Striking a Balance Improving Stewardship of Marine Areas (1997) / Chapter Skim
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2. The Way Things Are Now
2. The Way Things Are Now
Pages 17-47
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From page 17... ...
The ocean and its bounty appear to be susceptible to the adverse effects of human abuse whether through conflicting uses, overutilization of specific resources, or destructive human activities that degrade essential marine functions. The marine environment is different from the terrestrial environment in that many of the processes and functions critical to its integrity occur over very long distances and time scales.
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From page 18... ...
habitats provide spawning grounds, nursery areas, as well as shelter and food for finfish, shellfish, birds, and other wildlife. Approximately 85 percent of commercially harvested fish depend on estuaries and near coastal waters at some stage in their life cycle.
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From page 19... ...
regarding marine boundaries, migratory resources, and other transboundary issues maintaining national security through the use of offshore military operation and exercise areas, weapons and missile testing areas, and other ocean-based facilities · implementing federal laws where a national interest has been formally declared (e.g., protecting marine mammals and endangered species or meeting and maintaining federal standards of air and water quality) · maintaining the freedom of interstate commerce · ensuring that living marine resources in waters under federal jurisdiction are sustainably managed to protect the interests of future generations ensuring that the public secures an adequate and appropriate rate of return for the private use of publicly owned ocean resources under federal jurisdiction Value of Marine and Coastal Resources The security, commercial, stewardship, recreational, and other interests in the ocean reflect the value of marine resources and the services they provide to society.
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From page 20... ...
marine environment loom very large, so large that they overshadow the value of commercial uses in many regions. For example, tourism and recreation are by far the most valuable uses of the marine environment in the Gulf of Maine and in the Florida Keys (John, 1996a)
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From page 21... ...
Photo courtesy of Katharine Wellman.
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From page 22... ...
All of these methods have been tested in a number of studies related specifically to marine resources and resource services, especially marine recreation (Freeman, 1995) and commercial fisheries (Lynne et al., 1981; Bell, 1972, 1989~.
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From page 23... ...
of marine resources, functions, and services can support the argument in favor of preservation, conservation, restoration, and enhancement by providing a more complete and accurate picture of short- and long-term costs and benefits (Costanza et al., 1997~. Typically, economists have estimated the value of marine resources by concentrating on the components of the marine environment that have short-term obvious value to individuals (e.g., commercial and recreational fisheries, flood control by wetlands)
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From page 24... ...
suggest that pressures on marine areas are intensifying and that severe consequences for people and the marine environment will result unless there are changes in the management regime. These trends include: .
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From page 25... ...
Since 1983, the percentage of offshore lands subject to moratoria on leasing has increased from about 3 percent to nearly 18 percent (Outer Continental Shelf Policy Committee, 1993~. Although this trend reflects a genuine concern for protecting the marine environment, moratoria are a blunt governing instrument and may not result in the efficient longterm utilization of resources.
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From page 26... ...
Ship discharging sewage sludge into the ocean. Photo courtesy of the Marine Board.
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From page 27... ...
The country is facing a new class of coastal and ocean management problems that can be characterized as conflicts over the use, or nonuse, of finite coastal environmental resources; development versus protection; and public interest versus private property rights. Sometimes, well functioning markets can handle these conflicts.
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From page 28... ...
environment, where many factors are not measured in dollars. For example, although the pollution of estuaries with sediment, point and nonpoint pathogens, toxic substances, and other pollutants all affect the growth and availability of fish and shellfish stocks, thereby reducing the productivity of commercial and recreational fishermen, the effects are not reflected in the marketplace.
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From page 29... ...
consistency the promise that federal activities will be consistent with state CZM policies. The program is centered around process-related standards contained in the legislation (i.e., state CZM programs must regulate the uses of land and water that affect the coastal zone)
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From page 30... ...
National Marine Sanctuaries The National Marine Sanctuary (NMS) program was established in 1972 as part of the law regulating ocean dumping.
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From page 31... ...
Other congressionally designated sanctuaries include the Monterey Bay, the Olympic Coast, Hawaiian Humpback Whale, and Stellwagen Bank sanctuaries. Box 2-1 shows the 12 existing national marine sanctuaries and the three active candidates, indicating the year of designation and size in square miles.
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From page 32... ...
may not be taken or possessed, especially species protected under other laws. The Florida Keys NMS has proposed regulations that go even farther, including identifying zones where certain uses are allowed or prohibited (for example fishery replenishment zones, restoration zones, research-only zones, and facilitated-use zones)
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From page 33... ...
. In some cases (e.g., Florida Keys NMS)
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From page 34... ...
The traditional focus on problems with specific resources has not solved resource and water quality problems. Estuarine management requires dealing with a variety of laws, management initiatives, and funding from numerous public and private sources.
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From page 35... ...
Essex Estuary, Buzzard's Bay, Massachusetts. Photo courtesy of William Eichbaum.
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From page 36... ...
The Outer Continental Shelf Lands Act (OCSLA) , enacted in 1953, was the culmination of years of dispute between the federal government and the states over primary responsibility for coastal and offshore waters.
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In 1969, there was a blowout and oil spill at a platform in the channel. The ensuing environmental damage and the perceived arrogance of the responsible oil company attracted national attention.
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From page 38... ...
, under which fisheries within the FEZ are regulated, established eight regional fishery management councils to prepare fishery management plans for the nation's fisheries. Members of these councils are appointed by the Secretary of Commerce, based on recommendations from governors of the states in each region, and represent diverse interests.
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From page 39... ...
The FCMA was the first major act to establish a decentralized marine management structure, and the system of regional councils remains firmly entrenched. The implementation of fishery management plans reinforces the decentralized regional council system.
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From page 40... ...
The 1996 reauthorization and amendments to the FCMA addressed the four recommended topics. The basic institutional structure and role of the regional fishery councils in the preparation of fishery management plans and proposed regulations was retained.
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From page 41... ...
Growing state influence over ocean use can be observed in five categories: coastal zone management, oil pollution control, OCS oil and gas development, governance of NMSs, and fisheries management. In each category, the role of the federal government is still important, sometimes even primary, but the influence of state and local interests and their areas of jurisdiction have increased.
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From page 42... ...
4The Flower Garden Banks National Marine Sanctuary, located 120 nautical miles south of Cameron, Texas, was designated in November 1991. It specifically prohibits oil and gas development (P.L.
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6Since 1980, federal funding for marine-related programs has steadily declined. In particular, funding has decreased for agencies like the National Oceanic and Atmospheric Administration, which controls coastal zone management, marine sanctuaries, and fisheries management programs and plays in important role in the oil pollution and outer continental shelf oil and gas programs.
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From page 44... ...
Many have been characterized by organizational changes and funding problems. For example, North Carolina, Florida, California, and Hawaii have shifted responsibility for ocean planning among various state agencies; Maine and North Carolina have simply updated existing policy reports after many intervening years; Missis ~California Ocean Resources Management Act of 1990.
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From page 45... ...
State roles have been institutionalized in at least three ways through state CZM programs, participation in the development and staffing of NMSs, and the emergence of regional groups, such as fisheries management councils and oil pollution task forces. This institutionalization suggests that state policies will continue to influence how the ocean is used in the future.
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From page 46... ...
The United States tends to manage its ocean resources and space on a sector-bysector regulatory basis. One law, one agency, and one set of regulations may be applicable to a single-purpose regime (e.g., oil and gas development, fisheries, water quality, navigation, or protecting endangered species)
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From page 47... ...
THE WAY THINGS ARE NOW 47 Despite the history of sector-based management of marine resources, some legislation, including the CZMA, the CWA, the OPA 90, admonish federal agencies, as well as states, to preserve, protect, develop, enhance, and, where possible, restore the resources of the U.S. coastal zone.
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