How the Coasts and Oceans Are Governed
Federal State Regional
 |
Environmental Protection
Agency Regions |
 |
U.S. Army Corp of Engineers
Regulatory Districts |
 |
NOAA National Marine
Fisheries Service Regions |
Governing from the Federal Level
Legislation
Federal statutes passed by the U.S. Congress,as well as the U.S. constitution, establish national maritime boundaries, set ocean resource management policies, and define the authorities of federal agencies created to implement and enforce policies for national ocean management. The Search Legislation page on this site displays laws relevant to the governance and management of ocean and coastal resources and describes the activities and programs of federal agencies active in ocean management.
Some of the primary federal agencies that manage the coastal zone and ocean include:
- U.S. Coast Guard
- U.S. Environmental Protection Agency
- U.S. Minerals Management Service
- U.S. Army Corps of Engineers
- U.S. Fish and Wildlife Service
- National Oceanic and Atmospheric Administration (NOAA)
Maritime Boundaries
Maritime boundaries delimit the extent of a nation's sovereignty, exclusive rights, jurisdiction and control over the maritime areas off its coast. Some of the primary national maritime zones are described below. For more information on maritime boundaries, please see the Federal Geographic Data Committee (FGDC) Marine Boundary Working Group home page.
- Federal-State boundary – The limit of state's jurisdictions under the Submerged Lands Act.
- Revenue Sharing Boundary – Allows states to claim an equitable share of revenues when a federal lease is within three miles of the territorial sea boundary.
- Territorial Sea – The U.S. asserts sovereignty over its lands, airspace, seabed and water from the baseline to the 12-nautical-mile territorial sea boundary.
- Contiguous Zone – A belt of sea, adjacent to the territorial sea, over which the U.S. exercises the control necessary to prevent infringement of its customs, fiscal, immigration, or sanitary laws.
- Exclusive Economic Zone – Within this zone, the U.S. has sovereign rights and exclusive jurisdiction to protect and manage its natural resources, including any economic development. The seaward limit of the zone is generally 200 nautical miles from the baseline.
Executive Actions
Ocean management policies can also be established by executive actions. For example, U.S. President Ronald Reagan signed presidential proclamation 5030 in 1983, which established the U.S. Excusive Economic Zone (EEZ). Within its EEZ, the U.S. has sovereign rights over all living and non-living resources. Historically, presidents have also shaped ocean policy by appointing commissions to take a comprehensive look at the nation's use of the oceans. These policy commissions include the Straton Commission in 1967 and the U.S. Commission on Ocean Policy in 2000. While these commissions do not have binding legal authority, their recommendations often prompt federal and state legislative action. The most recent executive action related to ocean governance is the U.S. Ocean Action Plan of 2004.
U.S. Ocean Action Plan
The U.S. Ocean Action Plan (PDF), released by the Bush administration on December 17, 2004 , details both immediate and long-term actions to address management and protection of ocean, coastal, and Great Lakes resources. In addition to these recommendations, the president created by executive order a cabinet-level “Committee on Ocean Policy” to direct activities of executive branch departments and agencies in ocean issues and to promote current and future environmental and economic interests.
Action highlights:
- Establish a new cabinet-level Committee on Ocean Policy.
- Work with regional fisheries councils to promote greater use of market-based systems for fisheries management.
- Build a global earth observation network, including integrated ocean observation.
- Support accession to the United Nations Convention on the Law of the Sea.
- Implement coral reef local action strategies.
- Support a regional partnership in the Gulf of Mexico .
- Seek passage of NOAA Organic Act establishing NOAA within Department of Commerce with clear authority as the lead civilian ocean agency.
- Implement the administration’s National Freight Action Agenda.
Back to Top
Governing from the State Level
Statutes and Regulations
At the state level, coastal and ocean governance consists primarily of statutes and regulations that establish management policies within state waters, typically waters within three nautical miles of the shoreline, and that regulate coastal development and other land-based activities that have significant impacts on coastal and ocean resources.
State statutes are laws that are passed by state legislatures. These statutes, in addition to certain elements state constitutions, also create the various agencies, departments, offices, commissions, and boards that are required to carry out these laws. State agencies are then granted the power to further interpret the statute and assign specific duties for establishment of a regulation.
Regulations, also referred to as "administrative rules", are enforced by state agencies. They are often very specific in nature and change frequently to adapt to the changing needs of the resources they address. For example, many state fishery regulations are revised annually to incorporate up-to-date information on state fish populations.
The Search Legislation page on this site displays state laws relevant to the governance and management of ocean and coastal resources, and describes the activities and programs of state agencies active in ocean management.
Coastal Zone Management Programs
The National Coastal Zone Management Program is a federal-state partnership dedicated to comprehensive management of the nation’s coastal resources, ensuring their protection for future generations while balancing competing national economic, cultural, and environmental interests.
The Coastal Zone Management Program (CZMP) is authorized by the Coastal Zone Management Act of 1972 and administered at the federal level by the NOAA Office of Ocean and Coastal Resource Management. The 34 states and territories with federally approved coastal management programs are responsible for the day-to-day management decisions of the CZMP.
Summaries of the state and territory coastal management programs are maintained by the NOAA Office of Ocean and Coastal Resource Management.
Back to Top
Governing from the Regional Level
In 2004, the U.S. Commission on Ocean Policy called for a series of institutional and policy changes to improve management of our ocean resources. One key feature of the Ocean Commission’s institutional vision is regional ocean councils. Organized geographically on the scale of large marine ecosystems, the regional ocean councils would provide a forum for local, state, and federal agencies to coordinate ocean management activities.
Across the country, coastal states are in the very early stages of forming regional coordination bodies. Early examples of regional groups include the Gulf of Mexico Alliance and the Gulf of Maine Council.
Chesapeake Bay Program
The Chesapeake Bay Program created by the Chesapeake Bay Agreement of 1983, includes members of various state, federal, academic and local watershed organizations to build and adopt policies that support Bay restoration. Initially formed by the governors of Maryland, Virginia and Pennsylvania, the mayor of the District of Columbia, and the administrator of the U.S. Environmental Protection Agency, the Chesapeake 2000 agreement provided the opportunity for the watershed states of Delaware, New York and West Virginia to become more involved in the Bay Program partnership. The Program’s highest priority is restoration of the Bay’s living resources through river-specific cleanup plans for reducing the nutrients (primarily nitrogen and phosphorous) and sediment that flow into the Chesapeake Bay.
Gulf of Maine Council
The Gulf of Maine Council on the Marine Environment is a U.S.—Canadian partnership of government and non-governmental organizations working to maintain and enhance environmental quality in the Gulf of Maine to allow for sustainable resource use by existing and future generations. The governors and premiers of the five Gulf of Maine jurisdictions — Massachusetts, New Hampshire, Maine, New Brunswick, and Nova Scotia—created the Council in 1989 as a regional forum to exchange information and engage in long-term planning. The council's activities include:
- Offering grants and recognition awards
- conducting environmental monitoring
- Providing science translation to management
- Raising public awareness about the Gulf of Maine
- organizing conferences and workshops
- Connecting people, organizations, and information.
Gulf of Mexico Alliance
The Gulf of Mexico Alliance was created in 2004 to increase collaboration among federal, state, and local agencies to improve environmental conditions in the Gulf of Mexico. The alliance has brought together the U.S. Gulf of Mexico states Alabama, Florida, Louisiana, Mississippi, and Texas and federal agencies such as EPA’s Gulf of Mexico Program and the National Oceanic and Atmospheric Administration. The state-federal alliance outlined five priorities for restoring, protecting, and improving the waters of the Gulf of Mexico:
- Improve and protect water quality.
- Restore coastal wetlands and estuarine ecosystems.
- Reduce pollution and nutrient loading.
- Identify and characterize Gulf of Mexico habitats to support coastal management.
- Expand environmental education to improve stewardship.
Northeast Regional Oceans Council (NROC)
In August 2005, the New England Governors and Eastern Canadian Premiers established the Northeast Regional Ocean Council (NROC) to facilitate the development of more coordinated and collaborative regional goals and priorities, and improve responses to regional issues. The primary intent is to link together and cultivate regional ocean management and science institutions and programs for the Gulf of Maine, Long Island Sound, and southeastern New England. NROC is comprised of governor-appointed representatives and volunteer participants. In November, NROC finalized a work plan that identified the following four core ocean management areas where regional coordination is needed:
- Ocean energy resource planning and management
- Ocean and coastal ecosystem health
- Maritime security
- Coastal hazard response and resiliency
West Coast Governor's Agreement on Ocean Health
The Governors of Washington, Oregon, and California announced the West Coast Governor's Agreement on Ocean Health in September of 2006, to address critical ecosystem-level
ocean and coastal protection and management issues that cross political boundaries and face all three states. The states will work together to identify measures to address
ocean health concerns at the West Coast regional level, and to develop a coordinated set of actions in response in the following priority areas:
- Ensuring clean coastal waters and beaches
- Protecting and restoring healthy ocean and coastal habitats
- Promoting the effective implementation of ecosystem-based management of our ocean and coastal resources
- Reducing adverse impacts of offshore development
- Increasing ocean awareness and literacy among our citizens
- Expanding ocean and coastal scientific information, research, and monitoring
- Fostering sustainable economic development throughout our diverse coastal communities
Back to Top
