Oil record book requirements. 80 Stat. 374. Tankers. Other ships. Ante, p. 425. 87 STAT. 427 87 STAT. 428 Repeal. Foreign ship violations. 75 Stat. 404. Repeal. 33 USC 1013, 1001 note. Repeal. 80 Stat. 375. (C) in subsection (a) by deleting from the last sentence thereof the words "Bureau of Customs and" and the words "in a prohibited zone or in a port of the United States"; and (D) in subsection (b) by deleting in the first sentence thereof the words "of the Department in which the Coast Guard is operating" and by deleting the second sentence thereof in its entirety. (9) Section 9 (33 U.S.C. 1008) is renumbered section 10 and is amended (A) by amending subsection (c) to read as follows: (c) The oil record book shall be completed on each occasion, on a tank-to-tank basis, whenever any of the following operations take place in the ship: "(1) for tankers— "(i) loading of oil cargo; 66 (ii) transfer of oil cargo during voyage; "(iii) discharge of oil cargo; 66 (iv) ballasting of cargo tanks; 66 (v) cleaning of cargo tanks; "(vi) discharge of dirty ballast; "(vii) discharge of water from slop tanks; "(ix) discharge overboard of bilge water containing oil which has accumulated in machinery spaces while in port, and the routine discharge at sea of bilge water containing oil unless the latter has been entered in the appropriate logbook; "(2) for ships other than tankers "(i) ballasting or cleaning of bunker fuel tanks; 66 (ii) discharge of dirty ballast or cleaning water from bunker fuel tanks; "(iii) disposal of residues; "(iv) discharge overboard of bilge water containing oil which has accumulated in machinery spaces while in port. and the routine discharge at sea of bilge water containing oil unless the latter has been entered in the appropriate logbook. In the event of such discharge or escape of oil or oily mixture as is referred to in section 4 of this Act, a statement shall be made in the oil record book of the circumstances of. and reason for, the discharge or escape."; (B) by changing the figure "9" in subsection (d) to read "10"; and (C) by repealing subsection (f). (10) Section 10 (33 U.S.C. 1009) is renumbered section 11 and is amended to make the sectional enumeration read as follows: "Sections 3, 4, 5, 6, 7, 9, and 10." (11) Section 11 is renumbered section 12 and is amended by deleting the words "any prohibited zone" in subsection (b) thereof and by substituting there for the words "violation of the convention but outside the territorial sea of the United States". (12) Section 12 (33 U.S.C. 1011) is repealed. (13) Sections 14 and 15 are renumbered sections 13 and 14, respectively. (14) Section 16 (33 U.S.C. 1014) is renumbered section 15 and is amended by adding between the words "provisions of" and the word "the" the words "section 311 of", and by deleting the words "Oil Pollution Act, 1924 (33 U.S.C. 431-437),", and substituting therefor the words "Federal Water Pollution Control Act, as amended,”. (15) Section 17 (33 U.S.C. 1015) is repealed. SEC. 3. (a) Except as provided in subsection (c) of this section, this Effective date. amending Act is effective upon the date of its enactment or upon the 87 STAT. 428 date amendments to the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, adopted by the 12 UST 2989. Assembly of the Inter-Governmental Maritime Consultative Organization on October 21, 1969, October 12, 1971, and October 15, 1971, are ratified or accepted with the advice and consent of the Senate of the United States, whichever is the later date. (b) Any rights or liabilities existing on the effective date of this Savings proAct shall not be affected by the enactment of this Act. Any regulations vision. or procedures promulgated or effected pursuant to the Oil Pollution Act, 1961, as previously amended, remain in effect until modified or 75 Stat. 402. superseded under the authority of the Oil Pollution Act, 1961, as 33 USC 1001 amended by this Act. Any reference to the International Convention note. for the Prevention of Pollution of the Sea by Oil, 1954, in any law or regulation shall be deemed to be a reference to the convention as revised or amended by the latest amendments in respect of which the United States has deposited an instrument of ratification or acceptance. (c) Notwithstanding the foregoing provisions of this section, sub- Effective sections (d) and (e) of section 6 of the Oil Pollution Act, 1961, as date. amended by section 2 of this bill, shall be effective upon the date of their enactment or upon the date the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended by the amendments adopted by the Assembly of the Inter-Governmental Marine Consultative Organization on October 15, 1971, enters into force pursuant to article XVI of that convention, as amended, whichever is later; and no authority shall be exercised pursuant to article VI bis (3) and (4) of such amendments prior to the effective date of such subsections. Approved October 4, 1973. LEGISLATIVE HISTORY: HOUSE REPORT No. 93-137 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 119 (1973): May 8, considered and passed House. 87 STAT. 885 Nation's international commitments and to better safeguarding, for the benefit of all citizens, the Nation's heritage in fish and wildlife. (b) PURPOSES.-The purposes of this Act are to provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved, to provide a program for the conservation of such endangered species and threatened species, and to take such steps as may be appropriate to achieve the purposes of the treaties and conventions set forth in subsection (a) of this section. (c) POLICY.-It is further declared to be the policy of Congress that all Federal departments and agencies shall seek to conserve endangered species and threatened species and shall utilize their authorities in furtherance of the purposes of this Act. DEFINITIONS SEC. 3. For the purposes of this Act (1) The term "commercial activity" means all activities of industry and trade, including, but not limited to, the buying or selling of commodities and activities conducted for the purpose of facilitating such buying and selling. (2) The terms "conserve", "conserving", and "conservation" mean to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking. (3) The term "Convention" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973, and the appendices thereto. (4) The term "endangered species" means any species which is in danger of extinction throughout all or a significant portion of its range other than a species of the Class Insecta determined by the Secretary to constitute a pest whose protection under the provisions of this Act would present an overwhelming and overriding risk to man. (5) The term "fish or wildlife" means any member of the animal kingdom, including without limitation any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof. (6) The term "foreign commerce” includes, among other things, any transaction (A) between persons within one foreign country; (B) between persons in two or more foreign countries; (C) between a person within the United States and a person in a foreign country; or (D) between persons within the United States, where the fish and wildlife in question are moving in any country or countries outside the United States. (7) The term "import" means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any Public Law 93-205 93rd Congress, S. 1983 December 28, 1973 An Act To provide for the conservation of endangered and threatened species of fish, wildlife, and plants, and for other purposes, 87 STAT. 884 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may Endangered be cited as the "Endangered Species Act of 1973”. Species Act of 1973. SEC. 2. (a) FINDINGS.--The Congress finds and declares that- (2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction; (3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people; (4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to— (A) migratory bird treaties with Canada and Mexico; (B) the Migratory and Endangered Bird Treaty with Japan; (C) the Convention on Nature Protection and Wildlife 56 Stat. 1354. Preservation in the Western Hemisphere; (D) the International Convention for the Northwest 1 UST 477. Atlantic Fisheries; (E) the International Convention for the High Seas Fish- 4 UST 380. eries of the North Pacific Ocean; (F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (G) other international agreements. (5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the |