MPRSA

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MPRSA

• Marine Protection, Research Sanctuaries Act

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Five titles make up the MPRSA
Titles I II Ocean Dumping Act Focuses on the
research and regulation of materials that are
dumped into ocean waters. Title III National
Marine Sanctuary Act Provides for identification,
designation, management, and conservation of
specific portions of the marine ecosystem that
are designated as National Marine
Sanctuaries Title IV Marine Research
Program Establishes federally managed regional
marine research programs Title V National
Coastal Monitoring Act Establishes a national
program for consistent monitoring of the Nations
coastal ecosystem.
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Ocean Dumping Act

• Title I Regulation of Dumping
• Title II - Research

4
Ocean Dumping Act

• Policy Congressional Declaration of Purpose (
  1401)

Congress recognizes the dangers of unregulated
dumping Unregulated dumping of material into
ocean waters endangers human health, welfare, and
amenities, and the marine environment, ecological
systems, and economic potentialities And thus
stated that it was the policy of the US to
regulate the dumping of all types of materials
into ocean waters, and strictly limit or prevent
the dumping of hazardous materials.
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Ocean Dumping Act - Purpose

• Prohibits the transportation of materials for the
  purpose of dumping by ( 1411)
• Ships and planes flying the US flag
• Originating in the US
• Anyone intending to dump materials into US
  territorial waters or into a zone neighboring US
  territorial waters
• Unless a permit is obtained or in cases of
  emergency

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Ocean Dumping Act Key Definitions (1402)

• Secretary Secretary of the Army
• Administrator Administrator of the Environmental
  Protection Agency
• Material Matter of any description
• (examples dredged material, solid waste,
  incinerator residue, garbage, sewage, sewage
  sludge, munitions, radiological, chemical, and
  biological warfare agents, radioactive materials,
  chemicals, biological and laboratory waste, wreck
  or discarded equipment, rock, sand, excavation
  debris, and industrial, municipal, agricultural,
  and other waste)
• Dumping Disposition of material
• (NOT including routine discharge from vessels,
  construction of any fixed structure or island, or
  the deposit of materials made for the purpose of
  developing, maintaining, or harvesting fisheries
  resources.)
• Dredged Material Any material excavated or
  dredged from waterways
• Ocean Waters Territorial waters as defined by
  the Convention on the Territorial Sea and the
  Contiguous Zone (expanded by the Convention of
  the Law of the Sea see interactions with other
  laws supra)

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Ocean Dumping Act Issuance of Permits

• EPA has exclusive right to issue permits except
  for permits relating to dumping of dredged waste
• The Secretary of the Army and the Corps of
  Engineers has independent authority to issue
  permits for dredged materialsHowever, before
  issuing a permit the Secretary must notify the
  EPA which can choose to veto the permit if it is
  not consistent with the EPAs environmental
  criteria (ADMMARL 18-5)

9
Ocean Dumping Act Issuance of Permits

• The Environmental Protection Agency (EPA) may
  issue permits for dumping that will not
  unreasonably degrade or endanger human health,
  welfare, amenities, or the marine environment,
  ecological systems, or economic potentialities.

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Ocean Dumping Act Issuance of Permits

• After notice and opportunity for public hearing
• NEVER issued for radiological, chemical, and
  biological warfare agents, high-level radioactive
  waste, and medical waste
• Consult Federal, State, and local officials,
  interested members of the general public subject
  to Administrators discretion, and the Secretary
  of the Department of the Army when regulations
  affect the Armys civil works programs
• Issued by regional EPA administrators (region of
  origin, final decision made by Administrator if
  contested).
• PROCESSING FEES APPLY
• 1000 for permit to dump at specified site
• 3000 for permit to dump at unspecified site
• Government exempt from permit fees

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• Permit factors
• The need for the proposed dumping.
• The effect of such dumping on human health and
  welfare, including economic, esthetic, and
  recreational values.
• The effect of such dumping on fisheries
  resources, plankton, fish, shellfish, wildlife,
  shore lines and beaches.
• The effect of such dumping on marine ecosystems,
  particularly with respect to(i) the transfer,
  concentration, and dispersion of such material
  and its byproducts through biological, physical,
  and chemical processes.(ii) potential changes in
  marine ecosystem diversity, productivity, and
  stability, and(iii) species and community
  population dynamics.
• The persistence and permanence of the effects of
  the dumping.
• The effect of dumping particular volumes and
  concentrations of such materials.
• Appropriate locations and methods of disposal or
  recycling, including land-based alternatives and
  the probable impact of requiring use of such
  alternate locations or methods upon
  considerations affecting the public interest.
• The effect on alternate uses of oceans, such as
  scientific study, fishing, and other living
  resource exploitation, and non-living resource
  exploitation
• In designating recommended sites, the
  Administrator (of the EPA) shall utilize wherever
  feasible locations beyond the edge of the
  Continental Shelf.

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Ocean Dumping Act Permit Conditions

• Must include
• (1)  type of material
• amount of material
• location for dumping
• conditions, limitations and requirements
  necessary to remain consistent with
  site-management plans (if any apply)
• any special provisions deemed necessary for
  monitoring and surveillance of dumping
• any other matters deemed appropriate

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Ocean Dumping Act Permit Conditions

• Restrictions
• Valid 7gt
• May be limited or denied, reviewed, revised or
  revoked (in part or in whole) if monitoring data
  suggests that materials cannot be dumped
  consistent with factors considered when applying
  for permits
• Notice and opportunity for hearing on proposed
  action required
• Must be displayed
• Copy will be furnished to Secretary and Coast
  Guard

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• There are 6 different kinds of permits issued
  pursuant to the MPRSA. These are enumerated in 40
  C.F.R. 220.3 -
• General Permits issued for the dumping of
  materials that have a minimal adverse
  environmental impact and are being dumped in
  small quantities. Issued upon application or when
  the Administrator deems it appropriate.
• Special Permits issued for dumping of materials
  (still must meet the criteria from the Act) and
  expire no more that 3 years from the date of
  issuance.
• Emergency Permits issued for dumping of
  materials in a situation which otherwise would
  pose an unacceptable risk relating to human
  health and admits of no other feasible solution.
  Emergencies not limited to situations requiring
  immediate action.
• Interim Permits no longer issued originally
  allowed for the phasing out of ocean dumping and
  compliance with the Act following passage of new
  standards.
• Research Permits Issued for dumping of
  materials into the ocean as part of a research
  project when it is determined that the
  scientific merit of the proposed project
  outweighs the potential environmental or other
  damage that may result from the dumping. Expire
  no later than 18 months from date of issuance.
• Incineration at Sea Permits issued as research
  or interim permits until site is designated as an
  official incineration at sea site.

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Ocean Dumping Act Dredged Materials

• Regulated by Corps of Engineers statement of
  purpose
• The Dredging Operations and Environmental
  Research (DOER) Program supports the U.S. Army
  Corps of Engineers Operation and Maintenance
  Navigation Program. Research is designed to
  balance operational and environmental initiatives
  and to meet complex economic, engineering, and
  environmental challenges of dredging and disposal
  in support of the navigation mission. Research
  results will provide dredging project managers
  with technology for cost-effective operation,
  evaluation of risks associated with management
  alternatives, and environmental compliance.
• See Dredging Operations and Environmental
  Research (DOER) http//el.erdc.usace.army.mil/do
  ts/doer/

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Ocean Dumping Act Dredged Materials

• Why do we restrict the dumping of something that
  was already underwater?
• (http//www.yoto98.noaa.gov/yoto/meeting/mar_env_3
  16.html)
• Unregulated and uncontrolled disposal of dredged
  material can increase suspended solids in the
  water column and smother benthic organisms. If
  the sediments are contaminated, there is a
  potential for acute or chronic toxicity in marine
  organisms and a risk to human health.

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Ocean Dumping Act Dredged Materials Fact

• 60 million cubic yards of dredged material are
  disposed of in the ocean at designated sites. (30
  CLMJEL 1). This constitutes approximately 20 of
  the disposed dredged material.

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• Pre-application Consultation Includes discussion
  of alternatives and the information required for
  use in evaluating the proposed dredged material.
• Evaluation of Dredged Material Proposed for Ocean
  Disposal Includes development, approval and
  implementation of a sampling and analysis plan
  and an assessment of compliance with the ocean
  dumping criteria.
• Permit Application Title 33 Code of Federal
  Regulations Part 325.1 (33 CFR 325.1) describes
  the requirements of the permit application. In
  addition, the application should include
• a. An evaluation of dredged material disposal
  alternatives including an examination of
  potential beneficial uses of the proposed dredged
  material.
• b. Written documentation of the site dredging
  history and a general survey of other prior or
  current dredging activities at or near the site.
• c. References to existing or prior MPRSA Section
  103 permits.
• Review of Application for Completeness
  Additional information is requested if the
  application is incomplete.
• Issuance of Public Notice by District Public
  Notices must include all of the information
  required in 33 CFR 325.3(a)
• EPA Review EPA has 45 days with an optional
  additional 45 day extension to review the
  information and to determine compliance with the
  ocean dumping criteria. If additional information
  is needed, EPA has 30 days to request that
  information.
• District Engineer Completes Evaluation The COE
  addresses comments and holds a public meeting if
  needed.
• Public Interest Review The COE considers all
  comments and incorporate them into the
  administrative record of the application.
• Permit Issued A decision to issue or deny a
  permit is discussed in either a Statement of
  Findings or Record of Decision and the permit is
  issued.
• Permit Public Notice A list of permit decisions
  is published.
• (http//www.epa.gov/region4/water/oceans/Dredged_M
  aterial_Permit_Process.html)

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Ocean Dumping Act Dredged Material Site
Selection

• (http//www.epa.gov/owow/oceans/regulatory/dumpdre
  dged/framework/4openwaterdisp.pdf)
• Selection of sites under the MPRSA is based on
  criteria to avoid unacceptable, adverse impacts
  on biota and other amenities. Existing
  information regarding fishing, shipping, mineral
  extraction, spawning, breeding, nursery grounds,
  and other cultural and historical elements are
  examined.

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• Site characteristics considered
• Currents and wave climate.
• Water depth and bathymetry.
• Potential changes in circulation patterns or
  erosion patterns related to refraction of waves
  around the disposal mound.
• Bottom sediment physical characteristics
  including sediment grain-size differences.
• Sediment deposition versus erosion.
• Salinity and temperature distributions.
• Normal levels and fluctuations of background
  turbidity.
• Chemical and biological characterization of the
  site and environs (e.g., relative abundance of
  various habitat types in the vicinity, relative
  adaptability of the benthos to sediment
  deposition, presence of submerged aquatic
  vegetation, and presence of unique, rare or
  endangered, or isolated populations).
• Potential for recolonization of the site.
• Previous disposal operations.
• Availability of suitable equipment for disposal
  at the site.
• Ability to monitor the disposal site adequately
  for management decisions.
• Technical capability to implement management
  options should they appear desirable.
• Ability to control placement of the material.
• Volumetric capacity of the site.
• Other site uses and potential conflicts with
  other activities (e.g., sport or commercial
  fisheries, shipping lanes, and military use).

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Ocean Dumping Act Title II

• Title II concentrates on research concerning
  ocean dumping as well as the development of
  technologies and techniques designed to minimize
  the harm ocean dumping causes to marine
  ecosystems. (ADMMARL 18-5)
• 2 types of research NOAA and EPA

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• Types of Research -
• There are 2 types of research authorized under
  Title II of the MPRSA general research under the
  National Oceanic and Atmospheric Administration
  (NOAA) and research related to phasing out
  ocean disposal activities under the EPA.
• The NOAA is directed to carry out a
  comprehensive, long-term research program on the
  effects not only of ocean dumping, but also of
  pollution, over-fishing, and other human-induced
  changes on the marine ecosystem. This includes
  damage from oil spills.
• The EPA is tasked with determining alternatives
  to ocean dumping. This role includes "research,
  investigations, experiments, training,
  demonstrations, surveys, and studies to minimize
  or end the dumping of sewage sludge and
  industrial wastes.
• (http//digital.library.unt.edu/govdocs/crs/permal
  ink/meta-crs-10071)

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Ocean Dumping Act Interactions with other laws

• Clean Water Act
• The CWA and MPRSA have overlapping jurisdictions
  in the realm of ocean dumping. Specifically, the
  dumping from vessels in the territorial seas is
  regulated in both acts. The EPA passed a uniform
  set of standards located at 40 C.F.R. 220-29.
  The MPRSA preempts the CWA in coastal waters and
  open oceans while the CWA is controlling in
  estuaries.

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Ocean Dumping Act Interactions with other laws

• International Convention on the Prevention of
  Marine Pollution by Dumping of Wastes and Other
  Matter
• (Dumping Convention or London Convention)
  ratified in 1973 (entered into force in 1975)
• "take effective measures individually, according
  to their scientific, technical, and economic
  capabilities, and collectively, to prevent marine
  pollution caused by dumping and harmonize their
  policies in this regard. ADMMARL 18-5

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Ocean Dumping Act Interactions with other laws

• Dumping Convention / London Convention protocols
  of 1996
• Prohibits all dumping except
• (1) dredged material (2) sewage sludge (3) fish
  waste (4) vessels and man-made structures at
  sea (5) inert geological material (6) organic
  material of natural origin and (7) certain
  unharmful bulky items made of iron, steel or
  concrete.
• incineration at sea or dumping of radioactive
  waste also prohibited
• Although US was instrumental in negotiating
  1996 protocols and is a signatory, it has yet to
  ratify see http//www.epa.gov/owow/oceans/regul
  atory/dumpdredged/londonconvention.html

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Ocean Dumping Act Interactions with other laws

• Convention of the Law of the Sea
• 1982
• Directs states to control pollution by dumping
  within its territorial seas, continental shelf,
  and exclusive economic zone and over vessels
  flying its flag.

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Ocean Dumping Act Interactions with other laws

• Law of the Sea
• Article 200 specifies that signatory states
  participate and cooperate in research, exchange
  information, and participate in regional and
  international programs for the dissemination of
  information.
• Article 207 allows states to set their own laws
  and regulations to control pollution through
  dumping, considering their own unique
  geographical characteristics of their particular
  coastlines when establishing criteria and
  standards for pollution under those laws.
• Article 210 specifies that states should issue
  permits for dumping within their jurisdictional
  waters. It specifies that states should
  periodically reassess permitting standards based
  on regional and global pollution.
• (11 BKNJIL 355)

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Ocean Dumping Act Interactions with other laws

• Law of the Sea
• Enforcement
• Individual states have enforcement powers over
  their territorial waters, continental shelves,
  and economic zones
• Expands jurisdictional area to
• (1)Territorial Sea extends 12 nautical miles
  from shore
• (2) Exclusive economic zone up to 200 miles out
  to sea
• (3) Continental shelf either 200 miles nautical
  miles or the outer edge of the continental
  margin
• (4) Any vessel flying the flag of the nation -
  Does NOT include high seas
• widens scope of state control and empowers
  national laws to control dumping

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• (1) Governed by Articles 228 and 218 of the Law
  of the Sea.
• Port states can take action against vessels for
  dumping done outside of their territorial waters.
  They can only commence proceedings while the
  offending vessel is within their territorial
  waters.
• (2) Actions against vessels must be suspended if
  the flag state begins proceedings against the
  vessel within 6 months unless the coastal state
  initiating the original action has sustained
  major damage or the flag state has been lax in
  enforcing its international obligation to redress
  dumping violations.
• (3) States are required to settled disputes
  peacefully. Only monetary penalties are
  available unless a willful and serious act of
  pollution in the states territorial sea takes
  place. If so, the parties may choose to have
  their grievances brought before International
  Tribunal for the Law of the Sea, the
  International Court of Justice, an arbitral
  tribunal, or a special arbitral tribunal.
• (4) Article 246 of the Law of the Sea specifies
  these jurisdictional boundaries. Articles 218
  219 enable states to initiate proceedings to
  punish violators.
• (11 BKNJIL 355)

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Ocean Dumping Act - Remedies

• Criminal
• In addition to civil penalties, offenders who
  knowingly violates any provision of the Act or
  permit conditions shall be
• ?fined under Title 18
• ?imprisoned for gt5
• AND
• ?forfeiture of any property
• ?obtained from the violation
• AND
• ?used to commit the violation

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Ocean Dumping Act - Remedies

• Civil - Monetary
• Fines assessed by Administrator
• Up to 50,000 for each violation
• Up to 125,000 for each for medical waste
• written notice and opportunity for hearing
• separate days and separate vessels count as
  separate violations. Example 5 ships dumping
  waste for 3 days 15 separate violations

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Ocean Dumping Act - Remedies

• Civil Injunctions
• The Attorney General can bring actions to stop
  imminent or continuing violations under the Act.
  US District Courts have jurisdiction to grant
  this relief.

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Ocean Dumping Act - Remedies

• Civil Suspension and Revocation of Permits
• The Administrator and Secretary have the right to
  suspend or revoke any issued permit for a
  violation of the Act

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Ocean Dumping Act Remedies

• Citizen Suits
• A private citizen has a right to bring a civil
  suit under the MPRSA for injunctive relief
  against any person, including the United States
  (11th Amend. bar still applicable). The US
  District Court in the district where the
  violation occurred has jurisdiction to hear
  citizen suits without regard to amount in
  controversy or citizenship of the parties
  requirements.
• injunctive relief does not foreclose right of
  individuals to seek alternate relief under other
  statutes or common law for violations

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Ocean Dumping Act - Remedies

• Citizen Suits
• Suits cannot be brought
• Within 60 days of informing the Administrator or
  Secretary about the violation
• If the Attorney General is already pursuing legal
  action, either criminal or civil, against the
  violator (including permit revocation/suspension)

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• 1415 (g) Civil suits by private persons 
• Except as provided in paragraph (2) of this
  subsection any person may commence a civil suit
  on his own behalf to enjoin any person, including
  the United States and any other governmental
  instrumentality or agency (to the extent
  permitted by the eleventh amendment to the
  Constitution), who is alleged to be in violation
  of any prohibition, limitation, criterion, or
  permit established or issued by or under this
  subchapter. The district courts shall have
  jurisdiction, without regard to the amount in
  controversy or the citizenship of the parties, to
  enforce such prohibition, limitation, criterion,
  or permit, as the case may be.
• No action may be commenced(A) prior to sixty
  days after notice of the violation has been given
  to the Administrator or to the Secretary, and to
  any alleged violator of the prohibition,
  limitation, criterion, or permit or(B) if the
  Attorney General has commenced and is diligently
  prosecuting a civil action in a court of the
  United States to require compliance with the
  prohibition, limitation, criterion, or permit
  or(C) if the Administrator has commenced action
  to impose a penalty pursuant to subsection (a) of
  this section, or if the Administrator, or the
  Secretary, has initiated permit revocation or
  suspension proceedings under subsection (f) of
  this section or(D) if the United States has
  commenced and is diligently prosecuting a
  criminal action in a court of the United States
  or a State to redress a violation of this
  subchapter.
• (A) Any suit under this subsection may be brought
  in the judicial district in which the violation
  occurs. (B) In any such suit under this
  subsection in which the United States is not a
  party, the Attorney General, at the request of
  the Administrator or Secretary, may intervene on
  behalf of the United States as a matter of right.
  
• The court, in issuing any final order in any suit
  brought pursuant to paragraph (1) of this
  subsection may award costs of litigation
  (including reasonable attorney and expert witness
  fees) to any party, whenever the court determines
  such award is appropriate.
• The injunctive relief provided by this subsection
  shall not restrict any right which any person (or
  class of persons) may have under any statute or
  common law to seek enforcement of any standard or
  limitation or to seek any other relief (including
  relief against the Administrator, the Secretary,
  or a State agency).

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National Marine Sanctuaries Act Title III

• Was enacted in 1972 to protect marine sanctuaries
  that, possess conservation, recreational,
  ecological, historical, research, educational, or
  esthetic qualities which give them special
  significance.
• Allows for the creation of national marine
  sanctuaries by the Secretary of Commerce and
  denotes prohibited activities and corresponding
  civil and criminal penalties

40
National Marine Sanctuaries Act- Purpose

• Policy and Congressional Declaration of Purpose
  ( )

• Congress recognized the importance of protecting
  special areas of the public domain
• Certain areas of the marine environment
  possess conservation, recreational, ecological,
  historical, scientific, educational, cultural,
  archeological, or esthetic qualifies which give
  them special national, and in some cases
  international, significance
• Congress goal was to establish a federal program
  which establishes areas of the national marine
  environment that have the special qualities
  listed above

41
National Marine Sanctuaries Act- Goals

• To create a National Marine Sanctuary System,
  comprised of areas of the marine environment that
  are of special national significance
• To provide authority for comprehensive and
  coordinated conservation and management of these
  marine areas
• To support, promote, and coordinate scientific
  research
• To develop and implement coordinated plans for
  the protection and management of these areas

42
National Marine Sanctuaries Act- Significance
Why is it important to have sanctuaries? The
primary objective of a sanctuary is to protect
its natural and cultural features while allowing
people to use and enjoy the ocean in a
sustainable way. Sanctuary waters provide a
secure habitat for species close to extinction
and protect historically significant shipwrecks
and artifacts. Sanctuaries serve as natural
classrooms and laboratories for schoolchildren
and researchers alike to promote understanding
and stewardship of our oceans. They often are
cherished recreational spots for sport fishing
and diving and support commercial industries such
as tourism, fishing and kelp harvesting. -
Office of National Marine Sanctuaries
43
National Marine Sanctuaries Act- Definitions

• Marine Environment areas of the coastal and
  ocean waters, the Great Lakes and their
  connecting waters, and submerged lands over which
  the United States exercises jurisdiction
  including the exclusive economic zone, consistent
  with international law
• Secretary Secretary of Commerce
• Sanctuary Resource any living or nonliving
  resource of a national marine sanctuary that
  contributes to the conservation, recreational,
  ecological, historical, educational, cultural,
  archeological, scientific, or aesthetic value of
  the sanctuary

44
National Marine Sanctuaries Act Creation of
Sanctuaries

• The Act gives the Secretary of Commerce the
  power to designate an area as a national marine
  sanctuary if

• The area is of special national significance

• Existing state and federal authorities or law are
  not adequate or need to be supplemented to
  ensure coordinated and comprehensive conservation
  and management of the area, including resource
  protection, scientific research, and public
  education.

• Congress can also designate sanctuaries
• The President can designate Marine National
  Monuments as part of the National Sanctuary
  System (under authority from the Antiquities Act
  to establish Marine National Monuments)

45
National Marine Sanctuaries Act Public
Involvement
Once the Secretary determines that an area should
be designated as a national marine sanctuary, the
Act sets forth a procedure for creating the
designation. One important provision provides for
proposed regulations to be published in the
Federal Register (official daily publication for
rules, proposed rules, and notices of Federal
agencies and organizations). The public is
invited to send comments and suggestions relating
to these proposed regulations. Once the comments
are taken into account by the Secretary, a final
rule will be published in the Federal Register.
46
National Marine Sanctuaries Act Map of National
Sanctuary System
http//sanctuaries.noaa.gov/visit/welcome.html
47
Monterey Bay
Fernando De Noronha
Thunder Bay
http//www.wildnatureimages.com/Monterey20Bay20N
ational20Marine20Sanctuary202.htm
http//photopages.info/archives_digital_photo/date
/2007/04/11/
Michpics.wordpress.com
Fagatele Bay
Grays Reef
http//www.loc.gov/rr/scitech/tracer-bullets/fish.
html
Florida Keys
http//www.loc.gov/rr/scitech/tracer-bullets/fish.
html
Hawaiian Islands Humpback Whale
Olympic Coast
http//celebrating200years.noaa.gov/events/conserv
stewards/image3.html
http//www.noaanews.noaa.gov/stories2008/20080918_
olympiccoast.html
http//www.magazine.noaa.gov/stories/images/fagate
lebay.jpg
48
National Marine Sanctuaries Act Advisory Councils

• The Act gives the Secretary the power to
  establish advisory councils to advise and make
  recommendations . . . regarding the designation
  and management of national marine sanctuaries.

49
National Marine Sanctuaries Act Administration
The Secretary has put the National Oceanic and
Atmospheric Administration (NOAA) in charge of
the administration of national marine
sanctuaries. The NOAA created the Office of
National Marine Sanctuaries which manages the
fourteen national marine sanctuaries.
http//sanctuaries.noaa.gov/welcome.html
50
National Marine Sanctuaries Act Creation of
Sanctuaries
The Secretary is also given the power to create
any necessary regulations to apply to each
sanctuary.
51
National Marine Sanctuaries Act Common
Regulations

• Discharging material or other matter into the
  sanctuary
• Disturbance of, construction on, or alternation
  of the seabed
• Disturbance of cultural resources
• Exploring for, developing, or producing oil, gas,
  or minerals
• Disturbance of marine life

52
National Marine Sanctuaries Act Interaction with
International Law

• The Act shall be carried out in accordance
  with generally recognized principals of
  international law and in accordance with
  treaties, conventions, and other agreements to
  which the United States is a party.
• Can only be enforced with regard to US citizens,
  nationals, and resident aliens

53
National Marine Sanctuaries Act Interaction with
Other Law

• The Florida Keys National Marine Sanctuary and
  Protection Act designated the Florida Keys
  National Marine Sanctuary subsuming the Key Large
  and Looe Key national marine sanctuaries that
  were designated under the NMSA in 1977 and 1981,
  respectively.
• The Hawaiian Islands National Marine Sanctuary
  and Protection Act designated the Hawaiian
  Islands Humpback Whale National Marine Sanctuary.
• The Oceans Act of 1992 designated the Stellwagen
  Bank National Marine Sanctuary off the coast of
  Massachusetts.
• The National Marine Sanctuaries Preservation Act
  of 1996 added Stetson Bank to the Flower Garden
  Banks National Marine Sanctuary.
• The National Marine Sanctuaries Amendments Act of
  2000 gave the President authority to establish a
  Northwestern Hawaiian Islands Coral Reef
  Ecosystem Reserve, which he did via Executive
  Order 13178 on December 4, 2000.
• The Antiquities Act gives the President
  authority to protect natural and cultural objects
  through designation of a national monument. 
  Although this authority has been largely used to
  protect terrestrial resources, the President used
  it to designate the Papahanaumokuakea Marine
  National Monument (Presidential Proclamation
  8031) on June 15, 2006. 

54
National Marine Sanctuaries Act Fishing
Regulations

• The Secretary shall provide the appropriate
  Regional Fishery Management Council with the
  opportunity to prepare draft regulations for
  fishing within the Exclusive Economic Zone as the
  Council may deem necessary to implement the
  proposed designation.
• However, the Act specifically states that a
  permit will not be required for any fishing
  activity within a Sanctuary.

55
National Marine Sanctuaries Act Prohibited
Activities

• The Act makes it unlawful for anyone to
• Destroy, cause the loss of, injure, possess,
  sell, offer for sale, purchase, import, export,
  deliver, carry , transport, or ship any sanctuary
  resource (civil)
• Interfere with the enforcement of Title III by
  (criminal)
• Refusing to permit an any officer authorized to
  enforce title III to board a vessel to search
  or inspect
• Resisting, opposing, impeding, intimidating,
  harassing, bribing, interfering with, or forcibly
  assaulting anyone authorized by the Secretary
  or
• Knowingly and willfully submitting false
  information to the Secretary or any authorized
  officer relating to a Title III search

56
National Marine Sanctuaries Act Enforcement

• The Secretary is given the power to enforce the
  Act
• Additionally, anyone the Secretary designates as
  an authorized officer to aid with enforcement
  of the Act

57
National Marine Sanctuaries Act Remedies

• Criminal Remedies
• Fine and/or imprisonment for not more than six
  months
• If a dangerous weapon is used or bodily injury
  occurs or is imminent
• Fine and/or imprisonment for not more than 10
  years

58
National Marine Sanctuaries Act Remedies

• Civil Remedies
• Fine of no more than 10,000/violation
• Each day a continuing violation shall constitute
  a separate violation
• Cannot be fined until the charged person has been
  given notice and an opportunity for a hearing
• If fail to pay, Secretary can ask AG to recover
• Charged person can obtain review in District
  Court

59
National Marine Sanctuary Act Remedies

• Injunctive Relief
• If there is an imminent risk of destruction or
  loss of or injury to a sanctuary resource or if
  a resource has been actually destroyed gives rise
  to liability
• Then the Secretary can request the AG to obtain
  the necessary injunctive relief

60
National Marine Sanctuaries Act Research,
Monitoring, Education

• The Secretary shall conduct, support, or
  coordinate research, monitoring, evaluation, and
  education programs consistent with the purposes
  and policies of this title.

61
National Marine Sanctuaries Act Special Use
Permits

• The Act gives the secretary the power to issue
  Special Use Permits for activities in a sanctuary
  if the designation is necessary
• To establish conditions of access to and use of
  any sanctuary resource or
• To promote public use and understanding of a
  sanctuary resource.

62
Marine Research Programs Title IV

• Title IV establishes federally managed regional
  marine research programs.
• Mandates the establishment of regional marine
  research boards for the Gulf of Maine region,
  the greater NY bight region, the mid-Atlantic
  region, the South Atlantic region, the Gulf of
  Mexico region, the California region, the
  California region, the North Pacific region, the
  Alaska region, insural Pacific region.

63
Marine Research Programs Purpose

• To establish regional research programs, under
  effective Federal oversight to
• Set priorities for regional marine and coastal
  research in support of efforts to safeguard the
  water quality and ecosystem health of each
  region and
• To carry out such research through grants and
  improved coordination

64
Marine Research Programs Board Composition

• 11 Members
• Each member should have a pertinent expertise to
  the region
• Four year terms
• Each board shall cease to exist on October 1st,
  1999.

65
Marine Research ProgramsFunctions of Board

• Each board shall
• Develop a regional marine research plan
• Provide for review and comment on research plans
• Submit a report to Congress on marine
  environmental research issues and activities w/in
  the region

66
Marine Research Programs Regional Research Plans

• Contents of Plan
• An overview of an environmental quality
  conditions in the coastal and marine wasters of
  the region and expected trends in these
  conditions
• A comprehensive inventory and description of all
  marine research related to water quality and
  ecosystem health expected to be conducted in the
  region during the 4-year term of the plan
• A general description of marine research and
  monitoring objectives and timetables for
  achievement through the funding of projects under
  Title IV during the four year period covered by
  the plan

67
Marine Research Programs Research Grant Program

• Annually, each board can submit an application
  for a grant to the Administrator of the National
  Oceanic and Atmospheric Administration to fund
  projects set forth in the plan

68
Title V National Coastal Monitoring Act

• Purpose To establish a national program for
  consistent monitoring of the Nations coastal
  ecosystem.

69
National Coastal Monitoring Act Comprehensive
Coastal Water Quality Monitoring Program
Administration

• The Administrator, state, and local authorities
  should jointly develop and implement a program to
  measure the environmental quality of the Nations
  coastal ecosystems
• The EPA has primary authority oversee
  implementation of the programs

70
National Coastal Monitoring Act Coastal Water
Quality Monitoring Programs Guidelines

• The Administrator and Under Secretary were
  given the task of creating guidelines for the
  coastal water quality monitoring programs.
• The guidelines should
• Provide an appropriate degree of uniformity
  among the coastal water quality monitoring
  methods and data while preserving the flexibility
  of monitoring programs to address specific
  needs.
• Establish scientifically valid monitoring
  methods.

71
National Coastal Monitoring Act Intensive
Coastal Water Quality Monitoring Programs

• All water quality monitoring programs should
  include an intensive coastal water quality
  monitoring program. As part of the intensive
  program, the Administrator and Under Secretary
  shall contract with the National Research
  Council to conduct a study to identify the
  coastal areas suitable for the establishment of
  intensive coastal monitoring programs.

72
National Coastal Monitoring Act Intensive
Coastal Water Quality Monitoring Programs

• The Administrator and Under Secretary are given
  the power to jointly designate coastal areas to
  be intensively monitored.
• National Research Council should provide
  recommendations and advice
• Specific areas
• Massachusetts and Cape Cod Bays
• Gulf of Maine
• Chesapeake Bay
• Hudson-Raritan Estuary

73
National Coastal Monitoring Act Intensive
Coastal Water Quality Monitoring Programs Tasks

• ID water quality issues and provide information
  to assist in improving coastal water quality
• Survey existing monitoring activities and private
  compliance with regulations and integrate new
  monitoring activities w/ the old
• Specify implementation requirements for the
  program

74
National Coastal Monitoring Act Criteria for
Monitoring the Mass. and Cape Code Bays
75
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