Meghan Hodges
Marine life and ecosystems are under threat from a range of human activities, including pollution, overfishing, and climate change. To protect the ocean and its resources, a complex web of laws and policies has been established at both a national and international level. In the US, the Environmental Protection Agency (EPA) implements several laws that regulate sources of water pollution in coastal areas and ocean waters, such as the Clean Water Act and the Marine Debris Act. Internationally, the United Nations Convention on the Law of the Sea provides an overarching legal framework, with the most recent Agreement being the BBNJ Agreement, which aims to ensure the conservation and sustainable use of marine biodiversity beyond national jurisdictions.
| Characteristics | Values |
|---|---|
| Marine Protection, Research, and Sanctuaries Act (Ocean Dumping Act) | Requires an annual report from the Administrator of the Environmental Protection Agency on the administration of the ocean dumping permit program |
| Clean Water Act | Establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters |
| BEACH Act | Amends the Clean Water Act to better protect public health at coastal recreation waters and requires the EPA to recommend water quality criteria for pathogens |
| Clean Boating Act | Requires the EPA to identify discharges incidental to the normal operation of recreational vessels and to develop management practices to limit the amount of pollution discharged into the nation's waters |
| Oil Pollution Act | Addresses the range of problems associated with preventing, responding to, and paying for oil pollution incidents in navigable waters of the United States |
| Magnuson–Stevens Fishery Conservation and Management Act (MSA) | Establishes a 200-mile zone out from the shore to protect U.S. fisheries and regulate fish stocks in federal waters, with a focus on preventing overfishing and rebuilding overfished stocks |
| Marine Mammal Protection Act (MMPA) | Holds private individuals and government agencies responsible for ensuring their actions do not harm marine mammals |
| Coastal Zone Management Act | Encourages collaboration between state and federal governments to preserve, protect, and restore the resources of the nation's coastal zone |
| Coral Reef Conservation Act (CRCA) | Established in 2000 to preserve coral reef ecosystems, promote wise management, and gain better information on the current condition of coral reefs |
| National Marine Sanctuaries Act (NMSA) | Designates important marine environments as sanctuaries for their environmental, historical, or cultural significance |
| Endangered Species Act | Enacted in 1973 to protect animals from extinction by listing species as threatened or endangered and designating critical habitats |
| United Nations Convention on the Law of the Sea | Provides an international legal framework for ocean governance, including the establishment of the International Seabed Authority and the Commission on the Limits of the Continental Shelf |
| Save Our Seas 2.0 Act | Enhances domestic programs to address marine debris, international engagement to combat marine debris, and domestic infrastructure to prevent marine debris |
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What You'll Learn
The Magnuson–Stevens Fishery Conservation and Management Act
The MSA establishes eight regional fishery management councils, composed of representatives from the fishing industry and state fishery officials. These councils are responsible for preparing fishery management plans (FMPs) with sustainability goals in mind. FMPs must specify the criteria for determining when a stock is overfished and outline the measures needed to rebuild it. Regional councils regulate fishers through mechanisms such as annual catch limits, individual catch limits, and community development quotas.
The MSA has been successful in ending overfishing and rebuilding stocks, which has strengthened the value of fisheries to the economy and marine ecosystems. The act also promotes market-based management strategies, such as catch shares, and enhances international cooperation by addressing illegal, unregulated, and unreported fishing. Additionally, it strengthens the role of science in fishery management through peer review and the utilisation of scientific and statistical committees.
The MSA was amended in 2006 by the Sustainable Fisheries Act and again in 2007 by the Magnuson–Stevens Fishery Conservation and Management Reauthorization Act. These amendments aimed to require regional councils and the Secretary of Commerce to identify overfished stocks and rebuild them as quickly as possible. The 2007 version of the act includes seven purposes, such as ending overfishing and promoting the role of science in management.
In 2018, the Magnuson–Stevens Act was further amended by the Modernizing Recreational Fisheries Management Act, which focuses on improving recreational fishing data and managing mixed-use fisheries. This amendment includes new requirements for reports, studies, and guidance related to fisheries management and science.
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The Marine Protection, Research, and Sanctuaries Act
The MPRSA prohibits the transportation of materials from the US or by US agencies and vessels for the purpose of ocean dumping, as well as the dumping of materials transported from outside the US into US territorial waters. However, permits may be obtained from the Environmental Protection Agency (EPA) for certain types of dumping if it is determined that the discharge will not have a significant negative impact. The EPA is responsible for developing criteria to evaluate permit applications, while the National Oceanic and Atmospheric Administration (NOAA) administers the provisions related to marine sanctuaries.
The MPRSA also provides for a research program on ocean dumping and the designation and regulation of marine sanctuaries. The law established nine regional marine research boards to develop comprehensive marine research plans, considering water quality, ecosystem conditions, and research and monitoring priorities. The MPRSA further launched a national coastal water quality monitoring program, directing the EPA and NOAA to collect and analyze scientific data on the environmental quality of coastal ecosystems.
Compliance monitoring and confirmatory field monitoring are two main types of monitoring activities under the MPRSA. Compliance monitoring involves using GPS-based navigation tracking and draft sensor systems to ensure proper transportation and disposal operations. Confirmatory field monitoring includes physical, chemical, and biological surveys to assess the effectiveness of pre-disposal testing and confirm the protection of the marine environment. If monitoring indicates that disposal operations are causing harm, the Administrator may modify, suspend, or terminate site use.
The MPRSA is an important piece of legislation in the US's efforts to protect the ocean and coastal environments, working in conjunction with other laws such as the Clean Water Act and the Coastal Zone Management Act.
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The Clean Water Act
The CWA establishes the basic structure for regulating the discharge of pollutants into US waters and sets quality standards for surface waters. It made it unlawful to discharge pollutants from a point source into navigable waters without a permit. The National Pollutant Discharge Elimination System (NPDES) was introduced to regulate and permit these point sources, which include industrial, municipal, and agricultural facilities.
The Environmental Protection Agency (EPA) has implemented pollution control programs under the CWA, such as setting wastewater standards for industry. The EPA has also developed national water quality criteria recommendations for pollutants in surface waters, including 29 toxic pollutants in the Great Lakes. The CWA also provides funding for publicly-owned treatment works to improve wastewater treatment and maintain the integrity of wetlands.
The Clean Boating Act of 2008 was another amendment to the CWA, requiring the EPA to identify and manage pollution discharges from recreational vessels. The Oil Pollution Act of 1990 also amended the CWA, addressing the prevention, response, and payment of oil pollution incidents in US waters.
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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 address this, the Marine Debris Act, also known as the Marine Debris Research, Prevention, and Reduction Act, was established in 2006. This act has been amended several times since its inception to increase its effectiveness and broaden its scope.
The original act of 2006 established a program within the NOAA and the US Coast Guard to address marine debris and its adverse impacts. This included mapping, identification, impact assessment, and removal efforts, with a particular focus on marine debris that threatened living marine resources and navigation safety. The 2012 amendment to the act shifted the goal to address not only the impacts of marine debris on the marine environment but also on the US economy and safe navigation.
The Save Our Seas Act of 2018 further amended the Marine Debris Act, promoting international action to reduce marine debris and authorizing cleanup and response actions following severe events such as hurricanes or tsunamis. The most recent amendment, the Save Our Seas 2.0 Act of 2020, focused on combating marine debris through improved domestic infrastructure and enhanced global engagement. This act also led to the establishment of the Marine Debris Foundation, demonstrating a continued commitment to addressing marine pollution.
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The Coral Reef Conservation Act
In the United States, there is no single law that covers all ocean issues. Instead, various laws work together to protect the ocean's resources, its environmental integrity, and the lives that depend on it. One such law is the Coral Reef Conservation Act, established in 2000. This act was created to promote the wise management and sustainable use of coral reef ecosystems, as well as to develop sound scientific knowledge about the condition of coral reefs and the threats they face.
Healthy coral reefs are among the most biologically diverse, culturally significant, and economically valuable ecosystems globally. They provide billions of dollars in food, jobs, recreational opportunities, and coastal protection. However, coral reefs face numerous threats, including pollution, unsustainable fishing practices, and global climate change. More than 60% of the world's reefs are under threat from local stressors, such as fishing and land-based pollution, and this number increases to 75% when combined with the threat of thermal stress from climate change.
To address these challenges, the Coral Reef Conservation Act provides financial resources to local communities and non-governmental organizations engaged in coral reef preservation efforts. It also established the NOAA Coral Reef Conservation Program (CRCP), headquartered in Silver Spring, Maryland. The CRCP is part of NOAA's Office for Coastal Management and collaborates closely with NOAA scientists in the National Ocean Service, National Marine Fisheries Service, Office of Oceanic and Atmospheric Research, and National Environmental Satellite, Data, and Information Service.
The CRCP's mission is to protect, conserve, and restore coral reef resources by maintaining healthy ecosystem functions. They partner with state and territorial governments, academic institutions, non-governmental organizations, and community groups to address local issues impacting coral reef ecosystems. The program's information portal, the Coral Reef Information System (CoRIS), provides access to NOAA coral reef data and products, facilitating collaboration and the sharing of knowledge and resources.
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Frequently asked questions
There are several laws that protect the ocean from pollution. Here are some key examples:
- The Clean Water Act, which establishes the basic structure for regulating the discharge of pollutants into US waters.
- The Marine Protection, Research, and Sanctuaries Act of 1972, which requires an annual report from the Administrator of the Environmental Protection Agency on the administration of the ocean dumping permit program.
- The Coral Reef Conservation Act, which was established in 2000 to preserve coral reef ecosystems and promote wise management.
- The Save Our Seas 2.0 Act of 2020, which enhances domestic programs to address marine debris and international engagement to combat the issue.
Internationally, the United Nations Convention on the Law of the Sea provides an overarching international legal framework. The convention includes the establishment of the International Seabed Authority (ISA), which manages activities in the seabed beyond national jurisdiction. Additionally, the United Nations General Assembly launched a process in 2004, which culminated in the adoption of the BBNJ Agreement in June 2023. This agreement aims to ensure the conservation and sustainable use of marine biological diversity beyond national jurisdiction.
The Coastal Zone Management Act encourages collaboration between state governments and the federal government to protect and preserve coastal resources. Additionally, the Shore Protection Act is applicable to the transportation of municipal and commercial wastes in coastal waters, aiming to minimize waste deposition and ensure proper reporting and cleanup.
Yes, the Oil Pollution Act was enacted in 1990 to address the wide range of problems associated with preventing, responding to, and paying for oil pollution incidents in US navigable waters.
