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Managing the Ocean Resources of the United States: The Role of the Federal Marine Sanctuaries Program

Managing the Ocean Resources of the United States: The Role of the Federal Marine Sanctuaries Program

Daniel P. Finn

ISBN: 978-1-118-66968-6

Mar 2013, American Geophysical Union

192 pages

Select type: O-Book

Description

Published by the American Geophysical Union as part of the Lecture Notes on Coastal and Estuarine Studies Series, Volume 2.

Federal programs applicable to the oceans and coastal zone have evolved incrementally in response to perceived needs to expedite emerging maritime development while conserving valuable marine resources. As a result, the current federal marine effort is divided among a plethora of programs administered by a number of agencies within different Departments. The programs themselves are conducted under the authority of multiple statutes with varying reaches and objectives; as a result they often overlap and conflict. There is no assurance, moreover, that the coverage of federal programs is complete in scope or comprehensive in conception. No single institutional device can ensure that these programs will manage the marine resources of the United States consistently and comprehensively, so as to derive maximum public benefit. While the present maze of statutes, regulations, and executive directives may in theory provide opportunities for a wide-ranging consideration of all relevant factors prior to making specific decisions, there can be no guarantee that this objective is realized either systematically or reasonably effectively.

I. INTRODUCTION 1

II. CASE STUDIES 4

A. Conflicting Statutory Policies and Programs — OCS Oil and

Gas Lease Sale No. 42 (Georges Bank) of the Department of the Interior 4

B. Overlapping Regulatory Authority

The Santa Barbara Channel and the Channel Islands 23

C. Gaps in Statutory Authority to Manage and Protect Outer

Continental Shelf Resources — Historical Objects and

Living Resources 41

III. INTERAGENCY COORDINATION FOR THE MANAGEMENT OF MARINE RESOURCES 63

A. The Sructure of Federal Marine Programs 63

B. Problems in Interagency Coordination for Marine Resources

Management 71

IV. THE MARINE SANCTUARIES PROGRAM 77

1. Inherent Problems 79

2. History and Past Management 84

3. Political Factors 89

4. Organizational Considerations 91

V. THE ROLE OF DESIGNATING MARINE AREAS FOR SPECIAL MANAGEMENT  93

1. Broadened Institutional Perspective 95

2. Interagency Accommodation and Executive Coordination  97

3. Public Participation 99

4. Management Advantages 100

5. Facilitation of New Uses 104

6. International Considerations 105

7. Intergovernmental Coordination 109

8. Regulatory Flexibility 112

VI. RECOMMENDATIONS AND CONCLUSIONS 114

A. Recommendations for the Design and Implementation of the

Special Area Designation Process 114

B. Conclusions 119

NOTES 122

ALPHABETICAL LIST OF MAJOR REFERENCES 182