U.S. Ocean and Coastal Policy: Issues and Prospects

Transcription

1 U.S. Ocean and Coastal Policy: Issues and Prospects Biliana Cicin-Sain Center for the Study of Marine Policy University of Delaware Presented to the Ship and Ocean Foundation March 19, 2003

2 Purpose of the Presentation Provide an overview of major successes and problems in U.S. ocean and coastal policy Point to some emerging trends and accompanying policy challenges Discuss the ongoing work of the U.S. Commission on Ocean Policy

3

4 The U.S. EEZ

5 Major U.S. Ocean and Coastal Laws enacted in the 1970s Coastal Zone Management Act 1972 Marine Protection, Research, and Sanctuaries Act 1972 Clean Water Act 1972 Marine Mammal Protection Act Fishery Conservation and Management Act 1976 Outer Continental Shelf Lands Act Amendments 1978

6 Flaws in the Policy Framework While path-breaking in many ways, these programs were also flawed, in the sense that they were largely based on single-sector approaches to ocean governance Few, if any, effective mechanisms are available to reconcile conflicts, encourage area-wide planning and management, and set crosscutting national ocean policy

7 Policy Successes Coastal management programs established in 34 states and territories Great strides made in marine mammal protection In fisheries, Americanization of the 200-mile zone Significant strides made in the control of point sources of pollution Under National Estuary Program, planning completed for 20 estuaries Network of 14 marine sanctuaries and 22 estuarine sanctuaries in place Offshore oil and gas has generated significant energy supplies

8 Policy Successes Coastal management programs established in 34 states and territories

9 States in the CZM Program Coastal management programs established in 34 states and territories

10 Policy Successes Coastal management programs established in 34 states and territories Great strides made in marine mammal protection In fisheries, Americanization of the 200-mile zone

11 U.S. and Foreign Landings In fisheries, Americanization of the 200-mile zone

12 Policy Successes Coastal management programs established in 34 states and territories Great strides made in marine mammal protection In fisheries, Americanization of the 200-mile zone Significant strides made in the control of point sources of pollution

13 Policy Successes Coastal management programs established in 34 states and territories Great strides made in marine mammal protection In fisheries, Americanization of the 200-mile zone Significant strides made in the control of point sources of pollution Under the National Estuary Program, planning completed for 20 estuaries

14 National Estuary Program Under the National Estuary Program, planning completed for management of 20 estuaries

15 Policy Successes Coastal management programs established in 34 states and territories Great strides made in marine mammal protection In fisheries, Americanization of the 200-mile zone Significant strides made in the control of point sources of pollution Under NEP, planning completed for 20 estuaries Network of 14 marine sanctuaries and 22 estuarine sanctuaries in place

16 Policy Successes Coastal management programs established in 34 states and territories Great strides made in marine mammal protection In fisheries, Americanization of the 200-mile zone Significant strides made in the control of point sources of pollution Under NEP, planning completed for 20 estuaries Network of 14 marine sanctuaries and 22 estuarine sanctuaries in place

17 Marine Sanctuary Sites Network of 14 marine sanctuaries in place

18 Estuarine Reserves Network of 22 estuarine reserves in place

19 Policy Successes Coastal management programs established in 34 states and territories Great strides made in marine mammal protection In fisheries, Americanization of the 200-mile zone Significant strides made in the control of point sources of pollution Under NEP, planning completed for 20 estuaries Network of 14 marine sanctuaries and 22 estuarine sanctuaries in place Offshore oil and gas has generated significant energy supplies

20 Policy Problem Areas/1 Decline in fisheries Offshore oil moratoria Little evaluative data available on success of coastal management program Problems of implementation in estuary management plans Non-point sources of marine pollution = a major issue

21 Overutilization of Fishery Resource Adapted from U.S. DOC, NMFS 1995

22 Policy Problem Areas/1 Decline in fisheries Offshore oil moratoria Little evaluative data available on success of coastal management program Problems of implementation in estuary management plans Non-point sources of marine pollution = a major issue

23 Offshore Oil Moratoria

24 Policy Problem Areas/1 Decline in fisheries Offshore oil moratoria Little evaluative data available on success of coastal management program Problems of implementation in estuary management plans Non-point sources of marine pollution = a major issue

25 Policy Problem Areas/2 Newer uses of the EEZ, such as marine aquaculture and marine biotechnology, and newer challenges such as sea level rise, have not yet been addressed. EEZ declaration of 1983 and territorial sea declaration of 1988 have not yet been implemented Conflicts between non-endangered marine mammals and fisheries

26 Policy Problem Areas/2 Newer uses of the EEZ, such as marine aquaculture and marine biotechnology, and newer challenges such as sea level rise, have not yet been addressed. EEZ declaration of 1983 and territorial sea declaration of 1988 have not yet been implemented Conflicts between non-endangered marine mammals and fisheries

27 Policy Problem Areas/2 Newer uses of the EEZ, such as marine aquaculture and marine biotechnology, and newer challenges such as sea level rise, have not yet been addressed. EEZ declaration of 1983 and territorial sea declaration of 1988 have not yet been implemented Conflicts between non-endangered marine mammals and fisheries

28 Policy Problem Areas/3 Many conflicts among users, agencies, and levels of government Congress and the Administration have played an oversight role mainly issue-by-issue, and law-by-law, paying little, if any, attention, to how well the various parts, issues, and laws fit together Internationally, the U.S. has yet to ratify important treaties such as the Law of the Sea Convention and the Convention on Biological Diversity

29 Policy Problem Areas/3 Many conflicts among users, agencies, and levels of government Congress and the Administration have played an oversight role mainly issue-by-issue, and law-by-law, paying little, if any, attention, to how well the various parts, issues, and laws fit together Internationally, the U.S. has yet to ratify important treaties such as the Law of the Sea Convention and the Convention on Biological Diversity

30 Policy Problem Areas/3 Many conflicts among users, agencies, and levels of government Congress and the Administration have played an oversight role mainly issue-by-issue, and law-by-law, paying little, if any, attention, to how well the various parts, issues, and laws fit together Internationally, the U.S. has yet to ratify important treaties such as the Law of the Sea Convention and the Convention on Biological Diversity

31 U.S. Participation in Major Recent International Agreements Related to Oceans and Coasts

32 U.S. Participation in Major Recent International Agreements Related to Oceans and Coasts

33 Emerging Trends Continued coastal population growth (by 14% between 1990 and 2010), with attendant increase in user conflicts and competition for scarce ocean and coastal resources and space

34 Emerging Trends Attendant increases in coastal ocean degradation-declining water quality, fish depletion, habitat destruction

35 Emerging Trends Control of nonpoint sources of marine pollution (75% of pollutants entering the ocean) looms as a major challenge

36 Emerging Trends Coastal and marine tourism will continue to be the driver of coastal development

37 Emerging Trends Global trade, most of it by ship, will raise the need for modernized port facilities and provide deeper channels to accommodate larger and faster ships

38 Emerging Trends Worldwide fisheries decline (60% of global stocks are either overfished or fully harvested) means that the emphasis in this area will be on conservation and on rebuilding of stocks rather than on fisheries development

39 Emerging Trends Aquaculture (currently 25% of world fish supplies) is likely to grow, but ways must be found to avoid possible environmental problems

40 Emerging Trends Marine "bioprospecting" for marine organisms with valuable properties will increase, and policy frameworks for managing this use must be developed

41 Emerging Trends In offshore oil development, will face at least two major challenges: 1) finding environmentally sound methods of dismantling offshore oil platforms, and 2) deepwater development will raise issues of marine safety and environmental impact

42 Emerging Trends Economic globalization and interdependence will make cross-national collaboration even more essential

43 Challenges Properly addressing these challenges will require many decisions about what to protect and what to develop, where, when, and how, and for how long, in the American ocean--choices that will involve cross-cutting planning, analyses, and wise decision making Reform of our existing ocean governance system-- which still treats each ocean use separately and not as part of an interconnected whole--will be essential to achieve wise choices

44 Major Overarching Issues/1 Develop a national strategy for the development of the U.S. ocean--a plan for the conservation and development of the 200-mile Exclusive Economic Zone

45 Level of Economic Activity of Various Ocean and Coastal Sectors Sector Marine Transport Foreign Trade Waterborne Cargo Commercial Fisheries and Aquaculture Food harvested from the ocean Aquaculture Federal OCS Minerals Sales Federal Revenue Tourism and Recreation Travel and Tourism (total, all travel) Beach Expenditures (seven states only) Recreational Boating Saltwater Fishing Annual Level of Economic Activity $590 billion $78.6 billion $38 billion $0.8 billion $13-17 billion $3 billion $746 billion $74 billion $17.7 billion $15 billion

46 Major Overarching Issues/2 Create a national ocean council (with participation by federal agencies, coastal states and NGOs) to provide guidance and oversight of national ocean policy

47 Major Overarching Issues/3 Strengthen and enhance the ocean partnership between the federal government and the 35 coastal states and territories

48 Major Overarching Issues/4 Regain U.S. influence and leadership in international ocean affairs by ratifying the Law of the Sea Convention and the Convention on Biological Diversity and by extending U.S. collaboration with other nations in promoting sound coastal and ocean management around the world

49 Two Ocean Commissions Privately funded commission, the Pew Oceans Commission, established in Will report in May 2003 The public ocean commission: The U.S. Commission on Ocean Policy

50 U.S. Commission on Ocean Policy Established by the Oceans Act of 2000 Authorized by Congress on July 25, 2000 Signed into law by the President on August 7, 2000 Tasked to conduct research and give recommendations to Congress and the President for a comprehensive and coordinated national ocean policy Final recommendations to be delivered in mid-2003

51 Major Provisions of the Oceans Act To make recommendations for a coordinated and comprehensive national ocean policy that will promote: Protection of life and property Stewardship of ocean and coastal resources Protection of the marine environment and prevention o marine pollution Enhancement of maritime commerce Expansion of human knowledge of the marine environment Investments in technologies to promote energy and food security Close cooperation among government agencies U.S. leadership in ocean and coastal activities

52 Aims of the Oceans Act of 2000 The Commission is to coordinate with the States, a scientific advisory panel, and the public to develop a National Oceans Report The report: Must give equal consideration to environmental, technical feasibility, economic, and scientific factors The Commission s report will make recommendations to the President and Congress on ocean and coastal issues

53 Scope of Recommendations Under the Oceans Act The Commission s report must include the following items, as pertinent to ocean and coastal activities: An assessment of facilities (people, vessels, computers, satellites) A review of federal activities A review of the cumulative effects of federal laws A review of the supply and demand for ocean and coastal resources A review of the relationship between federal, state, and local governments, and the private sector A review of the opportunities for the investment in new products and technologies Recommendations for modifications to federal laws and/or the structure of federal agencies A review of the effectiveness of existing federal interagency policy coordination

54 Composition of the Commission Executive Director: Dr. Thomas R. Kitsos (Former director, Minerals Management Service) 16 Members, appointed by the President: Admiral James D. Watkins, USN (Ret.), Chairman (Consortium for Oceanographic Research and Education) Robert Ballard, Ph.D. (Woods Hole Oceanographic Institution) Mr. Ted A. Beattie (John G. Shedd Aquarium, American Zoo and Aquarium Association) Mrs. Lillian Borrone (Port Authority of New York and New Jersey)

55 Composition of the Commission Cont d list of members: Professor James M. Coleman (Coastal Studies Institute of Louisiana) Ms. Ann D Amato (City of Los Angeles) Mr. Lawrence Dickerson (Diamond Offshore Drilling, Inc.) Vice Admiral Paul G. Gaffney II, USN (National Defense University) Professor Marc J. Hershman (University of Washington School of Marine Affairs) Mr. Paul L. Kelly (Rowan Companies, offshore drilling) Mr. Christopher Koch (World Shipping Council)

56 Composition of the Commission Cont d list of members: Dr. Frank Muller-Karger (University of South Florida, Institute for Marine Remote Sensing) Mr. Edward B. Rasmuson (Rasmuson Foundation, banking) Dr. Andrew A. Rosenberg (University of New Hampshire) Mr. William D. Ruckeslhaus (Madrona Venture Group, past director of Environmental Protection Agency) Dr. Paul A. Sandifer (South Carolina Department of Natural Resources)

57 Commission Working Groups The Commission has established four Working Groups to address issues in the areas of: Governance Stewardship Investment and Implementation Research, Education and Marine Operations

58 Science Advisory Panel Required by the 2000 Oceans Act, to assist the Commission in preparing its report and to ensure that the scientific information considered by the Commission is based on the best scientific information available. The composition of this panel was determined by the Commissioners with advice from the National Academy of Sciences The panel is divided into the Commission s four working groups

59 Information Gathering Phase During this phase, the Commission held 14 regional meetings 2001: 2002: January Charleston, SC (Southeast) February 22 St. Petersburg, FL (Florida and the Caribbean) March 7-8 New Orleans, LA (Gulf of Mexico) April Los Angeles, CA (Southwest) May Honolulu, HI (Hawaii and Pacific Islands) June Seattle, WA (Northwest) July Boston, MA (Northeast) August Anchorage, AK (Alaska) September Chicago, IL (Great Lakes) October 30 Washington, D.C. November 22 Washington, D.C. January 24 Washington, D.C. 2003: September Washington, D.C. November Washington, D.C.

60 Commission Documents to Date Developing a National Ocean Policy: Mid-Term Report of the U.S. Commission on Ocean Policy Governing the Oceans Toward a National Ocean Policy: Ocean Policy Topics and Related Issues Document (Working Draft for Public Comment) Elements Document Law of the Sea Resolution Developing a National Policy for Our Ocean Future (DRAFT)

61 Emerging Recommendations Major points in the Draft document, Developing a National Policy for Our Ocean Future Harmonized U.S. ocean and coastal policies should: Guide the public and private sectors; and Promote a stewardship ethic These policies should strive to: Balance responsible development with sound conservation of ocean and coastal resources; and Explicitly recognize the interaction with atmospheric and watershed conditions

62 Emerging Recommendations The Commission notes the following essential elements for the development of a robust national ocean policy: A coordinated and comprehensive framework which defines the appropriate roles for: All governmental levels; The private sector; and Citizens/residents in managing ocean and coastal resources. Sustainable use of ocean resources in a manner that protects fragile and unique coastal and marine areas Public education in marine affairs and sciences that: Raises awareness of the nation s wealth of coastal and ocean resources, as well as the connection between the atmosphere and the ocean; Identifies the potential benefits and costs inherent in their use; and Explains the role of government, and citizens/residents as ocean stewards

63 Emerging Recommendations to Date Technical knowledge of the marine realm, to improve sustainable and beneficial use and conservation of marine resources. The need for the following information is cited: The interaction between the atmosphere and the ocean; Ocean features; Dynamics; and Ecosystems Ongoing monitoring leads to adaptive management of ocean resources

64 Emerging Recommendations to Date Public safety and security from natural and manmade hazards and threats along the nation s coasts and in U.S. ports, harbors, and waterways Ample opportunities for people to enjoy and benefit from the marine environment, including: Natural amenities; Aesthetic beauty; and Cultural and historic resources

65 Emerging Recommendations to Date U.S. commitment to global marine affairs through development and exchange of expertise with other nations regarding: Ocean and coastal governance; Stewardship; Education; Science; and Exploration

66 Emerging Recommendations to Date Investment, by both the private and public sectors for domestic and international benefit, in: Ocean-based commerce Marine technology development Resource protection and use Environmental restoration Recreation; and Expansion of marine knowledge A well-designed management system, ensuring insight and sustained attention to the implementation of all

67 Policy Options Under Discussion Guiding Principles for a national ocean policy Stewardship Sustainability Multiple Use Ecosystem-Based Management Protection of Biodiversity Transparency Timeliness Best Available Science Participatory Governance Accountability Adaptive Management Precautionary Approach

68 Policy Options Under Discussion At national level: Creation of a National Ocean Policy Framework by Presidential Executive Order, comprised of: Presidential Advisor on Oceans with a national ocean office in the White House The National Ocean Council is to be chaired by the Assistant to the President, and composed of cabinet secretaries of ocean agencies and directors of independent ocean agencies

69 Policy Options Under Discussion Advisory Committee to be composed of coastal governors, other appropriate state, local, and tribal representatives, research community, non-governmental organizations, and watershed organizations

70 Policy Options Under Discussion Possible phased approach for the implementation of its recommendations, in three phases: Phase I would include: Creation of the National Ocean Policy Framework, composed of an Executive Office of Ocean Policy, a National Ocean Council, and an Advisory Committee Oversight of the implementation of the Commission recommendations by the Executive Office and the Advisory Committee

71 Policy Options Under Discussion Collaboration of the Executive Office and the Council with state, local, and tribal government representatives, including the private sector, research community, non-governmental organizations, and watershed organizations to develop and strengthen recommendations requiring statutory change, including: - The National Ocean Policy Act - The second generation of coastal management - The creation of regional ocean councils

72 Policy Options Under Discussion Phase II would include: Collaboration of the Assistant to the President with state and local constituencies to guide the passage of necessary statutory changes Phase III would include: Implementation of statutory mandates from the National Ocean Policy Act and other Congressional actions

73 Policy Options Under Discussion At Regional Level, Possible creation of regional ocean councils-- possible functions: Addressing current problems and improving coordination Systematically assessing regional needs and activities Develop ecosystem-based regional plans Undertake pilot programs

74 Summary of Key Aspects under Discussion NATIONAL LEVEL Presidential Oceans Advisor, with national ocean office National Ocean Council (with advisory committee) REGIONAL LEVEL Regional ocean councils Watershed councils SPECIAL EMPHASIS ON: Public ocean stewardship Second generation coastal management Ocean and coastal observing system Informal public education on oceans