# Jurisdictional Statement — Askew v. American Waterways Operators, Inc. > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386414_0128%3A02 ## Record - **Collection:** Supreme Court brief - **Document type:** Jurisdictional Statement - **Published:** January 1, 1973 - **Citation:** 411 U.S. 325 ## Text IN THE Supreme Court of the Wnited OCTOBER TERM, 1971 REUBIN O'D. ASKEW, et al., Appellants, vs. THE AMERICAN WATERWAYS OPERATORS, INC., et al., : Appellees. f ¢f On Appeal from the United States District Court: for the Middle District of Florida. No. 4 1- 1082 JURISDICTIONAL STATEMENT ROBERT L. SHEVIN Attorney General DANIEL S. DEARING Chief Trial Counsel Dept. of Legal AESeirs The Capitol Tallahassee, Ficrids Attorneys for Appellants. oe Sa ad bh Ek ea a a 3 AMICI CURIAE Honorable William J. Baxley Attotney General State of Alabama Montgomery, Alabama 36104 XN Honorable Evelle J. Younger Attorney General State of California 600 State Building Los Angeles, California 90012 Honorable Robert K. Killian Attorney General State-of Connecticut 30 Trinity Street Hartford, Connecticut Honorable W. Laird Stabler, Jr. Attorney General State of Delaware Department of Justice Wilmington, Delaware 19801 ; =. Honorable Arthur K. Bolton Attorney General State of Georgia 132 State Judicial Building Atlanta, Georgia 30334 Honorable George Pai Attorney General State of Hawaii State Capitol Honolulu, Hawaii 96813 Honorable Jack P. F. Gremillion Attorney General State of Louisiana P. O. Box 44005 [Cont'd inside Baton Rouge 70804 back cover] Pee ee =. TOPICAL INDEX Page Opinion Below ......... cw ceeee 1 JUTISGICCION ;. 1958). 25. United States Limited Liability Act, 46 U.S.C. §183 et seg. No state statute can override this “Limitation Statute” within the territorial jurisdiction of the federal maritime law. In Butler v. Boston & Savannah Steamship Co., 130 U.S. 527, 555 (1889), the Supreme Court observed: "The law of limited liability, as we have frequently had occasion to assert, was enacted by Congress as a part of the maritime law of this country, and therefore it is co-exten- sive, in its operation, with the whole territorial domain of that law." In holding that a Massachusetts wrongful death action, arising from a death occurr- ing in the admiralty jurisdiction, was subject to the "Limitation Statute", the Court went on to say: "It is unnecessary to consider the force and effect of the statute of Massachusetts over the place in question. What- ever force it may have in creating liabilities for acts done there, it cannot neutralize a Rl ll See POSH 30 or affect the admiralty or maritime jurisdiction or the operation of the maritime law in maritime cases, Those are matters of national interest. If the territory of the state technically extends a marine Jeague beyond the seashore, that circumstance cannot circumscribe wr abridge the law of the sea.” 130 U.S. at 557-58. 26. soucnere Pacific Co. v. Jensen, 244 U.S. 205 (1937). ao we SA, 28. Id. at 217-18. 29. See, Currie, "Federalism and the Admiralty,” The Supreme Court Review 1960, 158 at 166-73. 30. 398 U.S. 375 (1970). 31. Fla. Stat. Ann. §768.01. 32. 336 U.8;,. 568 (1959), 33. . Im tee Sahy Semen case the Court, speaking to the question of state legis- lative authority in the maritime field, said: "The Constitution itself adopted and established, as part of the laws of the United States, approved rules of the general maritime law and em- powered Congress to legislate in respect of them and other BLEED THROUGH POOR COPY ~e 31 matters within the admiralty and maritime jurisdiction. Moreover, it took from the States all power, by legisla- lation or judicial decision, to contravene the essential purposes of, or to work material injury to, charac- teristic features of such law or to interfere with its proper harmony and uniformity in its international and interstate relations." 253 U.S. at 160-61. (Emphasis added). 34. Laws of Florida, 70-244 §23. 35; 298 U8. 238, 313 (1936). 36. Watson v. Buck, 313 U.S. 387 (1941). 37. .137 So.20 828 (Fla. 1962). 38. Id. at 830. 39. Fla. Stat. Ann. §376.021(3) (a), (4) (a). z a Ch. 70-244 seEconD REGULAR SESSION AIR AND WATER POLLUTION CONTROL CHAPTER 70-244 COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 450 An Act relating to pollutants; providing definitions; Prohibiting such potty. tion; providing for authority in the department of natural resources tg act In preventing and controlling oll spills and other pollution; author. izing the department to provide employees and equipment in ports ang other places; providing for recovery of cost in controlling and Cleaning Pollution; providing for licenses for terminal facilities, and for fees and exceptions; creating Florida costal protection fund; providing for strict ability; providing for criminal and civil penalties; providing for the removal of derelict vessels by the state; providing for cooperation and coordination of all state agencies; authorizing the department of nat. ural resources to require by rules and regulations that terminal facilities and vessels establish and maintain evidence of financial responsibility t reimburse the state and private citizens for damages caused by discharges of pollutants; providing an appropriation; providing an effective date, Be It Enacted by the Legislature of the State of Florida: Section 1. Short title This act shall be known as “the oil spill prevention and pollution control act.” Section 2. Legislative Intent (1) The legislature finds and declares that the highest and best use of the seacoast of the state is as a source of public and private recreation. (2) The legislature further finds and declares that the preservation of this use is a matter of the highest urgency and priority and that such use can only be served effectively by maintaining the coastal waters, estuaries, tidal flats, beaches and public lands adjoining the seacoast in as close to a pristin condition as possible, taking into account multiple use accommodations ince sary to provide the broz dest possible promotion of public and private interests (3) The legislature further finds and declares that the transfer of pollv- tants between vessels, between onshore facilities and vessels and between off- shore facilities and vesscls within the jurisdiction of the state and state waters is a hazardous undertaking; that spills, disch *s and escape of pollutants occurring as a result of procedures involved | transfer, stor. age, and transportation of such products pose threats | at danger an dainage to the environment of the state; to owners and users of shorefront property; to public and private recreation; to citizens of the state and other interests deriving livelihood from marine related activities; and to the beauty of the Florida coast; that such hazards have frequently occurred in the past, are occurring now and present future threats of potentially catastrophic proportions, all of which are expressly declared to be inimical to the pan- mount intcrests of the state as herein set forth and that such state interests outweigh any economic burdens imposed by the Iegislature upon those gaged in transferring pollutants and related activities. (4) The legislature intends by the enactment of this legislation to exercis the police power of the state through the department of natural resources by conferring upon said department power to deal with the hazards and threats of danger and damage posed by such transfers and related activities; require the prompt containment and removal of pollution occasioned thereby; and to establish a fund to provide for the inspection and supervision of sud ‘ rr -f o—a -—ao ie mw §i-be ¢ 1.4 *me-lalea -iilelat-.%2 oa SECOND REGULAR SESSION Ch. 70-244 activities and guarantee the prompt payment of reasonable damage claims resulting therefrom. (5) The legislature further finds and declares that the preservation of the public uses referred to herein is of grave public interest and concern to the state in promoting its general welfare, preventing discases, promoting health and providing for the public safety, and that the state’s interest in such preservation outweighs any burdens of absolute liability imposed by the Jegislature upon those engaged in transferring pollutants and related activi- ties. (6) The legislature further declares that it is the intent of this act to sup- port and complement applicable provisions of the federal water quality im- provement act of 1970,1 specifically those provisions relating to the national contingency plan for removal of oil and other pollutants. 133 U.S.C.A. § 1151 et seq. Section 3. Definitions When used in this act, unless the context clearly requires otherwise: (1) “Department” means the department of natural resources. (2) “Director” means the executive director of the department of natural resources. ' (3) “Barrel” means forty-two (42) U. S. gallons at sixty degrees (60°) Fahren- heit. (4) “Other measurements” means measurements set by the department for products transferred at terminals which are other than fluid or which are not commonly measured by the barrel. (5) “Discharge” means any spilling, leaking, seeping, pouring, emitting, emptying, or dumping. (6) “Fund” means the Florida coastal protection fund. (7) “Pollutants” shall include but not be limited to oil of any kind and in any form, gasoline, pesticides, ammonia, chlorine, and other hazardous ma- terials. (§) “Pollution” means the presence in the outdoor atmosphere or waters of the state of any one (1) or more substances or pollutants in quantities which are or may be potentially harinful or injurious to human health or welfare, animai or piant life, or property, or which muy unreasonabiy interfere with the enjoyment of life or property, including outdoor recreation. (9) “Terminal facility” means any waterfront facility of any kind, other than vessels not owned or operated by such facility, and related appurtenances located on land, including submerged lands, or on or under the surface of any kind of water, which facility and related appurtenances are used or capable of being used for the purpose of drilling for, pumping, storing, handling, transferring, processing, or refining oil or other pollutants, including, but not limited to, any such facility and related appurtenances owned or operated by a public utility, or a governmental or quasi-governmental body. A vessel shall be considered a terminal facility only in the event of a ship to ship transfer of oil, petroleum products, their by-products, and other pollutants, and only that vessel going to or coming from the place of transfer and the terminal facility. . (10) “Owner or operator” means any person owning or operating a termi- nal facility whether by Icase, contract, or any other form of agreement. (11) ““fransferred” includes both onloading and offloading between terminal and ressel and vessel to vessel. (12) “Vessel” includes every description of watercraft or other contrivance used, or capable of being uscd, as a means of transportation on water, whether self-propelled or otherwise, and includes barges and tugs. (13) “Port manager” means the manager or director of the port or his desigt:ce, to be approved by the department, to carry out the requirements of his act. 4 34 Ch. 70-244 seEcoND REGULAR SESSION (14) “Person in charge” means the person on the scene who is in iret, responsible charge of a terminal facility or vessel from which vil or othe pollutants are discharged when the discharge occurs, (15) “Discharge cleanup organization” means any group, incorporated a unincorporated, of owners or operators of waterfront terminal facilities in any port or harbor of the state, and any other person who may cleet to join organized for the purpose of containing and cleaning up discharges of oj] aml other pollutants through cooperacive efforts and shared equipment and fag. thes, Section 4. Pollution and corruption of waters and lands of the state pro. hibited The discharge of oil, petroleum products, their by-products, and other Pollutants into or upon any coastal waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state is prohibited. Section 5. . Powers and duties of the department (1) The powers and duties conferred by this act shall be exercised by the department of natural resources and shall be deemed to be an essential goy. ernmental function in the exercise of the police power of the state. The do partment of air and water pollution control is directed to cooperate with the department of natural resources and to offer consultative services, enforce. ment, prosecution, and technical advice to the departinent. The department may call upon any other state agency for consultative services and technical advice and the said agencies are directed to cooperate in said request, (2) The powers and duties of the department under this act shall exten to the boundaries of the state described in article IT, section 1 of the con. stitution of Florida. (3) Licenses required under this act shall be issned from the department fBSubject to such terms and conditions as ure sect forth in this act and as get forth in rules and regulations promulgated by the department as authorizd herein. (4) Whenever it hecomes necessary. for the state te protect the public in terest under this act, it shall be the duty of the department of natural re sources to keep an accurate reeord of costs and expenses incurred and there. after diligently to pursue the recovery of any sums so incurred from the gov ernment of the United Stites under any applicable feleral act. Section 6. Operation without license prohibited (1) No person shall operate or cause to be operated a terminal facility as defined in this act without a license. (2) Licenses shall be ixsued on an annual basis and shall expire on Deceniber 31 annually, subject to such terms and conditions as the department may de termine are necessary to carry out the purposes of this act. : (3) As a condition precedent to the issuatice or renewal of a license the department shall require satisfactory evidence that the applicant has imple -mented or is in the process of implementing state and federal plans and regu- lations for control of pollution related to oil, petroleum products, their by- products and other pollutants and the abatement thercof when a discharge occurs. : (4) Licenses issued to any terminal facility shall inelude vessels used. to transport oil, petroleum products, their by-products, and other pollutants be tween the facility and vessels within state waters, (5) The director may require, in connection with the issuance of a terminal facility license, the peyment of a reasonable fee for processing applications for registration certificates. Such fee shall be reasonably related to the administrative costs of verifying data submitted pursuant to obtaining such certificates and reasonable inspections; provided, however, such fee shall not exceed $250.00 per terminal facility per year. DIitiocoen wTeRP rnin POOR COPY 35 SECOND REGULAR SESSION Ch. 70-244 (6) Within three (3) months of the effective date of this act every owner or operator of a terminal facility shall obtain a license, The department shall jssue a license upon the showing that the said registrant can provide all necessary equipment to prevent, contain and remove discharges of oil and other pollutants. (7) On or after a date to be determined by the director, but in no case later than ninety (%) days after the effective date of this act,.no person shall operate or cause to be operated any terminal facility without a terminal facility registration certificate issued by the director. No registration certificate shall be valid for more than one J) year unless revalidated by the director, Each applicant for a terminal facility registration certificate shall pay the annual license fee and shall submit information, in a form satisfac- tory to the director, deseribing the following: (a) The barrel or other measurement capacity of such terminal facility. (b) All containment and removal equipment, including, but not limited to, vehicles, vessels, pumps, skimmers, booms, chemicals, and communication devices, to which such facility has access, whether through direct ownership, by contract, or by membership in an approved discharge cleanup organization, (c) The terms of agreement and operation plan of any such discharge clean- up organization to which the owner or operator of such terminal facility belongs. (8) Upon showing of satisfactory containment and cleanup capability under this section, and upon payment of any registration fee required by the di- rector under this act and the license fee the applicant shall be issued a regis- tration certificate covering. such terminal facility and related appurtenances, including vessels as defined in this act. Section 7. Regulatory powers of department The department shall from time to time adopt, amend, repeal, and enforce reasonable regulations insofar as they relate to oil spills or discharges or the spills or discharges of other pollutants into the waters of this state, or onto the coasts of this state. 1) Such regulations shall be adopted iu accordance with the adininistvative procedure act, ehapter 120, Florida Statutes, (2) The departme nt shall adopt regulations including but not limited to the following matters: (a) Operating and inspection requirement for facilities, vessels, personnel and other inatters relating to licensee operations under this act and spccifical- ly requiring that vesscls transporting pollutants within state waters shall maintain on board such containment gear as may be required by the depart- ment with a crew trained in the use of such gear. (b) Procedures and inethods of reporting discharges.and other occurrences prohibited by this act. Specifically, the pilot and the master of a vessel causing a discharge shall be required to immediately report the discharge to the port manager and to the nearest coast gu: ird station. The port manager, on being notified of a discharge, shall immediately notify the response team of the department and the coast guard and shall keep thein fully informed of the need for containment equipment and emergeney action. (c) The port manager shall have the authority to board any: vessel prior to its entry into port in order to ascertain the seaworthiness of the vessel and the presence of required containment gear. Upon being notified of a discharge the port manager shall have authority to direct the vessel to immediately anchor or move to a specific dock and deploy containment gear or to move to the open seas and to take such other measures as hedeeins necessary. The port manager shall have the additional duty to inspect any terminal facility in his port to determine that adequate containment gear is on hand at the termi- nal favility. 3 F.S.A. Sess.Laws '70--9 mens DBALIAIN TAK CT OCE IN CENTER 36 Ch. 70-244 sEcOND REGULAR SESSION (d) Procedures, methods, means, and equipment to be used by persons oy, ject tu regulation by this act and to be ued in the removal of pollutants, (ec) Development and implementation of criteria and plans to meet gj petroleum, and other pollution occurrences of various degrees and kinds (f) The establishment of eleven (11) regional control districts, one for eae, of the eleven (11) deep water ports of the state, with a response team jp each district and the establishment of rules and regulations to: mect the pay. ticular requirements of each such district. The department shall ereate , state response team which shall be responsible for creating and maintainiye a contingence plan of response, organization, and equipment for handling emergency cleanup operations. The state plans shall include detajly emergency operating procedures for the state as a whole and for the elevey (11) regional control districts, and the team shall from time to time condug practice alerts. These plans shall be filed with the governor, all coast guar stations in the state and with the head of cach regional team, The ¢op. “tingency plan shall include all necessary information for the total contajip. ment and cleanup of pollution, including but not limited to an inventory of equipment and its location, a table of organization with the names, addresses, and telephone numbers of all persons responsible for implementing every phase of the plan, a list of available sources of supplics necessary for cleanup and a designation of priority zones within cach region to determine the quence and methods of cleanup. The state response team shall act inde pendently of agencies of the federal government but is directed to cooperate with any federal cleanup operation. (g) Requirements for minimum weather and sea conditions for permitting a vessel to enter port and for the safcty and operation of vessels, barges, tugs, motor vehicles, motorized equipment, and other equipment relating to the use and operation of terminals, facilities, and refineries, the approach ani departure from terminals, facilitics, and refineries, and shall require that cop tainment gear approved by the department be on hand and maintained ly terminal facilities, and refinerics with adequate personne] trained in its use, (th) Requirements that, prior to being granted entry into any port in this state, the master of a vessel shall report: 1. Any discharges of oil or other pollutants the vessel has had sinc leaving the last port. ? 2. Any mechanical problem on the vessel which creates the possibility of a spill. 3. Any denial of entry into any port during the current cruise of the vessel. ; (i) A port manager who refuses entry of any vesse] into the port under his charge shall be required to notify all other ports in the state of his refusal of entry of that vessel. (j) Such other rules and regulations as the exigencies of any condition may require or such as may reasonably be necessary to carry out the intent of this act. Section 8. Removal of prohibited discharges (1) Any person discharging pollutants as prohibited by section 4 shall im- mediately undertake to remove such discharge to the department’s satisfac tion. Notwithstanding the above requirement the department may undertake the removal of such discharge and may contract and retain agents who shall operate under the direction of the department. (2) Whenever oil or any other pollutant is discharged from any terminal facility or vessel in violation of section 4 of this act, the person in charge of such terminal facility or vessel shall promptly remove, or arrange for the removal of, such oil or other pollutant. If the person in charge fails so to act, the director may arrange for the removal of such pollutant; provided that, if such oil or other pollutant was discharged into or upon the navigable BLEED THROUGH POOR COPY 37 SECOND REGULAR SESSION Ch. 70-244 waters of the United States, the director shall act in accordance with, the national contingency plan for removal of oil or other pollutant established pursuant to the federal water — improvement act of 1970 and the costs of removal incurred by the director Shall be paid in accordance with the ap- plicable provisions of said law. (3) In the event of discharge, the source of which is unknown, any local discharge Cleanup organization shall, upon the request of the director or his designee, immediately contain and remove such discharge. No action taken by any person to coutain or remove a discharge, whether such action is taken voluntarily or at the request of the director or his designee, shall be con- strucd as an admission of liability for such discharge. (4) No person who yoluntarily, or at the request of the director or his designee, renders assistance in containing or removing oil or other pollutants shall be liable for any civil damages to third parties resulting solely from acts or omissions of such person in rendering such assistance, cxcept for acts or omissions amounting to gross negligence or willful misconduct. (5) Nothing in this act shall affect in any way the right of any person who renders assistance in containing or removing oil or other pollutants to re- jmbursement for the costs of such containment or removal under the appli- cable provisions of the federal water quality improvement act of 19701 -or any rights, which said person may have against any third party whose acts or omissions in any way have caused or contributed to the discharge of such oil or other pollutants, 133 U.S.C.A. § 1151 et seq. Section 9. Personnel and equipment The department shall establish and maintain at such ports within the state, and other places as it shall determine, such employees’ and equipment, other than such equipment furnished by the licensee, as in its judgment may be necessary to-carry out the provisions of this act. The departinent may em- ploy-and prescribe the duties of such employecs, subject to the rules and regulations of the division of personnel and retirement of the department of administration. The salaries of such employees and the cost of such equip- ment shall be paid from the Florida coastal protection fund established by this ait. The Geparuacnt »Lall periodically consult with other departments of the state and specifically with the department of air and water pollution control relative to procedures forthe prevention of discharges of oil and other pollutants into the coastal waters of the state from off-shore drilling produc- tion facilities. f . Section 10. Enforcement, penalties ’ Whoever violates any provisions of this act or any fule, regulation, or order of the department made hereunder shall be punished by a civil penalty of not more than fifty thousand dollars ($50,000) to be assessed by the depart- ment. Keach day that any violation continues constitutes a separate offense. The provisions of this section shall not apply to any discharge immediately reported and completely removed by a licensee in accordance with the regu- lations and orders of the department. s ~ Section 11. Florida coastal protection fund Pi (1) The’ Florida coastal protection fund-is established to be used by the de- partnient as a non-lapsing revolving, fund for carrying out the purposes of _ this act. The fund shall be limited to the sum of five million dollars ($5,000,- 000). Yo this fund shall be credited all license fees, penalties, and other fees and cliarges related to this act, including administrative expenses, and costs of removal of discharges of pollution, (2) Moneys in the fund not needed currently to meet the obligations of the department in the exercise of its responsibilities under this act shall be de- posited with the treasurer to the eredit of the fund, and may be invested in such manner as is provided for by statute. Interest received on such invest- ment shall be eredited to the Florida coastal protection fund. 4 1 ; = wee PRY AIEEE RUT NR SOME ERAS CSTR MEN SRP pO? cua TAPCO REARING AY so D RT SEES Oe MSS IE Ce oy COPY BOUND TOO CLOSE IN CENTER 38 Ch. 70-244 sEcOND REGULAR SESSION (3) Each registrant shall obtain from the department a license for tach of the terminal facilities of the registrant in the state and shall pay therefor an annual license fee, the amount of which is to be determined by the @ partment upon the basis of the total capacitr of the terminal facility fo oil and other pollutants, but in no event shall excced five hundred doliag ($500.00). License fees for a part of a year shall be prorated. (4) Whenever the balance in the fund has reached the limit provided uD der this act, and as long as it remains so, license fees shall be proportionat. ly reduced to cover only administrative expenses. (5) Moneys in the Florida coastal protection fund shall be disbursed fo the following purposes and no others: (a) Administrative expenses, personnel expenses and equipment costs the @epartment related to the enforcement of this act. ; (b) All costs involved in the abatement of pollution related to the discharge of oil, petroleum products, their by-products and other pollutants covered by this act and the abatement of other potential pollution hazards as authorize hercin. (c) All costs and expenses of the cleanup and rehabilitation of water fox} and other wildlife, whether pefformed by the department or any other state or local agency. (G) The department shall recover to the use of the fund from the person o persuns causing the discharge jointly and severally all sums expended ther from, including overdrafts, for the following purposes; provided that m coveries resulting from damage due to an oil pollution or other similar dis. aster shall be apportioned between the Florida coastal protection fund ang the general revenue fund so as to repay the full costs to the general revenue fund of any sums disbursed therefrom as a result of such disaster: (a) All costs and expenses expended under paragraphs (b) and (c) of sud section (5) of this act. (b) Requests for reimbursement to the fund for the above costs if not paid within thirty (30) days of demand shall be turned over to the department of air and water pollution control which, in cooperation with the attorney ge- eral, shall undertake the collection. (c) Upon petition of the person determined to be liable for reimbursement to the fund for abatement costs under subsection (6) the department may, after hearing, waive the right to reimbursement to the fund from such person if the department. finds that the occurrence was the result of any of the fol- lowing: 1. An act of war. 2. An act of government, cither state, federal, or municipal. 3. An act of God, which means an unforesceable act exclusively oc casioned by the violence of nature without the interference of any human agency. 4. An act or omission of a third party without regard to whether any such act or omission was or was net negligent. The findings of the department shall be cenclusive as it is the legislative ip tent that waiver provided in this act is a privilege conferred, net a right granted, Section 12. Liabilities of licensees Reeause it is the intent of this act to provide the mcans for rapid and effective cleanup and to minimize daimares, any licensee and its agents or servants including vessels destined for or leaving a licensee's terminal facility who permits or suffers a prohibited discharge or other polluting condition to take place within state boundaries shall be liable to the state for all costs of cleanup or other dxmage incurred by the state and for damages resulting from injury to others. In any suit to enforce claims of the state under BLEED THROUGH POOR COPY 39 SECOND REGULAR SESSION Ch. 70-244 act, it shall net be necessary for the state to plead or prove negligence in auy form or mariner on the part of the licensee or any vessel. If the state is damaged by a discharge prohibited by this act it need only plead and prove the fact of the prohibited discharge or other polluting condition and that it occurred. In addition to the civil penalty, the pilot and the master of any vessel or person in charge of any licensce’s terminal facility who fail to give immediate notification of a discharge to the port manager and the nearest coast guard station shall be guilty of a felony and shall, upon conviction, be punished by imprisonment for not more than two (2) years or by a fine of not more than ten thousand dollars ($10,000). The department shall, by rules and regulations, require that the licensee designate a person at the terminal facili- ty who shall be the person in charge of that facility for the purposes specified by this section. . Section 13. Emergency proclamation; governor’s powers (1) Whenever any disaster or catastrophe exists or appears imminent aris- ing from the discharge of oil, petroleum products or their by-products, or any other pollutants, the governor shall by proclamation declare the fact and that an emergency exists in any or all sections of the state. If the governor is unavailable, the licutenant governor shall,, by proclamation, declare the fact and that an emergency exists in any or all sections of the state. A copy of such proclamation shall be filed with the seerctary of state. (2) In performing his duties under this act, the governor is authorized and directed to cooperate with all departments and agencies of the federal gov- ernment, with the offices and agencies of other states and foreign countrics, and the political subdivisions thercof, and with private agencies in all mat- ters pertaining to a disaster or catastrophe. (3) In performing his duties under this act, the governor is further au- thorized and empowered: (a) To make, amend and rescind the necessary orders, rules and regula- tions to carry out this act within the limits of the authority conferred upon him and not inconsistent with the rules, regulations: and directives of the President of the United States or of any federal dcparhucnt of agener having specifically authorized emergency functions. (bh) To delegate any authority vested in him under this act, and to provide for the subdelegation of any sach authority. (4) Whenever the governor is satisfied that an emergency no longer ex- ists. he may terminate the proclamation by another proclamation affecting the sections of the state covered by the original proclamation, or any part thereof. Said proclamation shall be published in such newspapers of the state and posted in such places as the governor, or the person acting in that capacity, decms appropriate, Section 14. Terminal facilities and vessels required to file bond (1) Each owner or operator of a terminal facility or vessel, including any barge, using any port in Florida shall establish aud maintain, under rules and rernlations prescribed by the department of natural resources, evidence of financial responsibility based on the capacity of the terminal facility or ton- nage of the ship, the cargo carried, and other similar factors to which the ves- sel could be subjected under this act. Financial responsibility may be estab- lished and maintainges} by any one (1) of, or a combination of the following methods acceptable to the department: (a) Evidence of irsurance, (b) Surety bonds payable to the gorerner of the state conditioned to pay all costs and expenses of the cleanup of any discharge as well as damages causcd to the state And any other person, (ce) Qualification as a self-insurer, or (d) Other evidence of financial responsibility satisfactory to the department. COPY BOUND TOO CLOSE IN CENTER Wie Pe Oe. 40 Ch. 70-244 seconxD REGULAR SESSION (2) If a bond is filed with the department, then such bond shall be Issued by a bonding company authorized to do business in the state. (3) Any claim for costs incurred by such terminaf facility or vessel may be bronght directly against the insurer or any other person providing Cvideng of financial responsibility. Any claim for costs of cleanup, civil Penalticg or damages by the state and any claim for damages by any injured person be brought directly against the bond, the insurer, or against any other Person providing evidence of financial responsibility. (4) Each owner or operator of a terminal facility or a vessel subject to the provisions of this act shall designate a person in the state as his legal agent for service of process under this act and such designation shall be filed with the secretary of state. In the absence of such designation the Secretary of state shall be the designated agent for purposes of service of process under this act. Section 15. Derelict vessels (1) It is unlawful for any person, firm or corporation to store or leave any vessel in a wrecked, junked or substantially dismantled condition or aban. doned upon any public waters or at any port in this state without the consent of the agency having jurisdiction thereof, or docked at any private property without the consent of the owner of such private property. (2) The department is hereby designated as the agency of the state author. ized and empowered to remove any derelict vessel from public waters in any instance when the same obstructs or threatens to obstruct navigation or con- tributes to air or water pollution or in any other way constitutes a danger or potential danger to the environment. This section shall constitute the author. ity of the department for such removal, but is not intended to be in con travention of any applicable federal act. The attorney gencral shall be th representative of the department of natural resources in such actions. Section 16. Enforcement and penalties It shall be unlawful for any person to violate any provision of this act or any rule, regulation or order of the department made hereunder. Violation shall be punishable hy 9 civil penalty up to fifty tivusanu doliars (850,000) to be assessed by the department. Each day during any pfortion of which such violation occurs constitutes a separate offense. VPenaltics assessed herein for a discharge shall be the only penalties assessed by the state and the as sessed person or persons shall be excused from paying any additional penalty for water pollution assessable under chapter 403, Florida Statutes, for the same occurrence. The penalty provisions of this act shall not applr to any discharge promptly reported and removed by a licensce in accordance with the rules, regulations and orders of the department. Section 17. Reports to the legislature The department shall include in its recommendations to cach legislature spe cific recommendations relating to the operation of this act, specifically includ ing a license fee formula to reflect individual licensee experience, and a fe schedule based upon volatility and toxicity of petroleum products, their by- products and other pollutants. Section 18. Budget approval The department shall submit to cach legislature its budget recommendations for disbursements from the fund. Upon approval thereof, the comptroller shall authorize cxpenditures therefrom as approved Ly the department. Section 19. County and municipal ordinances; powers limited Nothing in this act shall be construed to deny any county or municipality by ordinance or by law from exercising police powers under any general or special act, and laws and ordinances promulgated in furtherance of the intent of this act to promote the general welfare, public health, and public safety shall be yalid unless in direct conflict with the provisions of this act or BLEED THROUGH POOR COPY 41 SEC( ND REGULAR SESSION Ch. 70-244 rule, regulations, or order act; provided, however, ff the department adopted under authority of this county, municipality, or oat in order to avoid unnecessary duplication, no establish a similar progran'¢et political subdivision of the state may adopt or purposes of this act. of licensing and fees for the accomplishment of the Section 20. Nothing in this act shall of liquefied petroleum gas ve deemed to apply to the storage or transportation or atmosphere of the stater to industrial effluents discharged into the waters and water pollution contropursuant to a permit issued by department of air Section 21. Constructlor This act, being necessary public safety of the state for the general welfare, the public health, and the effect the purposes set fortnd its inhabitants, shall be liberally construed to provement act of 1970.1 1 under this act and the federal water quality im- 133 U.S.C.A. § 1151 et seq. Section 22. There is hereby appropr thousand dollars ($100,000)ated from the general rerenue fund one hundred created in section 11 of thisto be transferred and deposited in the trust fund lars ($1,000,000), then the act. When the trust fund exceeds one million dol- revenue fund shall be retuotal sum transferred originally from the general Section 23. ‘ned to the general revenue fund. The provisions of this a the whole or any part of tlt are severable, and it is the intention to confer sions of this act shall be» powers provided herein, and if any of the provi- jurisdiction, the decision Oheld unconstitutional by any court of competent remaining provisions. such court shall not affect or impair any of the Seccrion 24. ais act sha Approved by the Governo take effect July 1, 1970. Filed in Office Sccretary June 30, 1970. of State June 30, 1970, ~ mens PAIN TAH CT. 42 STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Division of Marine Resources CHAPTER 16B-16.08 Chapter 70-244 - Oil Spill Bill Financial Responsibility - Vessels 16B-16.08 (1) No vessel or barge, carrying oil of any kind and in any forn, gasoline, pesticides, ammonia, chlorine, or other hazardous materials as cargo, shall use any port in Florida on or after March 1, 1961, for any purpose unless a certificate of financial responsibility has been issued by the Department covering such vessel or barge. (2) Either owners or operators of vessels or barges subject to Chapter 70-244, Laws of Florida, must establish and maintain with the Department evidence of financial responsibility in an amount not to exceed $100 per ross ton of such vessel or 5,000,000 whichever is lesser. Provided, however, that if an applicant is the owner of more than one vessel or barge subject to this rule, financial respon- sibility to which the largest vessel or barge could be sub- jected hereunder. Nothing herein shall be construed to prohibit BLEED THROUGH POOR COPY (3) (4) vessels or barges. 43 third parties from establishing evidence of financial responsibility for such Owners or operators of The financial responsibility herein required may be established and maintained by any one (1) of, or a combination of, the following methods acceptable to the Depart- ment: (a) Evidence of insurance - conditioned to pay all costs and expenses of the cleanup of a any discharge as well as damages caused to the state and any other person. (b) Surety bonds payable to the governor of the State conditioned to pay all costs and expenses of the cleanup of any discharge as weil as damages caused to the state and any other person. (c) Qualification as a self- insurer, or (d) Other evidence of financial responsibility satisfactory to the Department. SS a a eli ein All applications, evidence, docu- ments, and other statements re- quired to be filed with the Department shall be in English, and any monetary terms shall be a4 expressed in terms of United States currency. Such evidence of financial responsibility shall be on forms furnished by the Department upon request of the applicant. (S) Where evidence of financial responsibility has been estab- lished, a separate certificate covering each vessel shall be issued evidencing the Department's finding of adequate financial responsibility to meet the mini- mum requirements of this rule. General Authority Chapter 70-244(7) General Laws of Florida Law Implemented Chapter 70-244(14) General Laws of Florida BLEED THROUGH POOR COPY 45 33 § 1160 No. 2, set out as a note under section 1151 of this title. Functions of Secretary of Health, Edu- cation, and Welfare under subsections (c) (4) and (f) of this section were trans- ferred to Secretary of the Interior by sec- tion 1(d) (2) of 1966 Reorg.Plan No. 2, set out as a note under scction 1151 of this ti- tle. Selection of Members of Hearing Boards. Secretary of the Interior to give the Secretary of Health, Education, and Welfare opportunity to select a member of each Hearing Board appointed pursuant to subsections (c) (4) and (f) of this sec- tion as modified by 1966 Reorg.Plan No. 2, see section 1(d) (3) of 1966 Reorg.Plan No. 2, set out as a note under section 1151 of this title. Actions by Surgeon General Relating to Interstate Pollution. Section 5 of Act July 9, 19%6, provided that: ‘In the case of any discharge or discharges causing or contri- buting to water pollution with respect to which the actions by the Surgeon General NAVIGABLE WATERS Ch. 23 prescribed under paragraph (2) of section 2(a) of the Water Pollution Control Act {section 1153(d) (2) of this title]. as in ef- fect prior to the enactment of this Act {July 9, 1956}, have already been complet- ed prior to such enactment, the provisions of such section shall continue to be appli- cable; except that nothing in this section shall prevent action with respect to any such pollution under and in accordance with the provisions of the Water Pollution Control Act [this chapter], as amended by this Act [Act July 9, 1956].” Legisiative History. For legislative his- tory and purpose of Act June 30, 1948, see 1HS8 U.S.Code Cong. Service, p. 2215. See, also, Aet July 17, 1952, 1952 U.S.Code Cong. and Adm.News, p. 2312; Act July 9, 1936, 1956 U.S.Code Cong. and Adm.News, p. 2023; Pub.L. 87-88, 1961 U.S.Code Cong. and Adm.News, p. 2076; Pub.L. 89-234, 1965 U.S.Code Cong. and Adm.News, p. 3313; Pub.L. 89-753, 1966 U.S.Code Cong. and Adm.News, p. 3969; Pub.L. 91-224, 1970 U.8.Code Cong. and Adm.News, p. —. Library References Navigable Waters ¢=35. C.J.8. Navigable Waters § 11. § 1161. Control of pollution by oil—Definitions (a) For the purpose of this section, the term— (1) “oil” means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil; (2) “discharge” inciudes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping; (3) “vessel” means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel; (4) ‘public vessel” means a vessel owned or bare-boat char- tered and operated by the United States, or by a State or politi- cal subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce; (5) “United States” means the States, the District of Co- J lumbia, the Commonwealth of Puerto Rico, the Canal Zone, 4 Guam, American Samoa, the Virgin Islands, and the Trust Ter- ; ritory of the Pacific Islands; E (6) “owner or operator” means (A) in the case of a vessel, any person owning, operating, or chartering by demise, such. vessel, and (B) in tke case of an onshore facility, and an off- shore facility, any person owning or operating such onshore fa- 46 Ch. 23 POLLUTION CONTROL 33 § 1161 cility or offshore facility, and (C) in the case of any abandoned offshore facility, the person who owned or operated such fagijj. ty immediately prior to such abandonment; (7) “person” includes an individual, firm, corporation, asso. ciation, and a partnership. (8) “remove” or “removal” refers to removal of the oil fron the water and shorelines or the taking of such other actions 4 may be necessary to minimize or mitigate damage to the publi, health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beach. es; (9) “contiguous zone” means the entire zone established or to be established by the United States under article 24 of the Convention on the Territorial Sea and the Contiguous Zone; (10) “onshore facility” means any facility (including, buy not limited to, motor vehicles and rolling stock) of any kind lo cated in, on, or under, any land within the United States other than submerged land; (11) “offshore facility” means any facility of any kind lb cated in, on, or under, any of the navigable waters of the Unite States other than a vessel or a public vessel; (12) “act of God” means an act occasioned by an unantici- pated grave natural disaster; (13) “barrel” means 42 United States gallons at 60 degrees Fahrenheit. Congreasional deciaration of policy; prohibition against discharge ef oil; exceptions; rules and regulations; determination of harmiul quantities of @ischkargced olf; motificution of United State. of @ischerze ef oft: penalties for failure to notify; procedure for imposition of civil penalties for knowingly discharging oil; witbholding of clearance (b) (1) The Congress hereby declares that it is the policy of the United States that there should be no discharges of oil into or upon the navigable waters of the United States, adjoining shore lines, or into or upon the waters of the contiguous zone. (2) The discharge of oil into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone in harmful quantities as determined by the President under paragraph (3) of this subsection, is prohibited, ex- cept (A) in the case of such discharges into the waters of the cor- tiguous zone, where permitted under article IV of the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, and (B) where permitted in quantities and at times and locations or under such circumstances or conditions as the Presi- dent may, by regulation, determine not.to be harmful. Any regula tions issued under this subsection shall be consistent with maritime safety and with marine and navigation laws and regulations and ap plicable water quality standards. T. 33 U.S.C.A. §§ 901-End—43 BLEED THROUGH POOR COPY — 33 § 1161 NAVIGABLE WATERS Ch. 23 47 (3) The President shall, by regulation, to be issued as soon as possible after April 3, 1970, determine for the purposes of this sec- tion, those quantities of oil the discharge of which, at such times, jocations, circumstances, and conditions, will be harmful to the pub- lic health or welfare of the United States, including, but not limited to, fish, shellfish, wildlife, and public and private property, shore- lines, and beaches, except that in the case of the discharge of oil into cr upon the waters of the contiguous zone, only those dis- charges which threaten the fishery resources of the contiguous zone or threaten to pollute or contribute to the pollution of the territory or the territorial sea of the United States may be determined to be harmful. (4) Any person in charge of a vessel or of an onshore facility or an offshore facility shall, as socn as he has knowledge of any dis- charge of oil from such vessel or facility in violation of paragraph (2) of this subsection, immediately notify the appropriate agency of the United States Government of such discharge. Any such person who fails to notify iramediately such agency of such discharge shall, upon conviction, be fined not more than $10,000, or imprisoned for not more than one year, or both. Notification received pursuant to this paragraph or information obtained by the exploitation of such notification shall not be used against any such person in any crimi- nal case, except a prosecution for perjury or for giving a false statement. (5) Any owner or operator of any vessel, onshore facility, or off- shore facility from which oil is knowingly discharged in violation of paragraph (2) of this subsection shall be assessed a civil penalty by the Secretary of the department in which the Coast Guard is op- erating of not more than $10,000 for each offense. No penalty shall f be assessed uniess the owner or operator charged shall have been \. given notice and opportunity for a hearing on such charge. Each violation is a separate offense. Any such civil penalty may be com- promised by such Secretary. In determining the amount of the pen- ality, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the owner or operator charged, the effect on the owner or operator’s ability to continue in business, and the gravity of the violation, shall be considered by such Secretary. The Secretary of the Treasury shall withhold at the request of such Secretary the clearance required by section 91 of Title 46, of any vessel the owner or operator of which is subject to the foregoing penalty. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to such Secre- tary. : National Contingency Plan for removal of discharged oll; provisions; revisions; compliance (c) (1) Whenever any oil is discharged, into.or upon the naviga- ble waters of the United States, adjoining shorelines, or into or COPY BOUND TOO CLOSE IN CENTER 48 Ch. 23 POLLUTION CONTROL 33 § 116) upon the waters of the contiguous zone, the President is authoring to act to remove or arrange for the removal of such oil at any tj unless he determines such removal will be done properly by the owner or operator of the vessel, onshore facility, or offshore facility from which the discharge occurs. (2) Within sixty days after April 3, 1970, the President shal] pre. pare and publish a National Contingency Plan for removal of ¢jj pursuant to this subsection. Such National Contingency Plan shyj provide for efficient, coordinated, and effective action to minimi, damage from oil discharges, including containment, dispersal, an removal of oil, and shall include, but not be limited to— (A) assignment of duties and responsibilities among Feder departments and agencies in coordination with State and loc agencies, including, but not limited to, water pollution control, conservation, and port authorities; (B) identification, procurement, maintenance, and storage of equipment and supplies; (C) establishment or designation of a strike force consisting of personnel who shall be trained, prepared, and available tp provide necessary services to carry out the Plan, including th establishment at major ports, to be determined by the President, of emergency task forces of trained personnel, adequate oil pol. lution control equipment and material, and a detailed oil polly. tion prevention and removal plan; (D) a system of surveillance and notice designed to insur earliest possible notice of discharges of oil to the appropriate Federal agency; — : (E) establishment of a national center to provide coordina tion and direction for operations in carrying out the Plan; ; (F) procedures and techniques to be employed in identifying, containing, dispersing, and removing oil; and (G) a schedule, prepared in cooperation with the States, identifying (i) dispersants and other chemicals, if any, that may be used in carrying out the Plan, (ii) the waters in which such dispersants and chemicals may be used, and (iii) the quan- tities of such dispersant or chemical which can be used safelr in such waters, which schedule shall provide in the case of any dispersant, chemical, or waters not specifically identified in such schedule that the President, or his delegate, may, ona case-by-case basis, identify the dispersants and other chemicals which may be used, the watcrs in which they may be used, and the quantities which can be used safely in such waters. The President may, from time to time, as he deems advisable, revise or otherwise amend the National Contingency Plan. After publics tion of the National Contingency Plan, the removal of oil and ac tions to minimize damage from oil discharges shall, to the greatest : 49 33 § 1161 NAVIGABLE WATERS Ch. 23 extent possible, be ‘in accordance with the National Contingency Plan Marine dinanterns;,creation of a substantial threat of a polluti hasard; removal or elimination of pollution hazard; removal or destruction of vessel; employment of personnel; expenses | (d) Whenever a marine disaster in or upon the navigable waters of the United States has created a substantial threat of a pollution hazard to the public health or welfare of the United States, includ- ing, but not limited to, fish, shellfish, and wildlife and the public and private shorelines and beaches of the United States, because of a discharge, or an imminent discharge, of large quantities of oil from a vessel the United States may (A) coordinate and direct all public and private efforts directed at the removal or elimination of such threat; and (B) summarily remove, and, if necessary, destroy such vessel by whatever means are available without regard to any provision of law governing the employment of personnel or the ex- penditure of appropriated funds, Any expense incurred under this subsection shall be a cost incurred by the United States Government for the purposes of subsection (f) of this section in the removal of oil. Action by United States attorney to abnite actual or threatened discharae of oil from an onshore or offshore facility; jurisdiction; nature of rclief (e) In addition to any other action taken by a State or local gov- ernment, when the President determines there is an imminent and substantial threat to the public health or welfare of the United States, including, but not limited to, fish, shellfish, and wildlife and public and private property, shorelines, and beaches within the Unit- ed States, because of an actual or threatened discharge of oil into or upon the navigable waters of the United States from an onshore or offshore facility, the President may require the United States at- torney of the district in which the threat occurs to secure such re- lief as may be necessary to abate such threat, and the district courts of the United States shall have jurisdiction to grant such re- lief as the public interest and the equities of the case may require. Liability of owner or operator of vesscl, onshore facility. or offshore facility for discharne of vil; exceptionx; amount of liability; procedure for recovcry (f) (1) Except where an owner or operator can prove that a dis- charge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any vessel from which oil is discharged in violation of subsection (b) (2) of this section shall, notwithstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) of this section for the removal of such oil by the United States Government in an amount not to exceed $100 per COPY BOUND TOO CLOSE IN CENTER 50 Ch. 23 POLLUTION CONTROL 33 § 116) gross ton of such vessel or $14,000,000, whichever is lesser, that where the United States can show that such discharge wast), result of willful negligence or willful misconduct within the Privj and knowledge of thé owner, such owner or operator shall be liable to the United States Government for the full amount of such costs Such costs shall constitute a maritime lien on such vesse] Which may be recovered in an action in rem in the district court of th, United States for any district within which any vessel may } found. The United States may also bring an action against the ow. er or operator of such vessel in any court of competent jurisdictic, to recover such costs. (2) Except where an owner or operator of an onshore facility can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United State Government, or (D) an act or omission of a third party withoy regard to whether any such act or omission was or was not negli. gent, or any combination of the foregoing clauses, such owner or op. erator of any such facility from which oil is discharged in violation, of subsection (b) (2) of this section shall be liable to the Unite States Government for the actual costs incurred under subsectioy (c) of this section for the removal of such oil by the United States Government in a:; amount not to exceed $8,000,000, except that where the Unit« 4 States can show that such discharge was the re. sult of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs, The United States may bring an action against the owner or open- tor of such facility in any court of competent jurisdiction to recover such costs. The Secretary is authorized, by regulation, after consul. tation with the Secretary of Commerce and the Small Business Ad. ministration, to establish reasonable and equitable classifications of those onshore facilities having a total fixed storage capacity of 1,000 barrels or less which he determines because of size, type, and location do not present a substantial risk of the discharge of oil in violation of subsection (b) (2) of this section, and apply with re spect to such classifications differing limits of liability which may be less than the amount contained in this paragraph. (3) Except where an owner or operator of an offshore facility can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without re- gard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any such facility from which oil is discharged in violation of subsection (b) (2) of this section shall, notwithstanding any other. provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) of this section for the te. ? BLEED THROUGH POOR COPY 51 33 § 1161 NAVIGABLE WATERS Ch. 22 moval of such oil by the United States Government in an amount not to excced $8,000,000, except that where the United States can show that such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Govern- ment for the full amount of such costs. The United States may bring an action against the owner or operator of such a facility in any court of competent jurisdiction to recover such costs. Proof by owner or operator of vensel, onshore facility, or offshore facility of Hability | third party for discharge of oll; exceptions to third party Hability; amount of UMability; procedare for recovery (g) In any c&se where an owner or operator of a vessel, of an onshore facility, or of an offshore facility, from which oil is dis- charged in violation of subsection (b) (2) of this section proves that such discharge of oil was caused solely by an act or omission of a third party, or was caused solely by such an act or omission in combination with an act of God, an act of war, or negligence on the part of the United States Government, such third party shall, not- withstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) of this section for removal of such oil by the United States Gov- ernment, except where such third party can prove that such dis- charge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of another party without regard to whether such act or omission was or was not negligent, or any combination of the foregoing clauses. If such third party was the owner or operator of a vessel which caused the discharge of oil in viviation of subsection (b) (2) of this section, the liability of such third party under this subsection shall not exceed $100 per gross ton of such vessel or $14,000,000, whichever is the lesser. In any other case the liability of such third party shall not exceed the limitation which would have been applicable to the owner or operator of the vessel or the on- shore or offshore facility from which the discharge actually oc- curred, if such owner or operator were liable. If the United States can show that the discharge of oil in violation of subsection (b) (2) of this section was the result of willful negligence or willful mis- conduct within the privity and knowledge of such third party, such third party shall be liable to the United States Government for the full amount of such removal costs. The United States may bring an action against the third party in any court of competent jurisdiction to recover such removal costs. ' Preservation of richts of owner or operator of vessel, onshore facility, or offshore facility, or United States against any third party (h) The liabilities established by this section shall in no way af- fect any rights which (1) the owner or operator of a vessel or of an onshore facility or an offshore facility may have against any third party whose acts may in any way have caused or contributed to GOPY BOUND TOO CLOSE IN CENTER 50 Ch. 23 POLLUTION CONTROL 33 § 116) gross ton of such vessel or $14,000,000, whichever is lesser, that where the United States can show that such discharge was the result of willful negligence or willful misconduct within the priyj and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs. Such costs shall constitute a maritime lien on such vessel which may be recovered in an action in rem in the district court of the Uni States for any district within which any vesse] may be found. The United States may also bring an action against the own. er or operator of such vessel in any court of competent jurisdiction to recover such costs. (2) Except where an owner or operator of an onshore facility can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether any such.act or omission was or was not negli. gent, or any combination of the foregoing clauses, such owner or op- erator of any such facility from which oil is discharged in violation of subsection (b) (2) of this section shall be liable to the United States Government for the actual costs incurred under subsection (c) of this section for the removal of such oil by the United States Government in an amount not to exceed $8,000,000, except that where the United States can show that such discharge was the re- sult of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable — to the United States Government for the full amount of such costs. | The United States may bring an action against the owner or opera- | tor of such facility in any court of competent jurisdiction to recover such costs. The Secretary is authorized, by regulation, after consul- tation with the Secretary of Commerce and the Small Business Ad- ministration, to establish reasonable and equitable classifications of those onshore facilities having a total fixed storage capacity of 1,000 barrels or less which he determines because of size, type, and location do not present a substantial risk of the discharge of oil in violation ofysubsection (b) (2) of this section, and apply with re- spect to such classifications differing limits of liability which may be less than the amount contained in this paragraph. (3) Except where an owner or operator of an offshore facility can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without re- gard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any such facility from which oil is discharged in violation of subsection (b) (2) of this section shall, notwithstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) of this section for the re BLEED THROUGH POOR COPY 51 33 § 1161 NAVIGABLE WATERS Ch. 22 moval of such oil by the United States Government in an amount not to excced $8,000,000, except that where the United States. can show that such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Govern- ment for the full amount of such costs. The United States may bring an action against the owner or operator of such a facility in any court of competent jurisdiction to recover such costs. Preof by owner or operator of veasel, onshore facility, or offshore facility of ability of third party for discharge of oll; exceptions to third party Nability; amount of liability; procedare for recovery” (g) In any case where an owner or operator of a vessel, of an onshore facility, or of an offshore facility, from which oil is dis- charged in violation of subsection (b) (2) of this section proves that such discharge of oil was caused solely by an act or omission of a third party, or was caused solely by such an act or omission in combination with an act of God, an act of war, or negligence on the part of the United States Government, such third party shall, not- withstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) of this section for removal of such oil by the United States Gov- ernment, except where such third party can prove that such dis- charge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of another party without regard to whether such act or omission was or was not negligent, or any combination of the foregoing clauses. If such third party was the owner or operator of a vessel which caused the discharge of oil iu viviation of subsection (b) (2) of this section, the liability of such third party under this subsection shall not exceed $100 per gross ton of such vessel or $14,000,000, whichever is the lesser. In any other case the liability of such third party shall not exceed the limitation which would have been applicable to the owner or operator of the vessel or the on- shore or offshore facility from which the discharge actually oc- curred, if such owner or operator were liable. If the United States can show that the discharge of oil in violation of subsection (b) (2) of this section was the result of willful negligence or willful mis- conduct within the privity and knowledge of such third party, such third party shall be liable to the United States Government for the full amount of such removal costs. The United States may bring an action against the third party in any court of competent jurisdiction to recover such removal costs. Preservation of richts of owner or operator of vessel, onshore facility. or offshore facility, or United States against any third party (h) The liabilities established by this section shall in no way af- fect any rights which (1) the owner or operator of a vessel or of an onshore facility or an offshore facility may have against any third party whose acts may in any way have caused or contributed to COPY BOUND TOO CLOSE IN CENTER 52 Ch. 23 POLLUTION CONTROL 33 § 116] such discharge, or (2) the United States Government may have against any third party whose actions may in any way have causeg or contributed to the discharge of oil. Removal by ewner or operator of vexsel, enshere facility, or offzhore of dixcharxed ofl; suit against United States for recovery of reasonable cost ef remevni; applicability te Outer Centincntal Shelf Lands Act; ee ef judgment (i)' (1) In any case where an owner or operator of a vessel or an onshore facility or an offshore facility from which oil is dis. charged in violation of subsection (b) (2) of this section acts to re. move such oil in accordance with regulations promulgated pursuant to this section, such owner or operator shall be entitled to recover the reasonable costs incurred in such removal upon establishing, in a suit which may be brought against the United States Government in the United States Court of Claims, that such discharge was caused solely by (A) an act of God, (B) an act of war, (C) negli- gence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether such act or omission was or was not negligent, or of any combination of the foregoing clauses. (2) The provisions of this subsection shall not apply in any case where liability is established pursuant to the Outer Continental Shelf Lands Act. (3) Any amount paid in accordance with a judgment of the Unit- ed States Court of Claims pursuant to this section shall be paid from the fund established pursuant to subsection (k) of this section. Issuance of rales and reculations consistent with the National Contingency Pian; compliance; imposition ef civil penalties for violations; amount (j) (1) Consistent with the National Contingency Plan required by subsection (c) (2) of this section, as soon as practicable after April 3, 1970, and from time to time thereafter, the President shall issue regulations consistent with maritime safety and with marine and navigation laws (A) establishing methods and procedures for removal of discharged oil, (B) establishing criteria for the develop- ment and implemertation of local and regional oi] removal contin- gency plans, (C) establishing procedures, methods, and require- ments for equipment to prevent disciarges of oil from vessels and from onshore facilities and offshore facilities, and (D) governing the inspection of vessels carrying cargoes of oil and the inspection of such cargees in order to reduce the likelihood ef discharges of oil from such vessels in violation of this section. (2) Any owner or operator of a vessel or an onshore facility or an offshore facility and any other person subject to any regulation issued under paragraph (1) of this subsection who fails or refuses to comply with the provisions of any such regulation, shall be liable to a civil penalty of not more than $5,000 for each such violation. Each violation shall be a separate offense. The President may a+ BLEED THROUGH POOR COPY 53 33 § 1161 NAVIGABLE WATERS Ch. 23 sess and compromise such penalty. No penalty shall be assessed until the owner, operator, or other person charged shall have been given notice and an opportunity for a hearing on such charge. In determining the amount of the penalty, or the amount agreed upon in compromise, the gravity of the violation, and the demonstrated good faith of the owner, operator, or other person charged in at- tempting to achieve rapid compliance, after notification of a viola- tion, shall be considered by the President. Authorizati appropriations (k) There is hereby authori be appropriated to a revolving fund to be cstablished in the ury not to exceed $35,000,000 to carry out the provisions of subséctions (c), (i), and (l) of this sec- tion and section 1162 of this title. Amy other funds received by the United States under this section shall also be deposited in said fund for such purposes. All sums appropriated to, or deposited in, said fund shall remain available until expended. Administration of oll pollation control; delegation of authority by sident; availability of appropriations; utilization of personnel, services, and facilities (l) The President is authorized to delegate the administration of this section to the heads of those Federal departments, agencies, and instrumentalities which he determines to be appropriate. Any moneys in the fund established by subsection (k) of this section shall be available to such Federal departments, agencies, and instru- mentalities to carry out the provisions of subsections (c) and (i) of this section and section 1162 of this title. Each such department, agency, and instrumentality, in order to avoid duplication of effort, shall, whenever appropriate, utilize the personnel, services, and fa- cilities of other Federa! departments, agencies, aud insirume.tali- ties. Enforcement of provisions (m) Anyone authorized by the President to enforce the provisions of this section may, except as to public vessels, (A) board and in- spect any vessel upon the navigable waters of the United States or the waters of the contiguous zone, (B) with or without a warrant arrest any person who violates the provisions of this section or any regulation issued thereunder in his presence or view, and (C) exe- cute any warrant or other process issued by an officer or court of competent jurisdiction. Jurisdiction and venue . (n) The several district courts of the United States are invested with jurisdiction for any actions, other than actions pursuant to subsection (i) (1) of this section, arising under this section. In the case of Guam, such actions may be brought in the district court of Guam, and in the case of the Virgin Islands such actions may be brought in the district court of the Virgin Islands. In the case of COPY BOUND TOO CLOSE IN CENTER 54 Ch. 23 POLLUTION CONTROL 33 § 116) American Samoa and the Trust Territory of the Pacific Is such actions may be brought in the District Court of the Unite States for the District of Hawaii and such court shall have jurisdic. tion of such actions. In the case of the Canal Zone, such actions may be brought in the United States District Court for the Distric¢, of the Canal Zone. Existing liability for damages for ott Gixchargze or removal not affected o modified; power ef State or political subdivision thereef to impose fe. quirements or liabilitics for oil dixcharge not preempted; existing Federal, State, or local authority or law not affected or modified (0) (1) Nothing in this section shall affect or modify in any way the obligations of any owner or operator of any vessel, or of any owner or operator of any onshore facility or offshore facility to any person or agency under any provision of law for damages to any publicly-owned or privately-owned property resulting from a dis. charge of any oil or from the removal of any such oil. (2) Nothing in this section shall be construed as preempting any State or political subdivision thereof from imposing any require ment or liability with respect to the discharge of oil into any waters within such State. (3) Nothing in this section shall be construed as affecting or modifying any other existing authority of any Federal department, agency, or instrumentality, relative to onshore or offshore facilities under this chapter or any other provision of law, or to affect any State or local law not in conflict with this section. Financial respensibility of vessels; amonnt; extablixhment: effective date: misinircutiuon of previntons: claim for coxts agninst insurer: study and repert on need for financial responsibility ef vesscis, and onsbore asd offshore facilities (p) (1) Any vessel over three hundred gross tons, including any barge of equivalent size, using any port or place in the United States or the navigable waters of the United States for any purpose shall establish and maintain under regulations to be prescribed from time to time by the President, evidence of financial responsibility of $100 per gross ton, or $14,000,000 whichever is the lesser to meet the liability to the United States which such vessel could be subject- ed under this section. In cases where an owner or operator owns, operates, or charters more than one such vessel, financial responsi- bility need only be established to meet the maximum liability to which the largest of such vessels could be subjected. Financial re- sponsibility may be established by any one of, or a combination of, the following methods acceptable to the President: (A) evidence of insurance, (B) surety bonds, (C) qualification as a sclf-insurer, or (D) other evidence of financial responsibility. Any bond filed shall be issued by a bonding company authorized to do business in the United States. (2) The provisions of paragraph (1) of this subsection shall be effective one year after April 3, 1970. The President shall de BLEED THROUGH POOR COPY 55 33 § 1161 NAVIGABLE WATERS Ch. 23 the responsibility to carry out the provisions of this subsection to the appropriate agency head within sixty days after April 3, 1970. Reg- glations necessary to implement this subsection shall be issued within six months after April 3, 1970. | (3) Any claim for costs incurred by such vessel may be brought directly against the insurer or any other person providing evidence of financial responsibility as required under this subsection. In the case of any action pursuant to this subsection such insurer or other person shall be entitled to invoke all rights and defenses which would have been available to the owner or operator if an action had been brought against him by the claimant, and which would have been available to him if an action had been brought against him by the owner or operator. (4) The Secretary of Transportation, in consultation with the | Secretaries of Interior, State, Commerce, and other interested Feder- gl agencies, representatives of the merchant marine, oi] companies, | insurance companies, and other interested individuals and organiza- tions, and taking into account the results of the application of para- graph (1) of this subsection, shall conduct a study of the need for and, to the extent determined necessary— (A) other measures to provide financial responsibility and limitation of liability with respect to vessels using the naviga- ble waters of the United States; (B) measures to provide financial responsibility for all on- shore and offshore facilities; and (C) other measures for limitation of liability of such facili- ties ; for the cost of removing discharged oil and paying all damages re- sulting from the discharge of such oil. The Secretary of Transpor- tation shall submit a report, together with any legislative recom- mendations, to Congress and the President by January 1, 1971. June 30, 1948, c. 758, § 11, as added Apr. 3, 1970, Pub.L. 91-224, Title I, § 102, 84 Stat. 91. COPY BOUND TOO CLOSE IN CENTER 56 § 1161. Control of poliution by oil e . 7 ° . ° * . * Ps Financial responsibility of vessels; amount; establixhment;: effective administration of provisions; claim for costs against insurer; study ang repert on need for financial responsibility of vessels, and onshore ang offshore facilitics (p) (1) ‘Any vessel over three hundred gross tons, including any barge of equivalent size, but not including any barge that is not self-propelled and that does not carry oil as cargo or fuel, using any port or place in the United States or the navigable waters of the United States for any purpose shall establish and maintain under regulations to be prescribed from time to time by the President, evidence of financial responsibility of $100 per gross ton, or $14,000,000 whichever is the lesser to meet the liability to the United States which such vessel could be subjected under this section. In cases where an owner or operator owns, operates, or charters more than one such vessel, financial responsibility need only be established to meet the maximum liability to which the largest of such vessels could be subjected. Financial responsibility may be established by any one of, or a combination of, the following methods acceptable to the President: (A) evidence of insurance, (B) surety bonds, (C) quali- fication as a self-insurer, or (D) other evidence of financial responsj- bility. Any bond filed shall be issued by a bonding company authorized to do business in the United States. 7 . * . . * . o . e As cmended Dee. 31, 1970, Pub.L. 91-611, Title I, § 120, 84 Stat. 1823. BLEED THROUGH POOR COPY 57 § 183. Amount of liability; loss of life or bodily injury; privity imputed to owner; “seagoing vessel” (a) The liability of the owner of any vessel, whether American or foreign, for any embezzlement, loss, or destruction by any per- son of any property, goods, or merchandise shipped or put on board of such vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture, done, oc- casioned, or incurred, without the privity or knowledge of such own- er or owners, shall not, except in the cases provided for in subsection (b) of this section, exceed the amount or value of the interest of such owner in such vesscl, and her freight then pending. (b) In the case of any seagoing vessel, if the amount of the own- er’s liability as limited under subsection (a) of this section is in- sufficient to pay all losses in full, and the portion of such amount ap- plicable to the payment of losses in respect of loss of life or bodily injury is less than $60 per ton of such vessel’s tonnage, such portion shall be increased to an amount equal to $60 per ton, to be available only for the payment of losses in respect of loss of life or bodily in- jury. If such portion so increased is insufficient to pay such losses in full, they shall be paid therefrom in proportion to their respective amounts. (c) For the purposes of this section the tonnage of a seagoing steam or motor vessel shall be her gross tonnage without deduction on account of engine room, and the tonnage’ of a seagoing sailing vessel shall be her registered tonnage: Provided, That there shall not be included in such tonnage any space occupied by seamen or ap- prentices and appropriated to their use. (d) The owner of any such seagoing vessel shall be liable in re- spect of loss of life or bodily injury arising on distinct occasions to the same extent as if no other loss of life or bodily injury had arisen. (e) In respect of loss of life or bodily injury the privity or knowl- edge of the master of a seagoing vessel or of the superintendent or managing agent of the owncr thereof, at or prior to the commence- ment of each voyage, shall be deemed conclusively the privity or knowledge of the owner of such vessel. (f) As used in subsections (b), (c), (d), and (e) of this section and in section 183b of this title, the term “seagoing vessel” shall not include pleasure yachts, tugs, towboats, towing vessels, tank ves- sels, fishing vessels or their tenders, self-propelled lighters, non- descript self-propelled vessels, canal boats, scows, car floats, barges, lighters, or nondescript non-self-propelled vessels, even though the ’ game may be seagoing vessels within the meaning of such term as used in section 188 of this title. R.S. § 4283; Aug. 29, 1935, c. 804, $1, 49 Stat. 960; June 5, 1936, c. 521, § 1, 49 Stat. 1479. COPY BOUND TOO CLOSE IN CENTER 58 ARTICLE III UNITED STATES CONSTITUTION SECTION 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting am- bassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more States; between a State and citizens of another State;--between citizens of different States;--between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens | thereof, and foreign States, citizens or subjects. AMENDMENT IX. UNITED STATES CONSTITUTION The enumeration in the Constitution, of certain rights, shall not be con- strued to deny or disparage others retained by the people. BLEED THROUGH POOR COPY 59 AMENDMENT X UNITED STATES CONSTITUTION The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. COPY BOUND TOO CLOSE IN CENTER BLEED THROUGH POOR COPY ADDENDUM IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA Case No. 71-156-Civ-J THE AMERICAN WATERWAYS OPERATORS, INC., aDelaware corporation; GULF ATLANTIC TOWING CORPORATION, a Florida corporation; GLIDDENDURKEE, -a division of SCM, CORPORATION, a New York corporation; DIXIE CARRIERS, INC., a Delaware corporation; OIL TRANSPORT COMPANY, INCORPORATED, a Louisiana corporation; NATIONAL MARINE SERVICE, INC., a Delaware * corporation; NATIONAL MARINE SERVICE, INC., a Delaware corporation; THE REVILO CORPORATION, a Florida corpor- - ation; EASTERN SEABOARD /PETROLEUM COMPANY, INC., a Florida corporation; NILO BARGE LINE, INC., a Delaware corporation; STEUART TRANSPORTATION COMPANY, a Delaware corporation; INTERSTATE OIL TRANSPORT COMPANY, a Delaware corporation; FEDERAL BARGE LINES, INC., a Delaware corporation; GULF CANAL LINES, INC., a Texas : corporation; and INGRAM OCEAN SYSTEM, INC., a Delaware corporation, all authorized to do business in the State of Florida, Plaintiffs, COPY BOUND TOO CLOSE IN CENTER * SUWANNEE STEAMSHIP CO., a Florida corporation; COMMODORES POINT TERMINAL CORPORATION, a Delaware corporation; AMERICAN INSTITUTE OF MERCHANT SHIPPING; ASSURANCE FOREN- INGEN GARD; ASSURANCE FORENINGEN SKULD; THE BRITANNIA STEAM SHIP INSURANCE ASSOCIATION, LIMITED; THE JAPAN SHIP OWNERS MUTUAL PROTECTING AND INDEMNITY ASSOCIATION; THE LIVER- POOL AND LONDON STEAM SHIP PROTECTION AND INDEMNITY ASSOCIATION, LIMITED; THE LONDON STEAM-SHIP OWNERS' MUTUAL INSURANCE ASSOCIATION, LIMITED; NEW- CASTLE PROTECTION AND INDEMNITY ASSOCIATION; THE NORTH OF ENGLAND PROTECTING & INDEMNITY ASSOCIATION, LIMITED; THE STANDARD STEAMSHIP OWNERS' PROTECTION & INDEMNITY ASSOCIATION; THE STANDARD STEAMSHIP OWNERS' PROTECTION AND INDEMNITY ASSOCIATION (BERMUDA), LIMITED; THE STEAMSHIP MUTUAL UNDERWRITING ASSOC- IATION, LIMITED; SUNDERLAND STEAMSHIP PROTECTING AND INDEMNITY ASSOCIATION; SVERIGES ANGFARTYGS ASSURANSFORENING; THE UNITED KINGDOM MUTUAL STEAM SHIP ASSURANCE ASSOCIATION (BERMUDA), LIMITED; .THE WEST OF ENGLAND SHIP OWNERS MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG); and their respective members, Intervening Plaintiffs, BLEED THROUGH P COPY al ™~ 3 REUBIN O'D ASKEW, as Governor of the State of Florida; RICHARD B. STONE, as Secretary of State of the State of Florida; ROBERT L. SHEVIN, as Attorney General of the State of Florida; FLOYD T. CHRISTIAN, as Commissioner of Education of the State of Florida; DOYLE E. CONNOR, as Commissioner of Agriculture of the State of Florida; FRED O. DICKINSON, JR., as Comptroller of the State of Florida; THOMAS D. O'MALLEY, JR., as Treasurer of the State of Florida; as and constituting THE DEPARTMENT OF NATURAL RESOURCES, State of Florida; RANDOLPH HODGES, as Executive Director, and TOM SIMPSON, as Conservation Officer of Duval County, DEPARTMENT OF NATURAL RESOURCES, State of Florida; and THE STATE OF FLORIDA, Defendants. NOTICE OF APPEAL TO THE SUPREME COURT OF THE UNITED STATES Notice is hereby given that Defendants REUBIN O'D. ASKEW, as Governor of the State of Florida; RICHARD B. STONE, as Secretary of State of the State of Florida; ROBERT L. SHEVIN, as Attorney General of the State of Florida; FLOYD T. CHRISTIAN, as Commissioner of Education of the State of Florida; 5 PROOF OF SERVICE I, Daniel S. Dearing, hereby certify that on the 22nd day of December, 1971, I served copies of the foregoing Notice of Appeal on the several parties hereto as follows: On Plaintiffs THE AMERICAN WATERWAYS OPERATORS, INC.; GULF ATLANTIC TOWING CORPORATION; GLIDDENDURKEE; DIXIE CARRIERS, INC.; OIL TRANSPORT COMPANY, INC.; NATIONAL MARINE SERVICE, INC.; THE REVILO CORPORATION; EASTERN SEA- BOARD PETROLEUM COMPANY, INC.; STEUART TRANSPORTATION COMPANY; INTERSTATE OIL TRANSPORT MPANY; FEDERAL BARGE LINES, INC.; GUL ANAL LINES, INC.; INGRAM OCEAN SYSTEM, INC., by mailing three copies to them c/o Ervin, Pennington, Varn & Jacobs, Attorneys for Original Plaintiffs, P. O. Box 1170, Tallahassee, Florida 32302; and 'On Intervening Plaintiffs SUWANNEE STEAMSHIP CO. and COMMODORES POINT TERMINAL CORPORATION by mailing three copies to them c/o KURZ, TOOLE,TAYLOR, MOSELEY & GABEL, Attorneys for the above-named Intervening Plaintiffs, Suite 1014 Barnett Bank Building, 112 West Adam Street, Jacksonville, Florida 32202; and 4 BLEED THROUGH POOR COPY 4 DOYLE E. CONNER, as Commissioner of Agriculture of the State of Florida; FRED O. DICKINSON, JR., as Comptroller of the State of Florida; THOMAS D. O'MALLEY, JR., as Treasurer of the State of Florida; as and constituting THE DEPARTMENT OF NATURAL RESOURCES, State of Florida; RANDOLPH HODGES, as Executive Director, and TOM SIMPSON, as Conservation Officer of Duval County, Department of Natural: Resources, State of Florida; and THE STATE OF FLORIDA, hereby appeal to the Supreme Court of the United States from the final judgment in favor of Plaintiffs and Intervening Plaintiffs entered in this action on December 10, 1971. This appeal is taken pursuant to 28 U.S.C. § 1253. Respectfully submitted, ROBERT L. SHEVIN Attorney General s/ Daniel S. Dearing DANIEL S. DEARING Chief Trial Counsel Department of Legal Affairs The Capitol Tallahassee, Florida 32304 Attorneys for Defendants . 6 On Intervening Plaintiffs AMERICAN INSTITUTE OF MERCHANT SHIPPING; ASSURANCE FORENINGEN GARD; ASSURANCE FORENINGEN SKULD; THE BRITANNIA STEAM SHIP INSURANCE ASSOCIATION, LIMITED; THE JAPAN SHIP OWNERS MUTUAL PROTECT- ING AND INDEMNITY ASSOCIATION LIMITED; THE LONDON STEAM-SHIP OWNERS' MUTUAL INSURANCE ASSOCIATION, LIMITED; NEWCASTLE PROTECTION AND INDEMNITY ASSOCIATION; THE NORTH OF ENGLAND PROTECTING & INDEMNITY ASSOCIATION, LIMITED; THE STANDARD STEAMSHIP OWNERS' PROTECTION & INDEMNITY ASSOC- IATION; THE STANDARD STEAMSHIP OWNERS' PROTECTION AND INDEMNITY ASSOCIATION (BERMUDA), LIMITED; THE STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION, LIMITED; SUNDERLAND STEAMSHIP PROTECTING AND INDEMNITY ASSOCIATION;SVERIGES ANGFARTYGS ASSURANSFORENING; THE UNITED KINGDOM MUTUAL STEAM SHIP ASSURANCE ASSOCIATION (BERMUDA) , LIMITED; THE WEST OF ENGLAND SHIP OWNERS MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG) ; and their respective members, by mailing three copies to them c/o Fowler, White, Gillen, Humkey, Kinney & Boggs, P. O. Box 1438, Tampa, Florida 33601; Haight, Gardner, Poor & Havens, 80 Broad Street, New York, New York 10004; and Healy & Baillie, 29 Broadway, New York, New York 10006, Attorneys for the above-named Intervening Plaintiffs. BLEED THROUGH POOR COPY s/ Daniel S. Dearing DANIEL S. DEARING Chief Trial Counsel Department of Legal Affairs The Capitol Tallahassee, Florida BLEED THROUGH POOR COPY AMICI CURIAE (Cont'd) Honorable Louis J. Lefkowitz Attorney General State of New York State Capitol Albany, New York 12225 Honorable Robert B. Morgan Attorney General State of North Carolina P, O. Box 629 Raleigh, North Carolina 27602 Honorable Lee Johnson Attorney General State of Oregon 322 State Office Building Salem, Oregon 97310 Honorable Andrew P. Miller Attorney General State of Virginia Supreme Court - Library Building Richmond, Virginia 23219 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386414_0128%3A02. Public record. Not legal advice.