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• National Council for Science and the Environment

Summary

Recent events, including the release of the President's U.S. Ocean Action Plan and reports issued by the United States Commission on Ocean Policy and the Pew Oceans Commission and, have prompted a reexamination of U.S. ocean policy and debate over an "ecosystem approach" to ocean resource management. One proposed mechanism for conserving ocean resources is the Marine Protected Area (MPA), conceptualized as a zoning system for the portions of the ocean under U.S. jurisdiction. The relative merits and the potentially negative consequences of such an MPA system have been widely discussed. Other, more focused types of ocean resource protections have been put into place under various federal and state laws. Advocates of additional protection argue that a more comprehensive system should be established. Others argue that the current system is effectively managing ocean resources and that additional restrictions would be economically harmful. Apart from the relative merits of each position, there is some question as to the applicability of current federal law to the oceans and whether new protections could be imposed administratively, without additional legislation. To some extent, regulatory authority will depend upon the nature of the jurisdiction that the United States has claimed over various ocean resources vis-a-vis other nations and vis-a-vis the states. Consistent with international law, the United States claims jurisdiction over marine areas extending 200 nautical miles from its coast and has regulated resources in the zones composing this area under multiple legal authorities. Several current laws which might provide authority for the creation of MPAs are aimed specifically at the ocean environment. The National Marine Sanctuary Program, established by the Marine Protection, Research and Sanctuaries Act, as well as the MagnusonStevens Fishery Conservation and Management Act, and the Coastal Zone Management Act each specifically contemplate various levels and forms of aquatic resource protection. Additionally, certain generally applicable laws, while primarily intended for use on land, would arguably support the designation of an MPA in some circumstances. Indeed, U.S. MPAs within the territorial seas have been established as national monuments, national parks, national wildlife areas, and, most recently, as a reserve via executive order. This report will outline U.S. jurisdiction over ocean resources, analyze the existing laws to assess their application to marine environments, and describe the regulatory authorities available under each option. It will be updated as necessary.

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