Chapter 1: Setting the Stage

Introduction

• The nation's marine interests are vast and complex, requiring a national action plan.

• There is a need for a cohesive framework to address immediate ocean problems, develop knowledge, and create laws for future marine activities.

Historical Context

• Stratton Commission: Established by the Marine Resources and Engineering Development Act of 1966 to recommend a national ocean policy.

  • Report titled Our Nation and the Sea emphasized coastal planning and federal agency involvement.

• Notable legislation enacted after the report:

  • 1970: Establishment of NOAA (National Oceanic and Atmospheric Administration).

  • 1972: Enactment of the Coastal Zone Management Act (CZMA) recognizing coasts as a national resource.

  • 1972-1973: Introduction of several key acts including the Marine Mammal Protection Act, Clean Water Act, and the Endangered Species Act.

• Oceans Act of 2000: Created the U.S. Commission on Ocean Policy for a comprehensive ocean policy review.

Challenges in Ocean and Coastal Law

• Complex Legal Authorities:

  • Management involves various laws at local, state, federal, and international levels.

  • Laws include property, resource use, environmental protection, and marine operations.

  • Fragmentation of laws leads to discrepancies in managing resources and rights.

• Jurisdictional Zones:

  • U.S. divides marine areas into state and federal jurisdictions:

    • States own submerged lands up to 3 nautical miles offshore (9 miles in TX and FL).

    • Federal jurisdiction generally extends from 3 miles to 200 miles offshore.

• Overlapping Jurisdictions:

  • Multiple federal agencies have authority over ocean resources, complicating regulation.

  • Example: The offshore oil and gas leasing process engages several regulatory agencies.

Emerging Uses of Marine Resources

• New developments such as offshore wind farms lack specific federal management frameworks.

• Existing laws may not fully address new marine uses which can lead to jurisdictional ambiguities.

International Law and Ocean Jurisdiction

• Post-WWII Developments:

  • Truman Proclamation (1945): U.S. asserted jurisdiction over continental shelf resources.

  • Notable international treaties include the 1958 Geneva Conventions and the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

• Jurisdictional Zones Defined Under International Law:

  • Internal Waters: National sovereignty applies.

  • Territorial Sea (0 to 12 Nautical Miles): Sovereignty over airspace, water, seabed.

  • Contiguous Zone (12 to 24 Nautical Miles): Authority to enforce customs, immigration, and sanitary laws.

  • Exclusive Economic Zone (12 to 200 Nautical Miles): Rights for exploration and exploitation of resources.

  • Continental Shelf: Seabed and subsoil beyond territorial seas.

  • High Seas: Traditional freedoms of navigation, fishing, and resource harvesting apply.

Conflicting Jurisdictions in U.S. Law

• Public Trust Doctrine: States hold tidewaters in trust for public benefit, focusing on navigation, fishing, and environmental protection.

• Submerged Lands Act (SLA): Transferred federal rights to coastal states for submerged lands up to 3 miles offshore.

Environmental Obligations

• National Environmental Policy Act (NEPA): Mandates federal agencies assess the environmental impacts of actions significantly affecting the environment.

  • Requires Environmental Assessments (EAs) and Environmental Impact Statements (EISs) for major federal actions.

  • NEPA also facilitates interagency cooperation and considerations during the planning phases.

Conclusion

• The chapter outlines the intricate legal framework governing U.S. ocean and coastal resources, from state to international levels.

• Subsequent chapters will explore the evolution of specific laws and regulations governing these domains.