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The Shared Coast

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The Shared Coast The Shared Coast ApplicationApplication ofof thethe OceanOcean CommissionCommission RecommendationsRecommendations inin MississippiMississippi andand AlabamaAlabama Josh Clemons, Research Counsel Mississippi-Alabama Sea Grant Legal Program This publication was supported by the National Sea Grant College Program of the U.S. Department of Commerce’s National Oceanic and Atmospheric Administration under NOAA Grant # NA16RG2258, The Mississippi-Alabama Sea Grant Consortium and the University of Mississippi. The views expressed herein do not necessarily reflect the views of any of those agencies. Publication No. MASGP 05-002 Mississippi-Alabama Production and Design: Waurene Roberson TABLE OF CONTENTS Introduction . 1 The Commission’s Recommendations to the States . 1 Analysis of the Commission’s Recommendations . 3 Relevant State Government Entities . 9 Measures the State and Local Governments Can Take to Further the Commission’s Recommendations . 11 i INTRODUCTION On September 20, 2004, the U.S. Commission on Ocean Policy released its final recommenda- tions for a new, comprehensive national ocean policy in a report entitled An Ocean Blueprint for the 21st Century. Representing the first comprehensive review of the nation’s ocean policy in thir- ty-five years, the report outlines a strategy for ensuring the ongoing protection and sustainable use of the nation’s oceans, coasts, and Great Lakes. Congress established the Commission in the Oceans Act of 2000. The president appointed its sixteen members from an array of fields including government, academia, business, and industry. The Commission took testimony from scientific experts, elected officials, governmental managers and policy makers, interest groups and the general public. The Commission learned of a variety of threats to coastal areas, including pollution, declining fish populations, habitat loss, and inva- sive species. Then it set out to develop policy approaches to solve these problems. The Commission’s guiding vision was a “desirable future” in which the nation’s coasts enjoy vibrant health while serving a myriad of human needs. The key to realizing this vision is replac- ing the current hodgepodge of regulation, which is largely based on political boundaries, with ecosystem-based management. Achieving this goal will require developing an ocean policy frame- work that is coordinated on the national level; getting high-quality scientific data to managers in a form they can use; and educating the public. The Commission refined these extremely broad ideas into 212 recommendations to Congress, the executive branch leadership, the federal government agencies, regional bodies (such as the fish- ery management councils), and states. States are to play a strong role in developing and imple- menting national ocean policy, and state involvement in many of the recommendations may be appropriate. However, the Commission directly recommended specific state action in only seven of the recommendations. These recommendations are reproduced below in their entirety. The first number in each recommendation number represents the chapter in which that recommendation appears. THE COMMISSION’S RECOMMENDATIONS TO THE STATES Recommendation 5–1. The National Ocean Council should work with Congress, the President’s Council of Advisors on Ocean Policy, and state, territorial, tribal, and local leaders, including rep- resentatives from the private sector, nongovernmental organizations and academia, to develop a flexible and voluntary process for the creation of regional ocean councils. States, working with rel- evant stakeholders, should use this process to establish regional ocean councils, with support from the National Ocean Council.1 Recommendation 5–4. Pending the creation of a regional ocean council, the governors in each region should select a suitable entity to operate a regional ocean information program that carries out research, data collection, information product development, and outreach based on the needs and priorities of ocean and coastal decision makers. 1. An Ocean Blueprint for the 21st Century, Final Report of the U.S. Commission on Ocean Policy — Pre- Publication Copy 58 (U.S. Commission on Ocean Policy 2004) (hereafter “O.C. Report”). 1 The entity assigned to carry out the regional ocean information program should: • include representation from federal agencies, state, territorial, tribal, and local decision makers, scientists, as well as experts in information exchange and outreach. • communicate regional research and information priorities to federal agencies and others with ocean and coastal responsibilities to help guide their programs. • maintain strong links with the regional ocean observing systems to help them fulfill regional data collection requirements while adhering to national Integrated Ocean Observing System require- ments.2 Recommendation 11–1. Congress should amend the Coastal Zone Management Act to create a dedicated funding program for coastal and estuarine land conservation. In addition, a larger share of U.S. Department of Agriculture and other federal agency conservation programs should be directed to coastal and estuarine lands. To guide these programs, each state should identify prior- ity coastal habitats and develop a plan for establishing partnerships among willing landowners for conservation purposes, with participation from federal agency, local government, nongovernmen- tal, and private-sector partners.3 Recommendation 14–2. The U.S. Environmental Protection Agency (EPA), working with states, should increase technical and financial assistance to help communities improve the permitting, design, installation, operation, and maintenance of septic systems and other on-site treatment facilities. State and local governments, with assistance from EPA, should adopt and enforce more effective building codes and zoning ordinances for septic systems and should improve public edu- cation about the benefits of regular maintenance.4 Recommendation 14–3. The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA) should support research on the removal of nutrients from ani- mal wastes that may pollute water bodies and on the impact of pharmaceuticals and other con- taminants on water quality. EPA and USDA should also develop improved best management prac- tices that retain nutrients and pathogens from animal waste on agricultural lands. Where neces- sary to meet water quality standards, states should issue regulatory controls on concentrated ani- mal feeding operations in addition to those required by EPA.5 Recommendation 14–11. The U.S. Environmental Protection Agency, the National Oceanic and Atmospheric Administration, and other appropriate entities should increase assistance and out- reach to provide decision makers with the knowledge and tools needed to make sound land use decisions that protect coastal water quality. State and local governments should adopt or revise existing codes and ordinances to require land use planning and decision making to carefully con- sider the individual and cumulative impacts of development on water quality, including effects on stormwater runoff.6 2. Id. at 63. 3. Id. at 131. 4. Id. at 169. 5. Id. at 170. 6. Id. at 179-80. 2 Recommendation 19–22. The National Marine Fisheries Service (NMFS), Regional Fishery Management Councils, states, and interstate fisheries commissions, should develop regional bycatch reduction plans that address the broad ecosystem impacts of bycatch for areas under their jurisdiction. Implementation of these plans will require NMFS to collect data on bycatch of all species captured by commercial and recreational fishermen, not only of commercially important species. The selective use of observers should remain an important component of these efforts.7 ANALYSIS OF THE COMMISSION’S RECOMMENDATIONS Recommendation 5-1 Chapter 5 of the report is entitled “Advancing a Regional Approach.” One of the Commission’s proposed instruments of regional management is the regional ocean council. The regional coun- cils will collaborate with the National Ocean Council, which will be a part of the executive branch consisting of cabinet-level secretaries, agency administrators, and others with ocean and coastal responsibilities. The National Ocean Council will direct national ocean policy and coordinate the various federal departments and agencies relevant to that task. The regional councils will perform similar functions on the regional scale, and will provide input to the national council. The exact composition and duties of the regional councils will be determined by the regional par- ticipants. However, the Commission suggests that the regional councils have the following char- acteristics: (1) ecosystem-based boundaries that encompass, at a minimum, the area between the inland boundaries of coastal watersheds and the offshore boundary of the U.S. exclusive econom- ic zone; (2) the capability to address a wide range of ocean and coastal issues; and (3) a broad membership, including representatives from all levels of government as well as non-government stakeholders.8 The Commission also expects the regional councils to perform three “core func- tions”: (1) coordinating responses to regional issues; (2) developing regional goals and priorities; and (3) providing input to the national council.9 Recommendation 5-1 relates to the establishment of the regional councils, and in fact contains two distinct but related recommendations. The first is that the national council develop a
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