Proceedings magazine is a communication tool for the Coast Guard's Marine Safety & Security Council. Each quarterly magazine focuses on a specific theme of interest to the marine industry.
Issue link: https://uscgproceedings.epubxp.com/i/284910
37 Spring 2014 Proceedings www.uscg.mil/proceedings There are times when maritime pollution incidents can affect or threaten the waters or coastal areas of more than one country. Consequently, the challenges of responding to these kinds of incidents can increase when international laws and national diplomacy are overlaid on the situation. Therefore, the U.S. Coast Guard, the Department of State (DOS), and other federal agencies are collaborating to effec- tively manage and respond to transboundary pollution inci- dents — regardless of where they originate. To do this, the Coast Guard's Offce of Marine Environmental Response Policy works with the Offce of International and Maritime Law, the State Department's Bureau of Oceans and Interna- tional Environmental and Scientifc Affairs (specifcally the Offce of Ocean and Polar Affairs), and appropriate country desks at DOS to implement various international agree- ments. These agreements can be bilateral or multilateral 1 joint contingency plans (JCPs), which support operational plans within the framework of the approved district-level developed agreements. The Challenges International laws related to transboundary pollution are complex. Moreover, each incident presents unique factors, which makes generalizing the subject very diffcult. Pres- ently, binding international agreements address forms of pollution, but they do not always cover specifc details such as strict liability, compensation, or response activities. In fact, these agreements may also exclude activities on the continental shelf such as oil and gas drilling. Other com- plicating factors include exerting jurisdiction on activities occurring outside recognized maritime boundaries. For example, many companies that drill for oil and gas are actually owned by their respective governments and do not necessarily conduct operations in their own waters, so the U.S. relationship with adjacent nations can affect pollution response. The Process The Coast Guard must frst obtain a "Circular 175" autho- rization from the State Department's Offce of the Legal Adviser, before it starts any discussions with foreign nations. 2 To obtain this authorization, the Coast Guard must submit a memorandum of request through the appropriate DOS offce to an offcial at the assistant secretary level or higher. This process can include many iterations and will generally take three to six months to complete. 3 Once DOS grants this authority, the Coast Guard begins negotiations with appropriate agency representatives from the other country (or countries) to develop a new agreement or amend an existing one. Typically, Coast Guard headquar- ters and district workgroups and our counterparts in the other country's responsible agency for maritime pollution response hammer out the details. Transboundary Pollution Response Managing threats that respect no boundaries. by CAPT john slAughter Chief U.S. Coast Guard 7th District Planning and Force Readiness Division LCDR CAllie Deweese Deputy Chief U.S. Coast Guard Offce of Marine Environmental Response Policy International Spill Coordination Division Border Security and the Environment Spring2014_FINAL.indd 37 3/21/14 11:14 AM