Marine PolicyMarine Policy

IntroductionIntroduction• Marine Policy is an academic field in Marine Policy is an academic field in

which approaches from social which approaches from social science disciplines are applied to science disciplines are applied to problems arising out of the human problems arising out of the human use of the oceansuse of the oceans

• Legal property rights of the ocean Legal property rights of the ocean often differ from those found on landoften differ from those found on land

General Policy AreasGeneral Policy Areas• Environment;Environment;

– Ocean/climate change, hypoxia, spillsOcean/climate change, hypoxia, spills• Natural ResourcesNatural Resources

– Fishery management, ocean minerals Fishery management, ocean minerals • EnergyEnergy

– Offshore oil, tidal powerOffshore oil, tidal power• Land UseLand Use

– Coastal zone management, zoning, barrier beach Coastal zone management, zoning, barrier beach protectionprotection

• Waste Management Waste Management – Waste disposal, marine debris, nuclear waste Waste disposal, marine debris, nuclear waste

disposaldisposal

General Policy AreasGeneral Policy Areas• TransportationTransportation

– Shipping/ports, international rights of passageShipping/ports, international rights of passage• DefenseDefense

– Zoned training and testing areas, atomic zonesZoned training and testing areas, atomic zones• Foreign PolicyForeign Policy

– Legal geography, piracy, refugees, tradesLegal geography, piracy, refugees, trades• Emergency ManagementEmergency Management

– Weather prediction, hurricanes, harmful algal Weather prediction, hurricanes, harmful algal bloomsblooms

• Science Policy Science Policy – Funding for research, large-scale science programsFunding for research, large-scale science programs

UNCLOSUNCLOS• United Nations Conference on the Law United Nations Conference on the Law

of the Seaof the Sea• UNCLOS I (1956-58)UNCLOS I (1956-58)

– Geneva, SwitzerlandGeneva, Switzerland– Though it was considered successful, it Though it was considered successful, it

left open the issue of breadth of territorial left open the issue of breadth of territorial waterswaters

• UNCLOS II (1960)UNCLOS II (1960)– Geneva, SwitzerlandGeneva, Switzerland

UNCLOSUNCLOS• UNCLOS III (1973-1982)UNCLOS III (1973-1982)

– Internal watersInternal waters– Territorial WatersTerritorial Waters

•12 Nautical miles, 12 Nautical miles, – Contiguous zoneContiguous zone

•12 more nm; customs, taxation, immigration, 12 more nm; customs, taxation, immigration, pollutionpollution

– Exclusive Economic ZonesExclusive Economic Zones•200 nm, exploitation rights200 nm, exploitation rights

– Continental ShelfContinental Shelf•To the edge of the continental margin/200 nmTo the edge of the continental margin/200 nm

MARPOL ConventionMARPOL Convention• International Convention for the International Convention for the

Prevention of Pollution from Ships (1973-Prevention of Pollution from Ships (1973-78)78)

• (Marine Pollution)(Marine Pollution)• To minimize pollution of the seas; To minimize pollution of the seas;

dumping, oil and exhaust pollutiondumping, oil and exhaust pollution• To protect the environment by elimiating To protect the environment by elimiating

all pollution all pollution • Countries signed under MARPOL must Countries signed under MARPOL must

follow all the requirements follow all the requirements

ConventionsConventions• IWC (International Whaling Commision)(1946)IWC (International Whaling Commision)(1946)

– Regulates the global sustainable taking of whalesRegulates the global sustainable taking of whales• IMO (International Maritime Organization) IMO (International Maritime Organization)

(1958)(1958)– International cooperation International cooperation

• Ramsar Convention (1971)Ramsar Convention (1971)– National initiatives to conserve wetlands National initiatives to conserve wetlands

• London Convention (1972)London Convention (1972)– First global standards to govern the dumping of First global standards to govern the dumping of

wastes into the oceanwastes into the ocean

Institutions Institutions • Important regional institutions for coastal Important regional institutions for coastal

and ocean management and ocean management • UNEP (United Nations Environment UNEP (United Nations Environment

Program)Program)– Addresses coastal/marine environment problemsAddresses coastal/marine environment problems

• Man and the Biosphere Program Man and the Biosphere Program – Nations working to solve environment problems Nations working to solve environment problems – Establishing MPAsEstablishing MPAs

• The Great Lakes ProgramThe Great Lakes Program– Protection and management of the Great Lakes Protection and management of the Great Lakes

Marine Protected AreasMarine Protected Areas• Areas of the ocean in which some or Areas of the ocean in which some or

all of the natural and cultural all of the natural and cultural resources are protected resources are protected

• 328 sites in the U.S. 328 sites in the U.S. – 251 Federally managed 251 Federally managed

•National Marine Sanctuaries (14 sites)National Marine Sanctuaries (14 sites)•National Wildlife Refuge System (162 sites)National Wildlife Refuge System (162 sites)•National Park Service/National Seashore (39 National Park Service/National Seashore (39

sites)sites)•National Marine Fisheries Service (36 sites)National Marine Fisheries Service (36 sites)

• Marine Reserves Marine Reserves

Land ManagementLand Management• Coastal Zone Management Act Coastal Zone Management Act

– 19721972– Encourages coastal states to develop Encourages coastal states to develop

and implement coastal zone and implement coastal zone management plans (CZMPs)management plans (CZMPs)

– U.S. National policy to preserve, protect, U.S. National policy to preserve, protect, develop, and where possible, restore or develop, and where possible, restore or enhance, the resources of the Nation’s enhance, the resources of the Nation’s coastal zone coastal zone

Pollution Pollution • Most pollution acts either;Most pollution acts either;

– Prohibit the dumping of materials Prohibit the dumping of materials known to be harmfulknown to be harmful– Specify the criteria under which other Specify the criteria under which other

materials may be dumped materials may be dumped (environmentally friendly substances) (environmentally friendly substances)

• The basic premise of each seems to The basic premise of each seems to be that land disposal is preferable to be that land disposal is preferable to marine disposal marine disposal

Pollution Pollution • Point Source PollutionPoint Source Pollution

– These pollutants have easily determined These pollutants have easily determined starting pointsstarting points•Factories, sewage treatment pipes, dumping Factories, sewage treatment pipes, dumping

toxins, wastewater toxins, wastewater • Nonpoint Source PollutionNonpoint Source Pollution

– These pollutants have indirect beginnings These pollutants have indirect beginnings •Oil, fertilizers, urban runoff, agricultural run off Oil, fertilizers, urban runoff, agricultural run off

Pollution Pollution • Rivers and Harbors Act (1899)Rivers and Harbors Act (1899)

– A prohibition of dumping refuse into navigable US A prohibition of dumping refuse into navigable US waterswaters

• Federal Water Pollution Control Act(1948)Federal Water Pollution Control Act(1948)– (Clean Water Act) (Clean Water Act) – Addresses Addresses point sourcespoint sources of municipal and industrial of municipal and industrial

waste and spills of oil and hazardous materials waste and spills of oil and hazardous materials • Marine Protection, Research, and Sanctuaries Act Marine Protection, Research, and Sanctuaries Act

(1972)(1972)– Ocean Dumping ActOcean Dumping Act– Controls dumping of waste at sea, at-sea research, Controls dumping of waste at sea, at-sea research,

establishment of marine sanctuariesestablishment of marine sanctuaries

PollutionPollution• Ocean Dumping Ban Act (1991)Ocean Dumping Ban Act (1991)

– Banned all sewage and industrial waste Banned all sewage and industrial waste dumping in the U.S. offshore watersdumping in the U.S. offshore waters

• Oceans Act of 2000 (2000)Oceans Act of 2000 (2000)– Establishes a 16 member U.S. Commission Establishes a 16 member U.S. Commission

on Ocean Policyon Ocean Policy– Undertake a thorough review of U.S. Undertake a thorough review of U.S.

ocean and coastal programs and activitiesocean and coastal programs and activities

Marine BiodiversityMarine Biodiversity• National Wildlife Refuge SystemNational Wildlife Refuge System

– 19031903– Managed by the United States Fish and Managed by the United States Fish and

Wildlife Service Wildlife Service – Lands and waters set aside to conserve Lands and waters set aside to conserve

America’s fish, wildlife, and plantsAmerica’s fish, wildlife, and plants– Protects the habitats of wildlife Protects the habitats of wildlife

populations, and the wildlife populations, and the wildlife

Marine BiodiversityMarine Biodiversity• National Estuarine Research Reserve National Estuarine Research Reserve

System System – 19721972– Protects coastal and estuarine habitats for Protects coastal and estuarine habitats for

long term research, water-quality long term research, water-quality monitoring, education, and coastal monitoring, education, and coastal stewardshipstewardship

– 28 protected areas28 protected areas– Works in partnership with NOAAWorks in partnership with NOAA

Marine Biodiversity Marine Biodiversity • Marine Mammal Protection Act (MMPA)Marine Mammal Protection Act (MMPA)

– 19721972– Prohibits the taking of marine mammals Prohibits the taking of marine mammals

•Take: Hunting, killing, capture, harassment Take: Hunting, killing, capture, harassment •Harassment: tormenting, annoying, disturbing Harassment: tormenting, annoying, disturbing

it’s behavioral patterns it’s behavioral patterns – Migration, breathing, nursing, breeding, feeding, or Migration, breathing, nursing, breeding, feeding, or

shelteringsheltering– First act of Congress to call specifically for First act of Congress to call specifically for

an ecosystem approach to natural an ecosystem approach to natural resource management and conservation resource management and conservation

Marine Biodiversity Marine Biodiversity • Endangered Species ActEndangered Species Act

– 19731973– Administered by NOAA and the U.S. Fish Administered by NOAA and the U.S. Fish

and Wildlife Serviceand Wildlife Service– Designed to prevent any endangered Designed to prevent any endangered

species from becoming extinct because species from becoming extinct because of human activities of human activities

Marine Biodiversity Marine Biodiversity • Magnuson-Stevens Fisheries Magnuson-Stevens Fisheries

Conservation and Conservation and Management Act (MFCMA)Management Act (MFCMA)– 19761976– The primary law governing The primary law governing

marine fisheries management marine fisheries management in the United Statesin the United States

– Conservation of fishery Conservation of fishery resources resources

– Amended several times in Amended several times in response to the continued response to the continued overfishing of major stocks overfishing of major stocks

U.S. Senate Committees U.S. Senate Committees • Committee on Commerce, Science, and Committee on Commerce, Science, and

TransportationTransportation– Jurisdiction includes ocean and atmospheric Jurisdiction includes ocean and atmospheric

policy, generally: NOAA, NASA, U.S. Coast policy, generally: NOAA, NASA, U.S. Coast Guard, MARAD, and Marine Mammal Guard, MARAD, and Marine Mammal Commission programs Commission programs

• Committee on Environment and Public Committee on Environment and Public WorksWorks– Jurisdiction includes environmental protectionJurisdiction includes environmental protection

U.S. Senate CommitteesU.S. Senate Committees• Committee on Energy and Natural Committee on Energy and Natural

Resources Resources – Jurisdiction includes energy resource Jurisdiction includes energy resource

developmentdevelopment• Committee on Agriculture, Nutrition, and Committee on Agriculture, Nutrition, and

ForestryForestry– Jurisdiction includes: USDA Forest Service, Jurisdiction includes: USDA Forest Service,

Natural Resources Conservation Service Natural Resources Conservation Service programs programs