OFFICIAL USE ONLY
feasible for the Commission to issue a regulation under the
authority of section 161, mentioned above, which would prohibit
an unauthorized entry or attempt to enter the danger area by
persons subject to the jurisdiction of the United States.
8. It is realized, of course, that the danger area comprises
roughly 390,000 square nautical miles and thus extends far beyond
the geographical limits of the Pacific Trust Territories which are
administered by the United States and of which the Eniwetok atoll
is a part,
We are dealing with international waters, but a valid
use of these waters by the United States should be protected
against the interference of our citizens, particularly when the
activity involved,
i.e,, nuclear weapons testing, 1s one expressly
authorized by Congress and one so vital to our national security.
9, The attached regulation, if issued, could be used as a
basis for requesting
two types of preventive action,
Section
232 of our Act authorizes the Attorney General to apply for a
court order enjoining or restraining any person who has engaged
in or "is about to engage in” any acts which constitute or will
constitute a violation of any regulation 1lssued pursuant to the
Atomic Energy Act, provided the appropriate showing can be made.
As the letter from the Committee for Non-Violent Action clearly
states an intention to enter the danger area in order to interfere
with our test activities, and as the "Golden Rule" has sailed with
the same announced intention, 1t would not appear to be a
difficult task to show that the crew of the "Golden Rule" "is
about to engage in” a violation of the attached regulation, once
4t were issued.
Injunctive action might be accomplished during
the stop-over of the “Golden Rule” in the Hawaiian Islands where
jurisdiction over the crew could be obtained by the District Court
in Honolulu,