88 STAT. ]
PUBLIC LAW 93-248-FEB. 5, 1974
may reasonably be expected to result in major harmful consequences, the Secretary may, except as provided for in section 10, without liability for any damage to the owners or operators of the ship, to her cargo or crew, or to underwriters or other parties interested therein, take measures on the high seas, in accordance with the provisions of the Convention and this Act, to prevent, mitigate, or eliminate that danger. SEC. 4. In determining whether there is grave and imminent danger ^3 USC 1473. of major harmful consequences to the coastline or related interests of the United States, the Secretary shall consider the interests of the United States directly threatened or affected including but not limited to, fish, shellfish, and other living marine resources, wildlife, coastal zone and estuarine activities, and public and private shorelines and beaches. SEC. 5. Upon a determination under section 3 of this Act of a grave 33 USC 1474. and imminent danger to the coastline or related interests of the United States, the Secretary may— (1) coordinate and direct all public and private efforts directed at the removal or elimination of the threatened pollution damage; (2) directly or indirectly undertake the whole or any part of any salvage or other action he could require or direct under subsection (1) of this section; and (3) remove, and, if necessary, destroy the ship and cargo which is the source of the danger. SEC. 6. Before taking any measure under section 5 of this Act, the ^^ ^^'^ ^'*^^' Secretary shall— (1) consult, through the Secretary of State, with other countries consultation. affected by the marine casualty, and particularly with the flag country of any ship involved; (2) notify without delay the Administrator of the Environ- Notification. mental Protection Agency and any other persons known to the Secretary, or of whom he later becomes aware, who have interests which can reasonably be expected to be affected by any proposed measures; and (3) consider any views submitted in response to the consultation or notification required by subsections (1) and (2) of this section. SEC. 7. In cases of extreme urgency requiring measures to be taken 33 USC 1476. immediately, the Secretary may take those measures rendered necessary by the.urgency of the situation without the prior consultation or notification as required by section 6 of this Act or without the continuation of consultations already begun. SEC. 8. (a) Measures directed or conducted under this Act shall ^^ "^^ ^'*^'* be proportionate to the damage, actual or threatened, to the coastline or related interests of the United States and may not go beyond what is reasonably necessary to prevent, mitigate, or eliminate that damage. (b) In considering whether measures are proportionate to the damage the Secretary shall, among other things, consider— (1) the extent and probability of imminent damage if those measures are not taken; (2) the likelihood of effectiveness of those measures; and (3) the extent of the damage which may be caused by those measures. SEC. 9. In the direction and conduct of measures under this Act the 33 USC 1478. Secretary shall use his best endeavors to— (1) assure the avoidance of risk to human life; (2) render all possible aid to distressed persons, including facilitating repatriation of ships' crews; and (3) not unnecessarily interfere with rights and interests of
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