Lecture 7: Legal Structure for Managing the U.S. Coastal Zone
Gaytha A. Langlois, Ph.D.
Site
Map
Harbor
Scene
Challenges
to Policy Makers
Complexities of the
ecosystems
Insufficient data
and findings about natural habitats
Multiple users, each
with a distinct set of values and preferences (boating, fishing, residency,
hospitality industry, land development, scientists, elected officials,
transportation, etc.)
Difficulty of being
fair and equitable
E.g., curbing fish
harvesting causes economic harm to fishing industry
Limiting land use
reduces profit to be gained by landowners
How to share technical
information in a useful way (scientific reports being used by policy makers)
Challenges
to Policy Makers (continued)
Coasts vary in different
geographic regions (see land forms on next slide)
Need nationwide guidelines
with some regional flexibility
Need broad input from
stakeholders in the preparation of new laws and regulations
International
Agreements
Mostly focused on
continental shelf resources (see Klee, p. 35)
Conflicts of interest
and concern over accessibility, security, and wealth
Emphasis on regulating
pollution prevention, containment, and cleanup standards
OFFSHORE
CALIFORNIA JURISDICTIONAL AREAS
International
Maritime Organization (IMO)
Technical agency of
the United Nations
Responsible for maintaining
standards and conditions relating to ship operations
in near shore and
continental shelf waters
Promotion of maritime
safety for the protection of the marine environment
Long-term plans to
minimize global oceanic pollution through regulations and sharing technical
information
Replaced the old “customary
laws of the sea” first set up in the 19th century
IMO was set up in
1959, and has conducted about 30 “conventions” regulating international
maritime activities
United
Nations Convention on Law of the Sea (LOS)
Umbrella convention
that addresses the allocation of ocean resources, nation by nation, and
all areas of marine pollution
Provided for a more
efficient regulatory system
Convention was signed
by 119 coastal nations in 1984 (U.S., U.K. and West Germany would not sign)
Convention
for Prevention of Marine Pollution
Implemented in 1975;
U.S. signed
Deals with global
ocean dumping Prohibits dumping of radioactive waste, industrial wastes,
oil,
and other wastes deemed
toxic, persistent and bioaccumulative
Aimed at wastes originated
on shore
Convention
for Prevention of Pollution from Ships-MARPOL
Implemented in 1983;
updated in 1992
Regulates all forms
of pollution from ships, except dumping (controls waste from operation
of ships)
MARPOL was updated
in 1992, following the spill of the EXXON Valdez
U.S. Navy is exempted
from many of the regulations
Other
International Organizations
UNEP
United Nations Environmental
Program
UNCTAD
U.N. Conference on
Trade & Development
OECD
U.N. Organization
of Economic Cooperation and Development
Other International
Organizations (continued)
WHO
World Health Organization
World Bank
Most of these organizations
have focused on drafting good programs for ocean protection and management
Most are weak in enforcement
Coast
Parallel Zones
Established by coastal
countries and international organizations
Territorial Waters
Innermost zone (12
nautical miles wide)
Established by the
U.S. LOS Convention III
Country has sovereign
rights to economic resources, sea, and airspace
Foreign vessels have
right of “innocent” passage, air space by permission
U.S. government gives
coastal states jurisdictional rights out to 3 miles (CZMA)
Federal jurisdiction
from 4-12 miles
Contiguous Zone
Originally established
a maximum of 24 nautical miles from a coastal baseline
Country may exercise
control needed to prevent infringement of its customs, fiscal, immigration,
or sanitary laws and
regulations
200 mile limits were
developed in the 1950s to 1980s (fishing rights and seabed mineral resources)
Countries set up Exclusive
Fishing Zones (EFZ) and Exclusive Economic Zones (EEZ)
1983 – President Reagan
proclaimed a 200 mile EEZ for the U.S.
High Seas
Outermost zone (all
waters outside established EEZs and EFZs
No state can lay claim
to sovereignty to the High Seas, and aggressive actions against
another state’s vessels
are prohibited here
U.N. International
Sea-Bed Authority has jurisdiction over mineral resources
U.S.
Federal Agencies
National Oceanic
and Atmospheric Administration (NOAA)
Implements U.S. coastal
zone management
“Science for marine
solutions”
Studies of wetlands
Mapping of watershed
and habitat change
Environmental satellite
system called Coast Watch (tracks endangered sea turtles)
Prepares nautical
and geodetic surveys of coastal areas
Administers a grant
program for marine research
Works with states
in implementing their coastal zone management programs
Manages National Marine
Sanctuary Program
U.S.
Federal Agencies (continued)
U.S. Army Corps
of Engineers (U.S. Department of Defense)
COE conducts applied
research and development related to navigable waterways, harbors, and coastal
protection
Involved in all phases
of civil works projects, from design to construction
U.S. Army Corps of
Engineers provides technical assistance and funds projects
Involved in cleanup
of coastal areas contaminated by military activity (e.g., Prudence Island
in Narragansett Bay)
Oversees harbor dredging,
coastal erosion prevention, inlet stabilization, jetties, groins, seawalls,
restorations
U.S. Army Corps of
Engineers also administers laws and issues permits for construction within
navigable waterways, and limits discharge of material into these waterways
U.S.
Federal Agencies (continued)
Federal Emergency
Management Agency (FEMA)
Principle agency to
deal with riverine and coastal flooding in the U.S.
Provides disaster
relief to affected communities and states
U. S. Environmental
Protection Agency (USEPA)
Funds scientific studies
in the coastal zone
Contaminant research
Investigations into
sea level change
Regulates discharge
of coastal pollution, disposal of dredged material
Ultimate authority
over the Corps of Engineers regarding dredging activities (Clean Water
Act, Section 404)
Creates emission standards
for airborne pollutants that might enter the hydrologic cycle
National Park Service
(NPS)
Owns and operate holdings
along the nation’s coastlines
Manage coastal barriers,
shorelines, estuarine wetlands, and water bodies with migrating fish
NPS also manages National
Seashores and National Lakeshores
Fish and Wildlife
Service (FWS)
Also operates coastal
preserves, including coastal barriers, shorelines, estuarine wetlands,
and water bodies with migrating fish and birds
FWS manages the National
Wildlife Refuge Program
Monitors endangered
species
National Marine
Fisheries Service (NMFS)
Focus on marine life
resources, including conservation of fisheries and marine mammals
Oldest conservation
organization (125 years of research, conservation, and management in 1996)
U.S. Coast Guard
(Patrolling coastal
waters)
U.S. Geological
Survey (mapping)
U.S. Natural Resources
Conservation Service
(erosion prevention,
good land use practices)
National Science
Foundation
(major funding of
scientific research)
Federal
Legislation
Coastal Zone Management
Act (CZMA)
Passed in 1972 (signed
by President Nixon)
Administered by NOAA
Provided incentives
to states to set up coastal zone management plans (federal grants for implementation)
Coastal states “border
the Atlantic, Pacific, Arctic Oceans, Gulf of Mexico, Long Island Sound,
or the Great Lakes”
Most coastal states
now have a CZM plan
Consistency Provisions
of CZMA
Federal programs must
be consistent with the state’s CZM plan
Gave states some control
over federal activities
Valuable in influencing
continuental shelf oil and gas development leases
Allowed for state
oversight of federal highway, airport, military and flood control projects
Elements of a Coastal
Zone Management Plan
Programs to help protect
wetlands, lagoons, reefs, and other coastal habitats
Minimize property
damage from coastal hazards
Improve recreational
use of the coast
Encourage intergovernmental
cooperation through standardization of policies
CZMA
Evolving law (reauthorized
several times)
1990 Reauthorization
Coastal Zone Enhancement
Grants Program
Coastal Nonpoint Pollution
Control Prgram
CZMA has been a highly
successful federal program
Heightened awareness
and creative solutions for coastal threats
Federal
Legislation (continued)
Coastal Barriers
Resources Act (CoBRA)
Passed in 1982
Established the Coastal
Barrier Island Resources System, administered by the National Park Service
Prohibits federal
expenditures in undeveloped coastal barriers, including application of
National Flood Insurance Program (NFIP)
Marine Protection,
Research, and Sanctuaries Act (MPRSA)
Passed in 1972 to
set up a system of marine sanctuaries, administered by NOAA
Marine Mammal Protection
Act
Passed in 1972, to
set up a permit system for taking marine mammals
Designed to protect
dolphins and porpoises from inadvertent capture in fishing nets
National Flood
Insurance Program (NFIP)
Designed to provide
reasonably priced insurance in flood hazard areas
Intended to limit
unwise development in flood plains (both riverine and coastal)
Reduce federal monies
for flood control
Indirectly encouraged
coastal development (national insurance cheaper than private)
Federal Legislation
(continued)
Flood Disaster
Protection Act
Stafford Disaster
Relief and Emergency Assistance Act
Endangered Species
Act (ESA)
Selected
State Agencies
Some Goals for State
Agenies
Public access to shorelines
Conservation of natural
resources
Coordination with
federal agencies
Streamlining governmental
procedures
Public participation
in coastal decision making process
Priority to coastal
dependent uses
Selected
State Agencies (continued)
Florida
(entire state is a
coastal zone)
Florida Coastal Management
Program
27 state laws
Administered by Department
of Environmental Regulation (Office of Coastal Management)
Assistance from Governor’s
Office of Planning and Budget
Ongoing operations
shared with Dept. of Natural Resources and Dept. of Community Affairs
Selected State Agencies
(continued)
California
California Coastal
Act passed in 1976
Conserve the states
1,100 mile coastline
Proposition 20 – “Coastline
Initiative”
Wise use policies
guide decisions, and call for aesthetic preservation, protection of coastal
agriculture, wildlife habitat protection, increased public access, energy
development, and control of urban sprawl
California Coastal
Management Program
San Francisco Bay
Conservation and Development Commission
California Coastal
Commission (rest of coast excluding San Francisco Bay)
Coastal Zone landward
from Mean High Tide to 1000 yards inland (may reach inland 5 miles),
to seaward at the
limit of territorial waters
California Coastal
Management Program
Local governments
(15 counties and 54 cities) have a Local Coastal Program
California State Coastal
Conservancy acquires land to restore, protect and manage the coast
Selected State Agencies
(continued)
Rhode Island
Coastal Resources
Management Council
Politically appointed
council that oversees the Rhode Island Coastal Zone Management Plan
Coastal Resources
Center
Scientific studies
of coastal resources
Staff assistance to
the CRMC
Associated with the
University of Rhode Island
CRMC activities
Administer permits
for alteration and development in coastal zone
Funding for resource
protection and restoration programs
Educational programs
for schools and universities
Coordinates Special
Area Management Plans (SAMP)
Summary
Coastal programs are
well developed and usually strongly endorsed by citizens and policy makers
Coastal region is
seen as a multiple use resource (fisheries, energy, habitat, recreation,
transportation, etc.)
Coastal programs must
encourage broad public participation