Helena Joyce
The United States has a variety of laws that work together to safeguard the ocean's resources, its environmental integrity, and the lives that depend on it. These laws are implemented by the Environmental Protection Agency (EPA) and other federal agencies. One of the most important laws is the Clean Water Act (CWA), which has prohibited the discharge of oil or hazardous substances into most US waters, including the ocean since 1972. The CWA establishes wastewater standards for industry and water quality standards for contaminants in surface waters. Other notable laws include the Marine Mammal Protection Act (MMPA), which holds individuals and government agencies responsible for ensuring their actions do not harm marine mammals, the Magnuson-Stevens Fishery Conservation and Management Act (MSA), which helps ensure sustainable fishing by preventing overfishing and rebuilding stocks, and the Coastal Zone Management Act (CZMA), which encourages collaboration between state and federal governments to protect and preserve coastal resources.
| Characteristics | Values |
|---|---|
| Clean Water Act (CWA) | Prohibits the discharge of oil or hazardous substances into U.S. waters, including the ocean. Provides a framework for regulating discharges of pollutants and setting water quality standards. |
| Oil Pollution Act | Addresses the prevention, response, liability, and compensation for oil pollution incidents in U.S. navigable waters. |
| Marine Debris Act | Guides U.S. efforts to prevent and clean up marine debris in the oceans, including trash and various other types of waste. |
| Marine Mammal Protection Act | Protects marine mammals such as whales, seals, and sea lions from human-caused death and harassment. |
| Endangered Species Act | Protects threatened and endangered species in the ocean, including sea turtles, sea birds, and corals. |
| Magnuson-Stevens Fishery Conservation and Management Act (MSA) | Establishes a 200-mile zone from the shore to regulate fish stocks and prevent overfishing in U.S. waters. |
| Antiquities Act | Allows the President to designate historic landmarks and places of scientific interest on land or ocean owned by the Federal Government as national monuments, protecting them from extractive damage. |
| BEACH Act | Amends the Clean Water Act to protect public health at coastal recreation waters by setting water quality criteria for pathogens. |
| Shore Protection Act | Minimizes the deposit of waste into coastal waters during the transportation of municipal and commercial wastes. |
| Act to Prevent Pollution from Ships | Implements international protocols from the 1970s to prevent pollution from ships, including wastes, oil, and hazardous substances. |
| National Environmental Policy Act (NEPA) | Requires government agencies to analyze the environmental impacts of major federal actions and take necessary measures to protect the environment. |
| Marine Protection, Research, and Sanctuaries Act (MPRSA) or Ocean Dumping Act | Regulates the disposal of wastes and other materials in the oceans to safeguard human health and the marine environment. |
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What You'll Learn
The Clean Water Act (CWA)
The CWA was first enacted in 1948 as the Federal Water Pollution Control Act, but it was significantly expanded and renamed the Clean Water Act in 1972. The Act gives the Environmental Protection Agency (EPA) the authority to implement pollution control programs and set wastewater standards for industries. It also establishes national water quality criteria and recommendations for pollutants in surface waters. Under the CWA, it is unlawful for any person or entity to discharge any pollutant from a point source into US waters without a permit from the EPA's National Pollutant Discharge Elimination System (NPDES). The EPA issues permits that outline specific discharge standards based on available and economically feasible treatment technologies.
The CWA has been amended several times to strengthen its provisions and address specific issues. For example, the Oil Pollution Act of 1990 amended the CWA to address oil pollution incidents in US navigable waters. It established a comprehensive regime for preventing, responding to, and holding responsible parties liable for oil pollution caused by vessels and facilities. The Act also increased penalties for non-compliance and broadened the federal government's response and enforcement authorities.
Another important amendment to the CWA is the BEACH Act, signed into law in 2000. This amendment specifically focuses on protecting public health at coastal recreation waters by requiring the EPA to recommend water quality criteria for pathogens like bacteria and viruses. These criteria are then adopted by states, territories, and tribes into their water quality standards.
The CWA also includes provisions for enforcement and compliance monitoring. The EPA's primary enforcement authorities are outlined in CWA § 309, and the Act also specifies conditions under which citizens can file civil actions related to violations. The CWA is an essential tool in the United States' efforts to protect and restore the integrity of its waterways and ensure safe drinking water for its citizens.
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Marine Mammal Protection Act
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 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 cease to be significant functioning elements of their ecosystems.
The MMPA mandates protection for all marine mammals and their habitats. It prohibits the "take" of marine mammals, which includes harassment, hunting, capturing, collecting, or killing, in U.S. waters and by U.S. citizens on the high seas. The Act also includes a moratorium on imports of marine mammals and aims to maintain sustainable populations. Some exceptions to the moratorium exist, such as permitted incidental take in the commercial fishing industry and authorized incidental take during non-fishing activities like oil and gas development.
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 is responsible for the protection of whales, dolphins, porpoises, seals, and sea lions. The U.S. Fish and Wildlife Service focuses on the conservation and management of sea and marine otters, walruses, polar bears, manatees, and dugongs. Meanwhile, the Marine Mammal Commission provides independent, science-based oversight of federal agencies' policies and actions addressing human impacts on marine mammals and their ecosystems.
Under the MMPA, it is illegal to feed, attempt to feed, or harass marine mammals in the wild. Law enforcement officers work with the U.S. Coast Guard and state natural resource enforcement agencies to ensure compliance and take action when these laws are broken. The MMPA has helped protect numerous species of whales, Hawaiian monk seals, and Steller sea lions, among other marine mammals.
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The Magnuson-Stevens Fishery Conservation and Management Act (MSA)
The MSA created eight regional fishery management councils, composed of state fishery officials and fishing industry representatives. These councils are tasked with developing fishery management plans, which are then approved and implemented by the National Marine Fisheries Service (NMFS), an agency within the National Oceanic and Atmospheric Administration (NOAA). The MSA's National Standards require that management measures actually prevent overfishing, are based on the best scientific information available, and are fair and equitable.
The MSA has been amended several times to address the ongoing issues of overfishing and overcapacity. The Sustainable Fisheries Act of 1996 and the MSA Reauthorization Act of 2006 aimed to identify and rebuild overfished stocks. The 2006 reauthorization also strengthened fisheries science, management, and conservation by establishing annual catch limits and accountability measures, promoting market-based management strategies, and enhancing international cooperation to address illegal and unreported fishing.
The MSA was further amended in 2010, with a focus on ending overfishing by requiring fishery managers to set science-based annual catch limits and by regulating the types of gear used, licensing of vessels, and the use of observers on fishing boats. In 2018, the Modernizing Recreational Fisheries Management Act brought improvements to recreational fishing data and the management of mixed-use fisheries.
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The Marine Protection, Research and Sanctuaries Act (MPRSA)
The Marine Protection, Research, and Sanctuaries Act (MPRSA), also known as the Ocean Dumping Act, is a US law that regulates the disposal of materials into the ocean. The MPRSA was enacted in 1972 and has been amended several times. The act prohibits the transportation of any material for the purpose of ocean dumping, unless authorized by a permit. The Environmental Protection Agency (EPA) is responsible for issuing permits and establishing criteria for reviewing and evaluating permit applications. The MPRSA also authorizes the EPA to issue regulations to carry out its responsibilities under the act.
The MPRSA applies to all ocean waters seaward of the baseline from which the territorial sea is measured. This baseline is typically the mean lower low water line along the coast or "closing lines" drawn on maps across river mouths and bay openings, as depicted on official US Nautical Charts. The act prohibits dumping that will "unreasonably degrade or endanger" human health, welfare, or amenities, as well as the marine environment, ecological systems, or economic potentialities.
The MPRSA includes four types of permits: general permits, special permits, research permits, and federal agency permits. General permits are issued for materials with minimal adverse environmental impact, while special permits are issued for a maximum of three years. Research permits are granted when the scientific merit of a project outweighs potential environmental damage and are valid for up to 18 months. Federal agency permits are for transportation for the purpose of dumping from a foreign state party to the London Convention.
To obtain a permit, applicants must first review the requirements in the Ocean Dumping Regulations and then contact the EPA to discuss the applicability of the MPRSA to their proposed activities. The EPA has developed a Site Management and Monitoring Plan (SMMP) for designated sites, which outlines management and monitoring activities to ensure compliance with the MPRSA. Compliance monitoring includes GPS-based navigation tracking and draft sensor systems, while confirmatory field monitoring involves physical, chemical, and biological surveys to assess the effectiveness of pre-disposal testing programs.
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The Oil Pollution Act
The Act requires oil storage facilities and vessels to submit plans outlining their response to large discharges. It enforces the removal of spilled oil and assigns liability for the cost of cleanup and any resulting damage. The OPA defines responsible parties and financial liability, and it implements processes for measuring and specifying the damages for which violators are liable. It establishes a fund for damages, cleanup, and removal costs.
The OPA amended the Clean Water Act (CWA), which has prohibited the discharge of oil or hazardous substances into most US waters, including the ocean, since 1972. The CWA, signed into law in 1948 as the Federal Water Pollution Control Act, established the basic structure for regulating discharges of pollutants into US waters and set wastewater standards for industry and water quality standards for contaminants in surface waters. The CWA was renamed in 1977 and amended by the BEACH Act in 2000, which requires the EPA to recommend water quality criteria for pathogens that states, territories, and tribes can adopt into their standards.
The OPA was a response to the shortcomings of previous legislation, which became apparent in 1967 when the SS Torrey Canyon released over 100,000 tons of crude oil into the English Channel. While the owners were liable for cleanup costs, they were only required to pay $50—the value of the ship's only remaining lifeboat after the incident. The Exxon Valdez oil spill in 1989, the largest marine oil spill in recorded history at the time, further emphasized the need for comprehensive legislation.
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Frequently asked questions
The Clean Water Act, established in 1948, sets wastewater standards for industry and water quality standards for contaminants in surface waters. It prohibits the discharge of oil or hazardous substances into US waters and allows the government to penalize companies for polluting the ocean.
The MPRSA is implemented by the EPA, which works to prevent or limit the dumping of any material that could harm human health and the marine environment. The EPA designates ocean disposal sites and manages the times, quantity, and characteristics of disposed materials.
The MMPA holds individuals and government agencies responsible for ensuring their actions do not harm marine mammals. It also focuses on rebuilding populations of marine mammals and preventing the decline of others.
