Title 33 — Navigation and Navigable Waters
Chapter 28 — Pollution Casualties on the High Seas: United States Intervention
§ 1477. Reasonable measures; considerations
Statutory text
Measures directed or conducted under this chapter shall be proportionate to the damage, actual or threatened, to the coastline or related interests of the United States and may not go beyond what is reasonably necessary to prevent, mitigate, or eliminate that damage.
In considering whether measures are proportionate to the damage the Secretary shall, among other things, consider—
the extent and probability of imminent damage if those measures are not taken;
the likelihood of effectiveness of those measures; and
the extent of the damage which may be caused by those measures.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Intervention on the High Seas Act
Pub. L. 93–248 § 8 · [88 Stat. 8]
Enacted · 33 U.S.C. § 1477
(Pub. L. 93–248, § 8, Feb. 5, 1974, 88 Stat. 9.)
Source evidence
Code source credit
(Pub. L. 93–248, § 8, Feb. 5, 1974, 88 Stat. 9.)Enacted provision · exact public law section
Sec. 8. (a) Measures directed or conducted under this Act shall 33 USC 1477. be proportionate to the damage, actual or threatened, to the coastline or related interests of the United States and may not go beyond what is reasonably necessary to prevent, mitigate, or eliminate that damage. (b) In considering whether measures are proportionate to the damage the Secretary shall, among other things, consider— (1) the extent and probability of imminent damage if those measures are not taken ; (2) the likelihood of effectiveness of those measures; and (3) the extent of the damage which may be caused by those measures.
1 of 1 references resolved to an enrolled provision