| | REVIEW OF U.S. OCEAN AND COASTAL LAW: THE EVOLUTION OF |
| | 3,13 | | MB | OCEAN GOVERNANCE OVER THREE DECADES |
| | 182 | | stron |
| | 2645 | | ID | U.S. Commission on Ocean Policy, National Oceanic and Atmospheric |
| | 2005 | | rok | Administration |
| | CONTENTS |
| | Chapter 1: Setting the Stage 1 |
| | Introduction 1 |
| | Challenges for Ocean and Coastal Law 2 |
| | A Complex Mosaic of Legal Authorities 2 |
| | Overlapping Jurisdictions, Isolated Issues 2 |
| | Addressing New and Emerging Uses 3 |
| | International Law of Ocean Jurisdiction 3 |
| | Post-World War II Law of the Sea 4 |
| | Ocean Jurisdictional Zones 5 |
| | Some Confusing Jurisdictional Terminology 10 |
| | U.S. Federal and State Jurisdiction 12 |
| | Establishment of State Seaward Boundaries 12 |
| | Imposing Environmental Responsibilities on Federal Agencies: the National Environmental Policy |
| | Act 14 |
| | Chapter 2: Coastal Management 17 |
| | Introduction 17 |
| | Governing Statutes 17 |
| | Coastal Zone Management Act 17 |
| | National Flood Insurance Act 19 |
| | Coastal Barrier Resources Act 19 |
| | Selected Issues 20 |
| | State Coastal Management Program Development, Approval, and Review 20 |
| | CZMA Federal Consistency Requirement 21 |
| | Regulation of Coastal Development 27 |
| | Coastal Management and the Takings Issue 28 |
| | Public Access to Beaches and Shores 29 |
| | Chapter 3: Living Marine Resources 31 |
| | Introduction 31 |
| | Governing Statutes 31 |
| | Magnuson-Stevens Fishery Conservation and Management Act 31 |
| | Marine Mammal Protection Act 34 |
| | Endangered Species Act 37 |
| | Selected Issues 40 |
| | State and Federal Jurisdictional Issues and Native American Rights 40 |
| | Habitat Protection 44 |
| | Consultation in Marine Resources Management 46 |
| | Managing the Allocation of Fishery Resources 48 |
| | Management of Take under the MMPA and ESA 54 |
| | Regulation of Take under the ESA 57 |
| | Fishery Interactions with Marine Mammals 59 |
| | International Issues 62 |
| | Treaties 62 |
| | Meeting International Responsibilities and Implementing Federal Laws 63 |
| | Appendix 6 |
| | Review of U.S. Ocean and Coastal Law |
| | Chapter 4: Ocean and Coastal Pollution from Land-based Sources 69 |
| | Introduction 69 |
| | Governing Statutes 69 |
| | Clean Water Act 69 |
| | Coastal Zone Act Reauthorization Amendments of 1990 73 |
| | Clean Air Act 74 |
| | Farm Bill Conservation Programs 76 |
| | Ocean Dumping Act 77 |
| | Comprehensive Environmental Response, Compensation, and Liability Act 78 |
| | Resource Conservation and Recovery Act 79 |
| | U.S./Canada Great Lakes Water Quality Agreement 80 |
| | United Nations Convention on the Law of the Sea 81 |
| | Selected Issues 82 |
| | Nonpoint Source Pollution 82 |
| | Point Source Pollution 87 |
| | Atmospheric Deposition 90 |
| | Chapter 5: Fuels, Minerals, and Energy Production from the Ocean 93 |
| | Introduction 93 |
| | Historical Background 93 |
| | Overview of Mineral and Energy Resources 94 |
| | Governing Statutes 95 |
| | Submerged Lands Act 95 |
| | Outer Continental Shelf Lands Act 96 |
| | Clean Water Act 102 |
| | Oil Pollution Act 103 |
| | Clean Air Act 104 |
| | Statutes Protecting Living Marine Resources 105 |
| | Deep Seabed Hard Mineral Resources Act 106 |
| | Ocean Thermal Energy Conversion Act 107 |
| | Rivers and Harbors Act 108 |
| | Selected Issues 109 |
| | Application of Mineral Leasing Authority to Seabed off the Territories and Possessions 109 |
| | Development of Non-Mineral Sources of Energy within the Exclusive Economic Zone 109 |
| | Offshore Oil and Gas Development 110 |
| | Bilateral/International Issues: the Western Gap 112 |
| | Chapter 6: Other Uses of Offshore Federal Waters 115 |
| | Introduction 115 |
| | Selected Governing Statutes and Related Issues 115 |
| | Submerged Cultural Resources in the Oceans 115 |
| | National Marine Sanctuaries and Other Marine Protected Areas 121 |
| | Deepwater Ports 123 |
| | Bioprospecting 126 |
| | Artificial Reefs 127 |
| | Appendix 6 |
| | Review of U.S. Ocean and Coastal Law |
| | Chapter 7: Marine Operations 131 |
| | Introduction 131 |
| | The Role of International Law and Standards in Marine Operations 131 |
| | Coast Guard Role in Regulating Marine Operations 136 |
| | Governing Statutes and International Agreements 137 |
| | Marine Safety and Security: International Treaties to which the United States is Signatory 137 |
| | Marine Safety and Security: Federal Governing Statutes 141 |
| | Marine Environmental Protection: International Treaties to which the United States is Signatory 147 |
| | Marine Environmental Protection: Federal Governing Statutes 152 |
| | Selected Issues 162 |
| | Federal versus State Regulation of Marine Operations 162 |
| | Uniform National Standards versus Clean Water Act National Pollutant Discharge Elimination |
| | System Permitting for Vessel Discharges 164 |
| | Problems in National Implementation of International Vessel Pollution Requirements 165 |
| | Jurisdiction over Enforcement of Marine Operations in Coastal Zones 168 |
| | Chapter 8: Conclusion 171 |