Brian Barton
Ocean pollution is a pressing issue that threatens marine life and ecosystems, and while there is no single US law that covers all ocean issues, there are various laws in place aimed at protecting the oceans and governing human activity that may cause pollution. These laws are implemented by agencies such as the Environmental Protection Agency (EPA) and the National Oceanic and Atmospheric Administration (NOAA). The EPA, for example, enforces the Clean Water Act (CWA), which regulates the discharge of pollutants and sets water quality standards, while the NOAA's Marine Debris Program addresses the identification, prevention, and removal of marine debris under the Marine Debris Act. Other laws such as the Coral Reef Conservation Act, the Marine Mammal Protection Act, and the Endangered Species Act also contribute to the legal framework for protecting the oceans and their biodiversity.
| Characteristics | Values |
|---|---|
| Is ocean pollution illegal? | Yes |
| Who enforces laws against ocean pollution? | Environmental Protection Agency (EPA), US Army Corps of Engineers (USACE), National Oceanic and Atmospheric Administration (NOAA), Marine Conservation Institute, US government |
| What are some examples of laws that protect the ocean from pollution? | Clean Water Act (CWA), Oil Pollution Act, Ocean Dumping Act, National Environmental Policy Act of 1969 (NEPA), Coral Reef Conservation Act (CRCA), Marine Mammal Protection Act, Endangered Species Act, Port States Measures Implementation Act, Antiquities Act of 1906, Marine Debris Act, Save Our Seas Act of 2018 |
| What are some examples of actions taken to enforce these laws? | EPA sets wastewater standards for industry and water quality standards for contaminants, regulates ocean dumping sites and dumping permits, monitors vessels transporting dredged material to ensure no leaking or spilling, provides technical support to other agencies, works with other agencies to address marine pollution issues during and after large-scale emergencies, develops innovative solutions to reduce plastic pollution and move towards refill and reuse systems, protects marine sanctuaries and monuments from extractive damage, rebuilds populations of endangered marine species, prevents illegal fishing |
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What You'll Learn
Ocean dumping and dredged materials
Ocean dumping is regulated by various laws and regulations that aim to protect the marine environment and ecosystems. While the legality of ocean pollution depends on the specific context and jurisdiction, the disposal of dredged materials into the ocean is typically subject to strict permits and environmental assessments.
In the United States, the Marine Protection, Research, and Sanctuaries Act (MPRSA) govern the disposal of dredged materials into the ocean. The U.S. Army Corps of Engineers (USACE) is the federal agency responsible for issuing permits under Section 103 of the MPRSA. The process for obtaining an MPRSA permit typically takes between six to 18 months and involves evaluating the environmental impact, including the effects on marine ecosystems, shorelines, and economic activities. The USACE relies on the EPA's marine protection criteria when reviewing permit requests.
In Australia, the Environment Protection (Sea Dumping) Act 1981 regulates the loading and disposal of dredged materials in Australian waters. Applicants are encouraged to provide a sediment sampling and analysis plan (SAP) to ensure the suitability of the material for ocean disposal. The application fee for a permit to dispose of dredged material into the sea depends on the volume of material, with a higher fee for larger volumes.
To ensure responsible ocean stewardship, various other laws and regulations have been enacted to protect oceans from pollution. These include the Clean Water Act, the Oil Pollution Act, the National Environmental Policy Act, the Marine Debris Act, and international protocols such as the Act on Prevention of Pollution from Ships. These laws work together to address different aspects of ocean pollution and protect the environmental integrity of oceans.
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Oil pollution
In the United States, the Clean Water Act (CWA) is a crucial piece of legislation that regulates the discharge of pollutants into U.S. waters, including oil pollution. The CWA establishes wastewater standards for industries and water quality standards for contaminants in surface waters. The Act to Prevent Pollution from Ships implements provisions of international protocols from the 1970s and was amended by the Marine Protection, Research, and Sanctuaries Act of 1972 to address ocean dumping. The Oil Pollution Act of 1990 further amended the CWA, specifically addressing the problems associated with preventing, responding to, and paying for oil pollution incidents in U.S. navigable waters. It created a comprehensive regime for dealing with vessel- and facility-caused oil pollution, with regulations for above-ground storage facilities and oil tankers.
The National Environmental Policy Act of 1969 (NEPA) is another important U.S. law that forces government agencies to analyze the environmental impacts of their actions, including those related to oil and gas development. NEPA also allows the public to voice concerns and scrutinize agency decisions through public notice and commenting requirements. Additionally, the U.S. Environmental Protection Agency (EPA) has implemented several laws that specifically protect coastal beaches and ocean waters, such as the BEACH Act, which focuses on protecting public health at coastal recreation waters by setting water quality criteria for pathogens.
While these laws provide a framework for addressing oil pollution, effective enforcement is crucial to ensure compliance and protect ocean ecosystems. Oil pollution remains a significant threat, and incidents like the Deepwater Horizon oil spill in 2010, which released approximately 134 million gallons of oil into the Gulf of America, highlight the devastating consequences of oil spills.
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Marine debris
It is a widespread problem, with marine debris found in every corner of the ocean, from remote shorelines to the Arctic ice and the deepest parts of the sea floor. It is estimated that 80% of marine debris is plastic, which accumulates as it does not readily biodegrade. A 2014 study estimated that 5.25 trillion pieces of plastic weighing 269,000 tons were dispersed in the Northern and Southern Hemispheres' oceans. Another study estimated that in 2016, 23 million metric tons of plastic waste entered aquatic ecosystems globally.
The largest single type of plastic pollution in the oceans is discarded and lost nets from the fishing industry, which pose a serious threat to marine life and ecosystems. Marine debris can also have indirect effects, such as the concentration of plastic debris in massive marine garbage patches and increasing contaminants in the food chain.
To address the problem of marine debris, various laws and policies have been adopted internationally. The United Nations included reduced marine pollution in Sustainable Development Goal 14 "Life Below Water". In the United States, the Marine Debris Act of 2006, amended in 2012, 2018, and 2020, authorises the National Oceanic and Atmospheric Administration Marine Debris Program to identify, determine sources of, assess, prevent, reduce, and remove marine debris. The Save Our Seas Act of 2018 further promotes international action to reduce marine debris and authorises cleanup and response actions for severe events like hurricanes or tsunamis. The NOAA Marine Debris Program funds projects across the United States and its territories to remove marine debris, conduct research, and prevent debris from entering the ocean.
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Coral reef conservation
Coral reefs are invaluable ecosystems that support a quarter of all marine life and provide food and income to over a billion people. They also offer protection to coastlines from storms and erosion. However, coral reefs are facing increasing threats from climate change, overfishing, pollution, and other human activities. To address these challenges, several organizations are actively engaged in coral reef conservation efforts.
One notable initiative is the Coral Reef Conservation Program (CRCP) established by the National Oceanic and Atmospheric Administration (NOAA) in 2000. The CRCP takes a multidisciplinary approach, collaborating with various NOAA offices such as the National Ocean Service, National Marine Fisheries Service, and the Office of Oceanic and Atmospheric Research. By bringing together experts from across NOAA, the program aims to effectively study and manage complex coral ecosystems. The CRCP focuses on several key areas, including climate change, land-based sources of pollution, unsustainable fishing practices, disease, and coral restoration.
NOAA's Restoration Center plays a crucial role in coral restoration activities across the Caribbean, Florida, and the Pacific sub-basin. They work closely with the CRCP and other partners to restore corals at ecologically and culturally significant sites, such as the Florida Keys National Marine Sanctuary. Their efforts include planting nursery-grown corals, ensuring suitable habitats for natural coral growth, and building coral resilience against threats like climate change.
In addition to NOAA's efforts, other organizations like the Coral Reef Alliance (CORAL) are also dedicated to saving the world's coral reefs. CORAL conducts research to identify critical threats, develops data standards, and publishes scientific findings to inform conservation action. They work with governments and community leaders to establish protected areas and drive conservation policies. By strengthening ecosystem connectivity and addressing key threats such as overfishing and pollution, CORAL aims to enhance natural resilience and support long-term recovery for coral reefs.
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Marine mammal protection
Marine mammals are mammals that rely on the ocean to survive. They include whales, dolphins, porpoises, seals, sea lions, walruses, polar bears, sea otters, manatees, and dugongs. Some are fully aquatic, while others spend most of their time in the water but return to land or ice for activities such as resting or giving birth. Marine mammals are vital to the balance of marine ecosystems and are key indicators of the overall health of the ocean.
The Marine Mammal Protection Act (MMPA) was enacted on October 21, 1972, in response to growing concerns that certain marine mammal species were in danger of extinction or depletion due to human activities. The MMPA established a national policy to prevent marine mammal species and population stocks from declining beyond the point where they ceased to be significant functioning elements of their ecosystems. The MMPA mandates protection of marine mammals and their habitats and includes a moratorium on the taking and importing of marine mammals, as well as exemptions for subsistence harvests for Alaska Natives. Under the MMPA, Congress directed that the primary objective of marine mammal management should be to maintain the health and stability of the marine ecosystem.
Three federal entities share responsibility for implementing the MMPA: NOAA Fisheries, the U.S. Fish and Wildlife Service, and the Marine Mammal Commission. NOAA Fisheries works to protect all marine mammals under the MMPA, the Endangered Species Act, and other laws and policies. They collaborate with the fishing industry to modify fishing gear and practices to reduce marine mammal bycatch and entanglement. The U.S. Fish and Wildlife Service is responsible for protecting walruses, manatees, sea otters, and polar bears. The Marine Mammal Commission provides independent, science-based oversight of domestic and international policies and actions of federal agencies addressing human impacts on marine mammals.
The MMPA also sets out a process to evaluate and respond to unusual mortality events (UMEs) among marine mammals, which can be caused by natural or human factors such as disease outbreaks, pollution, vessel strikes, and entanglement in fishing gear or marine debris. To address marine debris specifically, Congress authorized the National Oceanic and Atmospheric Administration Marine Debris Program through the Marine Debris Act, which was signed into law in 2006 and has since been amended several times. This Act requires the program to identify, determine sources of, assess, prevent, reduce, and remove marine debris, as well as address its adverse impacts on the economy, marine environment, and navigation safety.
In addition to the MMPA and the Marine Debris Act, other laws such as the Clean Water Act, the Oil Pollution Act, and the Ocean Dumping Act also help protect the ocean and marine life from pollution and other threats. These laws work together to safeguard the ocean's resources, its environmental integrity, and the lives that depend on it.
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Frequently asked questions
Ocean pollution is not legal. There are several laws in place that protect the ocean from pollution, such as the Clean Water Act (CWA), the Oil Pollution Act, the Ocean Dumping Act, and the Marine Debris Act.
The CWA is a US law that establishes the basic structure for regulating the discharge of pollutants into waters and sets quality standards for surface waters. It was signed into law in 1948 as the Federal Water Pollution Control Act and was renamed the Clean Water Act in 1977.
The Marine Debris Act was signed into law in 2006 and has been amended several times since then. It requires authorized programs to identify, determine sources of, assess, prevent, reduce, and remove marine debris, as well as address the adverse impacts of marine debris on the economy, marine environment, and navigation safety.
The US Environmental Protection Agency (EPA), the National Oceanic and Atmospheric Administration (NOAA), the US Army Corps of Engineers (USACE), and the Coast Guard all play a role in enforcing laws to protect oceans from pollution.
Yes, the Coral Reef Conservation Act (CRCA) was established in 2000 to preserve coral reef ecosystems and promote their wise management. It also aims to gain better information on the current condition of coral reefs. The National Oceanic and Atmospheric Administration (NOAA) also provides funding for projects related to coral reefs.
