U.S. Commission on Ocean Policy - Joint Ocean Commission Initiative

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Comprehensive Environmental Response,Compensation, and Liability ActEnacted in 1980, the Comprehensive EnvironmentalResponse, Compensation and Liability Act (CER-CLA; Pub. L. 96–510; 42 U.S.C. §§ 9601 et seq.)gives the federal government broad authority torespond to releases or threatened releases of hazardoussubstances that may endanger public healthor the environment. EPA is the lead implementingagency. CERCLA also sets requirements concerningclosed and abandoned hazardous waste sites, includingfor liability of persons responsible for releases ofhazardous waste at such sites.Coral Reef Conservation ActThe Coral Reef Conservation Act of 2000 (Pub. L.106–562; 16 U.S.C. §§ 6401 et seq.) requires NOAA todevelop a national coral reef action strategy, initiate amatching grants program for reef conservation, andcreate a conservation fund to encourage public-privatepartnerships that promote the purposes of the Act.Deep Seabed Hard Mineral Resources ActThe Deep Seabed Hard Mineral Resources Act of1980 (Pub. L. 96–283; 30 U.S.C. §§ 1401 et seq.)authorizes NOAA to establish a domestic regulatoryregime covering the exploration and commercialrecovery by U.S. citizens of minerals seaward of thenatural resource jurisdiction of any nation.Deep Water Royalty Relief ActThe Deep Water Royalty Relief Act of 1995 (Pub. L.104–58; 42 U.S.C. § 1337) amends the OCSLA toprovide incentives in the form of royalty reductionsfor oil and gas leases in deep water areas of the Gulfof Mexico to encourage leasing and exploration andhelp spur the development of advanced new technologiesfor production of oil and gas in these areas.Deepwater Port ActThe Deepwater Port Act of 1974 (Pub. L. 93–627; 33U.S.C. §§ 1501 et seq.), as amended in 2002, authorizesand regulates the location, ownership, construction,and operation of deepwater ports (defined as anon-vessel, fixed or floating manmade structure thatis used as a port or terminal for the loading, unloading,or handling of oil or natural gas for transportationto a state) in waters beyond the U.S. state seawardboundaries, sets requirements for the protectionof marine and coastal environments from adverseeffects of such port development, and promotes safetransport of oil and natural gas from such locations.Disaster Mitigation ActThe Disaster Mitigation Act of 2000 (Pub. L.106–390; 42 U.S.C. §§ 5121 et seq.) requires FEMAto impose more stringent hazard mitigation planningon states. States that fail to meet new criteria developedby FEMA are denied disaster assistance awardsand other types of funding, while states that exceedrequirements are eligible to use a greater proportionof any post-disaster funding they receive to implementhazard mitigation projects.Endangered Species ActThe Endangered Species Act of 1973 (ESA; Pub. L.93–205; 16 U.S.C. §§ 1531 et seq.) protects species ofplants and animals listed as threatened or endangered.NOAA or USFWS determine the species thatare endangered or threatened and are directed to designatecritical habitat and develop and implementrecovery plans for threatened and endangeredspecies. Once a species is listed, federal agenciesmust ensure that any action they authorize, fund, orcarry out is not likely to jeopardize the continuedexistence of any endangered or threatened species orresult in the destruction or adverse modification oftheir critical habitat.Estuary Restoration ActThe Estuary Restoration Act of 2000 (Pub. L. 106–457;33 U.S.C. §§ 2901 et seq.) created an Estuary HabitatRestoration Council (EHRC) that includes USACE,NOAA, EPA, USFWS, and USDA. The Act chargesEHRC to develop and implement a strategy forrestoring the nation’s estuaries.See Section 2 (<strong>Commission</strong>s, Committees, andCouncils): Estuary Habitat Restoration Council.D 10A N O CEAN B LUEPRINT FOR THE 21ST C ENTURY
Farm Bill 1985—Food Security ActThe Farm Bill Congress enacted in 1985, formallyknown as the Food Security Act of 1985 (Pub. L.99–198; 7 U.S.C. §§ 1631 et seq.), is landmark legislationin terms of its conservation provisions, establishingthe so-called Sodbuster, Swampbuster, and theConservation Reserve and Wetland Reserve programs.See Section 4 (Federal Programs): Farm BillConservation Programs.Farm Bill 1990—Food, Agriculture,Conservation, and Trade ActThe Food, Agriculture, Conservation, and TradeAct of 1990 (Pub. L. 101–624; 14 U.S.C. §§ 1401et seq.) maintained, with certain amendments, theconservation provisions of the 1985 Farm Bill andcreated new conservation programs applying toforestry activities.See Section 4 (Federal Programs): Farm BillConservation Programs.Farm Bill 1996—Federal AgricultureImprovement and Reform ActThe Federal Agriculture Improvement and ReformAct of 1996 (Pub. L. 104–127; 7 U.S.C. §§ 793 etseq.) made modifications to the Sodbuster,Swampbuster, and Conservation Reserve andWetland Reserve programs, and created several newprograms to address high-priority environmentalprotection goals, including the EnvironmentalQuality Incentives Program, Wildlife HabitatIncentives Program, Flood Risk Reduction Program,Farmland Protection Program, Conservation FarmOption, and Conservation of Private Grazing Landsinitiative.See Section 4 (Federal Programs): Farm BillConservation Programs.Farm Bill 2002—Farm Security and RuralInvestment ActThe Farm Security and Rural Investment Act of 2002(Pub. L. 107–171) greatly expanded overall fundingfor Farm Bill conservation programs and shifted theemphasis of funding from land retirement programsto supporting conservation measures on workingagricultural lands.See Section 4 (Federal Programs): Farm BillConservation Programs.Federal Water Pollution Control ActSee: Clean Water Act.Magnuson-Stevens Fishery Conservationand Management ActWhen Congress passed the Fishery Conservation andManagement Act in 1976 (Pub. L. 94–265; 16 U.S.C.§§ 1801 et seq.), it claimed for the nation sovereignrights and exclusive fishery management authorityover all fishery resources within 200 miles of thecoast, and over certain continental shelf and anadromousfishery resources even beyond 200 miles. Laterrenamed the Magnuson-Stevens FisheryConservation and Management Act (M-S Act), theAct as amended established national standards forfishery conservation and management in U.S. waters.The M-S Act also created eight Regional FisheryManagement Councils composed of state and federalofficials and fishing industry representatives that prepareand amend fishery management plans for certainfisheries requiring conservation and management.The Act also requires that fishery managementplans identify essential fish habitat and protectionand conservation measures for each managedspecies. In 1996, the Sustainable Fisheries Actamended the M-S Act to require NMFS to undertakea number of science, management, and conservationactions to prevent overfishing, rebuild overfishedstocks, protect essential fish habitat, minimizebycatch, enhance research, and improve monitoring.See Section 2 (<strong>Commission</strong>s, Committees, andCouncils): Regional Fishery Management Councils.Marine Mammal Protection ActUnder the Marine Mammal Protection Act of 1972(MMPA; Pub. L. 92–522; 16 U.S.C. §§ 1361 et seq.),NOAA has responsibility for ensuring the protectionof cetaceans (whales, porpoises, and dolphins) andpinnipeds (seals and sea lions), except walruses.USFWS is responsible for ensuring the protection ofwalruses, sea otters, polar bears, and manatees.NOAA and USFWS are required to consult with theMarine Mammal <strong>Commission</strong>, also created by theMMPA. With several exceptions, the MMPA establishesa moratorium on the taking and importation ofmarine mammals and marine mammal products.See Section 2 (<strong>Commission</strong>s, Committees, andCouncils): Marine Mammal <strong>Commission</strong>.APPENDIX D: GLOSSARY OF FEDERAL OCEAN AND COASTAL-RELATED COMMISSIONS, COMMITTEES, COUNCILS, LAWS, AND PROGRAMSD 11
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FINAL REPORTAN OCEAN BLUEPRINTFOR T
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THE UNITED STATES IS AN OCEAN NATIO
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1120 20TH STREET, NW • SUITE 200
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U.S. COMMISSION ON OCEAN POLICYChai
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Shirley A. Pomponi, Ph.D.President
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ACKNOWLEDGEMENTSAn effort of this m
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CHAPTER 3SETTING THE NATION’S SIG
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PART IVLIVING ON THE EDGE: ECONOMIC
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Periodic Review and Modification...
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Expanding Research and Education ..
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CHAPTER 26ACHIEVING A SUSTAINED, IN
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Index to the Recommendations ......
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LIST OF FIGURES AND TABLESFigure 1.
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LIST OF BOXESBox 1.1 Defining Coast
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PHOTOGRAPH IDENTIFICATIONAND CREDIT
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The Value of the Oceans and CoastsA
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The message from both experts and t
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Guiding PrinciplesThe Commi
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appropriate national policies, and
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Based on an improved understanding
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Figure ES.5 Many Different Platform
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Figure ES.6 U.S. Students Fall Behi
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ciated with coastal population and
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To ensure good coordination, the In
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liferation of federal and state pro
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Preserving Coral Reefs and Other Co
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pation of all ocean-related federal
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also produce revenues in time, and
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CHAPTER 1RECOGNIZING OCEAN ASSETSAN
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Figure 1.2 The Value of the CoastsJ
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Box 1.1 Defining Coastal AreasThe c
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Figure 1.4 The Shift from Goods to
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Box 1.2 The “Fourth Seacoast”
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chemicals tend to bind to particles
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coastal watershed counties grew by
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One of the most immediate phenomena
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30 Fleming, L.E., et al. “The Epi
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CHAPTER 2UNDERSTANDING THE PASTTO S
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ments. The Navy’s ocean data hold
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The legislation was prompted by the
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The architects of ocean-related pro
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Congress on ocean and coastal issue
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Figure 2.1 Invited Panelists Repres
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CHAPTER 3SETTING THE NATION’S SIG
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USCOP File PhotoThe Commiss
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Figure 3.1 Large Marine Ecosystems
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damage is also high, managers shoul
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Figure 3.2 The Foundations of a New
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PRIMER ON OCEAN JURISDICTIONS:DRAWI
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The Territorial Sea (0 to 12 Nautic
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PART 2BLUEPRINT FOR CHANGE:A NEW NA
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Government agencies work on these a
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Recommendation 4-1Congress should e
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• reach out to state, territorial
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Figure 4.2 Proposed Structure for C
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References1 National Research Counc
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significant initiative by federal a
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The California Bay-Delta Authority
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Box 5.2 Nature and Functions of Reg
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Box 5.3 Moving Toward Improved Fede
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data collection efforts are essenti
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CHAPTER 6COORDINATING MANAGEMENTIN
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nisms for managing new ocean uses.
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sure that disputes are resolved and
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Reserve System, which is made up of
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Regional and Local StakeholdersPart
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Reviewing Previous Reorganization P
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Box 7.1 Improving Ocean and Coastal
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Box 7.2 Federal Ocean and Coastal A
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Box 7.3 Historical Precedent for Pr
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Table 7.1 (continued) Thirty Years
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PART 3OCEAN STEWARDSHIP:THE IMPORTA
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Ocean StewardshipTo successfully ad
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Therefore, the interaction and invo
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NOPP’s Ocean Research Advisory Pa
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Recommendation 8-4Ocean.ED should d
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Figure 8.2 U.S. Students Fall Behin
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Bridging the Gap between Scientists
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Recommendation 8-8Ocean.ED, working
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creativity that has expanded our un
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Recommendation 8-11Ocean.ED should
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Recommendation 8-14The National Sci
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Box 8.5 What Is Informal Education?
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to reach desired outcomes. While fe
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PART 4L IVING ON THE E DGE:E CONOMI
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Box 9.1 Coastal Activities Are Big
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state and local decision making, so
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• goals—State coastal managemen
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Other Relevant Federal ProgramsIn a
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forward. An applicant can appeal su
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References1 Culliton, T.J. Populati
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Improving Federal Managementof Haza
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Box 10.2 New Orleans at RiskPrior t
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Dave Gatley/FEMA News PhotoHomes bu
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that develop excellent mitigation p
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tal and human disturbances such as
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PhotolinkCoastal habitats provide e
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Restoration efforts have intensifie
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Box 11.2 A Community Habitat Restor
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Although it has shown some success
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Box 12.1 Sediment: Friend or Foe?Se
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Changing Sediment QualityOver the l
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One of the difficulties in undertak
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Beneficial Uses of Dredged Material
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The National Shoreline Management S
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CHAPTER 13SUPPORTING MARINE COMMERC
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Figure 13.1 Ports Are the Primary G
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Harbors, Channels, and WaterwaysThe
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Recommendation 13-2Congress should
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Recommendation 13-5The U.S. Departm
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PART VC LEAR WATERS A HEAD:C OASTAL
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Figure 14.1 Report Card on Regional
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sources, such as industrial facilit
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meet water quality goals. Decisions
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Animal Feeding OperationsMany anima
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nants over land, into streams and g
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Major Nonpoint SourcesThe majority
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USCOP File PhotoUSCOP File PhotoAs
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Expanding Uses of State Revolving F
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Recommendation 14-11The U.S. Enviro
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assisting in the implementation of
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References1 U.S. Environmental Prot
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Box 15.1 Ocean and Coastal Monitori
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EPA’s Environmental Monitoring an
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local, and municipal governments, w
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System DesignSampling protocols are
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Making Data Accessible and UsefulA
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and 75 percent of cargo ships opera
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Although many flag states take thei
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Reducing Vessel PollutionStrengthen
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Voluntary actions can provide a use
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Figure 16.2 The Oil Pollution Act C
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developing new regulatory and non-r
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25 Ibid.26 Center for Environmental
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Box 17.1 What Is an Invasive Specie
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Figure 17.2 Addressing Aquatic Inva
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Global Trade in Marine OrganismsHum
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Recommendation 17-4The National Oce
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tant for ballast water, coordinated
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10 U.S. General Accounting Office.
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each in the entire world. 3 A study
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Research Program), directed by NOAA
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established simply on the basis of
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References1 U.S. Department of Comm
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CHAPTER 19ACHIEVING SUSTAINABLEFISH
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Figure 19.1 Fishery LitigationGrows
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While determining allowable biologi
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Although the Secretary of Commerce
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platforms to expand the scope of da
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Figure 19.3 Migratory Fish RequireC
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majority of RFMC members, may tend
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entrants to a fishery. However, the
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NOAA Photo LibraryEnforcement Partn
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The cost of VMS for fishing vessel
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Ecosystem-based management will als
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Recommendation 19-21The National Ma
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• Major government subsidies aime
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oad regions of the seas, the existi
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References1 U.S. Commission
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fishing line because they are not a
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Reviewing Authorities and Responsib
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The division of endangered species
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PhotolinkHumans love to observe mar
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Although not always caused by human
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Box 20.1 Making a Case for Ecosyste
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9 Flint, E. and Swift, K. eds. Seco
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Figure 21.1 Tropical Waters Are Hom
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appear to be exacerbating other cor
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task force are the U.S. Department
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exploitation by strictly regulating
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CHAPTER 22SETTING A COURSE FORSUSTA
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which are widespread in European sa
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cies, and provides recommendations
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Promoting International Improvement
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tissues of fish and shellfish. When
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Box 23.1 Special Focus on Microbial
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Figure 23.1 Harmful Algal Blooms on
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waters used for drinking and public
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The FDA is responsible for ensuring
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over control of offshore waters. On
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Figure 24.1 Offshore Oil and Gas Le
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Trends in Domestic Offshore Oil and
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Table 24.1 Federal Revenues from Of
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State Involvement in OCS Oil and Ga
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Figure 24.3 Oil Inputs to theNorth
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The estimated amount of natural gas
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Box 24.3 A Mighty Wind Blows in Cap
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commercial recovery, including offs
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PART VIIS CIENCE- BASED D ECISIONS:
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hydrologic, and atmospheric systems
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down about one-half of the highly-r
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ocean temperature can put the healt
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Natural Hazards• basic understand
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ating valuable information, includi
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The National Sea Grant College Prog
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The Value of Ocean ExplorationAbout
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Box 25.2 Primary Federal Agencies t
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Recommendation 25-7The Federal Geog
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CHAPTER 26ACHIEVING A SUSTAINED,INT
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An integrated ocean and coastal obs
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nation’s coastal and marine resou
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One obvious application of the obse
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Recommendation 26-5Ocean.US should
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Recommendation 26-7Ocean.US should
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Box 26.3 The National Weather Servi
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Box 26.4 An Investment with Big Ret
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Islands, and Palau). Examples of ca
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This chapter does not attempt to pr
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Furthermore, while some facilities
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University of Hawaii Marine CenterT
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cost of approximately $5 million; a
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communication capabilities are also
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A Coast Guard cutter and helicopter
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surface temperature measurements, a
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References1 Office of Technology As
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Box 28.1 Data Management Terminolog
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to gather and integrate data from s
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Figure 28.2 The Growing Demand for
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• coordinate federal agency effor
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Recommendation 28-3Ocean.IT should
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PART VIIITHE GLOBAL OCEAN:U.S. PART
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intergovernmental cooperation, and
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the LOS Convention are in the proce
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Table 29.1 (continued) U.S. Partici
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Meeting International ObligationsAl
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Box 29.1 Selected International Bod
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International Ocean Science Program
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Box 29.2 U.S. Involvement in Intern
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CHAPTER 30FUNDING NEEDS ANDPOSSIBLE
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Table 30.1 Summary of Costs Associa
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Table 30.1 (continued) Summary of C
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also require federal support to bec
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Other Ocean and Coastal Management
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Chapter 24 also addresses the poten
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Nevertheless, the need remains for
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• Multiple Use Management: The ma
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Index to the RecommendationsThe fol
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Department of DefenseArmy Corps of
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Recommendations to Regional BodiesR
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• expand education and outreach e
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Chapter 5: Advancing a Regional App
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Chapter 7: Strengthening the Federa
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• expanding the reach of each cen
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Recommendation 8-15The Office of Na
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Recommendation 12-4The National Dre
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Chapter 14: Addressing Coastal Wate
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Recommendation 14-12The U.S. Enviro
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Recommendation 16-6The U.S. Environ
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Recommendation 17-5The National Inv
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• the National Oceanic and Atmosp
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Recommendation 19-21The National Ma
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Chapter 22: Setting a Course for Su
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• work with the National Ocean Co
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• an interagency steering group,
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Chapter 29: Advancing International
Page 563: PART XA PPENDICESAPPENDIX AOCEANS A
Page 566 and 567: One Hundred Sixth CongressOf theUni
Page 568 and 569: (e) MEETINGS—(1) ADMINISTRATION
Page 570 and 571: Section 5. Biennial ReportBeginning
Page 572 and 573: ACRONYMS APPEARING IN THE REPORTAAA
Page 575 and 576: APPENDIX CLIVING NEAR…AND MAKINGA
Page 577 and 578: growing much faster. The region nea
Page 579 and 580: 2. DEFINING THE COASTWhat is meant
Page 581 and 582: almost doubled in population over t
Page 583 and 584: 4. THE COASTAL AND OCEANECONOMY OF
Page 585 and 586: Figure C.5 Changes in the Ocean Eco
Page 587 and 588: Figure C.7 Regional Distribution of
Page 589 and 590: 5. THE COASTAL AND OCEANECONOMY BEY
Page 591 and 592: 6. IMPLICATIONSThe changes in the c
Page 593 and 594: 7. THE FUTURE OF UNDERSTANDINGTHE C
Page 595 and 596: Table C.1 Population Change in the
Page 597 and 598: Table C.4 Population Growth by Coas
Page 599 and 600: REFERENCESApogee Research and Resou
Page 601: NOTES1 “Counties” in this conte
Page 604 and 605: SECTION 3OCEAN AND COASTAL-RELATED
Page 606 and 607: SECTION 1PURPOSE OF THIS GLOSSARYTh
Page 608 and 609: Council on Environmental QualityCre
Page 610 and 611: SECTION 3OCEAN AND COASTAL-RELATEDF
Page 614 and 615: Marine Plastic Pollution Researchan
Page 616 and 617: Outer Continental Shelf Lands ActTh
Page 618 and 619: Clean Water Act—National EstuaryP
Page 620 and 621: Farm Bill Conservation ProgramsCong
Page 623: APPENDIX EP ROPOSED S TRUCTURE FORC
Page 627 and 628: APPENDIX FC ONGRESSIONAL C OMMITTEE
Page 629 and 630: Table F.1 Congressional Committees
Page 631: Committee on Transportation and Inf
Page 634 and 635: Detailed Costs Associated with Reco
Page 646 and 647: INDEXacademic/academia, 260aquacult
Page 648 and 649: federal area-based programs,34, 150
Page 650 and 651: integration of multiplesources, 234
Page 652 and 653: programmatic permitting,312-314prot
Page 654 and 655: coordination and cooperationin, 100
Page 656 and 657: Department of Educationinitiative,
Page 658 and 659: invasive species, 252-263aquacultur
Page 660 and 661: common heritage of mankind,53deep s
Page 662 and 663:
monitoring programs, 228,230, 231,
Page 664 and 665:
jurisdiction issues, 72, 454nationa
Page 666 and 667:
Mid-Atlantic, 276, 278, 288mission,
Page 668 and 669:
single-hull vessel phase-outs,54, 2
Page 670 and 671:
Service, 215, 260Economic Research
Page 672:
pharmaceuticals and antibiotics,209
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