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Major Issues of National Ocean Policy 2001

Highlights of Major Issues by Source

The following was created as a reference tool to facilitate discussion on the future of US ocean policy. The sources of material were chosen for their relevance to prospective national marine policy topics that should be addressed by the Commission on National Ocean Policy. Selected issues were derived from these publications and grouped into one of two categories that appear in a table format: marine governance or marine resources and uses. Due to the complexity and overlapping nature of these topics, the issues are generalized and grouped to improve reference. A more detailed description of each source follows the tables.

List of Sources

1. Center for Marine Conservation. 1998. An Agenda for the Oceans. Washington, D.C. pp. 3.
2. Center for the Study of Marine Policy, National Ocean Service, NOAA, Ocean Governance Study Group. 1998. The Stratton Roundtable: Proceedings. Washington, D.C.
3. Cicin-Sain, Biliana and Robert W. Knecht. 2000. The Future of U.S. Ocean Policy: Choices for the New Century. Washington, D.C.: Island Press. pp. 325.
4. Conserving America's Oceans: A Blueprint-http://www.cmc-ocean.org/bp2001.pdf.
5. H. John Heinz III Center for Science, Economics and the Environment. 1998. Our Ocean Future: Themes and Issues Concerning the Nation's Stake in the Oceans Developed for Discussion During 1998, The Year of the Ocean. Washington, D.C. pp. 1-50.
6. House Oceans Caucus. 2001. http://www.house.gov/curtweldon/oceans/oceans/hocjune.htm.
7. Miles, Edward L. 1999. The Concept of Ocean Governance: Evolution Toward the 21st Century and the Principle of Sustainable Ocean Use. Coastal Management. 27(1): 1-30. Massachusetts: Taylor and Francis. pp. 6-7.
8. National Ocean Service, NOAA, Center for the Study of Marine Policy at the University of Delaware, The Ocean Governance Study Group. 1999. Trends and Future Challenges for U.S. National Ocean and Coastal Policy: Workshop Materials. Washington, D.C.
9. National Research Council. 1997. Striking a Balance: Improving Stewardship of Marine Areas. Washington, D.C.: National Academy Press. pp. 118-120.
10. Scheiber, Harry N., ed. 1998. Emerging Issues in National Ocean and Coastal Policy. Ocean Governance Policy Group. California.
11. U.S. Department of Commerce and U.S. Department of the Navy. 1998. National Ocean Conference: Oceans of Commerce, Oceans of Life. Monterey, California: U.S. GPO. Forward.
12. U.S. Department of Commerce. 1999. Turning to the Sea: America's Ocean Future. Washington, D.C.: U.S. GPO. pp. 8-62.
13. U.S. Federal Agencies with Ocean-related Programs. 1998. Year of the Ocean: Discussion Papers. Washington, D.C. Internet reference: http://www.yoto98.noaa.gov/.
14. Vallega, Adalberto. 2001. Sustainable Ocean Governance: A geographical perspective. New York: Routledge.

Table I: Issues of Marine Governance

Issues	Sources
	1	2	3	4	5	6	7	8	9	10	11	12	13	14
Creation of National Marine Council/Task Force
Creation of Regional Marine Councils
EEZ Management
Federal and State Cooperation
International Leadership- UNLOSC
National Strategy-resource allocation, facilities, security, economic efficiency
Zoning Plan

Table II: Issues of Marine Resources and Uses

Issues	Sources
	1	2	3	4	5	6	7	8	9	10	11	12	13	14
Aquaculture
Climate change and global warming
Education-institutions
Fisheries restoration
Habitat protection, restoration, ecosystem management-erosion, coral reefs, estuaries, MPAs, etc.
Hazards
Integrated coastal management-coastal community issues
Marine protected and endangered species
Offshore oil and gas development
Ports and waterways-transportation, safety, globally competitive
Recreation and tourism
Science and technology-biotechnology, research, exploration, access to military data
Submerged land use-hydrothermal vents, mining, gas hydrates
Underwater cultural heritage
Water quality and pollution-dumping, discharge, runoff, etc.

Description of Sources

1. An Agenda for the Oceans
   Center for Marine Conservation. 1998. An Agenda for the Oceans. Washington, D.C.

   A 24 page color brochure encouraging action in the following marine areas:

   • Fashion A U.S. Ocean Policy For the 21^st Century
   • Revitalize America's Marine Fisheries
   • Clean America's Ocean Waters
   • Invest in the Future of America's Oceans
   • Strengthen and Expand MPAs
   • Save America's Coral Reefs
   • Lead International Efforts to Protect the Oceans
   • Protect Endangered Marine Wildlife
   • Explore America's Marine Wildlife and Ocean Waters
   • Promote Ocean Stewardship and Education

2. The Stratton Roundtable: Proceedings
   Center for the Study of Marine Policy, National Ocean Service, NOAA, Ocean Governance Study Group. 1998. The Stratton Roundtable: Proceedings. Washington, D.C.

   A collection of 12 short papers pertaining to lessons learned from the Stratton Commission's review of national ocean policy. Relevant papers include:

   1. Issues for A New Ocean Policy Commission: The Changing Regime of the High Seas by Lewis M. Alexander, pp. 29-30.

      • Environmental Protection and Preservation
      • Conservation and Management of Living Marine Resources
      • Protection of the Underwater Cultural Heritage
      • Marine Scientific Research

   2. The Stratton Commission: An Historical Perspective of Policy Studies in Ocean Governance, 1969 and 1998 by Harry N. Scheiber, pp. 31-37.

      • Effective government coordination
      • Ecosystem design

   3. The Stratton Commission and Future Development of US Management Policy for Its EEZ by Roger E. McManus, pp. 41-46.

   4. The Need to Re-Consider US Coastal Policy, by Jock H. Archer and Richard Delaney, pp. 47-48.

   5. Our Ocean Future by Charles A. Bookman, pp. 49-51.

      • Integrated management-infrastructure, institutions
      • Managing the coasts for economic and environmental prosperity
      • Protecting and restoring fisheries and other living marine resources
      • Advancing and applying ocean science and technology

   6. Ocean and Coastal Trends, 1969-98, by Daniel J. Basta et al., pp. 55-62.

      • Dredging
      • Waterborne commerce
      • Saltwater recreational fishing
      • Fishing catch and effort
      • Beach closures
      • Health risks
      • Eutrophication
      • Agriculture
      • Point and nonpoint sources
      • Fish kills
      • Shellfish
      • Contamination of the marine environment
      • Superfund sites
      • Toxic releases
      • Oil spills and response
      • Hazards
      • Population
      • Urban land area
      • Housing
      • Manufacturing
      • Income
      • Water use

3. Summary of Needed Changes in National Ocean Policy
   Cicin-Sain, Biliana and Robert W. Knecht. 2000. The Future of U.S. Ocean Policy: Choices for the New Century. Washington, D.C.: Island Press. pp. 325.

   A book of 328 pages detailing a "comprehensive overview of key issues and concerns that are essential to formulating and implementing ocean policy. It provides an in-depth analysis of the evolution of U.S. ocean policy and a timely discussion of the most important ocean and coastal issues facing the nation. The book assesses the current status of ocean policy, examines national and international trends, and considers choices for policymakers in the 21st century."

   Major Overarching Issues

   • The need for a national strategy for the sustainable development of the U.S. ocean-an EEZ plan.
   • The need for an effective policy and program coordination mechanism at the federal level-a national ocean council.
   • The need to strengthen and enhance the partnership between the federal government and the thirty-five coastal states and territories.

   Important Ocean Issues Demanding Policy Attention

   • Restoring the abundance of America's fisheries.
   • Returning coastal and estuarine waters to a swimmable and fishable condition.
   • Making ports and waterways globally competitive.
   • Maintaining recreational beaches in the face of increasing erosion.
   • Revising coastal planning and emergency management programs, including flood insurance, to encourage a measured retreat from hazardous coastal areas.
   • Reforming the federal offshore oil and gas programs in a way that is satisfactory to the affected interests.
   • Formulating a credible and workable plan for encouraging the development of marine aquaculture.
   • Promoting the development of promising new ocean-related technology such as marine biotechnology.
   • Regaining U.S. leadership in ocean affairs at the international level by, among other things, accession to the Law of the Sea Convention and the Convention on Biological Diversity.

4. Conserving America's Oceans: A Blueprint
   www.cmc-ocean.org/bp2001.pdf

   Issue papers from a collaboration of eleven organizations that outline actions the Bush Administration can take, both in the first 100 days and in the future, to ensure that America's oceans are productive and healthy for future generations.

   1. Promote ocean governance

      • Appoint adept resource managers and conservationists to key positions in NOAA that will ensure that decision-making follows scientifically sound precautionary principals.
      • Make appointments including strong marine conservationists for the Commission on Ocean Policy within the first 30 days for the Administration and facilitate the Commission's work.
      • Establish a Cabinet-level Oceans Task Force early in the Administration to resolve national marine policy needs.
      • Establish a federally coordinated ocean exploration and research program that addresses ocean conservation and highlights education and outreach.

   2. Conserve and restore fish populations

      • Fully implement the existing provisions of the Magnuson-Stevens Act and strengthen the law through reauthorization, emphasizing the precautionary approach, and the need to balance fishery management bodies with adequate representation of the public interest.
      • Renew efforts to secure ratification and begin the implementation of key international agreements, such as the UN Straddling Stocks Agreement, the new Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, and the FAOP Code of Conduct for Responsible Fisheries.
      • Establish "no take" marine reserves to ensure the recovery of depleted fish stocks and provide future stability.

   3. Clean America's ocean waters

      • Reauthorize the CZMA with strong non-point source pollution provisions and adequate funding for state non-point programs.
      • Strengthen the CWA with an enforceable national program to prevent polluted runoff from cities, suburbs, farms, and mining and timber operations, including setting water quality standard for nutrients.
      • Develop, implement, and enforce new regulations and standards for cruise ship wastewater discharges, and reduce the second largest cause of marine species endangerment-invasive species.
      • Set marine water quality standards and prevent ocean discharges into special ocean and coastal sites.

   4. Recover and protect endangered marine wildlife

      • Use existing laws, such as the MMPA and the ESA to recover and protect marine wildlife and their habitats.
      • Reauthorize the MMPA.
      • Develop a national policy and action plan to mitigate the impacts of noise on marine mammals.
      • Lead the effort to improve and fully implement international agreements to protect endangered and threatened marine wildlife, including marine mammals and sea turtles.

   5. Protect critical coastal and marine ecosystems

      • Create an effective national system of U.S. marine protected areas.
      • Minimize development on barrier islands and other critical habitats.
      • Improve and expand protection of U.S. coral reefs.
      • Take steps to ensure that existing undeveloped oil and gas leases off California, Florida, North Carolina, and Alaska are never developed.

   6. Emerging Issues

      • Develop a policy and regulations to control environmental impacts of biotechnology prospecting.
      • Develop regulations to control environmental impacts of development of new sources of energy in the marine environment, including gas hydrates.
      • Develop an aquaculture policy to address the significant problems of escapement, pollution, and habitat modifications, as well as aquaculture's potential benefits.
      • Prohibit the ocean dumping of carbon dioxide produced through human activities.

5. Our Ocean Future
   H. John Heinz III Center for Science, Economics and the Environment. 1998. Our Ocean Future: Themes and Issues Concerning the Nation's Stake in the Oceans Developed for Discussion During 1998, The Year of the Ocean. Washington, D.C.

   A 57 page paper discussing three main keys to ocean understanding: the challenge of sustainable coasts, protecting and restoring fisheries, science and technology.

   1. Managing the Coasts for Economic and Environmental Prosperity

      • Stresses on the Coastal Environment
      • Nutrients, Chemicals, and Debris
      • Transportation-Related Stresses
      • Development-Related Stresses
      • Enhancing and Sustaining Coastal Environmental Quality
      • Marine Protected Areas
      • Shoreline Management
      • Offshore Oil and Gas Development
      • Future of U.S. Ports
      • Governance and Management

   2. Protecting and Restoring Fisheries and Other Living Marine Resources

      • Overfishing
      • Overcapitalization
      • Bycatch
      • Habitat Protection
      • Aquaculture
      • Interjurisdictional Fisheries
      • Ecosystem Management

   3. Advancing and Applying Ocean Science and Technology

      • International Dimensions of Ocean Science and Technology
      • Needs for New Facilities and Institutions
      • Human and Fiscal Resources

6. House Oceans Caucus
   http://www.house.gov/curtweldon/oceans/oceans/hocjune.htm

   Proposal: Assess the challenges and opportunities for developing an effective and coordinated governance framework to guide U.S. ocean and coastal management for the 21st century. Assess the current U.S. ocean governance process and explore possible opportunities to improve coordination and implementation of U.S. policies and plans regarding ocean resources. Effort would review past recommendations from wide variety of sources and focus on possible legislative and other actions.

   Several areas are of special concern and could be used as specific examples:

   • Improved technology has opened up new possibilities for exploration and exploitation of marine resources. However, a variety of issues concerning ownership, patents, royalties, etc., are not clear, particularly where the eventual bioproduct is a byproduct from ocean resources collected from the U.S. EEZ. Bioprospecting and exploration of ocean resources raises a number of issues of ocean governance that could be addresses as an example for broader discussion.
   • Placement of aquaculture facilities, marine protected areas, and fisheries areas in U.S. ocean areas: How to coordinate allocation of these uses in an overall framework of "zoning" of U.S. coastal and ocean areas? A coordinated approach to zoning ocean uses is needed to avoid costly conflicts or negative environmental impacts.

7. The Concept of Ocean Governance
   Miles, Edward L. 1999. The Concept of Ocean Governance: Evolution Toward the 21^st Century and the Principle of Sustainable Ocean Use. Coastal Management. 27(1): 1-30. Massachusetts: Taylor and Francis, pp. 6-7.

   "There is an urgent need to breathe life into the notion of 'sustainability' to make it into a fundamental norm of the new world ocean regime. This article explores what such an effort would require in terms of norms, institutional arrangements, and substantive policies."

   • EEZ
   • Fisheries management system
   • Pollution
   • Land-use planning
   • Industrial and agriculture activities
   • Waste disposal
   • Pollution from ships
   • Ports and shipping
   • Off-shore mineral resources
   • Artificial islands, installations, and structures
   • Tourism and recreation
   • Population
   • Global climate change
   • Living resources

8. Trends and Future Challenges for U.S. National Ocean and Coastal Policy: Workshop Materials
   National Ocean Service, NOAA, Center for the Study of Marine Policy at the University of Delaware, The Ocean Governance Study Group. 1999. Trends and Future Challenges for U.S. National Ocean and Coastal Policy: Workshop Materials. Washington, D.C.

   A collection of 20 short papers addressing trends and challenges in national ocean and coastal policy.

   • Thinking About the Future of US Ocean and Coastal Policy by Biliana Cicin-Sain, Robert W. Knecht, and Nancy Foster, pp. 1.
   • Ocean and Coastal Futures: The Global Context by Allen Hammond, pp. 5.
   • Global Trends in Fisheries and Aquaculture by Richard Grainger, pp. 9.
   • The Coastal Population Explosion, by Don Hinrichsen, pp. 15.
   • Coastal Megacities and Seal Level Rise, by Rosemary Hinkel, pp. 19.
   • Trends in US Coastal Regions, 1970-1998, by Charles Bookman, Tom Culliton, and Maureen Warren, pp. 25.
   • New Approaches to Environmental Management: Lessons from the Chesapeake Bay, by Donald F. Boesch, pp. 29.
   • Perspectives on Marine Water Quality, by Tim Eichenberg, pp. 33.
   • Conserving Ocean Biodiversity: Trends and Challenges, Thomas Hourigan, pp. 37.
   • Global Trends in Marine Protected Areas, by Tundi Agardy, pp. 43.
   • Changing Ship Technology and Port Infrastructure Implications, by Rod Vulovic, pp. 49.
   • Deepwater Offshore Oil Development: Opportunities and Future Challenges, by Paul W. Kelly, pp. 55.
   • Assessing the Economic Benefits of America's Coastal Regions, by Howard Marlowe, pp. 59.
   • Marine Aquaculture in the United States: Current and Future Policy and Management Challenges, by Richard Devoe, pp. 63.
   • Aquaculture in the US EEX: Legal and Regulatory Concerns, by Alison Rieser and Susan Bunsick, pp. 73.
   • The Potential for the Marine Biotechnology Industry, by Shirley Pomponi, pp. 79.
   • Challenges Facing the US Commercial Fishing Industry, by Pietro Parrvano, addendum.
   • Building Capacity for Ocean Management: Recent Developments in US West Coast States, by Marc J. Hershman, pp. 85.
   • Coastal States' Challenges, by Sarah Cooksey, pp. 91.
   • Development of a Comprehensive Ocean Policy for Florida, by James F. Murley and Laura Cantral, pp. 93.

9. Sustainable Ocean Governance
   National Research Council. 1997. Striking a Balance: Improving Stewardship of Marine Areas. Washington, D.C.: National Academy Press.

   Book of 177 pages which "is a clarion call for a more coherent approach to the management of the nation's marine resources. In this report, a committee of experts proposes principles, goals, and a management framework for improved marine area governance, including new governance structures at the federal and regional levels and the adoption of innovative processes in existing programs and regulatory systems."

   Improving Governance

   • A National Marine Council should be established to define national objectives in the marine environment and to coordinate the activities of federal agencies, state agencies, and interested parties in the private sector.
   • Regional councils authorized by the National Marine Council should be created where there are serious conflicts or high resources values and existing programs are not available or not effective. Regional councils can provide technical assistance on marine management issues, facilitate the use of scientific and monitoring information, develop alternative process for resolving disputes, facilitate participation by local interest in governance decisions, and pursue contractual arrangements with stakeholders and other participants to achieve management goals.
   • Federal officials, working with their state counterparts should attempt to maximize existing programs, especially where there are urgent problems and existing programs could be reconfigured relatively easily to provide some, or all, of the benefits associated with regional councils.

   Improving Management

   • Management tools should be explored and adapted as needed to improve marine governance, both by the proposed regional marine councils and by existing marine management programs. Management tools include zoning, enhanced systems of liability or compensation for economic and environmental damage, user charges and marketable use rights, and negotiating the mitigation of activities that are potentially harmful to other resource users and values.
   • In appropriate situations, limiting access by creating alternative rights, such as community access rights, controlled access, or individual use rights, should be considered.
   • Management agencies should make every effort to estimate the value of non-marketable marine services, such as recreation and ecosystem stability, and should reflect those values in management decisions and decision-making.
   • The federal government should ensure compliance with legal requirements by improving surveillance, strengthening sanctions, and involving all elements of the marine community in more transparent rule-making and enforcement in marine areas.
   • A wide range of financing mechanisms that are now used on land should be considered for the marine environment. These include performance bonds, use or resource-based taxes, grants and loans, special assessment districts, recovery of costs for government services, tax-increment financing.
   • Existing federal and state coastal and marine programs should examine and, where appropriate, adopt new governance mechanisms and management tools that foster coordination and cooperation.

10. Emerging Issues in National Ocean and Coastal Policy
    Scheiber, Harry N., ed. 1998. Emerging Issues in National Ocean and Coastal Policy. Ocean Governance Policy Group. California.

    A collection of 12 short papers on a variety of marine management topics.

    • The Interplay of Natural Systems and Political Jurisdictions: The Challenge of Large Marine Ecosystems, by Lawrence Juda, pp. 3.
    • The Precautionary Principle as Applied to Marine Acoustic Activities, by Emily A. Gardner, pp. 9.
    • The Precautionary Principle: An Emerging Theme in Environmental Policymaking, by Rob Wilder, pp. 15.
    • Sea Turtles and Trade, by Tim Eichenberg, pp. 19.
    • The Recent WTO Decision on Sea Turtles and Its Impact on International Environmental Law, by Richard J. McLaughlin, pp. 2.
    • Vessel Monitoring Systems: A New Technology For the Transition to Sustainable Fisheries, Christopher J. Carr, pp. 31.
    • Emerging Challenges for US Marine Biotechnology, by Robert W. Knecht, Biliana Cicin-San, and Dosoo Jang, pp. 35.
    • Biotechnology, Marine Genetic Resources, and the Dualistic Heritage of Ocean Law Doctrines, by Harry N. Scheiber, pp. 39.
    • Alaska Fisheries Management: A Case Study of Power and Politics, by James E. Wilen, pp. 45.
    • The Coastal Zone Management Act and the States, by Joseph A. Uravitch, pp. 49.
    • New Directions for Ocean Policy, by Jon M. Van Dyke,pp. 51.
    • Looking Back and Thinking Ahead about United States Oceans Policy, Comments of John Briscoe, pp. 53.

11. Ocean Initiatives for the 21st Century
    U.S. Department of Commerce and U.S. Department of the Navy. 1998. National Ocean Conference: Oceans of Commerce, Oceans of Life. Monterey, California: U.S. GPO.

    A glossy 240 page publication covering the National Ocean Conference of 1998 including information on the following new efforts announced by the Clinton administration:

    • Building Sustainable Fisheries
    • Creating Ports for the 21^st Century
    • Joining the United Nations Convention on the Law of the Sea
    • Protecting Coral Reefs
    • Protecting Our Oceans from Offshore Oil Drilling
    • Exploring the Last U.S. Frontier
    • Protecting Our Beaches, Coastal Waters, and Health
    • Monitoring Climate and Global Warming
    • Providing Public Access to Military Data and Technology

12. Turning to the Sea: America's Ocean Future
    U.S. Department of Commerce. 1999. Turning to the Sea: America's Ocean Future. Washington, D.C.: U.S. GPO.

    A concise overview of current American ocean and coastal issues falling under four headings: sustaining the economic benefits of the oceans, strengthening global security, protecting marine resources, and discovering the oceans.

    1. Sustaining the Economic Benefits of the Oceans

       • Marine Transportation
       • Safe Navigation
       • Coastal Tourism
       • Coastal Communities
       • Domestic Fisheries
       • International Fisheries
       • Aquaculture
       • Biotechnology
       • Offshore Oil and Gas

    2. Strengthening Global Security

       • The Law of the Sea Convention
       • Freedom of Navigation
       • Maritime Law Enforcement

    3. Protecting Marine Resources

       • Submerged Heritage Resources
       • Coral Reefs
       • Estuaries
       • Marine Protected Species
       • Marine Protected Areas
       • Ocean and Coastal Habitats
       • Water Quality
       • Non-indigenous Species
       • Marine Debris

    4. Discovering the Oceans

       • Ocean Education
       • Ocean Observations
       • Ocean Research
       • Ocean and Coastal Exploration

13. Year of the Ocean: Discussion Papers
    U.S. Federal Agencies with Ocean-related Programs. 1998. Year of the Ocean: Discussion Papers. Washington, D.C. Internet reference: http://www.yoto98.noaa.gov/.

    Twelve chapters covering marine issues from the perspective of the United States government including:

    • The US Marine Transportation System
    • The Oceans and National Security
    • Ensuring the Sustainability of Ocean Living Resources
    • Ocean Energy and Minerals: Resources for the Future
    • Perspectives on Marine Environmental Quality Today
    • Coastal Tourism and Recreation
    • Impacts of Global Climate Changes-With Emphasis on US Coastal Areas
    • Mitigating the Impacts of Coastal Hazards
    • Opportunities and Challenges for Marine Science, Technology, and Research
    • A Survey of International Agreements
    • Marine Education USA: An Overview
    • The Legendary Ocean: The Unexplored Frontier

14. Sustainable Ocean Governance: A geographical perspective
    Vallega, Adalberto. 2001. Sustainable Ocean Governance: A geographical perspective. New York: Routledge.

    A topical book of 274 pages that "examines ocean governance from a perspective which has taken shape as a result of efforts made in the international arena. The text focuses on the cardinal aspects and issues of ocean governance and studies ecological, economic and legal management dimensions in their proper context."

    • Science and policy facing the ocean, pp. 1.
    • The ocean ecosystem: the abiotic component, pp. 21.
    • The ocean ecosystem as the focus of governance, pp. 40.
    • Legal and jurisdictional frameworks, pp. 59.
    • The role of ocean resources, pp. 82.
    • Coastal management: the evolving approach, pp. 115.
    • Sustainable development in coastal areas, pp. 136.
    • Integrated coastal management programs, pp. 164.
    • The regional scale of ocean management, pp. 190.
    • The ocean from a global perspective, pp. 211.

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