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Marine Policy
Introduction
• Marine Policy is an academic field in which
approaches from social science disciplines
are applied to problems arising out of the
human use of the oceans
• Legal property rights of the ocean often
differ from those found on land
General Policy Areas
• Environment;
– Ocean/climate change, hypoxia, spills
• Natural Resources
– Fishery management, ocean minerals
• Energy
– Offshore oil, tidal power
• Land Use
– Coastal zone management, zoning, barrier beach
protection
• Waste Management
– Waste disposal, marine debris, nuclear waste disposal
General Policy Areas
• Transportation
– Shipping/ports, international rights of passage
• Defense
– Zoned training and testing areas, atomic zones
• Foreign Policy
– Legal geography, piracy, refugees, trades
• Emergency Management
– Weather prediction, hurricanes, harmful algal blooms
• Science Policy
– Funding for research, large-scale science programs
UNCLOS
• United Nations Conference on the Law of
the Sea
• UNCLOS I (1956-58)
– Geneva, Switzerland
– Though it was considered successful, it left
open the issue of breadth of territorial waters
• UNCLOS II (1960)
– Geneva, Switzerland
UNCLOS
• UNCLOS III (1973-1982)
– Internal waters
– Territorial Waters
• 12 Nautical miles,
– Contiguous zone
• 12 more nm; customs, taxation, immigration, pollution
– Exclusive Economic Zones
• 200 nm, exploitation rights
– Continental Shelf
• To the edge of the continental margin/200 nm
MARPOL Convention
• International Convention for the Prevention
of Pollution from Ships (1973-78)
• (Marine Pollution)
• To minimize pollution of the seas;
dumping, oil and exhaust pollution
• To protect the environment by elimiating
all pollution
• Countries signed under MARPOL must
follow all the requirements
Conventions
• IWC (International Whaling Commision)(1946)
– Regulates the global sustainable taking of whales
• IMO (International Maritime Organization) (1958)
– International cooperation
• Ramsar Convention (1971)
– National initiatives to conserve wetlands
• London Convention (1972)
– First global standards to govern the dumping of wastes
into the ocean
Institutions
• Important regional institutions for coastal and
ocean management
• UNEP (United Nations Environment Program)
– Addresses coastal/marine environment problems
• Man and the Biosphere Program
– Nations working to solve environment problems
– Establishing MPAs
• The Great Lakes Program
– Protection and management of the Great Lakes
Marine Protected Areas
• Areas of the ocean in which some or all of
the natural and cultural resources are
protected
• 328 sites in the U.S.
– 251 Federally managed
• National Marine Sanctuaries (14 sites)
• National Wildlife Refuge System (162 sites)
• National Park Service/National Seashore (39 sites)
• National Marine Fisheries Service (36 sites)
• Marine Reserves
Land Management
• Coastal Zone Management Act
– 1972
– Encourages coastal states to develop and
implement coastal zone management plans
(CZMPs)
– U.S. National policy to preserve, protect,
develop, and where possible, restore or
enhance, the resources of the Nation’s coastal
zone
Pollution
• Most pollution acts either;
– Prohibit the dumping of materials
known to be harmful
– Specify the criteria under which other
materials may be dumped (environmentally
friendly substances)
• The basic premise of each seems to be
that land disposal is preferable to marine
disposal
Pollution
• Point Source Pollution
– These pollutants have easily determined
starting points
• Factories, sewage treatment pipes, dumping
toxins, wastewater
• Nonpoint Source Pollution
– These pollutants have indirect beginnings
• Oil, fertilizers, urban runoff, agricultural run off
Pollution
• Rivers and Harbors Act (1899)
– A prohibition of dumping refuse into navigable US waters
• Federal Water Pollution Control Act(1948)
– (Clean Water Act)
– Addresses point sources of municipal and industrial
waste and spills of oil and hazardous materials
• Marine Protection, Research, and Sanctuaries Act
(1972)
– Ocean Dumping Act
– Controls dumping of waste at sea, at-sea research,
establishment of marine sanctuaries
Pollution
• Ocean Dumping Ban Act (1991)
– Banned all sewage and industrial waste
dumping in the U.S. offshore waters
• Oceans Act of 2000 (2000)
– Establishes a 16 member U.S. Commission on
Ocean Policy
– Undertake a thorough review of U.S. ocean
and coastal programs and activities
Marine Biodiversity
• National Wildlife Refuge System
– 1903
– Managed by the United States Fish and
Wildlife Service
– Lands and waters set aside to conserve
America’s fish, wildlife, and plants
– Protects the habitats of wildlife populations,
and the wildlife
Marine Biodiversity
• National Estuarine Research Reserve
System
– 1972
– Protects coastal and estuarine habitats for
long term research, water-quality monitoring,
education, and coastal stewardship
– 28 protected areas
– Works in partnership with NOAA
Marine Biodiversity
• Marine Mammal Protection Act (MMPA)
– 1972
– Prohibits the taking of marine mammals
• Take: Hunting, killing, capture, harassment
• Harassment: tormenting, annoying, disturbing it’s
behavioral patterns
– Migration, breathing, nursing, breeding, feeding, or
sheltering
– First act of Congress to call specifically for an
ecosystem approach to natural resource
management and conservation
Marine Biodiversity
• Endangered Species Act
– 1973
– Administered by NOAA and the U.S. Fish and
Wildlife Service
– Designed to prevent any endangered species
from becoming extinct because of human
activities
Marine Biodiversity
• Magnuson-Stevens Fisheries
Conservation and Management
Act (MFCMA)
– 1976
– The primary law governing marine
fisheries management in the
United States
– Conservation of fishery resources
– Amended several times in
response to the continued
overfishing of major stocks
U.S. Senate Committees
• Committee on Commerce, Science, and
Transportation
– Jurisdiction includes ocean and atmospheric
policy, generally: NOAA, NASA, U.S. Coast
Guard, MARAD, and Marine Mammal
Commission programs
• Committee on Environment and Public
Works
– Jurisdiction includes environmental protection
U.S. Senate Committees
• Committee on Energy and Natural Resources
– Jurisdiction includes energy resource
development
• Committee on Agriculture, Nutrition, and
Forestry
– Jurisdiction includes: USDA Forest Service,
Natural Resources Conservation Service programs