Sludge generated by the Baltimore-Washington area is expected to increase between 1960 and 1980 from 70,000 to 160,000 tons, a rise of about 140 percent. For the New York area during the same period, the increase is expected to be from 99,000 to 220,000 tons for a 120percent increase.

Industrial wastes are growing at a rate of 4.5 percent annually or three times the population growth. Many of these wastes are harmful or toxic to marine life, hazardous to human health, have gravely damaged the shellfish industry, and are destroying the esthetic beauty and use of recreational areas.

The volume of wastes can only increase as existing facilities decrease. Landfill sites are becoming scarce or are being outlawed. Escalating costs from land-based methods of disposal are further encouraging dumping in our oceans.

The destruction to our shellfish industry by dumping of wastes is appalling. The Council stated that pollution from these dumpings had closed at least 20 percent of the Nation's shellfish beds. Affected shellfish had been found to contain hepatitis, polio virus and other pathogens hazardous to human health.

The economic effect, aside from obvious and dangerous health hazards, has been devastating. The National Estuarine Pollution Study, conducted by the Federal Water Quality Administration in 1970, noted that the annual commercial harvest of soft-shelled clams was between 100,000 to 300,000 pounds before 1935. This clam digging is virtually nonexistent because of pollution.

The annual commercial landings of the shrimp fishery before 1936 were as high as 6.5 million pounds. Landings in 1965 were only 10,000 pounds.

The potential value of the U.S. shellfish catch in 1969 was $320 million. As a result of increased pollution in ocean and coastal waters, the actual value in 1969 was $257 million, a $63 million loss in this specific industry alone from the effects of ocean-dumping wastes.

Commercial fisheries, of course, are on the decline with the resultant loss in business and jobs. Pollution caused by dumping has wiped out many fishing grounds and sent United States commercial fleets to distant waters.

A side effect of this situation has been the overfishing of prime grounds for such species as tuna and salmon. The supply of salmon particularly is in peril from huge foreign fishing fleets that have found their feeding grounds in the North Atlantic.

In assessing the damage to fishing, we should not overlook sportsfishing.

Millions of sports fishermen can attest to the dwindling supplies of ocean fish. At a time when we are attempting to increase recreational activities, the sport of fishing is being hit hard by the pollution of rivers, bays, and coastal waters.

Specifically, in the Pennsylvania-New Jersey-Delaware area I cite the virtual disappearance of the croaker which once roamed the Delaware Bay and even the lower Delaware River in vast quantities. Once the prime fish for anglers in those waters, the croaker no longer is available for sports fishing or commercial fishing in the Delaware Bay. It is a rare occasion when a fisherman catches a croaker in these waters.

It is clear to me that the authority to establish standards should rest with the EPA. Problems have arisen in the past with current authorities, such as the Army Corps of Engineers, which are mainly concerned with the navigability of our waterways and not the ecology. Section 5B (a) defines "ocean, coastal, and other waters" as "oceans, gulfs, bays, salt-water lagoons, salt-water harbors, other coastal waters where the tide ebbs and flows, the Great Lakes, and all waters in a zone contiguous to the United States extending to a line 12 nautical miles seaward from the baseline of the territorial sea as provided in article 24 of the Convention on the Territorial Sea and the Contiguous Zone." This 12-mile limit would prevent those infractions which occur today outside of the current territorial sea limit of 3 miles which has left the Army Corps of Engineers helpless to act. Section 5B (a) also requires that the person wishing to dump sustain the burden of proof that the materials that are dumped will not endanger the natural environment of those waters and will meet any additional requirements as the Administrator of the EPA deems necessary for the orderly regulation of such activity. Certainly, the time has come for those who persist in dumping harmful wastes in the ocean to be held accountable for their action and, in fact, through this legislation, begin to terminate the amount of ocean dumping entirely.

The legislation provides that the standards established be adopted and applied to all parts of the Federal and State authorities which have the right to issue authorizations to discharge or deposit material into these waters.

Furthermore, States may establish their own standards with respect to the activity covered by the Federal standard with the condition that the State standard would have to be more stringent than the Federal standard and provide adequate procedures for enforcement. This allows the States not to be hampered by past Federal uniform minimum standards which serve to hamper rather than to effect the causes of the activity.

Section 5B (f) provides that every State and Federal instrumentality and every person applying for authorization to discharge or otherwise dispose of any material into these waters maintain records, make reports, and provide whatever additional information the Administrator of the EPA needs to determine that there is compliance with the standards.

Section 5B (g) provides that the district courts of the United States have jurisdiction to restrain violations of this act.

Section 5B (h) provides that each violation of these standards shall be punishable by a fine of not more than $10,000 nor less than $5,000. This section would make each dumping in violation of the standards punishable by fine.

It is clear to me that we must take those steps which are necessary to turn this spiraling rate of pollution spoilage around, so that we begin to protect not only human lives but the use of the sea, both econonically and from a recreational purpose. The dumping of any waste materials which could create hazardous conditions, toxic or otherwise, in ocean and coastal waters, must stop. Ocean disposal of polluted dredge spoil, undigested sludge, and improperly treated sewage effluent must be terminated. Disposal of unpolluted dredge spill,

rubble, and similar wastes, which have been demonstrated to be inert and nontoxic, should be evaluated on a case-by-case basis. Municipal or industrial refuse, such as garbage, should not be dumped into the sea. Finally, ocean dumping of digested or other stabilized sludge should be discontinued as soon as feasible.

I believe the time to act is now or we may find ourselves in a position where we cannot change the biochemical reactions which are occurring in the ocean at this very minute.

The state of the oceans is rapidly approaching the crisis stage. This bill would provide the means for effective and prudent restraints on ocean dumping within a 12-mile limit from our shores and would be an instrumental step in seeking international cooperation so indispensable if we are to save our oceans, and life itself, from death by pollution.

Passage of legislation of this type is especially important in view of the attitude of foreign countries. For instance, American initiatives for an absolute ban on ocean dumping have been rejected by our NATO allies.

The United States alone cannot end the killing of our seas, but we can provide the leadership necessary. The spread of dead and dying sections of our oceans must be stopped.

I hope that the committee will review all testimony and act favorably on measures to curb ocean dumping.

In support of this testimony on H.R. 805, I submit as exhibit A a letter from the person most expert on the oceans of the worldJacques-Yves Cousteau.

I feel that his testimony, based on 30 years of exploration, is the best available to alert us to the damages we have done to our oceans and to the dangers we face if we do not act quickly and constructively. I am grateful for his support of H.R. 805 and offer, as exhibit B, biographical information on him that attests to his knowledge and expertise.

I thank you for the privilege of presenting this testimony and Jacques-Yves Cousteau's letter on behalf of H.R. 805.

Mr. LENNON. Congressman, we are grateful to you for an excellent statement. If there is no objection, the exhibits you mentioned will appear at this point in the record.

Mr. COUGHLIN. Thank you for your time, Mr. Chairman. (The exhibits referred to follow :)

EXHIBIT A

LIVING SEA CORP.,

Los Angeles, Calif., April 8, 1971.

Congressman LAWRENCE COUGHLIN,

336 Cannon Office Building,

Washington, D.C.

DEAR CONGRESSMAN COUGHLIN: It is gratifying to learn of the introduction of bill HR-805 to prevent the dumping of pollutants into the oceans.

For nearly thirty years my companions and I have been studying the waters of our unique planet. Our observations have been made in stations all over the world-in the Mediterranean, the Red Sea, in the northern and sounthern Indian Ocean, the southern Atlantic, the Caribbean and the Pacific-places we have visited not just once, but often. These observations lead us to an assessment, true everywhere, that the intensity of life has diminished by more than thirty percent over the past twenty years. This reduction applies to fixed fauna, to vege

tation, plankton, shellfish, edible and non-edible fish, coral, and, in fact, all marine life.

There are reasons other than pollution for the diminution of life in the seas: overfishing is one, and the destruction of breeding and living areas by alteration of underwater environments is another. But the primary reason is pollution, for every pollutant on land and in the air eventually finds its way to the sea. Cleansing rains run through streams and rivers and pipelines directly or indirectly to the ocean.

Because 96 percent of the water on earth is in the ocean, we have deluded ourselves into thinking of the seas as enormous and indestructible. We have not considered that earth is a closed system. Once destroyed, the oceans can never be replaced. We are obliged now to face the fact that by using it as a universal sewer, we are severely over-taxing the ocean's powers of self-purification.

The sea is the source of all life. If the sea did not exist, man would not exist. The sea is fragile and in danger. We must love and protect it if we hope to continue to exist ourselves.

Men of all nations must join together in an effort to save our seas. I am sure that by such measures as are called for in HR-805, we will succeed. Sincerely yours,

JACQUES-YVES COUSTEAU.

EXHIBIT B

BIOGRAPHY OF JACQUES-YVES COUSTEAU

For centuries man has dreamed of unlocking the secrets of the mysterious world beneath the sea. Through his inventions, books, films and television specials, undersea explorer Jacques-Yves Cousteau has taken man into this inner space-both vicariously and personally.

Since the day Cousteau donned a pair of goggles more than thirty years ago and looked into the sea, his goal has been to go deeper, stay longer and learn more. His dissatisfaction with existing breathing devices led him to design the compressed-air Aqualung in 1943 in collaboration with the French engineer Emile Gagnan. Throughout World War II he dived and made underwater films with companions Frederic Dumas and Philippe Tailliez as a cover for his underground intelligence work.

Cousteau was born in 1910 in St. André de Cubzac, France. He is a graduate of the French Naval Academy of Brest and served in the French Navy as a gunnery officer. For his wartime services he was made a Knight of the Legion of Honor and awarded the Croix de Guerre. Subsequently he was made Officer of the Legion of Honor in recognition of his contribution to Science. After the liberation, Cousteau with Dumas and Tailliez founded the Group for Undersea Research in the French Navy. The Group participated in many underwater activities including the clearing of German mines from Mediterranean harbors, testing the effects of compressed air diving and explosions underwater on the human body, exploring the romantic Fountain of Vaucluse, excavating a Roman ship sunk off Tunisia in 80 B.C. and aiding with the first dive of a bathyscaphe in 1948.

Fearing that he would be rotated away from the sea to a desk job, Cousteau took leave from the Navy in 1950 to create the non-profit Compagnes Océanographiques Françaises, through which the American-built Calypso, a former minesweeper, is now operated as an oceanographic research vessel.

Calypso made her maiden voyage as a research vessel in 1951 to the Red Sea where, for the first time, an underwater television system developed by Cousteau and French engineer Andre Laban, was put in use. In 1953, Cousteau in collaboration with Frederic Dumas published his first book, The Silent World, a classic account of exploration and adventure and an immediate best-seller. In the years between the book's publication and release of the film of the same name in 1956, Calypso Expeditions was involved in an archeological dig near Grand Congloue, off Marseilles, of a Greek wine ship dating from 205 B.C. To trace the route of the ship, Calypso visited the island of Delos where evidence of the ship's owner was found in the ruins of his villa. In 1954, Calypso and divers explored for oil deposits in the Persian Gulf before making two long cruises to the Seychelles Islands, the Indian Ocean and Red Sea to film The Silent World, winner of the

"Palme d'Or" at Cannes in 1956, and the first of three Cousteau films to be awarded the Motion Picture Academy Award “Oscar”.

In 1957, Cousteau resigned from the Navy and was elected Director of the Musée Océanographique of Monaco. His engineering organization in Marseilles, now known as CEMA (for Centre d'Etudes Marines Avancés), began, under the direction of engineer Jean Mollard, the design and construction of the Diving Saucer (DS-2) Denise, a revolutionary two-man research and observation submarine of circular design, propelled by water jets capable of going to 1,000 feet of depth.

On her voyage to New York to participate in the International Geophysical Year in 1959, Calypso towed a deep-sea camera sled or "Troika", built by CEMA, through the depths of the Atlantic's Rift Valley, making the first continuous photographic record of that bottom. The Diving Saucer was successfully tested during that same year and became a major tool for exploration of the continental shelf.

In 1962, Cousteau and his group establishhed the world's first underwater station, Conshelf I, in which two divers lived continuously for one week in thirty-five feet of water. The following year a more amibitious underwater community was established in the Red Sea, and the feature film, World Without Sun, was made to record the experience. In Coneshelf II five men lived in Starfish House, submerged in thirty-five feet of water for a month, while further down at 85 feet, two men lived for one week in Deep Cabin. A hangar for the Diving Saucer and a tool shed completed the underwater station.

During the period from Calypso's acquisition through the Conshelf III experiment, Calypso expeditions and many Cousteau group projects were funded by the French Ministry of Education and by the National Geographic Society. Accounts of his experiences were made periodically by Cousteau and appeared in the National Geographic Magazine. In 1963, in collaboration with James Dugan,, The Living Sea, which enlarged and expanded on these accounts, was published." In the following year the construction of Deepstar-4000 for the Westinghouse Corporation was completed and the three-man submarine was delivered from CEMA's manufacturing facility in Marseilles, France. That year also saw another unique Cousteau project-the world's first anchored open-sea oceanographic buoy, Mysterious Island-put into operation in the Mediterranean. Currently, CEMA is constructing an advance version of the Diving Saucer (the S.P. 3000) capable of operating at 10,000 feet of depth and the "Argyronete", a ten-man submarine designed to operate at 2,000 feet and from which four oceanauts will emerge to carry on assigned tasks on the ocean floor.

Conshelf III in 1965 was a major advance in underwater habitats which housed six oceanauts at a depth of 328 feet for three weeks. Their experiences were filmed as a television special entitled The World of Jacques-Yves Cousteau for the National Geographic-CBS-TV. The popularity of this program triggered a contract for twelve television specials with Metromedia Producers Corp. and ABC called The Undersea World of Jacques Cousteau. The series of specials has since received numerous awards throughout the United States and Europe.

In 1967, carrying special new equipment including two one-man minisubs, (the "S.P. 500"), Calypso left Monaco for an extended voyage of underwater exploration and filming. The long cruise took the ship and its crew to the Red Sea, Indian Ocean, around the Cape of Good Hope, to the South Atlantic, the Caribbean, Pacific, Peru, Alaska, the Galapagos Islands, the British Honduras and the Bahamas before she returned to France in September of 1970. The enthusiastic response from critics and viewers to the first twelve programs resulted in a contract for a new television series.

On his return with the Calypso, Cousteau voiced his growing concern over pollution of the seas. "The sea is the universal sewer", he said. "All pollutants on land eventually reach the sea". In 1960, Cousteau had lead a successful campaign to prevent the French Atomic Energy Commission's dumping of radioactive wastes into the Mediterranean. At that time he remarked, "We risk poisoning the sea forever just when we are learning her science, art and philos ophy and how to live in her embrace."

Cousteau is also Chairman of the Board of U.S. Divers Co., a diving equip ment manufacturing firm; Les Requins Associés, a French film production company; Living Sea Corporation, a marine structural and design firm in charge of the design of the Museum of the Sea Aboard the Queen Mary; and Thalassa,