Appendix of Unit Resources

UNIT ONE: Our Public Oceans (A Closer Look at Offshore Uses and Players)

Excerpt from State Management Example: Oregon Territorial Sea Plan (1994)

Adapted from https://www.oregon.gov/lcd/OCMP/Pages/Territorial-Sea-Plan.aspx

PART ONE: Ocean Management Framework

E. OCEAN MANAGEMENT AGENCIES

NOTE: The following descriptions of agency programs and authorities are limited to those that relate to ocean or coastal resources. These descriptions are necessarily brief and not comprehensive.

1. State Agencies
a. Oregon Department of Agriculture

The Department of Agriculture has three interests in the territorial sea. One is the leasing and regulatory functions for oysters (none is grown outside estuaries); the second is regulating the use of TBT (tri-butyltin), a chemical in antifouling paints used to retard the growth of marine life on boat hulls; the third is assisting in the marketing of seafood commodities via seafood-commodity commissions.

b. Oregon Department of Environmental Quality (DEQ)

The Department of Environmental Quality has overall authority for protecting water and air quality in the territorial sea. In addition to authority and responsibility to carry out state pollution laws, the DEQ is authorized to carry out federal pollution-control laws such as the Clean Water Act and regulate discharge of pollutants into marine waters under the federal National Pollutant Discharge Elimination System. DEQ has oil spill prevention and response responsibilities and evaluates state-law mandated oil spill contingency plans, manages oil spill response activities, and provides public education and outreach to volunteer responders. DEQ and its oversight body, the Environmental Quality Commission, has divided the state into water quality basins.  Five such basins along the Oregon coast include marine and estuarine waters as well as fresh. “Marine waters” are defined by DEQ rules to mean “all oceanic, offshore waters outside the estuaries or bays and within the territorial limits” of the state. DEQ is also involved in reviewing dredge and fill permits for certification of water quality under Section 401 of the Clean Water Act. DEQ and the ODFW are jointly designated as trustee under state and federal law (CERCLA) to assess and recover compensation for environmental damages from oil spills, water pollution, etc.

c. Oregon Department of Fish and Wildlife (ODFW)

The Department of Fish and Wildlife has broad authority to develop protection programs for fish and wildlife and enforce fish and wildlife laws. The Fish and Wildlife Commission, ODFW’s oversight policy body, has adopted harvest regulations for intertidal animals, fish, and shellfish, including sea urchins. ODFW also has responsibilities for protecting marine mammals, including threatened or endangered species, and sea birds. ODFW provides an increasingly important role as the state’s “marine biological consultant” to other agencies and the Governor on ocean-related programs such as kelp leasing, dredge-material disposal, marine mineral exploration, and ocean discharge of wastes. ODFW and the DEQ are jointly designated as trustee under state and federal law (CERCLA) to assess and recover compensation for environmental damages from oil spills, water pollution, etc.

d. Oregon Department of Geology and Mineral Industries (DOGAMI)

The Department of Geology and Mineral Industries has three primary interests in territorial-sea management. One is regulatory authority over such operations as exploring for and extracting oil, gas, or geothermal resources in the territorial sea and coastal zone and hard minerals, such as sand and gravel, on upland sites. Another is advising the Division of State Lands when that agency issues permits for exploratory geological, geophysical, and seismic surveys in the territorial sea. A third is related to understanding and mitigating for geologic hazards and processes. DOGMI undertakes coastal-hazard assessments and studies for both chronic and catastrophic hazards and conducts programs aimed at reducing loss of life and property.

e. Department of Land Conservation and Development (DLCD)

The DLCD is designated by statute as the state’s Coastal Zone Management Agency for federal coastal management purposes, provides staff support to the Ocean Policy Advisory Council, and administers the state’s land-use program, including Statewide Planning Goal 19, Ocean Resources, and the other 18 statewide goals. DLCD has no direct regulatory authority for ocean resources but, through state-agency coordination requirements and through federal consistency requirements, is the coordinator among all coastal resource agencies to make sure their actions and programs are coordinated with each other, local governments, and the Oregon Coastal Management Program.

f. Oregon Parks and Recreation Department (OPRD)

The Oregon Parks and Recreation Department has several management interests in the Territorial Sea. The ocean beach law designates all of Oregon’s “ocean shore” as a state recreation area to be managed by OPRD. OPRD has regulatory authority over improvements such as sea walls, rip-rap, pipeline and cable crossings, and other construction within the area from the statutory vegetation (beach zone) line seaward to Extreme Low Tide. Within this “ocean shore,” PRD has concurrent jurisdiction with the DSL over submerged and submersible lands seaward of Mean High Water (the so-called “wet sands”). OPRD owns and manages many state parks on the upland adjacent to rocky-shore sites that provide access to rocky shores.

g. Oregon Division of State Lands (DSL)

The Division is the administrative arm of the State Land Board (composed of the Governor, Secretary of State, and Treasurer) which manages the assets (land and money) of the Common School fund and which holds in trust for the people of Oregon all lands under tidal and navigable waters, including rocky intertidal areas and submerged rocks and reefs in the state’s Territorial Sea. In these areas the Division has authority over removal and fill; kelp or seaweed harvest; shellfish harvest (except oysters); geological, geophysical, and seismic surveys;, oil, gas, and mineral leasing; and easements or other rights-of-entry for various uses.

h. Oregon State Marine Board

The Marine Board has authority to regulate boating activities in state waters, including the Territorial Sea. The Marine Board, through boater education and publications, can assist in education and awareness of wildlife resources affected by boating activity.

2. Federal Agencies

NOTE: The following descriptions of agency programs and authorities are limited to those that relate to ocean or coastal resources. These descriptions are necessarily brief and do not purport to be comprehensive.

a. United States Army Corps of Engineers (USACOE)

The Corps is responsible for building and maintaining coastal navigational projects, including jetties, navigation channels, and navigational structures under the Rivers and Harbors Act (33 USC 401 – 709b and 2201 – 2329). Material dredged from coastal ports is frequently disposed in ocean waters at sites designated by the Environmental Protection Agency (EPA). Placement of dredged materials at these ocean sites is regulated under sections 102 and 103 of the Marine Protection, Research, and Sanctuaries Act (MPRSA) administered by the EPA or the Corps under section 404 of the Clean Water Act (CWA). The Corps also has permit authority over work performed by others in navigable waters under section 10 of the Rivers and Harbors Act, Section 404 of the CWA, and section 103 of the MPRSA.

b. Federal Bureau of Land Management (BLM)

The BLM (within the U.S. Department of the Interior) owns and administers, on behalf of the public, several sites that include or are adjacent to ocean shore areas. These are Yaquina Head Outstanding Natural Area near Newport, the Coos Head (Cape Gregory) Lighthouse Reserve and Squaw Island near Coos Bay, New River Area of Critical Environmental Concern near Langlois, Cape Blanco Lighthouse Reserve, North Sisters Rock south of Port Orford, and Zwagg Island at Brookings.

c. The United States Coast Guard (USCG)

The US Coast Guard has several lines of authority and program activities that relate to Oregon’s territorial sea. The USCG (1) is the lead agency for oil-spill response and cleanup and is the on- scene coordinator for planning and response; (2) maintains search-and-rescue stations, including air stations at Warrenton (Astoria) and North Bend (Coos Bay); (3) has authority over buoys and markers to regulate vessel operations. The USCG has a program of routine Marine Environmental Patrols along the ocean shore to locate and ensure safe removal of any hazardous materials or debris that may be washed ashore.

d. The United States Environmental Protection Agency (USEPA)

The EPA is responsible for protecting marine water quality under several federal laws. The EPA and Oregon Department of Environmental Quality have entered into an agreement whereby the DEQ regulates all point-source (e.g. flowing from a structure such as a pipe) discharges into rivers, estuaries, and marine waters through the National Pollutant Discharge Elimination System (NPDES). EPA is also charged with carrying out the Marine Protection, Research, and Sanctuaries Act of 1972 (also known as the Ocean Dumping Act), the Marine Plastics Pollution Research and Control Act of 1987, and the National Marine Pollution Program. The EPA also administers the Clean Air Act of 1977.

e. U.S. Fish and Wildlife Service (USFWS)

The USFWS (within the U.S. Department of the Interior) administers three National Wildlife Refuges (NWR) in Oregon’s Territorial Sea: the Oregon Islands NWR, Cape Meares NWR, and Three Arch Rocks NWR. USFWS jurisdiction includes approximately 1,400 rocks and islands above state jurisdiction (Mean High Water), the so-called “dry” portion of the rocks and islands. In addition, USFWS co-administers the federal Endangered Species Act and administers several other federal laws related to marine wildlife and seabirds.

f. U.S. Forest Service (USFS)

The Forest Service, an agency of the U.S. Department of Agriculture, operates the Cape Perpetua Visitors Center. Linked to the visitor center are access trails, interpretive facilities, and visitor information programs related to the rocky intertidal areas adjacent to lands of the Siuslaw National Forest.

g. Bureau of Ocean Energy Management (BOEM) formerly the Minerals Management Service (MMS)

The Bureau of Ocean Energy is housed in the Department of the Interior. It has two functions of potential interest in Oregon’s territorial sea. One is locating and mapping the coastal baseline from which the state’s three-mile seaward boundary is drawn for purposes of offshore oil and gas leasing. The other is preparing and carrying out a program of oil and gas lease sales in federal waters of the Outer Continental Shelf and offering leases for marine mineral exploration and development in federal waters.

h. National Marine Fisheries Service (NMFS)

The National Marine Fisheries Service, a branch of the National Oceanic and Atmospheric Administration (NOAA) within the US Department of Commerce, has three interests in Oregon’s Territorial Sea. First, NMFS administers the Marine Mammal Protection Act that protects all seals, sea lions, whales, and other marine mammals that use Oregon’s ocean area. Second, NMFS co-administers the federal Endangered Species Act under which the Steller sea lion, which breeds on the Oregon coast, is protected. Third, NMFS regulates certain ocean fisheries under the Magnuson Marine Fisheries Conservation Act with consequent indirect effect on fishing activity in Oregon’s territorial sea.

i. National Ocean Service, Office of Ocean and Coastal Resources Management (OCRM)

OCRM, a relatively small agency in NOAA, administers the federal Coastal Zone Management Act (CZMA) of 1972, as subsequently amended. OCRM administers essential federal funds to state coastal management programs through both regular grants and special program enhancement grants. Oregon has made use of both grant programs to fund development of the Territorial Sea Management Plan. OCRM has responsibility within NOAA and the Department of Commerce for reviewing and approving state coastal management programs and subsequent amendments under the federal CZMA, and also administers the National Marine Sanctuary Program and National Estuarine Research Reserve Program.

3. Local Governments

a. Cities Thirteen cities border Oregon’s territorial sea. While coastal cities have very limited jurisdiction or authority over ocean shore resources or areas, they may play a role in protecting and managing rocky shore areas and resources through policies and decisions about land use on adjacent uplands.

b. Counties Seven Oregon counties border the Pacific Ocean: Notwithstanding the fact that county boundaries and jurisdiction extend westward to the limit of state waters, Oregon law [ORS 201.370(2)] specifically delegates the planning function for the Territorial Sea to the Ocean Policy Advisory Council and the Territorial Sea Plan. Like coastal cities, coastal counties can play a part in the management of some rocky shore sites; local land-use plans and ordinances can be used to implement protections.

The Oregon Ocean Policy Advisory Council (OPAC) is required by law to consult with local governments on ocean developments. These mandatory provisions are included in Part Two, Making Resource Use Decisions of the Territorial Sea Plan.

c. Coastal Port Districts Fifteen port districts on the Oregon coast are governmental entities with direct interests in the economy of the coast and, therefore, can play a key role in promoting development of Oregon’s ocean resources that is both economically and environmentally sound. Under Oregon law, the port districts do not directly hold land use planning responsibilities like those of counties or cities.

UNIT TWO: Management of Protected Marine Species

Illustration of ESA listing process, courtesy of USFWS

Endangered Species Act of 1973 (ESA): 

All available ESA Guidances: https://www.fisheries.noaa.gov/national/endangered-species-conservation/endangered-species-act-guidance-policies-and-regulations

NOAA/USFWS Policy Guidance concerning “Significant Portion of its Range” (SPR), June 27, 2014, available at

https://www.federalregister.gov/documents/2014/07/01/2014-15216/final-policy-on-interpretation-of-the-phrase-significant-portion-of-its-range-in-the-endangered

The SPR policy came into effect July 1, 2014 upon publication in the Federal Register (79 FR 37577) https://www.federalregister.gov/documents/2014/07/01/2014-15216/final-policy-on-interpretation-of-the-phrase-significant-portion-of-its-range-in-the-endangered

The revised critical habitat designation rule came into effect February 11, 2016, upon publication in the Federal Register (81 FR 7413)

https://www.federalregister.gov/documents/2016/02/11/2016-02680/listing-endangered-and-threatened-species-and-designating-critical-habitat-implementing-changes-to

Foley C.M., Lynch M.A., Thorne, L.H., Lynch H.J. 2017.  Listing Foreign Species Under the Endangered Species Act:  A Primer for Conservation Biologists.  67 BioScience 627-673 (doi:10.1093/biosci/bix027)

 

Marine Mammal Protection Act of 1973 (MMPA):

Marine mammals include cetaceans (whales, dolphins, porpoises) and pinnipeds (seals, sea lions, managed by NOAA/NMFS) as well as walrus, polar bears, otter, manatee, and dugong that are managed by USFWS. NOAA manages 119 species of marine mammals worldwide (not just in the United States alone).  The USFWS manages eight species worldwide.

Information on conservation management practices, and the status of specific marine mammal species can be found information about each species, contained in this NOAA locationhttp://www.nmfs.noaa.gov/pr/species/mammals/.

MMPA:  the full text of the law is available

The Regulations for the MMPA (50 CFR 216):  http://www.nmfs.noaa.gov/pr/pdfs/laws/mmpa_regs_216.pdf

The site maintained by the USFWS is useful because of the shared administration between the two agencies (USFWS and NOAA):

https://www.fws.gov/international/laws-treaties-agreements/us-conservation-laws/marine-mammal-protection-act.html.

NOAA Fisheries latest MMPA information (note the tab containing a glossary of terms):  https://www.fisheries.noaa.gov/topic/laws-policies#marine-mammal-protection-act

MMPA Incidental Take Authorizations:  https://www.fisheries.noaa.gov/node/23111

More on Pritzker case:  credit http://elawreview.org/case-summaries/natural-resources-defense-council-inc-v-pritzker-828-f-3d-1125-9th-cir-2016/

UNIT THREE: Management of Specially Designated Areas

McLeod KL and Leslie HM, “Ways Forward,” in Ecosystem-Based Management for the Oceans, at p. 347 (Island Press, 2009).

For a more in-depth look at EBM in the marine context, browse the resources available at NOAAhttp://ecosystems.noaa.gov/EBM101/WhatisEcosystem-BasedManagement.aspx.

Long RD, Charles A, Stephenson RL (2015) Key Principles of Marine Ecosystem-Based Management, 57 Marine Policy, (July 2015) 53-60

https://www.sciencedirect.com/science/article/pii/S0308597X1500024X

NOAA Ecosystem-Based Management, http://ecosystems.noaa.gov/EBM101/WhatisEcosystem-BasedManagement.aspx

NOAA IEA program:  Preview EBM Fisheries management through IEA here:  https://www.fisheries.noaa.gov/insight/ecosystem-based-fisheries-management

NOAA Fisheries EBM Policy, and EBM Roadmap (document links on right column)

NOAA Office of Science and Technology  (highly recommended)

https://www.st.nmfs.noaa.gov/ecosystems/ebfm/creating-an-ebfm-management-policy

(Navigate to site, then scroll down)

https://www.fisheries.noaa.gov/topic/laws-policies#endangered-species-act

NOAA Office of Coastal Management, National Estuarine Research Reserves System,

https://coast.noaa.gov/nerrs/

More on United States Marine Protected Areas (MPAs)

https://marineprotectedareas.noaa.gov/aboutmpas/

Day JC (2017), Effective Public Participation is Fundamental for Marine Conservation—Lessons from a Large-Scale MPA, 45:6 Coastal Management 470-486, DOI:  10.1080/08920753.2017.1373452.

Green AL, Fernandes L, Almany G, Abesamis R, McLeod E, Aliño, White AT, Salm R, Tanzer J, Ressey RL (2014) Designing Marine Reserves for Fisheries Management, Biodiversity Conservation, and Climate Change Adaptation, 42:2 Coastal Management 143-159, DOI:  10.1080/08920753.2014.877763.

Kelleher, G. 1999. Guidelines for Marine Protected Areas. IUCN, Gland, Switzerland and Cambridge, UK. xxiv +107pp.  https://portals.iucn.org/library/sites/library/files/documents/PAG-003.pdf

Fautin D., Dalton P., Incze L.S., Leong J.C., Pautzke C., Rosenberg A., Sandifer P., Sedberry G., Tunnell Jr. J.W., Abbott I., Brainard R.E., Brodeur M., Eldredge L.G., Feldman M., Moretzsohn F., Vroom P.S., Wainstein M., Wolff N. (2010) An Overview of Marine Biodiversity in the United States Waters, 5:8 PLoSOne, August 2010 (Creative Commons License; http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0011914

NOAA, Digital Maps of World Large Marine Ecosystems (LME):

http://lme.edc.uri.edu/index.php/digital-maps

For details on the application of the five LME assessment modules, see NOAA 2018:

http://lme.edc.uri.edu/index.php?option=com_content&view=category&layout=blog&id=15&Itemid=113

Antiquities Act (1906): Authorizes the President to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with proper care and management of the objects to be protected. Also permits for the examination of ruins, the excavation of archaeological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may be granted by the Secretaries of the Interior and Agriculture to institutions which they may deem properly qualified to conduct such examination, excavation, or gathering, subject to such rules and regulation as they may prescribe.

 

Coastal Zone Management Act (1972): A federal authority that establishes the Coastal Zone Management Program and the National Estuarine Research Reserves System, providing a framework for balanced decision-making.

 

Endangered Species Act (1973): The National Marine Fisheries Service and U.S. Fish and Wildlife Service decide whether to list species as threatened or endangered. Federal agencies must avoid jeopardy to and aid the recovery of listed species. Similar responsibilities apply to non-federal entities.

 

Fish And Wildlife Coordination Act (1934): Provides the basic authority for the U.S. Fish and Wildlife Service’s involvement in evaluating impacts to fish and wildlife from proposed water resource development projects. It requires that fish and wildlife resources receive equal consideration to other project features. It also requires that federal agencies that construct, license, or permit water resource development projects must first consult with the Fish and Wildlife Service (and the National Marine Fisheries Service in some instances) and state fish and wildlife agencies regarding the impacts on fish and wildlife resources and measures to mitigate these impacts.

 

Magnuson-Stevens Fishery Conservation and Management Act (1976; amended 2006): Calls for assessment and consideration of ecological, economic, and social impacts of fishing regulations on fishery participants and fishing communities in marine fishery management plans.

 

Marine Mammal Protection Act (1972): Established to protect and manage marine mammals and their products (e.g., the use of hides and meat). The primary authority for implementing the act belongs to the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. The Act prohibits the “take” of marine mammals, which is defined as “to harass, hunt, capture or kill, or attempt to harass, hunt, capture or kill any marine mammal.” The term “harassment” is further defined as “any act of pursuit, torment or annoyance which has the potential to injure a marine mammal or marine mammal stock in the wild or has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering.”

National Marine Sanctuaries Act (1972): Authorizes the Secretary of Commerce to designate and manage areas of the marine environment with special national significance due to their conservation, recreational, ecological, historical, scientific, cultural, archeological, educational, or esthetic qualities as National Marine Sanctuaries. The primary objective of this law is to protect marine resources, such as coral reefs, sunken historical vessels, or unique habitats. The Act also directs the Secretary to facilitate all public and private uses of those resources that are compatible with the primary objective of resource protection. Sanctuaries are managed according to site-specific management plans prepared by the National Oceanic and Atmospheric Administration’s (NOAA) National Marine Sanctuary Program.

National Park Service Organic Act (1916): Established to promote and regulate the use of the federal areas known as national parks, monuments, and reservations hereinafter specified….”to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment for the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.”

National Historic Preservation Act (1966): Congress made the federal government a full partner and a leader in historic preservation: to “provide leadership” for preservation, “contribute to” and “give maximum encouragement” to preservation, and “foster conditions under which our modern society and our prehistoric and historic resources can exist in productive harmony.”

National Wildlife Refuge System Administration Act (1966): Provides for the administration and management of the national wildlife refuge system, including wildlife refuges, areas for the protection and conservation of fish and wildlife threatened with extinction, wildlife ranges, game ranges, wildlife management areas and waterfowl production areas.

Wilderness Act (1964): Set aside certain federal lands as wilderness areas. These areas, generally 5,000 acres or larger, are wild lands largely in their natural state. The act says that they are areas “…where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain.” Four federal agencies of the United States government administer the National Wilderness Preservation System: the Bureau of Land Management, the U.S. Fish and Wildlife Service, the U.S. Forest Service, and the National Park Service.

Federal legislation relevant to creation of US Marine Protected Areas (note that many coastal states have passed their own ocean bills providing for MPAs and/or engaging in EBM-informed zoning or marine spatial planning in state waters; for example see Massachusetts, Rhode Island, Oregon, Washington, and California).  Adapted from NOAA (https://marineprotectedareas.noaa.gov/aboutmpas/programs/federallegislation/

UNIT FOUR: Our Fisheries

NOAA, Fisheries Management in the United States

https://www.fisheries.noaa.gov/insight/fisheries-management-united-states

NOAA 2016 Stock Status Report to Congress, https://www.fisheries.noaa.gov/feature-story/status-stocks-2016

NOAA/NMFS’ resources dedicated to the Magnuson-Stevens Act are located on this site:

https://www.fisheries.noaa.gov/topic/laws-policies

Congressional Reauthorization Developments, Magnuson-Stevens Act https://www.westcoast.fisheries.noaa.gov/whatwedo/msa/magnuson_stevens_act.html (scroll down for recent hearings).

The PEW Charitable Trusts Report (2013), The Law That’s Saving American Fisheries

http://www.pewtrusts.org/en/research-and-analysis/reports/2013/05/06/the-law-thats-saving-american-fisheries-the-magnusonstevens-fishery-conservation-and-management-act

Natural Resources Defense Council Report (2013), Bringing Back the Fish (Sewell et al. 2013)

https://www.nrdc.org/sites/default/files/rebuilding-fisheries-report.pdf

Natural Resources Defense Council Fact Sheet (January 9, 2018), How the Magnuson-Stevens Act is Helping Rebuild US Fisheries (Masterson M and Adams A), https://www.nrdc.org/issues/stop-overfishing-and-restore-fisheries

Warlick A, Steiner E, Guldin M (2018), History of the West Coast Groundfish Trawl Fishery:  Tracking Socioeconomic Characteristics Across Different Management Policies in a Multispecies Fishery, 93 Marine Policy 9-21.

NOAA Fisheries provides three regular reports.

Status of Stocks is an annual report to Congress on the status of U.S. fisheries and is required by the Magnuson- Stevens Fishery Conservation and Management Act. This report, which is published each spring, summarizes the number of stocks on the over shed, overfishing, and rebuilt lists for U.S. federally managed sh stocks and stock complexes. The report also shows trends over time, discusses the value and contributions of our partners, and highlights how management actions taken by NOAA Fisheries have improved the status of U.S. federally managed stocks. For example, the 2015 report shows the number of stocks listed as subject to over fishing or over shed remains near an all-time low. https://www.fisheries.noaa.gov/feature-story/status-stocks-2016

Fisheries of the United States, published each fall, has been produced in its various forms for more than 100 years. It is the NOAA Fisheries yearbook of shery statistics for the United States. It provides a snapshot of data, primarily at the national level, on U.S. recreational catch and commercial sheries landings and value. In addition, data are reported on U.S. aquaculture production, the U.S. seafood processing industry, imports and exports of shery-related products, and domestic supply and per capita consumption of shery products. The focus is not on economic analysis, although value of landings, processed products, and foreign trade are included.

https://www.fisheries.noaa.gov/national/commercial-fishing/fisheries-united-states

Fisheries Economics of the United States, published each fall, provides a detailed look at the economic performance of commercial and recreational fisheries and other marine-related sectors on a state, regional, and national basis. The economic impact of commercial and recreational fishing activities in the U.S. is also reported in terms of employment, sales, and value-added impacts. The report provides management highlights for each region that include a summary of stock status, updates on catch share programs, and other selected management issues. Economic performance indicators for catch share programs and non-catch share sheries are reported. https://www.fisheries.noaa.gov/national/commercial-fishing/fisheries-economics-united-states

UNIT FIVE: Regulating Ocean Impacts

Bycatch Resources

Benaka LR, Bullock D, Davis J, Seney EE, Winarsoo H (2016), NOAA Fisheries Report:  US National Bycatch Report First Edition Update 2 (February 2016; Covering 2011-2013)

https://www.st.nmfs.noaa.gov/Assets/Observer-Program/bycatch-report-update-2/NBR%20First%20Edition%20Update%202_Final.pdf

Davies RWD, Cripps SJ, Nickson A, Porter G (2009), Defining and Estimating Global Marine Fisheries Bycatch, 33 Marine Policy pp. 661-672

United Nations Food and Agriculture Organization (FAO), Estimates of Global Fishery Bycatch and Discards, http://www.fao.org/docrep/003/t4890e/T4890E02.htm

Pelc RA, Max LM, Norden W, Roberts S, Silverstein R, Wilding SR, 2015.  Further Action on Bycatch Could Boost United States Fisheries Performance, 56 Marine Policy pp. 56-60.

Resources on the species and locations of highest concern for bycatch and the efforts of World Wildlife Fund: http://wwf.panda.org/about_our_earth/blue_planet/problems/bycatch222/bycatch_victims/

Moore JE, Wallace BP, Lewison RL, Zˇydelis R, Cox TM, Crowder LB, 2009.  A Review of Marine Mammal, Sea Turtle and Seabird Bycatch in USA Fisheries and the Role of Policy in Shaping Management, 33 Marine Policy pp. 435-451.

Global Fishing Watch, project mapping global fishing effort over time, including illegal fishing over 1.4 billion miles of ocean:      https://environment.google/projects/fishing-watch/

Kroodsma DA, Mayorga J, Hochberg T, Miller NA, Boerder K, Ferretti F, Wilson A, Bergman B, White TD, Block BA, Woods P, Sullivan B, Costello C, Worm B, Tracking the Global Footprint of Fisheries, 359:6378 Science, pp. 904-908, 23 February 2018, DOI:  10.1126/science.aao5646

Marine Debris Resources

National Research Council, Committee on the Effectiveness of International and National Measures to Prevent and Reduce Marine Debris and Its Impacts, Ocean Studies Board, Division ofn Earth and Life Studies, Tackling Marine Debris in the 21st Century, 2009, National Academy of Sciences.  Available to read online or download at no charge, https://www.nap.edu/catalog/12486/tackling-marine-debris-in-the-21st-century

Benscosme M., Keller M, Ortiz E, NBC News, March 10, 2018, Ghost Gear Clogging World’s Oceans is Having ‘Catastrophic’ Effect, Report Says, https://www.nbcnews.com/science/environment/ghost-gear-clogging-world-s-oceans-having-catastrophic-effect-report-n855321  Citing:   World Animal Protection Report, Ghosts Beneath the Waves:  Ghost Gear’s Catastrophic Impact on Our Oceans, and the Urgent Action Needed from Industry, https://www.worldanimalprotection.us.org/sites/default/files/us_files/ghosts_beneath_the_waves.pdf,

London, http://www.worldanimalprotection.org, 2018

Willis K, Hardesty BD, Kriwoken L, Wilcox C (2017), Differentiating Littering, Urban Runoff and Marine Transport as Sources of Marine Debris in Coastal and Estuarine Environments, Nature Scientific Reports,

https://www.nature.com/articles/srep44479

Keep an eye on these two citizen-driven, highly original, provocative, and entrepreneurial efforts to raise awareness of plastic pollution, and to actually confront it:  The Washed Ashore Project, https://washedashore.org

The Ocean Cleanup Project: https://www.theoceancleanup.com

and its founder, Boylan Slat: https://youtu.be/du5d5PUrH0I

Other Pollution Resources

Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast (RESTORE) Act (established trust fund from 80% of Deepwater Horizon spill to support Gulf restoration). Subtitle F of Public Law 112-141 (2012), available:  https://www.treasury.gov/services/restore-act/Pages/home.aspx

In re Oil Spill by the Oil Rig ‘Deepwater Horizon,’ 841 F. Supp. 2d 988, 1003 (E.D. La. 2012),

https://www.leagle.com/decision/infdco20120127i67

Venn-Watson S, Colegrove KM, Litz J, Kinsel M, Terio K, et al. (2015) Adrenal Gland and Lung Lesions in Gulf of Mexico Common Bottlenose Dolphins (Tursiops truncatus) Found Dead following the Deepwater Horizon Oil Spill. PLOS ONE 10(5): e0126538. https://doi.org/10.1371/journal.pone.0126538

See also international provisions with regard to pollution and State responsibilities in the UNCLOS materials in Unit Six Resources.

Ocean Acidification

To learn more, investigate Chapter 4, Effects of Ocean Acidification on Marine Ecosystems, from the National Academy of Sciences book, Ocean Acidification: A National Strategy to Meet the Challenges of a Changing Ocean (2010).

Kelly RP, Caldwell MR (2013), Ten Ways States Can Combat Ocean Acidification (and Why They Should), 37 Harvard Environmental Law Review 57.

Kelly RP, Cooley SR, Klinger T (2013), Narratives Can Motivate Environmental Action:  The Whiskey Creek Ocean Acidification Story, Ambio, Royal Swedish Academy of Sciences, DOI 10.1007/s13280-013-0442-2.

Kelly RP (2017), Ocean Acidification Policy:  Applying the Lessons of Washington to California and Beyond, 7 Washington Journal of Environmental Law and Policy 1 (June 2017).

Washington Department of Ecology, Ocean Acidification

https://ecology.wa.gov/About-us/Our-role-in-the-community/Partnerships-committees/Ocean-acidification-Blue-Ribbon-panel

Copeland C (2016), Clean Water Act:  A Summary of the Law, Congressional Research Service (CRS) October 18, 2016, https://fas.org/sgp/crs/misc/RL30030.pdf

Craig RK (2015), Dealing with Ocean Acidification:  The Problem, The Clean Water Act, and State and Regional Approaches, 90 Washington Law Review 1583.

Statutory Authorities Dealing with Marine Pollution

1. The Clean Water Act of 1972 (CWA, 33 USC §§ 1251 – 1388)

Mission: to restore and maintain the chemical, physical and biological integrity of our nation’s waters (33 USC §1251(a)); prohibits discharge of any pollutant (33 USC §1311(a)).

Jurisdiction: navigable waters of the United States (historically, “contiguous zone,” zone 3-12 miles offshore, because Congress never amended the Act after creation of 200 mile EEZ;

however, the US asserts federal jurisdiction to control point source pollution throughout its EEZ.

Relevant Section(s):

§302  Water Quality Based Effluent Standards; applies inland and out to three miles

§303 States set water quality standards for their waters under a Total Maximum Daily Load (TMDL) approach; applies inland and out to three miles

§312 ballast water, sewage from armed forces vessels

§318 Certain types of aquaculture projects

§319 Nonpoint source pollution (inland and out to three miles; managed with NOAA)

§402-403 NPDES; EPA holds permitting authority 3-200 miles in states with delegated National Pollution Discharge Elimination System (NPDES) permit programs that regulate point sources.

NOTE: The EPA allows states and tribal authorities to assume NPDES program permitting authority. States’ jurisdiction stops, however, at three miles offshore.

§404 prohibits diking, draining, dumping without a permit, protects wetlands

(exemptions include normal silviculture and farming activities); §404 applies to state waters (out to three miles)

Vessels and floating platforms are included in the definition of point sources, governed by the National Pollution Discharge Elimination System (NPDES)

See also: NPDES Ocean Discharge Criteria (1980) (33 USC §1343; Regs: 40 CFR §§ 125.120 – 125.124) Useful passages include: c) Guidelines for determining degradation of waters.

See also the BEACH Act (The Beaches Environmental Assessment and Coast Health Act), which provides money to coastal states to monitor their waters for disease bearing organisms.

Responsible: EPA, US Army Corps of Engineers (USACE), NOAA

Available: https://www.law.cornell.edu/uscode/text/33/chapter-26

2. The Oil Pollution Act of 1990 (OPA, 33 USC §§ 2701 – 2762)

Mission: prohibits any discharge of oil (intentional or unintentional) including spills, leaks, pumping, pouring, emitting, emptying or dumping of oil

Jurisdiction: navigable waters of the United States and the territorial sea

Relevant Section(s): §10, often used with §404 CWA

Responsible: Bureau of Ocean Energy Management (BOEM, formerly the Minerals Management Service) within the US Department of the Interior

Available: https://www.boem.gov/uploadedFiles/BOEM/Oil_and_Gas_Energy_Program/Leasing/Regional_Leasing/Gulf_of_Mexico_Region/OSFR/OPA-90.pdf

And amendments

https://www.boem.gov/uploadedFiles/BOEM/Oil_and_Gas_Energy_Program/Leasing/Regional_Leasing/Gulf_of_Mexico_Region/OSFR/opa_amd.pdf

3. The Refuse Act/Rivers and Harbors Act of 1899 (33 USC § 403 et seq.)

United States Army Corps of Engineers (USACE)

Available: http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2734&context=dlj

4. The United Nations Convention on the Law of the Sea of 1982 (UNCLOS)

Available:  http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf

Mission:  international convention on conservation and living and nonliving resource use by nations;

articles listed are relevant to marine debris pollution

Jurisdiction:  national and international waters

Relevant Sections:  Articles 1, 192, 194, 197, 207, 210, 211, 216, 217, 218.

5. (MDRPRA, 33 USC § 1951 et seq.)

Available:  https://coast.noaa.gov/data/Documents/OceanLawSearch/MarineDebrisResearchPreventionandReductionAct.pdf

Mission:  establishes marine debris prevention and removal program within NOAA, directs US Coast Guard (USCG) to improve MARPOL Annex V implementation, authorizes a national data clearinghouse, and related activities (administrative Act)

–—Numbers 6 and 7 below both implement international treaties, and are coordinated with the United States’ Clean Water Act (CWA).

6. The Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA, also known as the Ocean Dumping Act, 33 USC Ch. 27 § 1401 – 1445)

[implements The London Convention of 1972, modified by the London Protocol 1996, see: http://www.imo.org/en/OurWork/Environment/LCLP/Pages/default.aspx (also called the Ocean Dumping Act)]

Mission: Prohibits dumping in ocean waters of any material transported from the US or on a US vessel or aircraft, without a permit

Jurisdiction: waters beyond the three mile zone (includes incineration, medical waste; excludes sewage; “material” defined at 33 USC §1402(c)

Relevant Section(s): §1412, Permits; Annex V (1987; regulates garbage pollution generated onboard ships or floating platforms; exceptions include unintended loss of fishing nets)

Responsible: EPA, USACE

Available: https://www.gpo.gov/fdsys/pkg/USCODE-2014-title33/pdf/USCODE-2014-title33-chap27.pdf

Or https://www.law.cornell.edu/uscode/text/33/chapter-27/subchapter-I

7. The Act to Prevent Pollution from Ships, amended by the Marine Plastic Pollution Research and Control Act of 1987 (MPPRCA; 33 USC § 1901 et seq.) [implements MARPOL Annex V];
Mission: to reduce pollution from ships (except dumping of waste)

Jurisdiction: In the US, all US flagged ships in US waters, in US ports or vessel terminals, or in foreign waters

Relevant Section(s): §101(a) requiring permits

Responsible: USEPA, USCG, USACE

Available: https://www.law.cornell.edu/uscode/text/33/chapter-33

MARPOL: http://www.imo.org/en/About/Conventions/ListOfConventions/Pages/International-Convention-for-the-Prevention-of-Pollution-from-Ships-(MARPOL).aspx.

UNIT SIX: Introduction to International Fisheries Management

The Pelly Amendment, Section 8 of the Fishermen’s Protective Act,

https://www.fws.gov/international/laws-treaties-agreements/us-conservation-laws/pelly-amendment.html

The Lacey Act, https://www.fws.gov/international/laws-treaties-agreements/us-conservation-laws/lacey-act.html

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),

https://www.fws.gov/international/cites/what-is-cites.html

Tsamenyi M, Manarangi-Trott L, Rajkumar S (2003), The International Legal Regime for Fisheries Management

https://unep.ch/etu/Fisheries%20Meeting/submittedPapers/MartinTsamenyiLaraManarangiTrottShilpaRajkumar.pdf

United Nations Atlas of the Oceans, The Food and Agriculture Organization (FAO) Code of Conduct for Responsible Fisheries (1995)

http://www.oceansatlas.org/subtopic/en/c/1415/

PEW Charitable Trusts materials on international fisheries sustainability and global goals,

http://www.pewtrusts.org/en/research-and-analysis/fact-sheets/2012/02/23/faq-what-is-a-regional-fishery-management-organization

Regional Fisheries Management Organizations (RFMOs)

https://ec.europa.eu/fisheries/cfp/international/rfmo_en

World Bank and FAO, The Sunken Billions Revisited:  The Economic Justification for Fisheries Reform (2017), https://openknowledge.worldbank.org/bitstream/handle/10986/24056/9781464809194.pdf?sequence=8&isAllowed=y

United Nations Annual Report, The State of World Fisheries and Aquaculture

http://www.fao.org/fishery/sofia/en

Guteirrez NL, Defeo O, Bush SR, Butterworth DS, Roheim CA, Punt AE (2016), The Current Situation and Prospects of Fisheries Certification and Ecolabeling, 182 Fisheries Research pp. 1-6.

Relevant Provisions of the United Nations Convention on the Law of the Sea (UNCLOS)

Part V, EEZ                                                                   Articles 61 – 68

Part VII The High Seas

Conservation and Management                                    Articles 116-120

Environmental Protection including Pollution             Articles 207-212

Enforcement                                                                 Articles 213-222

 

Excerpts of Part VI, The Exclusive Economic Zone (EEZ) (Articles 61-68)

Article 61 Conservation of the living resources

  1. The coastal State shall determine the allowable catch of the living resources in its exclusive economic zone.
  2. The coastal State, taking into account the best scientific evidence available to it, shall ensure through proper conservation and management measures that the maintenance of the living resources in the exclusive economic zone is not endangered by over-exploitation. As appropriate, the coastal State and competent international organizations, whether subregional, regional or global, shall cooperate to this end.
  3. Such measures shall also be designed to maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors, including the economic needs of coastal fishing communities and the special requirements of developing States, and taking into account fishing patterns, the interdependence of stocks and any generally recommended international minimum standards, whether subregional, regional or global.
  4. In taking such measures the coastal State shall take into consideration the effects on species associated with or dependent upon harvested species with a view to maintaining or restoring populations of such associated or dependent species above levels at which their reproduction may become seriously threatened.
  5. Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks shall be contributed and exchanged on a regular basis through competent international organizations, whether subregional, regional or global, where appropriate and with participation by all States concerned, including States whose nationals are allowed to fish in the exclusive economic zone.

Article 62 Utilization of the living resources

  1. The coastal State shall promote the objective of optimum utilization of the living resources in the exclusive economic zone without prejudice to article 61.
  2. The coastal State shall determine its capacity to harvest the living resources of the exclusive economic zone. Where the coastal State does not have the capacity to harvest the entire allowable catch, it shall, through agreements or other arrangements and pursuant to the terms, conditions, laws and regulations referred to in paragraph 4, give other States access to the surplus of the allowable catch, having particular regard to the provisions of articles 69 and 70, especially in relation to the developing States mentioned therein.
  3. In giving access to other States to its exclusive economic zone under this article, the coastal State shall take into account all relevant factors, including, inter alia, the significance of the living resources of the area to the economy of the coastal State concerned and its other national interests, the provisions of articles 69 and 70, the requirements of developing States in the subregion or region in harvesting part of the surplus and the need to minimize economic dislocation in States whose nationals have habitually fished in the zone or which have made substantial efforts in research and identification of stocks.
  4. Nationals of other States fishing in the exclusive economic zone shall comply with the conservation measures and with the other terms and conditions established in the laws and regulations of the coastal State. These laws and regulations shall be consistent with this Convention and may relate, inter alia, to the following:
    • (a)  licensing of fishermen, fishing vessels and equipment, including payment of fees and other forms of remuneration, which, in the case of developing coastal States, may consist of adequate compensation in the field of financing, equipment and technology relating to the fishing industry;
    • (b)  determining the species which may be caught, and fixing quotas of catch, whether in relation to particular stocks or groups of stocks or catch per vessel over a period of time or to the catch by nationals of any State during a specified period;
    • (c)  regulating seasons and areas of fishing, the types, sizes and amount of gear, and the types, sizes and number of fishing vessels that may be used;
    • (d)  fixing the age and size of fish and other species that may be caught;
    • (e)  specifying information required of fishing vessels, including catch and effort statistics and vessel position reports;
    • (f)  requiring, under the authorization and control of the coastal State, the conduct of specified fisheries research programmes and regulating the conduct of such research, including the sampling of catches, disposition of samples and reporting of associated scientific data;
    • (g)  the placing of observers or trainees on board such vessels by the coastal State;
    • (h)  the landing of all or any part of the catch by such vessels in the ports of the coastal State;
    • (i)  terms and conditions relating to joint ventures or other cooperative arrangements;
    • (j)  requirements for the training of personnel and the transfer of fisheries technology, including enhancement of the coastal State’s capability of undertaking fisheries research;
    • (k)  enforcement procedures.
  5. Coastal States shall give due notice of conservation and management laws and regulations.

Article 63
 Stocks occurring within the exclusive economic zones of 
two or more coastal States, or both within the exclusive economic zone and in an area beyond and adjacent to it

  1. Where the same stock or stocks of associated species occur within the exclusive economic zones of two or more coastal States, these States shall seek, either directly or through appropriate subregional or regional organizations, to agree upon the measures necessary to coordinate and ensure the conservation and development of such stocks without prejudice to the other provisions of this Part.
  2. Where the same stock or stocks of associated species occur both within the exclusive economic zone and in an area beyond and adjacent to the zone, the coastal State and the States fishing for such stocks in the adjacent area shall seek, either directly or through appropriate subregional or regional organizations, to agree upon the measures necessary for the conservation of these stocks in the adjacent area.

Article 64 Highly migratory species

  1. The coastal State and other States whose nationals fish in the region for the highly migratory species listed in Annex I shall cooperate directly or through appropriate international organizations with a view to ensuring conservation and promoting the objective of optimum utilization of such species throughout the region, both within and beyond the exclusive economic zone. In regions for which no appropriate international organization exists, the coastal State and other States whose nationals harvest these species in the region shall cooperate to establish such an organization and participate in its work.
  2. The provisions of paragraph 1 apply in addition to the other provisions of this Part.

Article 65 Marine mammals

Nothing in this Part restricts the right of a coastal State or the competence of an international organization, as appropriate, to prohibit, limit or regulate the exploitation of marine mammals more strictly than provided for in this Part. States shall cooperate with a view to the conservation of marine mammals and in the case of cetaceans shall in particular work through the appropriate international organizations for their conservation, management and study.

Article 66 Anadromous stocks

  1. States in whose rivers anadromous stocks originate shall have the primary interest in and responsibility for such stocks.
  2. The State of origin of anadromous stocks shall ensure their conservation by the establishment of appropriate regulatory measures for fishing in all waters landward of the outer limits of its exclusive economic zone and for fishing provided for in paragraph 3(b). The State of origin may, after consultations with the other States referred to in paragraphs 3 and 4 fishing these stocks, establish total allowable catches for stocks originating in its rivers.
    • (a) Fisheries for anadromous stocks shall be conducted only in waters landward of the outer limits of exclusive economic zones, except in cases where this provision would result in economic dislocation for a State other than the State of origin. With respect to such fishing beyond the outer limits of the exclusive economic zone, States concerned shall maintain consultations with a view to achieving agreement on terms and conditions of such fishing giving due regard to the conservation requirements and the needs of the State of origin in respect of these stocks.
    • (b) The State of origin shall cooperate in minimizing economic dislocation in such other States fishing these stocks, taking into account the normal catch and the mode of operations of such States, and all the areas in which such fishing has occurred.
    • (c) States referred to in subparagraph (b), participating by agreement with the State of origin in measures to renew 
 anadromous stocks, particularly by expenditures for that purpose, shall be given special consideration by the State of origin in the harvesting of stocks originating in its rivers.
    • (d) Enforcement of regulations regarding anadromous stocks beyond the exclusive economic zone shall be by agreement between the State of origin and the other States concerned.
  3. In cases where anadromous stocks migrate into or through the waters landward of the outer limits of the exclusive economic zone of a State other than the State of origin, such State shall cooperate with the State of origin with regard to the conservation and management of such stocks.
  4. The State of origin of anadromous stocks and other States fishing these stocks shall make arrangements for the implementation of the provisions of this article, where appropriate, through regional organizations.

Article 67 Catadromous species

  1. A coastal State in whose waters catadromous species spend the greater part of their life cycle shall have responsibility for the management of these species and shall ensure the ingress and egress of migrating fish.
  2. Harvesting of catadromous species shall be conducted only in waters landward of the outer limits of exclusive economic zones. When conducted in exclusive economic zones, harvesting shall be subject to this article and the other provisions of this Convention concerning fishing in these zones.
  3. In cases where catadromous fish migrate through the exclusive economic zone of another State, whether as juvenile or maturing fish, the management, including harvesting, of such fish shall be regulated by agreement between the State mentioned in paragraph 1 and the other State concerned. Such agreement shall ensure the rational management of the species and take into account the responsibilities of the State mentioned in paragraph 1 for the maintenance of these species.

Article 68 Sedentary species

This Part does not apply to sedentary species as defined in article 77, paragraph 4.

Excerpts of Part VII, The High Seas, Section 2. Conservation and Management of The Living Resources of the High Seas (Articles 116-120)

SECTION 2. CONSERVATION AND MANAGEMENT OF THE LIVING RESOURCES OF THE HIGH SEAS

Article 116 Right to fish on the high seas

All States have the right for their nationals to engage in fishing on the high seas subject to:

(a) their treaty obligations;
(b) the rights and duties as well as the interests of coastal States provided for, inter alia, in article 63, paragraph 2, and articles 64 to 67; and
(c) the provisions of this section.

Article 117 Duty of States to adopt with respect to their nationals measures for the conservation of the living resources of the high seas

All States have the duty to take, or to cooperate with other States in taking, such measures for their respective nationals as may be necessary for the conservation of the living resources of the high seas.

Article 118 Cooperation of States in the conservation and management of living resources

States shall cooperate with each other in the conservation and management of living resources in the areas of the high seas. States whose nationals exploit identical living resources, or different living resources in the same area, shall enter into negotiations with a view to taking the measures necessary for the conservation of the living resources concerned. They shall,

Article 114 Breaking or injury by owners of a submarine cable or pipeline of another submarine cable or pipeline as appropriate, cooperate to establish subregional or regional fisheries organizations to this end.

Article 119 Conservation of the living resources of the high seas

  1. In determining the allowable catch and establishing other conservation measures for the living resources in the high seas, States shall: (a) take measures which are designed, on the best scientific evidence available to the States concerned, to maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors, including the special requirements of developing States, and taking into account fishing patterns, the interdependence of stocks and any generally recommended international minimum standards, whether subregional, regional or global;
(b) take into consideration the effects on species associated with or dependent upon harvested species with a view to maintaining or restoring populations of such associated or dependent species above levels at which their reproduction may become seriously threatened.
  2. Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks shall be contributed and exchanged on a regular basis through competent international organizations, whether sub-regional, regional or global, where appropriate and with participation by all States concerned.
  3. States concerned shall ensure that conservation measures and their implementation do not discriminate in form or in fact against the fishermen of any State.

Article 120 Marine mammals

Article 65 also applies to the conservation and management of marine mammals in the high seas.

Excerpts of Part XII, Protection and Preservation of the Marine Environment Pollution (Articles 204-212)

SECTION 4. MONITORING AND ENVIRONMENTAL ASSESSMENT

Article 204 Monitoring of the risks or effects of pollution

  1. States shall, consistent with the rights of other States, endeavour, as far as practicable, directly or through the competent international organizations, to observe, measure, evaluate and analyse, by recognized scientific methods, the risks or effects of pollution of the marine environment.
  2. In particular, States shall keep under surveillance the effects of any activities which they permit or in which they engage in order to determine whether these activities are likely to pollute the marine environment.

Article 205 Publication of reports

States shall publish reports of the results obtained pursuant to article 204 or provide such reports at appropriate intervals to the competent international organizations, which should make them available to all States.

SECTION 3. TECHNICAL ASSISTANCE

Article 202 Scientific and technical assistance to developing States

When States have reasonable grounds for believing that planned activities under their jurisdiction or control may cause substantial pollution of or significant and harmful changes to the marine environment, they shall, as far as practicable, assess the potential effects of such activities on the marine environment and shall communicate reports of the results of such assessments in the manner provided in article 205.

SECTION 5. INTERNATIONAL RULES AND NATIONAL LEGISLATION TO PREVENT, REDUCE AND CONTROL POLLUTION OF THE MARINE ENVIRONMENT

Article 207 Pollution from land-based sources

  1. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from land-based sources, including rivers, estuaries, pipelines and outfall structures, taking into account internationally agreed rules, standards and recommended practices and procedures.
  2. States shall take other measures as may be necessary to prevent, reduce and control such pollution.
  3. States shall endeavour to harmonize their policies in this connection at the appropriate regional level.
  4. States, acting especially through competent international organizations or diplomatic conference, shall endeavour to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control pollution of the marine environment from land-based sources, taking into account characteristic regional features, the economic capacity of developing States and their need for economic development. Such rules, standards and recommended practices and procedures shall be re-examined from time to time as necessary.
  5. Laws, regulations, measures, rules, standards and recommended practices and procedures referred to in paragraphs 1, 2 and 4 shall include those designed to minimize, to the fullest extent possible, the release of toxic, harmful or noxious substances, especially those which are persistent, into the marine environment.

Article 208Pollution from seabed activities subject to national jurisdiction

  1. Coastal States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment arising from or in connection with seabed activities subject to their jurisdiction and from artificial islands, installations and structures under their jurisdiction, pursuant to articles 60 and 80.
  2. States shall take other measures as may be necessary to prevent, reduce and control such pollution.
  3. Such laws, regulations and measures shall be no less effective than international rules, standards and recommended practices and procedures.
  4. States shall endeavour to harmonize their policies in this connection at the appropriate regional level.
  5. States, acting especially through competent international organizations or diplomatic conference, shall establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control pollution of the marine environment referred to in paragraph l. Such rules, standards and recommended practices and procedures shall be re-examined from time to time as necessary.

Article 209 Pollution from activities in the Area [the Deep Seabed]

  1. International rules, regulations and procedures shall be established in accordance with Part XI to prevent, reduce and control pollution of the marine environment from activities in the Area. Such rules, regulations and procedures shall be re-examined from time to time as necessary.
  2. Subject to the relevant provisions of this section, States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from activities in the Area undertaken by vessels, installations, structures and other devices flying their flag or of their registry or operating under their authority, as the case may be. The requirements of such laws and regulations shall be no less effective than the international rules, regulations and procedures referred to in paragraph 1.

Article 210 Pollution by dumping

  1. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment by dumping.
  2. States shall take other measures as may be necessary to prevent, reduce and control such pollution.
  3. Such laws, regulations and measures shall ensure that dumping is not carried out without the permission of the competent authorities of States.
  4. States, acting especially through competent international organizations or diplomatic conference, shall endeavour to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control such pollution. Such rules, standards and recommended practices and procedures shall be re-examined from time to time as necessary.
  5. Dumping within the territorial sea and the exclusive economic zone or onto the continental shelf shall not be carried out without the express prior approval of the coastal State, which has the right to permit, regulate and control such dumping after due consideration of the matter with other States which by reason of their geographical situation may be adversely affected thereby.
  6. National laws, regulations and measures shall be no less effective in preventing, reducing and controlling such pollution than the global rules and standards.

Article 211 Pollution from vessels

  1. States, acting through the competent international organization or general diplomatic conference, shall establish international rules and standards to prevent, reduce and control pollution of the marine environment from vessels and promote the adoption, in the same manner, wherever appropriate, of routing systems designed to minimize the threat of accidents which might cause pollution of the marine environment, including the coastline, and pollution damage to the related interests of coastal States. Such rules and standards shall, in the same manner, be re-examined from time to time as necessary.
  2. States shall adopt laws and regulations for the prevention, reduction and control of pollution of the marine environment from vessels flying their flag or of their registry. Such laws and regulations shall at least have the same effect as that of generally accepted international rules and standards established through the competent international organization or general diplomatic conference.
  3. States which establish particular requirements for the prevention, reduction and control of pollution of the marine environment as a condition for the entry of foreign vessels into their ports or internal waters or for a call at their off-shore terminals shall give due publicity to such requirements and shall communicate them to the competent international organization. Whenever such requirements are established in identical form by two or more coastal States in an endeavour to harmonize policy, the communication shall indicate which States are participating in such cooperative arrangements. Every State shall require the master of a vessel flying its flag or of its registry, when navigating within the territorial sea of a State participating in such cooperative arrangements, to furnish, upon the request of that State, information as to whether it is proceeding to a State of the same region participating in such cooperative arrangements and, if so, to indicate whether it complies with the port entry requirements of that State. This article is without prejudice to the continued exercise by a vessel of its right of innocent passage or to the application of article 25, paragraph 2.
  4. Coastal States may, in the exercise of their sovereignty within their territorial sea, adopt laws and regulations for the prevention, reduction and control of marine pollution from foreign vessels, including vessels exercising the right of innocent passage. Such laws and regulations shall, in accordance with Part II, section 3, not hamper innocent passage of foreign vessels.
  5. Coastal States, for the purpose of enforcement as provided for in section 6, may in respect of their exclusive economic zones adopt laws and regulations for the prevention, reduction and control of pollution from vessels conforming to and giving effect to generally accepted international rules and standards established through the competent international organization or general diplomatic conference.
    • (a) Where the international rules and standards referred to in paragraph 1 are inadequate to meet special circumstances and coastal States have reasonable grounds for believing that a particular, clearly defined area of their respective exclusive economic zones is an area where the adoption of special mandatory measures for the prevention of pollution from vessels is required for recognized technical reasons in relation to its oceanographical and ecological conditions, as well as its utilization or the protection of its resources and the particular character of its traffic, the coastal States, after appropriate consultations through the competent international organization with any other States concerned, may, for that area, direct a communication to that organization, submitting scientific and technical evidence in support and information on necessary reception facilities. Within 12 months after receiving such a communication, the organization shall determine whether the conditions in that area correspond to the requirements set out above. If the organization so determines, the coastal States may, for that area, adopt laws and regulations for the prevention, reduction and control of pollution from vessels implementing such international rules and standards or navigational practices as are made applicable, through the organization, for special areas. These laws and regulations shall not become applicable to foreign vessels until 15 months after the submission of the communication to the organization.
    • (b)  The coastal States shall publish the limits of any such particular, clearly defined area.
    • (c)  If the coastal States intend to adopt additional laws and regulations for the same area for the prevention, reduction and control of pollution from vessels, they shall, when submitting the aforesaid communication, at the same time notify the organization thereof. Such additional laws and regulations may relate to discharges or navigational practices but shall not require foreign vessels to observe design, construction, manning or equipment standards other than generally accepted international rules and standards; they shall become applicable to foreign vessels 15 months after the submission of the communication to the organization, provided that the organization agrees within 12 months after the submission of the communication.
  6. The international rules and standards referred to in this article should include inter alia those relating to prompt notification to coastal States, whose coastline or related interests may be affected by incidents, including maritime casualties, which involve discharges or probability of discharges.

Article 212 Pollution from or through the atmosphere

  1. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from or through the atmosphere, applicable to the air space under their sovereignty and to vessels flying their flag or vessels or aircraft of their registry, taking into account internationally agreed rules, standards and recommended practices and procedures and the safety of air navigation.
  2. States shall take other measures as may be necessary to prevent, reduce and control such pollution.
  3. States, acting especially through competent international organizations or diplomatic conference, shall endeavour to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control such pollution.

Excerpts (cont’d) of Part XII, Protection and Preservation of the Marine Environment Enforcement (Articles 213-222)

SECTION 6. ENFORCEMENT

Article 213 Enforcement with respect to pollution from land-based sources

States shall enforce their laws and regulations adopted in accordance with article 207 and shall adopt laws and regulations and take other measures necessary to implement applicable international rules and standards established through competent international organizations or diplomatic conference to prevent, reduce and control pollution of the marine environment from land-based sources. Article 214 
Enforcement with respect to pollution from seabed activities States shall enforce their laws and regulations adopted in accordance with article 208 and shall adopt laws and regulations and take other measures necessary to implement applicable international rules and standards established through competent international organizations or diplomatic conference to prevent, reduce and control pollution of the marine environment arising from or in connection with seabed activities subject to their jurisdiction and from artificial islands, installations and structures under their jurisdiction, pursuant to articles 60 and 80.

Article 215 Enforcement with respect to pollution from activities in the Area

Enforcement of international rules, regulations and procedures established in accordance with Part XI to prevent, reduce and control pollution of the marine environment from activities in the Area shall be governed by that Part.

Article 216Enforcement with respect to pollution by dumping

    1. Laws and regulations adopted in accordance with this Convention and applicable international rules and standards established through competent international organizations or diplomatic conference for the prevention, reduction and control of pollution of the marine environment by dumping shall be enforced:
      • (a)  by the coastal State with regard to dumping within its territorial sea or its exclusive economic zone or onto its continental shelf;
      • (b)  by the flag State with regard to vessels flying its flag or vessels 
or aircraft of its registry;
      • (c)  by any State with regard to acts of loading of wastes or other 
matter occurring within its territory or at its off-shore terminals.
  1. No State shall be obliged by virtue of this article to institute proceedings when another State has already instituted proceedings in accordance with this article.

Article 217 Enforcement by flag States

  1. States shall ensure compliance by vessels flying their flag or of their registry with applicable international rules and standards, established through the competent international organization or general diplomatic conference, and with their laws and regulations adopted in accordance with this Convention for the prevention, reduction and control of pollution of the marine environment from vessels and shall accordingly adopt laws and regulations and take other measures necessary for their implementation. Flag States shall provide for the effective enforcement of such rules, standards, laws and regulations, irrespective of where a violation occurs.
  2. States shall, in particular, take appropriate measures in order to ensure that vessels flying their flag or of their registry are prohibited from sailing, until they can proceed to sea in compliance with the requirements of the international rules and standards referred to in paragraph 1, including requirements in respect of design, construction, equipment and manning of vessels.
  3. States shall ensure that vessels flying their flag or of their registry carry on board certificates required by and issued pursuant to international rules and standards referred to in paragraph 1. States shall ensure that vessels flying their flag are periodically inspected in order to verify that such certificates are in conformity with the actual condition of the vessels. These certificates shall be accepted by other States as evidence of the condition of the vessels and shall be regarded as having the same force as certificates issued by them, unless there are clear grounds for believing that the condition of the vessel does not correspond substantially with the particulars of the certificates.
  4. If a vessel commits a violation of rules and standards established through the competent international organization or general diplomatic conference, the flag State, without prejudice to articles 218, 220 and 228, shall provide for immediate investigation and where appropriate institute proceedings in respect of the alleged violation irrespective of where the violation occurred or where the pollution caused by such violation has occurred or has been spotted.
  5. Flag States conducting an investigation of the violation may request the assis-tance of any other State whose cooperation could be useful in clarifying the circ-umstances of the case. States shall endeavour to meet appropriate requests of flag States.
  6. States shall, at the written request of any State, investigate any violation alleged to have been committed by vessels flying their flag. If satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, flag States shall without delay institute such proceedings in accordance with their laws.
  7. Flag States shall promptly inform the requesting State and the competent international organization of the action taken and its outcome. Such information shall be available to all States.
  8. Penalties provided for by the laws and regulations of States for vessels flying their flag shall be adequate in severity to discourage violations wherever they occur.

Article 218 Enforcement by port States

  1. When a vessel is voluntarily within a port or at an off-shore terminal of a State, that State may undertake investigations and, where the evidence so warrants, institute proceedings in respect of any discharge from that vessel outside the internal waters, territorial sea or exclusive economic zone of that State in violation of applicable international rules and standards established through the competent international organization or general diplomatic conference.
  2. No proceedings pursuant to paragraph 1 shall be instituted in respect of a discharge violation in the internal waters, territorial sea or exclusive economic zone of another State unless requested by that State, the flag State, or a State damaged or threatened by the discharge violation, or unless the violation has caused or is likely to cause pollution in the internal waters, territorial sea or exclusive economic zone of the State instituting the proceedings.
  3. When a vessel is voluntarily within a port or at an off-shore terminal of a State, that State shall, as far as practicable, comply with requests from any State for investigation of a discharge violation referred to in paragraph 1, believed to have occurred in, caused, or threatened damage to the internal waters, territorial sea or exclusive economic zone of the requesting State. It shall likewise, as far as practicable, comply with requests from the flag State for investigation of such a violation, irrespective of where the violation occurred.
  4. The records of the investigation carried out by a port State pursuant to this article shall be transmitted upon request to the flag State or to the coastal State. Any proceedings instituted by the port State on the basis of such an investigation may, subject to section 7, be suspended at the request of the coastal State when the violation has occurred within its internal waters, territorial sea or exclusive economic zone. The evidence and records of the case, together with any bond or other financial security posted with the authorities of the port State, shall in that event be transmitted to the coastal State. Such transmittal shall preclude the continuation of proceedings in the port State.

Article 219 Measures relating to seaworthiness of vessels to avoid pollution

Subject to section 7, States which, upon request or on their own initiative, have ascertained that a vessel within one of their ports or at one of their off-shore terminals is in violation of applicable international rules and standards relating to seaworthiness of vessels and thereby threatens damage to the marine environment shall, as far as practicable, take administrative measures to prevent the vessel from sailing. Such States may permit the vessel to proceed only to the nearest appropriate repair yard and, upon removal of the causes of the violation, shall permit the vessel to continue immediately.

Article 220 Enforcement by coastal States

  1. When a vessel is voluntarily within a port or at an off-shore terminal of a State, that State may, subject to section 7, institute proceedings in respect of any violation of its laws and regulations adopted in accordance with this Convention or applicable international rules and standards for the prevention, reduction and control of pollution from vessels when the violation has occurred within the territorial sea or the exclusive economic zone of that State.
  2. Where there are clear grounds for believing that a vessel navigating in the territorial sea of a State has, during its passage therein, violated laws and regulations of that State adopted in accordance with this Convention or applicable international rules and standards for the prevention, reduction and control of pollution from vessels, that State, without prejudice to the application of the relevant provisions of Part II, section 3, may undertake physical inspection of the vessel relating to the violation and may, where the evidence so warrants, institute proceedings, including detention of the vessel, in accordance with its laws, subject to the provisions of section 7.
  3. Where there are clear grounds for believing that a vessel navigating in the exclusive economic zone or the territorial sea of a State has, in the exclusive economic zone, committed a violation of applicable international rules and standards for the prevention, reduction and control of pollution from vessels or laws and regulations of that State conforming and giving effect to such rules and standards, that State may require the vessel to give information regarding its identity and port of registry, its last and its next port of call and other relevant information required to establish whether a violation has occurred.
  4. States shall adopt laws and regulations and take other measures so that vessels flying their flag comply with requests for information pursuant to paragraph 3.
  5. Where there are clear grounds for believing that a vessel navigating in the exclusive economic zone or the territorial sea of a State has, in the exclusive economic zone, committed a violation referred to in paragraph 3 resulting in a substantial discharge causing or threatening significant pollution of the marine environment, that State may undertake physical inspection of the vessel for matters relating to the violation if the vessel has refused to give information or if the information supplied by the vessel is manifestly at variance with the evident factual situation and if the circumstances of the case justify such inspection.
  6. Where there is clear objective evidence that a vessel navigating in the exclusive economic zone or the territorial sea of a State has, in the exclusive economic zone, committed a violation referred to in paragraph 3 resulting in a discharge causing major damage or threat of major damage to the coastline or related interests of the coastal State, or to any resources of its territorial sea or exclusive economic zone, that State may, subject to section 7, provided that the evidence so warrants, institute proceedings, including detention of the vessel, in accordance with its laws.
  7. Notwithstanding the provisions of paragraph 6, whenever appropriate procedures have been established, either through the competent international organization or as otherwise agreed, whereby compliance with requirements for bonding or other appropriate financial security has been assured, the coastal State if bound by such procedures shall allow the vessel to proceed.
  8. The provisions of paragraphs 3, 4, 5, 6and 7 also apply in respect of national laws and regulations adopted pursuant to article 211, paragraph 6.

Article 221 Measures to avoid pollution arising from maritime casualties

  1. Nothing in this Part shall prejudice the right of States, pursuant to international law, both customary and conventional, to take and enforce measures beyond the territorial sea proportionate to the actual or threatened damage to protect their coastline or related interests, including fishing, from pollution or threat of pollution following upon a maritime casualty or acts relating to such a casualty, which may reasonably be expected to result in major harmful consequences.
  2. For the purposes of this article, “maritime casualty” means a collision of vessels, stranding or other incident of navigation, or other occurrence on board a vessel or external to it resulting in material damage or imminent threat of material damage to a vessel or cargo.

Article 222 Enforcement with respect to pollution from or through the atmosphere

States shall enforce, within the air space under their sovereignty or with regard to vessels flying their flag or vessels or aircraft of their registry, their laws and regulations adopted in accordance with article 212, paragraph 1, and with other provisions of this Convention and shall adopt laws and regulations and take other measures necessary to implement applicable international rules and standards established through competent international organizations or diplomatic conference to prevent, reduce and control pollution of the marine environment from or through the atmosphere, in conformity with all relevant international rules and standards concerning the safety of air navigation.

ANNEX I. HIGHLY MIGRATORY SPECIES

  • Albacore tuna: Thunnus alalunga.
  • Bluefin tuna: Thunnus thynnus.
  • Bigeye tuna: Thunnus obesus.
  • Skipjack tuna: Katsuwonus pelamis.
  • Yellowfin tuna: Thunnus albacares.
  • Blackfin tuna: Thunnus atlanticus.
  • Little tuna: Euthynnus alletteratus; Euthynnus affinis.
  • Southern bluefin tuna: Thunnus maccoyii.
  • Frigate mackerel: Auxis thazard; Auxis rochei.
  • Pomfrets: Family Bramidae.
  • Marlins: Tetrapturus angustirostrisTetrapturus belone; 
Tetrapturus pfluegeriTetrapturus albidus; Tetrapturus audax; Tetrapturus georgei; Makaira mazara; Makaira indica; Makaira nigricans.
  • Sail-fishes: Istiophorus platypterusIstiophorus albicans.
  • Swordfish: Xiphias gladius.
  • Sauries: Scomberesox saurus; Cololabis saira; Cololabis adocetusScomberesox saurus scombroides.
  • Dolphin: Coryphaena hippurus; Coryphaena equiselis.
  • Oceanic sharks: Hexanchus griseus; Cetorhinus maximus; Family AlopiidaeRhincodon typus; Family Carcharhinidae; Family Sphyrnidae; Family Isurida.
  • Cetaceans: Family Physeteridae; Family Balaenopteridae; Family Balaenidae; Family Eschrichtiidae; Family Monodontidae; Family Ziphiidae; Family Delphinidae.

UNIT SEVEN: Current Problems in US Ocean Management:  Illegal, Unreported, and Unregulated Fishing (IUU Fishing)

Pramod G, Nakamura K, Pitcher TJ, Delagran L (2014), Estimates of Illegal and Unreported fish in Seafood Imports to the USA, 48 Marine Policy, 102-113.

Erceg D (2006), Deterring IUU Fishing Through State Control Over Nationals, 30:2 Marine Policy, 173-179.

Sumaila UR, Keith AH (2006), Global Scope and Economics of Illegal Fishing, 30:6 Marine Policy, 696-703.

UNIT EIGHT: US Management of Offshore Energy

The Submerged Lands Act of 1953 (43 USC §1301 et seq.)

https://www.law.cornell.edu/uscode/text/43/chapter-29/subchapter-II

Short YouTube Video, “How Undersea Cables are Laid,”

https://youtu.be/XQVzU_YQ3IQ.  There is a longer documentary on YouTube, The History of the Transatlantic Cable:  How to Connect the World Population, at http://www.youtube.com/watch?v=MVw9IEGumVc

The Outer Continental Shelf Lands Act of 1953 (43 USC §1331 et seq.)

https://www.law.cornell.edu/uscode/text/43/chapter-29/subchapter-III

Tabuchi H, Wallace T (2018) Trump Would Open Nearly All US Waters to Drilling.  But Will They Drill?

The New York Times, January 23, 2018.  Comparing the oil exploration of three presidents, with maps:

https://www.nytimes.com/interactive/2018/01/23/climate/trump-offshore-oil-drilling.html

Bureau of Ocean Energy Management (BOEM), Atlantic Oil and Gas Information,

https://www.boem.gov/Atlantic-Oil-and-Gas-Information/

This site is useful because it provides examples of federal agency data, environmental studies, maps and other information collected in support of programmatic environmental impact statements to support oil and gas exploration, renewables, marine minerals to comply with NEPA, ESA, MMPA and MSA.

Federal Energy Regulatory Commission, Hydrokinetic Energy

https://www.ferc.gov/industries/hydropower/gen-info/licensing/hydrokinetics.asp

The Federal Power Act of 1935 (16 USC CH. 12)

https://www.law.cornell.edu/uscode/text/16/chapter-12

The Energy Policy Act of 2005  (Public Law 109-58)

https://www.gpo.gov/fdsys/pkg/PLAW-109publ58/content-detail.html

UNIT NINE: US Coastal Management

The Coastal Zone Management Act of 1972, 16 USC § 1451 et seq.

https://coast.noaa.gov/czm/media/CZMA_10_11_06.pdf

Coastal Zone Management Act Reauthorization Amendments of 1990 (CZARA)

https://coast.noaa.gov/data/Documents/OceanLawSearch/CoastalZoneActReauthorizationAmendmentsof1990.pdf

NOAA Coastal Nonpoint Source Pollution Program

https://coast.noaa.gov/czm/pollutioncontrol/

EPA Coastal Nonpoint Source Pollution Program (jointly managed)

https://www.epa.gov/nps/coastal-zone-act-reauthorization-amendments-czara-section-6217

CZARA Section 6217 on Nonpoint Source Pollution Control Programs

16 USC § 1455b, https://coast.noaa.gov/czm/act/sections/#1455b

Fletcher KM (2015), Managing Coastal Development, Chapter Five in Ocean and Coastal Law and Policy, Baur DC, Eichenberg, T, Hancock Snusz G, and Sutton M, eds. (American Bar Association, Section of Environment, Energy, and Resources (Chicago).

NOAA Map of Continental United States Hurricane Strikes 1950-2011

https://www.nhc.noaa.gov/climo/images/conus_hurrStrikes_1950-2011.png

Bremer S, Glavovic B (2013), Mobilizing Knowledge for Coastal Governance:  Re-Framing the Science-Policy Interface for Integrated Coastal Management, 41 Coastal Management, 39-56, DOI:  10.1080/08920753.2012.749751

Griggs G (2017), Coasts in Crisis:  A Global Challenge, University of California Press,

ISBN:  9780520293625

Landry CE (2011), Coastal Erosion as a Natural Resource Management Problem:  An Economic Perspective, 39 Coastal Management 259-281, DOI:  10.1080/08920753.2011.566121

Final Report of the US Commission on Ocean Policy

The Value of US Coasts (Final Report of the US Commission on Ocean Policy 2004

http://govinfo.library.unt.edu/oceancommission/documents/full_color_rpt/welcome.html#final

Appendix 6 of the Report, Review of  US Ocean and Coastal Law:  The Evolution of Ocean Governance Over Three Decades [Excerpt below]

http://govinfo.library.unt.edu/oceancommission/documents/full_color_rpt/append_6.pdf

Section 307(c)(3)(A) Consistency: Federally Licensed or Permit Activities

Any applicant for a required federal license or permit to conduct an activity, in or outside of the coastal zone, affecting any land or water use or natural resource of the coastal zone of that state shall provide in the application to the licensing or permitting agency a certification that the proposed activity complies with the enforceable policies of the state’s approved program and that such activity will be conducted in a manner consistent with the program (16 USC §1456(c)(3)(A)).

A private individual or business, state or local government agency, or any other type of nonfederal entity, applying to the federal government for a required permit or license or any other type of an approval or authorization, needs to follow the requirements of CZMA Section 307(c)(3)(A). All federal license or permit activities occurring in the coastal zone are deemed to affect coastal uses or resources, if the state coastal management program has listed the particular federal license, permit, or approval in its federally approved program document. For a listed activity occurring in the coastal zone, the applicant shall submit a consistency certification to the approving federal agency and the state. In addition to the certification, the applicant must provide the state with the necessary data and information required by NOAA’s regulations to allow the state to assess the project’s effects (15 CFR §930.54).

Within six months after receiving a copy of the consistency certification, the state is to notify the federal agency concerned that it concurs with or objects to such certification. If the state fails to submit a notification within the six month period, its concurrence is conclusively presumed. The federal agency may not grant the requested license or permit unless the state concurs or is conclusively presumed to concur with the certification (16 USC 1456(c)(3)(A).  An aggrieved applicant may appeal the non-concurrence to the Secretary of Commerce and request an override of the state’s decision or the Secretary may initiate his or her own review (16 USC § 1456(c)(3)(A)-(B) and (d)).

If a state wants to review an unlisted activity, it must seek NOAA approval on a case-by-case basis (15 CFR § 930.54).  For listed activities outside the coastal zone, the applicant must submit a consistency certification to the state and the federal agency if the activity falls within the geographic location described in the state program document for listed activities outside the coastal zone. For such activities where the state has not described the geographic location, the state must follow the unlisted activity procedure described above, if it wants to review the activity. (Adapted from Appendix 6)

NOAA Office for Coastal Management, links to coastal state management information for the 35 US coastal states and their coastal management plans (CMPs), https://coast.noaa.gov/czm/mystate/

State Management Example: Oregon Territorial Sea Plan (1994) Relevant to Offshore Siting of Industrial Facilities Such as Renewable Energy, Oregon Enforceable Policies Subject to Federal Consistency. https://www.oregon.gov/lcd/OCMP/Pages/Territorial-Sea-Plan.aspx

Andreen WL (2016), No Virtue Like Necessity:  Dealing with Nonpoint Source Pollution and Environmental Flows in the Face of Climate Change, 34 Virginia Environmental Law Journal 255.

Hoornbeek JF, Yalamanchili S (2017), Watershed Based Tools for Reducing Nutrient Flows to Surface Waters:  Addressing Nutrient Enrichment and Harmful Algal Blooms in the United States, 29 Fordham Environmental Law Review 50.

2018 Report on National Coastal Flood Vulnerability, NOAA National Ocean Service,

https://oceanservice.noaa.gov/news/mar18/coastal-flood-vulnerability.html

Selected US Supreme Court Cases, Fifth Amendment “Takings” Claims in the Coastal Zone

Lucas v. South Carolina Coastal Council, 505 US 1003 (1992)

Nollan v. California Coastal Commission, 483 US 825 (1987)

Dolan v. City of Tigard, 512 US 374 (1994)

Palazzolo v. Rhode Island, 533 US 606 (2001)

Kelo v. New London Development Corporation, 125 S Ct 2655 (2005)

UNIT TEN: Restoring Marine Environments:  The Roles of Innovative Regulatory, Planning and Human Dimensions Tools

Useful Literature

Beck M. (2014) Social-Ecological Marine Restoration:  A New Vision for Benefits for Nature – And People.  National Geographic Blog, August 21, 2014.

https://blog.nationalgeographic.org/2014/08/21/social-ecological-marine-restoration-a-new-vision-of-benefits-for-nature-and-people/

Blomberg BN, Pollack JB, Montagna PA, Yoskowitz DW (2018), Evaluating the US Estuary Restoration Act to Inform Restoration Policy Implementation:  A Case Study Focusing on Oyster Reef Projects, 91 Marine Policy 161-166.

Conathan M, Buchanan J, Polefka S (2014) The Economic Case for Restoring Coastal Ecosystems, The Center for American Progress,

https://cdn.americanprogress.org/wp-content/uploads/2014/04/CoastalRestoration_INTRO.pdf

Edwards PET, Sutton-Grier AE, Coyle GE (2013), Investing in Nature:  Restoring Coastal Habitat Blue Infrastructure and Green Job Creation, 38 Marine Policy 65-71.

Greening H, Swann R, St. Pé, Testroet-Bergeron S, Allen R, Alderson M, Hecker J, Bernhardt SP (2018), Local Implementation of a National Program:  The National Estuary Program Response Following the Deepwater Horizon Spill in the Gulf of Mexico, 87 Marine Policy 60-64.

Restoring and Protecting Marine Habitat:  The Role of Engineering and Technology (1994), Chapter 8, Conclusions and Recommendations, National Academies Press, https://www.nap.edu/read/2213/chapter/10

Guerry AD (2005) Icarus and Daedalus:  Conceptual and Tactical Lessons for Marine Ecosystem-Based Management, 3 Frontiers in Ecology and the Environment 202,
https://www.jstor.org/stable/3868464

Goreau TJ, Trench RK (2012), Innovative Methods of Marine Ecosystem Restoration, CRC Press, Taylor and Francis Group Boca Raton, London, New York, ISBN 9781466557734

Wasson K, Suarez B, Akhavan A, McCarthy E, Kildow J, Johnson KS, Fountain MC, Woolfolk A., Silberstein M., Pendleton L, Feliz D (2015), Lessons Learned from an Ecosystem-Based Management Approach to Restoration of a California Estuary, 58 Marine Policy 60-70.

From NOAA’s Restoration Center, see report from May 2017, Socioeconomic Benefits of Habitat Restoration

ftp://ftp.library.noaa.gov/noaa_documents.lib/NMFS/TM_NMFS_OHC/TM_NMFS_OHC_1.pdf

Center for American Progress/OXFAM (2014), The Economic Benefits of Restoring Coastal Ecosystems,

https://www.americanprogress.org/issues/green/reports/2014/04/09/87438/the-economic-benefits-of-restoring-coastal-ecosystems/

Biohabitats, http://www.biohabitats.com/newsletters/coastal-habitat-restoration/socioeconomic-benefits-of-coastal-habitat-restoration/

NOAA, The Estuary Restoration Act, and National Database of Restoration Projects,

https://www.fisheries.noaa.gov/national/habitat-conservation/estuary-restoration-act

Statute:  Estuary Restoration, 33 USC 42, https://www.law.cornell.edu/uscode/text/33/chapter-42

Periodic national state-of-the-coast reports

The NOAA 2013 report on National Coastal Population (trends 1970-2020) is available here.

EPA’s Coastal Condition Reports are available here.

This series became known as the National Coastal Condition Assessment.

The most recent EPA report is 2010, published 2016.

For The National Estuarine Research Reserve (NERR) Program see here.

Economics

Here are resources from NOAA Fisheries on the economic value of coastal and estuarine restoration.

While browsing on this site, click on some of the blue live links for fact sheets and a wide array of data summaries.

The Economic and Market Value of Coasts and Estuaries:  What’s At Stake?  Pendleton LH ed., Restore America’s Estuaries, 2008.

https://americaswetland.com/wp-content/uploads/2018/09/102008_RAEEconReport.pdf

(VIDEO RESOURCE) Habitat Restoration: An Economic Engine.

A 2017 report by NOAA fisheries provides a summary of the economic value of US fisheries.

UNIT ELEVEN: The Future of Ocean Management

The United Nations Universal Declaration on Human Rights (1948)

http://www.un.org/en/universal-declaration-human-rights/

United Nations, Report of the World Commission on Environment and Development (Brundtland Commission Report), Our Common Future (1992)

http://www.un-documents.net/our-common-future.pdf

The Millennium Ecosystem Report (2005)

https://www.millenniumassessment.org/en/index.html

University of Washington, Marine Ecosystems and Management MEAM   Newsletter, https://meam.openchannels.org/meam

The Stratton Commission Report, Our Nation and the Sea (1964)

https://archive.org/details/ournationseaplan00unit

The PEW Charitable Trusts Report, America’s Living Oceans:  Charting a Course for Sea Change (2003)  http://www.pewtrusts.org/en/research-and-analysis/reports/2003/06/02/americas-living-oceans-charting-a-course-for-sea-change

The US Ocean Commission Report, An Ocean Blueprint for the 21st Century (2004)

https://govinfo.library.unt.edu/oceancommission/documents/full_color_rpt/000_ocean_full_report.pdf

The Implementation Plan (2009), archive, https://obamawhitehouse.archives.gov/administration/eop/oceans/policy

The Final Recommendations of the Interagency Task Force on Ocean Policy (2010)

https://www.nsf.gov/geo/opp/opp_advisory/briefings/nov2010/optf_finalrecs.pdf

News Releases (December 2016), First Two Regional Plans in Place,

https://www.nrdc.org/experts/alison-chase/national-ocean-policy-seven

The Nature Conservancy California Oceans Program

https://www.nature.org/ourinitiatives/regions/northamerica/unitedstates/california/howwework/california-oceans-program.xml

West Coast Regional Planning Body, http://www.westcoastmarineplanning.org

Caribbean Regional Ocean Partnership:  https://marineplanning.org/wp-content/uploads/2018/03/PR_USVI_CROP-Outreach-Document_2015.pdf

Pacific Island Regional Planning Body, https://www.regions.noaa.gov/pacific-islands/index.php/highlights/pacific-islands-regional-planning-body/

The Nature Conservancy, Our Oceans, Our Future (and urban planning tool)

https://www.nature.org/ourinitiatives/urgentissues/oceans/index.htm

Film, Ocean Frontiers III:  Leaders in Ocean Stewardshiop and the New Blue Economy,

https://ocean-frontiers.org/the-films/ocean-frontiers-3/

Mission Blue, https://mission-blue.org/about/

Stanford University, Center for Ocean Solutions, https://oceansolutions.stanford.edu

Grier A, Wowk K. (2015), Future of Our Coasts:  The Potential for Natural and Hybrid Infrastructure to Enhance the Resilience of Our Coastal Communities, Economies, and Ecosystems, Science Direct 51 (137-148), http://www.sciencedirect.com/science/article/pii/S1462901115000799

Burroughs R (2011), Coastal Governance, Island Press (ISBN-13:  978-1-59726-484-6)

Maser C (2013), Decisionmaking for a Sustainable Environment:  A Systemic Approach, CRC Press, Taylor and Francis Group (ISBN 978-1-4665-5216-6)

Zacharias M (2014), Chapter 10, Integrated Approaches to Ocean Management, in Marine Policy:  An Introduction to Governance and International Law of the Oceans (Earthscan, Routledge, Taylor and Francis).

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