differ- ence in use by the public, and the difference in exposure to oil. The substrate formation at these three beaches is similar. A total of 60 algal species were recorded at Dana PAGENO="0490" 1808 Point. While the statement made by Nicholson andCimberg (quoted .above) may indeed be correct, the available data do not prove it. Recovery of the intertidal areas depends on the sub- lethal effects on breeding populations and/or inhibition of larval settlement. Straughan (Chapter 10) examined several intertidal species :for such effects. The most detailed studies were made on three barnacle species. No effects on breeding were found on surviving oiled individuals of two species of barnacles, Balanus'glandula and Chthamalus fissus, in upper intertidal areas, while breeding was reduced in oil seep areas and in oiled individuals of Pollicipes polyrnerus in lower intertidal areas. As this species ranges from Alaska to Mexico, a reduction in breed- ing in a small section of its range will not endanger the species as a whole. Balanus glandula settled on oil less than seven weeks after the spill, Chthamalus fissus not until ten months after the, spill. There are no records of Pollicipes polyrnerus settling on oiled surfaces. Newly settled P. polymerus were collected when both they and the substrate were covered by an oil film, but it was impossible to deter- mine whether the barnacles settled before or after the sur- face was exposed to the oil film. Larval settlement in two of the three barnacle species was delayed by the presence of oil on the substrate. Chthamalus fissu~ was present on the oil-straw residue at East Cabrillo and was removed when the * oil-straw residue was removed from the substrate. Therefore even though Chthamalus can settle on the oil-straw residue, this would appear to be of little value in recolonizing the * area if the oil-straw residue and animals will be removed from the substrate by natural forces. Hence an oil-straw mixture will cause an even longer delay in recovery of the biota than the presence of oil alone. * * Data presented on fish catch in the area, and surveys by the California' Department of Fish and Game (Straughan, Chapter. 11) suggest that the oil did not deplete the fish population and that the fishing industry suffered economic losses more through indirect causes such as theclosing of harbors and fouling of boats and equipment. This is not surprising because the oil is relatively insoluble in water and fish were unlikely to be directly exposed to the oil. PAGENO="0491" 1809 Data on the marine mammal populations do not prove large scale mortality as a result of the oil spill. This does not mean there was no mortality due to the oil. Whales and elephant seals appear unharmed by the spill but there was mortality among the California sea lions in an area exposed to the spill. Although Le Boeuf and Brownell (Chapter 14) indIcate that DDT may be a major cause of this mortality, the possibility exists that some of the mortality in California sea lion pups may have been a result of the spill. While data on the populations are inadequate, it appears that the oil did not cause a major disaster in the colonies. A high mortality was recorded in pelagic bird popula.- tions. Only a very low percentage (10.7~%) of all birds taken to cleaning centers survived. Pelagic species fared poorly, mainly because of the difficulties of keeping these species in recovery areas. Their feet could not tolerate the hard substrates. Data on bird populations in the Santa Barbara Channel for 1970 have not been made available by the California Department of Fish and Game. At this point, it is still not known if the pelagic species in the area have recovered. In summary, this study has shown significant mortality in bird populations, in populations of the intertidal bar- nacle ç~jhama1us fissus, in the marine grass Phyllospadix torre~4 and the marine alga Hesperophycus harveyanus. Mor- tality in other areas can be attributed to other sources or possibly to a combination of oil and other sources. 1~eco1o- nization commenced in the intertidal areas within seven weeks of the spill. As of November, 1970, most intertidal areas now have a "normal' population of intertidal inverte- brates. Sublethal effects include a reduction in breeding in Pollicipespolymerus in localized areas. Why, in the light of statements expressing fears for the ecology of the area and reports of large scale damage following other spills, was so little damage reported In the Santa Barbara Channel? One hypothesis is that the biota of the area had a high tolerance to oil built up by almost con- tinuous exposure to small amounts of similar oil from natu- ral seeps over long periods. This hypothesis Is at present being investigated at the Allan Hancock Foundation. PAGENO="0492" 1810 The' presence of oil in the area may have resulted in a normally high population of oil degrading bacteria. Asphal- tic deposits are always present.on some Santa Barbara beaches and Santa Barbara crude oil has a high asphaltene component (Table 4). .Traxler (1970) reports the isolation from seawater of bacteria that will degrade asphaltenes. Hence while the degradation of these asphaltic deposits is not immediately visible, one assumes that it proceeds slowly and that in these areas of asphaltic deposits the deposition rate is higher than the degradation. Another hypothesis is that the large amounts of sedi- ment and debris washed into the Santa Barbara Channel during the period prior to and following the spill acted as a sink- ing agent for the oil'. Results presented in Volume 2 will throw light on this theory. Other reasons relate to the composition and behavior of Santa Barbara crude oil (Table 4). This oil is rela- tively insoluble in water. Kolpack (personal communication) found negligible amounts of petroleum'dissolved in water in active natural oil seep areas. The oil floats on the sur- face of the water where the volatile components are rapidly lost.' As the volatiles are lost, the specific gravity increases. If the oil does not wash ashore, it will grad- ually sink with increasing specific gravity. . ¶t'his slow solubility and the tendency of oil to remain at the: surface, thus allowing the loss of volatile compo- nents, reduce the potential toxicity of the oil. In gen- eral, this oil has to be in actual contact with an organism to affect it. The aromatic fraction which is generally regarded, as the most acutely toxic fraction, is low (Kolpack, personal communication). Most damage in inter- tidal areas was due to smothering. Such appeared to be the case with Chthamalus fissus. Here, then, in spite of fears and predictions to the contrary, we find the Santa Barbara crude oil apparently caused only a small amount of short term damage in the environment. Many of these dire predic- tions were based on experience in other oil spills (Table 5). Evidence available after the Chevron spill (Gulf. of Mexièo crude oil) and the To~~y~ Canyon spill (Kuwait crude oil) also indicates that if the crude oil remains at sea foi~a period, damage in intertidal areas will be limited PAGENO="0493" 1811 to smothering of some species Most of the intertidal and subtidal damage following the Torrey Canyon disaster was caused by the addition of large amounts of detergents., mainly BP 1002, which had an aromatic base. These weremore toxic than the oil itself Mr. W. H. Williams, Government Fisheries Office at Plymouth, reports that along the Cornish coast the catch at the time of the Torrey Canyon disaster did not suffer by more than a negligible amount. This was in spite of the use of relatively toxic detergents in the area Immediately after the wreck most fishermen were drafted for spraying. When they resumed their normal tasks, the lobster catches on only three boats were affected. One catch of mackerel was also contaminated. In all cases, the contamination was by detergents and not oil. While results of effects on cornmer- * cial fishing following th& spill in the Gulf of Mexico are still tied up in litigation, preliminary reports indicate negligible damage to the industry. At the other end of the oil pollution scale is the * spill of No. 2 fuel oil that occurred from the Florida in Falmouth, Massachusetts, in September, 1969 (Blumer, 1969) This was a light oil that contained 41% arômatics and rap-. * idly dispersed through the water column. Crude oils from Santa Barbara and the Gulf of Mexico contain a lower per-. centage of aromatics and the oil floats, allowing evapora-. tion of volatile fractions. Seven to ten days after the Florida spill mortalities of 95-1004 were recorded in intertidal and subtidal areas to down to te~n feet in the area of the spill. As of June, 1970, oil remained in inter- * tidal sediments and there was no obvious evidence of recolo- nization. In fact, through a redistribution of oiled sedi- ments following winter runoff in the area, an even larger area was contaminated. * The Tampico Maru spill was probably the best known oil spill in Southern California prior to the Santa Barbara one * Here a small area was exposed to a high dose of oil for a prolonged period. North ~ ~. (1964) report that the cargo was diesel oil The situation is not directly comparable to the Santa Barbara oil spill because different oils are involved, the dose rate from the Tampico Maru was higher than at Santa: Barbara, and the oil from' the Tampico Maru was PAGENO="0494" 1812 trapped in the cove for several months, while the oil at Santa Barbara remained in one area for a much shorter period Evidence is accumulating emphasizing the fact that because all oil is not the same, its effects when spilled will vary. The composition and behavior of oil is impor- tant A crude oil such as that found in Santa Barbara is far less toxic than a light refined oil However, the crude oil that remains floating at sea poses a greater direct threat to pelagic birds than an oil that disperses through the water column Here we have a dilemma because oil col- lection devices are still ineffectual under many conditions at sea Does one disperse floating oil at sea, save the birds, and increase the exposure o~ species living in the water column, or does one leave the oil to come ashore, endanger birds, and not risk species in the water column? Incidentally the first alternative will also reduce pollu- tion of beaches With present decreasing toxicity and increasing efficiency of new dispersants, the case for dis~ persing floating oil at sea is gaining strength The Dillingham Corporation has recently completed a study of the characteristics of major oil spills (Smith et al , 1970) About 75/ of spills originate from vessels and about 5/ from offshore drilling While this is poor consolation if one is directly affected by a spill from of f- shore drilling, it does indicate that such spills are oniy a small percentage of the problem. About 80% of the oil spilled is crude oil and just under 20% is light `oil. Hence while th.e crude oils discussed here are less damaging to the environment than the light oils, they are spilled in much greater quantities. Evidence indicates that recovery is also more rapid after one of these crude oil spills than after a refined oil spill Following an oil spill, how, when, and where can one expect to find effects on the biota? In an incident such as * a spill from the barge Florida, where 95-100% mortality was recorded in a few days, the acute effects are obvious. In the Santa Barbara spill theseeffects are less obvious, as, for `example, the smothering of one species of barnacle and not another. It would take close examination tO record when the smaller species died A casual observer might not even PAGENO="0495" 1813 know they were under the oil and, seeing the larger species alive, assume that all was. well. When are these effects going to occur? Neushul's sur- veys were made within days of contamination by oil. Nichol- son and Cimberg (Chapter 17) did not commence surveys until summer, 1969. What happened in the intervening period? There were decreases in species numbers at three stations.. When did these decreases occur and were they directly related to oil? . In general, one can see the oil if it is present in Santa Barbara. In areas contaminated by the Florida spill, the oil is not initially visible However, working the mud to produce a pool of water will also reveal an oil film Hence one cannot always assume that because oil is nOt vis... ible, it is not present. Supposing one finds dead animals after an oil spill. Their deat.h may not be the result of the spill. Following the Santa Barbara oil spill, some observers attributed the death of barnacles, killed by fresh water flooding immedi- ately prior to the spill, to the effects of oil (J. Cubit, personal communication). Autopsies and tissue analysis were performed on several dead marine mammals but the biology of these animals is so poorly known that it is unlikely that either the presence or absence of oil could be used to prove or disprove the effects of oil The survey technique is not the answer to the problem. It may work when the pollutant is evenly distributed over an area (e.g., DDT pollution) or becomes evenly diluted away from a point source (e.g., sewage pollution). Crude oil, however, does not behave in this way. Doses are unevenly distributed throughout the areas. Direct observation on specimens in contact with oil is important A species list merely gives information on which species may have disap- peared from the area and which may not~ Ideally detailed knowledge on communities in the area is required, as well as information on species which show whether .the community is viable in the area * Such species could then be used as indicator species This concept is already used widely in pollution work. The presence of capiteila cai~itata only in an area indicates~ a high degree PAGENO="0496" 1814 of pollution. Escherichia ~Qj~ is used as an indicator of sewage pollution It would be impossible to sample for all kinds of ~bacteria. The presence of ~. o~li indicates that~ pathogenic bacteria could be present and appropriate action is taken. Sanders and Grassle (personal communication), follow- ing the Florida spill, are using living/dead ratios of amphipods as an indication of oil pollution with consider-. able success. The species used are very sensitive to the presence of this oil. The use of an indicator organism that is sensitive to oil and not sensitive to other environmental changes operating in the area (such as pesticide or sewage pollution) would aid in the determination of which changes are due to oil and which are due to other environmental factors. The trend in pollution studies to date has been auto- matically to regard the loss of a species as a detrimental effect without consideration of the effects on the energy and nutrient budget of the system. Replacement by another spe- cies either from without or within the system could more than compensate for the loss of a species. . However, contin- uous replacement of species from within the system leads to a decrease in species diversity and a decrease in stability of the community Another method to determine oil pollution effects is being used at the Oil Pollution Research Unit Orielton Field Centre in Wales. Experimental plots are oiled at different seasons of the year and at different frequencies. This allows determination of seasonal effects of oil pollution, recovery rates from oil pollution, and the effects of repeated exposure to oil pollution (Baker, 1969). Labora- tory experimen~ts also form an important part of this work However, care must be taken in extrapolation fror laboratory experiments to field conditions. Sublethal effects of pollution are more difficult to detect. Such effects of pollution by halogenated hydrocar- bons went undetected until in many cases it was too late to reverse the negative trends.. A species may survive in a polluted area but may not breed or may not recolonize the area when the present population dies. .Reduction in the breeding rate in Pollicip~ polymerus and interference with PAGENO="0497" 1815 larval settlement in Chthamalus fsus and Pollicipes polymerus were demonstrated in the Santa Barbara Channel. However, this occurred only over a small percentage of the entire range of these species. ~. ~issus will recolonize oiled surfaces while it is doubtful if P. pp~ymerus will. Sublethal effects such as these warrant further study. If recolonization will be delayed significantly by the presence of oil and/or oil and straw, it may be wiser to clean iñter- tidal areas with detergents if it will allow more rapid recovery of an area. Blunter (1969, 1970) warns about the incorporation of hydrocarbons into the food chain. He demonstrated that scallops ~ irradians) and oysters (ç~assostrea virgirtica) incorporated hydrocarbons from the No. 2 fuel oil spill into their tissues. These oyster beds are at present condemned. What are the effects of th~se hydrocarbons in the food chain? At the moment we do not know. Surely here is an area that requires urgent research, particularly in the light of statements such as `While the direct causation of cancer by crude oil and crude oil residues has not yet been demonstrated conclusively, it should be pointed out that oil and residues contain `hydrocarbons similar to those in tobacco tar" (Blunter, 1969:5). Organisms living in the Santa Barbara Channel have been exposed to oil over a long period. If these organisms are incorporating oil hydrocarbons into their tissues. to their detrim~nt and the' detriment of species further along the food chain, these effects should be. discernible. To my knowledge, there has been no research on this topic in this area. Extrapolation of results to other areas must take into account the composition of oils involved.' In conclusion I would like to reiterate that damage to the biota was not widespread, but was limited to several species, and that the area is recovering. In retrospect, it is not surprising that the studies after the Santa Barbara oil spill revealed `such a small amount of damage. However, recurrent spills of this type at frequent intervals would probably result in large ecological changes. Likewise,' spills of refined oils present an entirely different problem~ and one that warrants far more concern. ` PAGENO="0498" 1816 J. RAY McDERMOTT & CO., INC. ENGINEERS AND GENERAL CONTRACTORS 1010 COMMON STREET P. 0. BOX 60035, NEW ORLEANS, LOUISIANA 70180 C. L.GRAVES March 29, 1972 Senator Henry M. Jackson, Chairman Senate Committee on Interior and Insular Affairs Senate Office Building Washington, D. C. Dear Senator Jackson: RE: Oversight Hearings Regarding the Outer Continental Shelf By the Senate Committee on Interior and Insular Affairs We would like to present this letter as testimony for the record of the subject hearings in lieu of requesting time at the hearings for verbal presentation. Since our company's name may not be familiar to the Committee, we are publicly~owned and our stock is listed on the New York Stock Exchange. J. Ray McDermott S ., Inc., is a service organization that provides specialized engineering and construction services for the hydrocarbons mining industry, particularly in the offshore sector. As a criteria of our size, we have reported our gross sales in recent years as high as $318,000,000 per year. A substantial portion of these sales was derived from work in the Gulf of Mexico on the Outer Continental Shelf. This statement is confined to 11the impact of environmental requirements on OCS operations.11 The other points being investigated by the Committee, I am sure, will be far better covered by other members of the industry, and we do not seek to elaborate on them. Our company provides services to design, fabricate, install, and place into operation the physical facilities required to produce oil and gas. Our greatest area of effort is offshore the many countries in which we work. Our work in a marine environment originated in Louisiana at the inception of the offshore industry. PAGENO="0499" 1817 Xn Louisiana are located our executive offices and domestic engineering, fabricating, shipbuilding, platform erection, and pipeline construction facilities. Our work force is principally drawn from Southern Louisiana. Our first offshore contract, out of sight of land, was in 1947. At that time, we employed approximately 300 people with a payroll of approximately 1.5 million dollars annually. To say that offshore work has been cyclical and fraught with change in its ups and downs, is an understatement. The growth of offshore construction activity in the Gulf of Mexico from its beginning in the mid `40's was steady until 1950 when the Supreme Court's decision against Louisiana and Texas brought such activity to virtually a complete halt. The dislocation of our men and equipment was acute, but we survived. The passage of the Submerged Lands Act of 1953 and Outer Continental Shelf Lands Act of that same year brought forth new leasing, and the offshore industry re- grouped and began to prosper again with a corresponding increase in employment of people. The Supreme Court's injunction of 1956 caused another almost instant dislocation of work, and, in spite of the interim agreement reached that year, a severe recession in offshore business occurred that lasted until the stimulus of the major lease sales in 1960 started recovery. The period of the 1960's ran relatively well until the moratorium on leasing occurred in February 1969. The year of 1969 was the all~time high of activity in the Gulf, however, the Fall of that year brought on a decline that was to lead to the greatest depression the industry in South Louisiana has ever experienced. To indicate the economic impact on Louisiana, I present you the following statistics: J. Ray McDermott & Co., Inc. Gulf Coast Activity Date Annual Payroll Number of Employees Peak of 1969 $40,616,000 4,5144 Low in Winter 1970-71 28,374,000 2,835 January 1, 1972 36,831,000 3,421 7. Ray McDermott g Co., Inc. Purchase of Outside. Services Peak of 1969 $65,160,000 per year Low in Winter 1970-71 36,400,000 per year January 1, 1972 52,000,000 per year PAGENO="0500" 1818 You will note from these statistics that we laid off over 1,700 people, which affected the livelihood of almost 10,000 persons in South Louisiana when you consider the dependents of these employees Further, this meant a loss of income to the economy of Louisiana and to the Nation of approximately $46,000,000 per year as a result of the decline in our business alone, and we are but one of the companies operating in the Gulf of Mexico as a service company In analyzing why the severe curtailment of work occurred, it is apparent that this was the result of the moratorium on leasing that came in February, 1969 The offshore oil and gas industry is dependent on a continuing and orderly leasing program of Federal submerged lands to provide new areas to explore and from which to produce Sporadic leasing activity leads only to the tremendous cyclical swings that have been the history of this business in the Gulf of Mexico Since early 1971, we have removed four major pieces of our construction equipment from the Gulf of Mexico to foreign areas This has in part helped our company business, but it certainly has not been helpful to Oul? former employees and the companies that supply goods and services to us New life was given to the Gulf Coast with the Federal sale of December, : 1970, and the degree of our recovery is indicated in the statistics quoted herein Because of the increasing demand for oil and gas, each swing * in the Off shore industry.~ requires more personnel.. Consequently each disruption from external sources creates a greater impact on the local communities because a larger group of people are being affected Also this situation becomes more óritical each time a dislocation come.s about because experienced people do not wish to return to an industry whose continuity and growth are so uncertain Such mobility of labor presents a serious management problem as well as a heavy burden for the governments of the local communities President Nixon's special "Clean Energy Message" to Congress on June 4, 1971, we thought to be the first step in the establishment of a national energy * policy for * the. United * * States * Secretary of the Interior Morton's release of June 15,1971 outlined a proposed federal offshore leasing schedule for five years, which we felt indicated that at last a degree of stability was indicated for offshore work PAGENO="0501" 1819 The legal problems that led to the cancellation of the lease sale proposed for December 21, 1971, are certainly vividly known to all of you We in the industry are dependent on these sales for continuity of our work Continuity of work, in turn, means employment and revenues produced on which taxes are paid to Municipal, State and Federal Government We follow with intense interest the plans of the Department of Interior regarding rescheduling of lease sales since these are, in fact, the life blood of our industry The conflict, of course, lies between the provisions of the Environmental Protection Act and the Outer Continental Shelf Act It appears as if there are no positive guidelines under the Environmental Protection Act from which the Departhent of the Interior can determine its required actions to continue its activities in an orderly fashion under the Outer Continental Shelf Act We are of the opinion that no one disagrees with the general intent of the Environmental Protection Act We certainly need to prevent further pollution or irrepairable damage of our environment and to take steps, as rapidly as economically possible, to reduce pollution that does exist, but we find it difficult to believe that the Congress intended that the Environmental Protection Act should be over~riding of every other act Congress had ever passed Further, we do not believe the. Congress had in mind that the implementation of the Environmental Protection Act should, in f act, . take* precedence. over all~ federal, and private. Commerce in the United States The latest information we have on the offshore lease sale scheduled for last December is that it will be held at the earliest in August of 1972 We also understand the lease sale scheduled for May of 1972 can occur no sooner than two months later, which would make that sale in October To our knowledge,.. neither of these. dates,~ has. been officially announced Xf these sales are not held at least by these dates and some firm schedule adhered to in the future, South Louisiana is destined for another severe depression like the one occurring in the winter of 1970-71 The lack of an orderly sale schedule, beginning at an early date, would be most unfortunate for the United States as a whole because it would deprive the people of this country of the oil and the gas that is becoming increasingly in short-supply PAGENO="0502" 1820 It would also deprive all branches of government badly needed income for their many financial requirements, including works to improve and protect the environment We are confident that your good Committee can be extremely helpful in clarifying the confusing situation that now `exists. We urgently and respectfully request' your assistance, and are prepared to provide any further information you desire Very truly yours, J RAY McDERMOTT g CO , INC L Graves President PAGENO="0503" 1821 PALMDALE, CALIF., May 20, 1972. Hon. HENRY M. JACKSON, Eenate Office Building, Washington, D.C. DEAR SENATOR JACKSON: Both as a West Coast Senator, and as Chairman of the Interior Committee it is essential that you understand the true precarious oil reserve situation. It has been obscured by much misinformation by people who don't seem to know that an oil shortage is thousands of times worse than oil spills, which may not even happen. It is vital that the Committee not report favorably on any bill that would cur- tail oil operations in the Santa Barbara Channel. The inclosed evidence, "EN- VIRONMENTALISTS' PROPOSALS ENDANGER ENVIRONMENT", was pre- pared for California Legislators, but applies equally to the adjacent Federal Outer Continental Shelf lands. Very truly yours, WILLIAM W. PORTER II, Registered Independent Geologist. STATEMENT OF WILLIAM PORTER II, PALMDALF, CALIF. Any of several environmental proposals, if passed, would create a grave state- wide mineral shortage. Although only the Coastal area is being stressed, the fact remains that the minerals underlying the State Tidelands belong to all the peo- ple, and all the people need the oil. The users of merely the coastal waters an.d scenery have no right to lock up and withdraw vitally needed minerals from use by the rest of the State. Consequently, the several environmental bills that pre- vent the development of minerals, principally oil, would for all practical pur- poses, confiscate the oil owned by inland citizens. Normally, it would be im- possible to imagine legislators representing the owners of almost all of the State Tideland oil to surrender it, at this late date, for limited aesthetic use. But times are not normal. The hoax is being perpetrated by the environmen- talist lie-that we have plenty of oil inland and don't need to drill the Santa Barbara Channel-that offshore oil drilling can be shut in without damage to the rest of the State, This premise is completely false! The offshore oil development is badly needed now! California depends on imports for about one-third of its present oil needs. It will be a tragedy if misinformed legislators and their con- stituents vote to curtail offshore oil development on the false premise that if it is not needed. It is needed. There is not plenty of untapped oil inland! Any increased demand or decrease of existing supply can be offset only from foreign imports-from the same unrealistic sources in Asia and the Middle East that were cut off within hours after Pearl Harbor. Both the current California Conservation Committee import figures and the U.S. Geological Survey report on the Santa Barbara Channel show that we desperately need to develop our off- shore reserves to avoid increasing dependence on foreign imports. When 11 was helping administer oil reserves for the Federal Government In World War II, California could not produce enough oil to supply the Pacific Theater. Californians have since used up about 10 billion barrels. The Texas and New Mexico pipelines, built after the war, are carrying about capacity now. Mass hysteria is blinding out community to the reality of a dangerous existing oil shortage. Environmentalist propaganda has replaced responsible professional reserve appraisal with irresponsible, and unsnpported claims of a California oil abundance that, in fact, doesn't exist. These amateurs don't seem to realize that California oil energy is a high priority part of the environment. It is vital for the existence of the security which makes the desirable but secondary aes- thetic values even possible. Environmentalists have no substantive arguments, but only vague generalities, and charges of ". . . scare tactics, lies, threats, and false charges." They persist in irresponsible claims they can't substantiate. The California Conservation Com- mittee figures for 1970 show a decline in oil production for the State as a whole of 12.6%, even though offshore production which long averaged only 7.7%, has increased in recent years to 27% by 1970. It is obvious that the land production province which has been the mainstay of western oil supply for nearly a century is in a serious decline. It cannot even maintain its present production rate, much less increase it. 1 Independent registered geologist with no personal interest in any type of ollshore development as principal, employee, or consultant. PAGENO="0504" 18:22 It is equally obvious that the offshore province has demonstrated a potential for increased production and improved reserve supply. Yet environmentalists still blindly advocate placing the State's oil dependence on the steadily declining land supply, and locking up offshore the only known and potential reserves we have. Prosposals to conserve the offshore oil in an energy reserve are unworkable because of the time factor. The oilfields in such a reserve will be undiscovered and undeveloped and, hence, useless, when laymen managers finally recognize and admit the need. There are signs of an awakening backlash and realization that development of the oil resources of our environment is essential for the security of the State and the Country. It far transcends economics of oil companies which are irrevelvant. They are merely purveying agents who lease the peoples' oil on the peoples' terms and make it available to the State and Nation. It is not clear how the myth of our fictitious oil affluence got implanted, but in the hysteria of the incoming environmental decade credentials apparently were not very carefully checked. The Los Angeles Times editorialized against Cihan- nel drilling since they apparently thought there was "plenty of untapped oil inland" and got a Pulitzer Prize. The Sierra Club reportedly advised the U.S. Senate Interior Committee that Channel oil was not needed; and the Wilderness Society helped block California's access to Alaska North Slope oil. The California Secretary of Resources is a life member of both the Sierra C~Iuib and the Wilder- ness Society. Some anti-poilutionists are pushing for a natural gas driven auto while others are trying to block development of offshore natural gas to run it. The so-called Clean Environment Act (Proposition 9 in the June Primary) would ban offshore oil drilling and also put a 5-year ban on nuclear power con- struction, thus completing California's dependence on the reserve-rich countries of the eastern hernisphere.-"some of them politically unstable, some politically hostile, and some both." What enemy saboteur could damage us more? No wonder legislators are confused. Proposition 9 and all the various bills that would restrict energy develop- ment are dangerously against the public interest and should be scrapped! Then sane regulations in accord with ecology (which these are not) can be enacted after adequate study, as needed. Noxz.-An example of the danger of U.S. dependence on foreign oil sources was reported by Time magazine, April 24, 1972, page 38: ". . . Soviet Premier Aleksel Kosygin's five~ day visit to Iraq last week was to join Iraqi Strongman Saddam Hussein Takrlti at the ceremonies marking the start of production at the rich North Rumeila oilfield 240 mIles south of Baghdad. Developed with $192 million of Soviet assistance, the field, which was expropriated from Western oil companies in 1961, is expected to produce ~O million tons of oil a year by the end of the decade." (Emphasis added) 0