Bronte Wells
Ocean pollution is a pressing issue that necessitates the implementation of stringent laws and policies to safeguard the marine environment. While there is no single US law that addresses all ocean-related concerns, a myriad of legislation has been enacted to protect the ocean from various sources of pollution. These laws are enforced by federal agencies and aim to preserve the ocean's resources, maintain its environmental integrity, and protect the livelihoods and well-being of those who depend on it.
| Characteristics | Values |
|---|---|
| US laws governing ocean pollution | Clean Water Act (CWA), Oil Pollution Act, Ocean Dumping Act, Coastal Zone Management Act, Coral Reef Conservation Act (CRCA), Endangered Species Act, Marine Debris Research, Prevention, and Reduction Act, Save Our Seas 2.0 Act |
| US laws governing beaches | BEACH Act, Clean Boating Act |
| International laws governing ocean pollution | United Nations Convention on the Law of the Sea, United Nations Fish Stocks Agreement, High Seas Treaty |
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What You'll Learn
The Clean Water Act (CWA)
Under the CWA, the EPA has implemented pollution control programs such as setting wastewater standards for industry. The EPA has also developed national water quality criteria recommendations for pollutants in surface waters. The CWA also funds the construction of sewage treatment plants under the construction grants program and recognizes the need for planning to address the critical problems posed by nonpoint source pollution. The EPA regulates all waste streams generated from offshore oil and gas activities, primarily by general permits. The EPA may not issue a permit for a discharge into ocean waters unless the discharge complies with the guidelines established under Section 403(c) of the CWA.
The CWA also includes the Oil Pollution Prevention regulation, which was originally published in 1973 under the authority of Section 311 of the CWA. This regulation sets forth requirements for the prevention of, preparedness for, and response to oil discharges at specific non-transportation-related facilities. To prevent oil from reaching navigable waters and adjoining shorelines, and to contain discharges of oil, the regulation requires these facilities to develop and implement Spill Prevention, Control, and Countermeasure (SPCC) Plans.
The Clean Boating Act of 2008 is another amendment to the CWA. This Act requires the EPA to identify discharges incidental to the normal operation of recreational vessels and to develop management practices that can help limit the amount of pollution discharged into the nation's waters.
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The Endangered Species Act (ESA)
The ESA provides a program for the conservation of threatened and endangered plants and animals and the habitats in which they are found. It is administered by two federal agencies, the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). These agencies maintain a worldwide list of endangered species, including birds, insects, fish, reptiles, mammals, crustaceans, flowers, grasses, and trees.
The ESA requires federal agencies to ensure that their actions do not jeopardize the continued existence of listed species or result in the destruction of their designated critical habitats. Section 9 of the Act prohibits the unlawful 'take' of such species, which includes harassing, harming, or hunting. It also prohibits any import, export, interstate, or foreign commerce of listed endangered species.
The ESA has been highly effective in preventing extinctions, with a 99% success rate in preventing the extinction of listed species. In 2016, more listed species were found to be partially or completely recovered than in any previous year since the ESA became law. The Act also supports the conservation of listed species outside of the US and is the law through which the US enforces the Convention on International Trade in Endangered Species (CITES).
The ESA is implemented in part by the Office of Pesticide Programs (OPP), which regulates the use of pesticides and establishes maximum levels for pesticide residues in food, safeguarding the nation's food supply. Section 6 of the ESA requires the Secretary to cooperate with states in conserving federally protected species, and the 1988 amendments established the Cooperative Endangered Species Fund to provide funding for state grants and planning assistance.
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The Coral Reef Conservation Act (CRCA)
The National Coral Reef Action Strategy was developed to establish goals for research, monitoring, and conservation, as well as to address regional and international issues. It serves as a long-term plan and provides a guiding framework for the priorities, strategies, and implementation plans of the US Coral Reef Task Force (USCRTF) and its members. The USCRTF adopted the National Action Plan to Coral Reef Conservation in 2000, which was the first US plan to comprehensively address the most pressing threats to coral reefs.
The Coral Reef Conservation Program and Coral Reef Conservation Fund both provide financial assistance for coral reef projects. The Conservation Program authorizes funding to the National Oceanic and Atmospheric Administration (NOAA) and the Secretary of Commerce. The Conservation Fund authorizes NOAA to provide funding to non-profit organizations for projects related to coral reefs.
The National Program assesses the conservation of coral reefs through monitoring and restoration and enhances public awareness of coral reefs through education programs. It also facilitates cooperation between federal, state, and regional efforts to improve coral reef ecosystems.
The CRCA requires NOAA to report to the US Congress every two years regarding the implementation of the National Action Strategy.
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The Oil Pollution Act
Oil spills have been a problem since the 1920s, with the Oil Pollution Act of 1924 outlawing oil discharges from vessels into navigable waters in the US. However, this only limited liability for deliberate discharge. In 1967, over 100,000 tons of crude oil were released into the English Channel from the Torrey Canyon, yet the owners were only held liable for $50 of the $8 million cleanup costs. This highlighted the shortcomings of the 1924 Act.
In 1970, the Water Quality Improvement Act was passed, which was later amended by the Clean Water Act in 1972. This set out specific liability limitations for oil spills. However, these laws were fragmented and provided only limited safeguards. In 1976, a bill was introduced to Congress to create a cohesive safety measure for oil pollution, but it fell out of consideration.
In March 1989, the Exxon Valdez oil spill released nearly 11 million gallons of crude oil into Prince William Sound—the largest marine oil spill in recorded history at that time. This led to the creation of the Alaska Oil Spill Commission, which issued 52 recommendations for improvements. Fifty of these were incorporated into the Oil Pollution Act bill, introduced in March 1989.
The OPA has brought about significant changes in the oil production, transportation, and distribution industries. It has also resulted in the creation of a trust fund, financed by a tax on oil, to clean up spills when the responsible party is unwilling or unable to do so.
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The Marine Debris Act
Marine debris is a pressing issue that poses a threat to marine life, the environment, and navigation safety. To tackle this, the Marine Debris Act was established in 2006, with subsequent amendments in 2012, 2018, and 2020. This legislation is a critical component of the United States' efforts to protect its oceans.
The Interagency Marine Debris Coordinating Committee, chaired by NOAA, plays a crucial role in coordinating marine debris research and activities among federal agencies, collaborating with non-governmental organizations, industry, universities, states, Indian tribes, and other nations. The Committee is responsible for reporting to Congress on the sources of marine debris, its ecological and economic impacts, and alternatives for reducing and preventing its harmful effects.
Amendments to the Act have been made to enhance its effectiveness. The Save Our Seas Act of 2018 promotes international cooperation in reducing marine debris, authorizes cleanup after severe events like hurricanes or tsunamis, and updates the membership of the Interagency Marine Debris Coordinating Committee. The Save Our Seas 2.0 Act of 2020 further strengthens the Act by enhancing domestic programs, international engagement, and domestic infrastructure to combat marine debris.
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Frequently asked questions
The Clean Water Act has prohibited the discharge of oil or hazardous substances into most U.S. waters, including the ocean, since 1976. The government can use the CWA to penalize companies for polluting the ocean.
The Marine Mammal Protection Act governs how we protect whales, seals, sea lions, and other marine mammals from death and harassment by humans fishing or using the ocean for other purposes.
The Coral Reef Conservation Act was established in 2000 to preserve coral reef ecosystems, promote wise management, and gain better information on the current condition of coral reefs. The act established four major programs: the National Coral Reef Action Strategy, Coral Reef Conservation Program, Coral Reef Conservation Fund, and the National Program.
The Save Our Seas 2.0 Act of 2020 enhances the United States' domestic programs to address marine debris, international engagement to combat marine debris, and domestic infrastructure to prevent marine debris. The Act requires the NOAA Marine Debris Program to work on marine debris around the world and authorizes cleanup and response actions needed as a result of severe marine debris events.
