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Status report on law of the sea conference : Hearing before the Subcommittee on Minerals, Materials and Fuels of the Committee on Interior and Insular Affairs, United States Senate, Ninety-fourth congress, first session (Volume pt. 4) online

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Online LibraryMaterials United States. Congress. Senate. Committee on InteStatus report on law of the sea conference : Hearing before the Subcommittee on Minerals, Materials and Fuels of the Committee on Interior and Insular Affairs, United States Senate, Ninety-fourth congress, first session (Volume pt. 4) → online text (page 1 of 14)
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STATUS REPORT ON LAW OF THE SEA CONFERENCE



HEARING

SUBCOMMITTEE ON
MINERALS, MATERIALS AND FUELS

OF THE

COMMITTEE ON

INTERIOR AND INSULAR AFFAIRS

UNITED STATES SENATE

NINETY-FOURTH CONGRESS

FIRST SESSION

ON

STATUS REPORT ON LAW OF THE SEA CONFERENCE



OCTOBER 29, 1975



PART 4




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/. _s y/s : & t/s/ft' y



Printed for the use of the
Committee on Interior and Insular Affairs



U.S. GOVERNMENT PRINTING OFFICE
61-387 WASHINGTON : 1975

NORTHEASTERN UNIVERSITY SCHOOL of LAW LIBRARY



COMMITTEE ON INTERIOR AND INSULAR AFFAIRS

HENRY M. JACKSON, Washington, Chairman
FRANK CHURCH, Idaho PAUL J. FANNIN, Arizona

LEE METCALF, Montana CLIFFORD P. HANSEN, Wyoming

J. BENNETT JOHNSTON, Louisiana MARK O. HATFIELD, Oregon

JAMES ABOUREZK, South Dakota JAMES A. McCLURE, Idaho

FLOYD K. HASKELL, Colorado DEWEY F. BARTLETT, Oklahoma

JOHN GLENN, Ohio
RICHARD STONE, Florida
DALE BUMPERS, Arkansas

Grenville Garside, Special Counsd and Staff Director

Daniel A. Dreyfus, Deputy Staff L irector for Legislation

William J. Van Ness, Chief Counsel

D. Michael Harvey, Deputy Chief Counsel

Owen Malo.ne, Senior Counsel

Harrison Loesch, Minority Counsel



Subcommittee on Minerals, Materials and Fuels

LEE METCALF, Montana, Chairman
HENRY M. JACKSON, Washington PAUL J. FANNIN, Arizona

J. BENNETT JOHNSTON, Louisiana CLIFFORD P. HANSEN, Wyoming

JOHN GLENN, Ohio DEWEY F. BARTLETT, Oklahoma

RICHARD STONE, Florida
DALE BUMPERS, Arkansas

D. Michael Harvey, Deputy Chief Counsel
Merrill W. Englund, Special Committee Assistant for Outer Continental Shelf

(n)









CONTENTS



STATEMENTS



Maw, Hon. Carlyle E., Under Secretary of State for Security Assistance
and Special Representative of the President and Chief of the U.S.
Delegation to the Third United Nations Law of the Sea Conference,
accompanied by John Norton Moore, Chairman, National Security
Council Interagency Task Force on Law of the Sea and Deputy Special
Representative of the President for the Law of the Sea Conference, and
Leigh S. Ratiner, Administiator, Ocean Mining Administration, De- P»se
partment of the Interior 1426

Metcalf, Hon. Lee, a U.S. Senator from the State of Montana 1423

ADDITIONAL MATERIAL

Address by the Honorable Henry A. Kissinger, Secretary of State, before
the American Bar Association Annual Convention, Montreal, Canada,

August 11, 1975 I 430

Maw, Hon. Carlyle E., Under Secretary of State for Security Assistance,

letter to Senator Metcalf, September 11, 1975 1426

Metcalf Hon. Lee, a U.S. Senator from the State of Montana, letters to:

Leigh Ratiner, August 26, 1975 1425

Carlyle E. Maw, September 5, .1975 1425

Senator Magnuson, October 24, 1975 1426

"The Path to Easy Failure," by C. L. Sulzberger, from the New York

Times, Sunday, October 26, 1975 1459

APPENDIX

"Congress Tackles a Fishy Problem," by Arlen J. Large, from the Wall

Street Journal, October 23, 1975 1589

Factual Comparison of Part II of the Informal Single Negotiating Text of
the Third United Nations Conference on the Law of the Sea (Geneva
Session) with United States Proposals Prior to the Geneva Session,
from American Law Division, Library of Congress 1496

Factual Comparison of the Informal Single Negotiating Text of the Third
United Nations Conference on the Law of the Sea (Geneva Session)
with United States Seabed Proposals Prior to the Geneva Session, from
American Law Division, Library of Congress 1478

Ikard, Frank N., president, American Petroleum Institute, Washington,

D.C., letter to Senator Metcalf, August 22, 1975 1465

Statement of policy on jurisdiction over the Natuial Resources of the

Ocean Floor 14 66

Johnston, James L., Wilmette, 111., letter to the editor, the Wall Street

Journal, October 24, 1975 1591

"Keeping Our Share of the Oceans' Riches," by H. Gary Knight, from

Newsday, September 28, 1975 1586

Mining Rights in the Deep Seabed, by Northcutt Ely, piesented before

the American Mining Congress, San Francisco, Calif., October 1, 1975- - 1519

National Advisoiy Committee on Oceans and Atmosphere, fourth annual

report ?r " j - ~ 14 " 6

NO A A reports preliminaiy results from Deep Ocean Mining Study,

Department of Commerce news release, April 29, 1975 1583

Ratiner, Leigh S., Administrator, Ocean Mining Administration, Depart-
ment of the Interior, statement before the American Mining Congress,

October 1, 1975 1575

(Hi) —



STATUS REPORT ON LOW OF THE SEA CONFERENCE



WEDNESDAY, OCTOBER 29, 1975

U.S. Senate,
Subcommittee on Minerals, Materials and Fuels,

of the Committee on Interior and Insular Affairs,

Washington, D.C.

The subcommittee met, pursuant to notice, at 10:20 a.m., in room
3110, Dirksen Office Building, Hon. Lee Metcalf presiding.

Present: Senators Metcalf, Fannin, and Representative Thomas N.
Downing of Virginia.

Also present: D. Michael Harvey, deputy chief counsel; Merrill W.
Englund, special committee assistant for Outer Continental Shelf,
and Harrison Loesch, minority counsel.

Senator Metcalf. The subcommittee will be in order.

Congressman Downing would you come up and sit with us.

Congressman Downing. Thank you, Mr. Chairman.

Senator Metcalf. We are delighted to have you here and help us
participate in this hearing.

Congressman Downing. I do not know how long I can stay, Mr.
Chairman, but I will stay as long as I can.

Senator Metcalf. You are welcome just as long as you can stay.

We have Mr. Carlyle E. Maw, Undersecretary of State for Security
Assistance and Special Representative of the President for the Law
of the Sea Conference as our first witness.
Have you a copy of my opening statement, Mr. Maw?

Mr. Maw. Yes, I was handed one, Mr. Chairman.

Senator Metcalf. Have you had an opportunity to read it?

Mr. Maw. I will just glance at it.

Senator Metcalf. In\he interest of time, and so that Congressman
Downing can be here as long as possible, I will put it in the record at
this point, and we will then start with you, Mr. Maw.

I also have for the record at this point the notice of this hearing
and related correspondence, incl uding invitations to the chairmen and
members of other committees who share an interest in this complex
subject.

[The information referred to follows :]

Statement of Hon. Lee Metcalf, a U.S. Senator From the State of
Montana

This is the fourth in a series of hearings before this Subcommittee on the status
of negotiations at the United Nations Law of the Sea Conference. The first was
held on 10 September 1973 and published under the title "Status Report on Law
of the Sea Conference." The second was held on 17 September 1974 and published
as Part 2 of the Status Report. The third, on 4 June 1975, was Part 3.

(1423)



1424

At the latter hearing Ambassador Moore testified that the executive branch of
our government was — in his words — "now conducting a thorough reevaluation
of our interim policy" on the law of the sea.

He put it this way — and I am quoting from page 1175 of the printed hearings:

". . . we are now conducting a thorough reevaluation of our interim policy to
insure that the necessary balance is found between our broad interest in a multi-
lateral resolution of oceans' problems and our more immediate needs, particularly
the protection of coastal fisheries stocks and access to the raw materials on the
seabed. This reevaluation will take into account the strong preference of many
Members of Congress for an extension of coastal fisheries jurisdiction to 200 miles,
the nearly universal acceptance by the Conference of the 200-mile economic zone,
and the need to construct an interim policy which encourages the timely conclusion,
of a comprehensive Law of the Sea Treaty in the interests of all nations.

"Because of the concern of many Members of Congress with our immediate
oceans' needs during the next few weeks, I and others will be consulting closely
with this and other interested committees of both Houses. As a responsible nation
and a good neighbor, we will also be consulting with our immediate neighbors and
other affected nations.

"We hope to complete our study and consultations by, or soon after, the August
Congressional recess at which time we will submit to the Congress not only our
recommendations concerning interim legislation, but also a full and frank evalua-
tion of the factors that we have weighted. This evaluation will not be a brief for our
conclusions, whatever they may be. Rather, it will be as objective as possible
and will lay before you the many factors which both the Congress and the Execu-
tive must weigh.

"We wish to make clear that we do not preclude any particular result to our
reevaluation, including the principal proposals now pending before the Congress.
We ask only that together we plan an interim policy which will be most effective
in meeting our interim oceans' needs and encouraging a satisfactory long-run
solution through a comprehensive law of the sea treaty."

That commitment — at least members of this Subcommittee regarded it as one —
was made more than four months ago. Today we are interested in hearing what
was billed in advance as your "recommendations concerning interim legislation"
and a "full and frank evaluation of the factors that we have weighted."



Notice of Hearing

Mr. Metcalf. Mr. President, when he last appeared before the Subcommit-
tee on Minerals, Materials and Fuels, Ambassador John Norton Moore said the
executive branch of our Government was "now conducting a thorough reevalua-
tion of our interim policy" on the law of the sea.

He continued:

"We hope to complete our study and consultation by, or soon after, the August
Congressional recess at which time we will submit to the Congress not only our
recommendations concerning interim legislation, but also a full and frank evalua-
tion of the factors that we have weighed."

The hearing of this past June 4 was printed as part 3 of the "Status Report on
Law of the Sea Conference."

Soon after I had tentatively scheduled a hearing for September 17 to hear
about the reevaluation, the recommendations and the evaluation, I was asked to
postpone the hearing to give the State Department the opportunity for discussions
with its Advisory Committee. I agreed to do so.

This will notify my colleagues that the hearing will begin at 10 a.m., October 29,
in room 3110, Dirksen Senate Office Building. The hearings will be devoted solely
to hearing witnesses from the executive branch discuss the reevaluation, the
recommendations and the "full and frank evaluation."

To testify, I have invited Mr. Carlyle E. Maw, Undersecretary of State for
Security Assistance and Acting Special Representative of the President for the
Third United Nations Conference on the Law of the Sea. I asked him to bring
Ambassador Moore and other representatives of Federal agencies on the LOS
Task Force who can contribute to the hearing. If there are questions about this
hearing, they may be discussed with Mike Harvev, Deputv Chief Counsel for the
Interior Committee, 41076, or with Brit Englund, my Administrative Assistant,
42651.



1425

U.S. Senate,
Committee on Interior and Insular Affairs,

Washington, D.C., August 26, 1975.
Mr. Leigh Ratiner,

Administrator, Ocean Mining Administration,
3526 Interior Building, Washington, D.C.

Dear Mr. Ratiner: Mr. England of my staff has informed me that in your
meeting with him on 14 August you asked, on behalf of both the Department of
the Interior and Ambassador John Norton Moore, that the 17 September hearings
of the Subcommittee on Minerals, Materials and Fuels be postponed for one
month.

Those hearings were scheduled so the Subcommittee could hear the results of
the executive branch review of overall U.S. Law of the Sea policy including
recommendations for interim measures to protect our national interest in ocean
mineral resources. In hearings before the Subcommittee on 4 June, Ambassador
Moore, Chairman of the NSC Task Force on the Law of the Sea, indicated that
the executive branch would report to Congress shortly after the August Con-
gressional recess.

It is my understanding that the Department of State is scheduling in September,
through the Public Advisory Committee on the Law of the Sea, meetings with
members of the public to elicit their recommendations on appropriate interim
measures. Following that, the executive branch review would be completed.

In light of Secretary Kissinger's speech of 11 August to the American Bar
Association, the Subcommittee members are especially interested in a compre-
hensive elaboration of the policy which the executive branch intends to follow
with respect to the law of the sea. To allow the executive branch sufficient time
for the formulation of that policy following the September meetings with Advisory
Committee members, I propose to reschedule the Subcommittee hearings during
the second half of October. At that time, I expect to receive the candid assessment
of the executive branch of the steps that need to be taken to protect our nation's
important mineral resource interests in the oceans.
Very truly yours,

Lee Metcalf,
Chairman, Subcommittee on
Minerals, Materials and Fuels.

U.S. Senate,
Committee on Interior and Insular Affairs,

Washington, D.C, September 5, 1975.
Mr. Carlyle E. Maw,

I ndcr Secretary for Security Assistance, Acting Special Representative of the President
for the Third U.N. Conference on the Law of the Sea, Department of St ate, Wash-
ington, D.C.
Dear Mr. Maw: You will recall that when he last appeared before the Senate
Subcommittee on Minerals, Materials and Fuels, Ambassador John Norton Moore
said the executive branch of our government was "now conducting a thorough
reevaluation of our interim policy" on the Law of the Sea. He continued :

"We hope to complete our study and consultations by, or soon after, the August
congressional recess at which time we will submit to the Congress not only our
recommendations concerning interim legislation, but also a full and frank evalua-
tion of the factors that we have weighted."

This will inform you that I have scheduled a hearing to receive this report on 29
October. As vou may know, I had tentatively scheduled the hearing for mid-
September, then postponed it, at the request of Ambassador Moore, so you would
have time to consult the Advisorv Committee on the Law of the Sea.

I hope you can be with us on the 29th and that you will be accompanied by
Ambassador Moore and such other representatives of agencies on the LOS Task
Forces who can contribute to the hearing.

The heaiina, will be£>in at 10:00 a.m. in Room 3110 of the Dirk^en Senate Office
Btfil-ding. If vou have anv questions, please take them up with Mike Harvey of
the Subcommittee staff, 224-1076, or with Brit Englund of my staff, 224-2651.
Very truly vours,

Lee Metcalf.



1426

Under Secretary of State

for Security Assistance,
Washington, D.C., September 11, 1975.
Hon. Lee Metcalf,
U.S. Senate,
Washington, D.C.

Dear Senator Metcalf: Thank you for your letter of September 5 advising
me of your intention to hold a hearing on October 29 before your Subcommittee
on Minerals, Materials and Fuels to consider the views of the executive branch
with respect to interim Law of the Sea policy.

I will be pleased to appear at the hearing. My office will advise you in advance
of the hearing of the names of the representatives of the Law of the Sea Task
Force who will be accompanying me.
Sincerely,

Carlyle E. Maw.



October 24, 1975.
Hon. Warren Magnuson,
Chairman, Commerce Committee,
U.S. Senate, Washington, D.C.

Dear Mr. Chairman: When he last appeared before the Subcommittee on
Minerals, Materials and Fuels on 4 June 1975, Ambassador John Norton Moore
said the executive branch of our government was "now conducting a thorough
reevaluation of our interim policy" on the law of the sea. He continued:

"We hope to complete our study and consultation by, or soon after, the August
Congressional recess at which time we will submit to the Congress not only our
recommendations concerning interim legislation, but also a full and frank evalua-
tion of the factors that we have weighted."

As you will see from the enclosure, I have scheduled another hearing on this
subject for 29 October. You, members of your Committee and staff are invited to
take such part in this hearing as you wish.
Very truly yours,

Lee Metcalf.
Identical letters to :

Hon. Ernest Hollings, Chairman, National Ocean Policy Study

Hon. John Stennis, Chairman, Armed Services Committee

Hon. John Sparkman, Chairman, Foreign Relations Committee

STATEMENT OF HON. CARLYLE E. MAW, UNDER SECRETARY OF
STATE FOR SECURITY ASSISTANCE, AND SPECIAL REPRESENTA-
TIVE OF THE PRESIDENT AND CHIEF OF THE U.S. DELEGATION
TO THE THIRD UNITED NATIONS LAW OF THE SEA CONFER-
ENCE, ACCOMPANIED BY JOHN NORTON MOORE, CHAIRMAN,
NATIONAL SECURITY COUNCIL INTERAGENCY TASK FORCE ON
LAW OF THE SEA, AND DEPUTY SPECIAL REPRESENTATIVE OF
THE PRESIDENT FOR THE LAW OF THE SEA CONFERENCE; AND
LEIGH S. RATINER, ADMINISTRATOR, OCEAN MINING ADMINIS-
TRATION, DEPARTMENT OF THE INTERIOR

Mr. Maw. Mr. Chairman, I appreciate the opportunity to be here
today and to report to you our views on the question of deep seabed
negotiations in the law of the sea context.

As you know, the executive branch has been undertaking a very
careful review of the results of the Geneva session of the Conference,
including particularly the deep seabed negotiations. As part of that
process, and also as a result of our earlier commitment to this com-
mittee and to Congress, we have examined and are continuing to
examine the question of interim deep seabed mining policy, including
the possibility of deep seabed mining legislation.



1427

I am accompanied today by John Norton Moore, Chairman of the
NSC Interagency Task Force on the Law of the Sea and Deputy
Special Representative of the President for the Law of the Sea Con-
ference, and by Leigh S. Ratiner, Administrator, Ocean Mining
Administration, Department of the Interior.

Although the extreme complexity of these issues has prevented us
from completing our review, I think it would be useful to take this
opportunity to discuss in general terms our position on the deep seabed
regime negotiations in the LOS Conference, because this bears directly
on our interim policy.

It is evident that the issue of the deep seabed regime and machinery
is the chief obstacle to a speedy and successful conclusion of a Law of
the Sea Treaty. In most other areas we have made substantial progress
toward a treaty which the United States and most other countries
would probably be able to agree upon. This progress is reflected to a
large extent in the single negotiating text which was produced in
Geneva.

Although there are a number of problems remaining to be solved,
we feel optimistic that the basic elements of a satisfactory compre-
hensive Law of the Sea package can be agreed upon in the near future,
unfortunately with the exception of deep seabed mining.

The deep seabed negotiations are a different story. I am disappointed
to say that we have seen little meaningful progress on this issue so
far. It is not clear yet whether this lack of progress will persist into
the next session of the Law of the Sea Conference which begins in
March.

In my view, there is no fundamental reason why agreement cannot
be reached. Having participated in some of these negotiations myself,
I am confident that satisfactory accommodations can be found which
will meet the basic objectives of all interested nations and groups of
nations.

We explored some possible areas of accommodation during the
recent Geneva session but did not receive any considered response to
our suggestions. Consistent with protecting guaranteed direct access
to the resource, the United States is prepared to continue actively to
seek satisfactory accommodations. However, we have been disap-
pointed at the lack of reaction to what we believe to be reasonable
compromise proposals made in Geneva.

A program of informal intersessional work has been adopted and a
meeting to permit an informal exchange of views will be held in New
York during the last 2 weeks in November. Hopefully, at that meeting
other concerned countries will offer compromise proposals on how to
resolve the present differences.

There has been some discussion of a possible additional meeting
before the March session of the Conference. In addition, our represent-
atives have been consulting with a number of key figres in the
negotiations in recent months, and we plan to continue these
consultations.

While our purpose is to explore reasonable solutions to the problems
in committee I, I wish to make clear that we will insist that certain
essential U.S. interests are guaranteed. Secretary Kissinger outlined
these basic U.S. interests in his address to the annual meeting of the
American Bar Association in Montreal in August, which, with your
permission, I offer for inclusion in the record.



1428

Senator Metcalf. It will be included at the conclusion of your
testimony.

Mr. Maw. We prefer to see the development of the resources of the
seabed under a widely agreed international agreement. The Law of
the Sea Conference provides us with an opportunity, possibly our last,
to develop a system which would subject deep seabed mining to widely
acceptable international rules embodied in a treaty and related
regulations.

A cooperative solution can contribute to the rational and efficient
use of resources and it also can set a precedent for new forms of co-
operation between the developing and developed nations and can
contribute to an atmosphere of cooperation rather than confrontation.

Mr. Chairman, I wish to reiterate our position that there is no
impediment under existing international law to any nation or individual
undertaking deep seabed mining, provided that mining operations are
undertaken with reasonable regard to the interests of others in their
exercise of high seas freedoms. We encourage private investors to
develop their technology and to begin mining when they are ready.

The United States is prepared to accept changes in this legal system
under which deep seabed mining could be subject to appropriate
international regulation. We could also agree to a system under which
the benefits would be shared with the international community. We
can agree to the establishment of such a special regime for the deep
seabed and an appropriate international organization.

However, in our view, this organization must be so constituted and
its mandate so framed that its operation serves to encourage and
promote sound development of deep seabed mineral resources and to
provide direct guaranteed access to the mineral resources of the deep
seabed for all nations.

This means that we must establish a legal and political climate that
encourages investment. Every country in the world is a consumer
of these metals and ultimately people everywhere will benefit from
expanding supplies of these metals.

The United States cannot agree to a regime which denies the right
of any nation to exploit the deep seabed resources directly. There is
no reason why a system cannot be devised whereby all nations have
the opportunity to exploit these resources either directly or, if they
choose, through an international organization.

The number of mine sites and the extent of the resources is sufficient
for all nations to be able to develop their own mining capability.

Another fundamental U.S. objective is that the organization and its
decisionmaking procedure must reflect a realistic balance of the
interests of the participating states.

Finally, the organization cannot have the power to control prices
or production rates directly or indirectly.

Mr. Chairman, it is true that much time has passed since these
negotiations began. Moreover, the Geneva session did not encourage
us to believe that the difficult problems in the First Committee of the
Conference will be solved easily. As time has passed, the American
ocean miner has largely completed the research and development
phase of his work.

I am informed that early next year ocean miners will begin the
serious and expensive development work which precedes commercial
recovery of resources. At the new level of spending which would be



1429

required for this work, our companies may have increased hesitancy
about any further capital outlays when so little is known about the
contents of a future treaty which may affect their investments.

This is the problem we are struggling with in the administration.


1 3 4 5 6 7 8 9 10 11 12 13 14

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