This Year of the Ocean document was prepared as a background discussion paper and does not necessarily reflect the policies of the U.S. Government or the U.S. Government agencies that participated in its preparation.

Covering nearly three-quarters of the earth’s surface, marine and coastal waters are the earth’s largest and most vital resources, influencing global energy cycles and biological processes upon which all life depends. The ocean provides food, medicine, natural resources, habitat, and essential ecological services, contributing to many valuable commercial, recreational, and cultural opportunities. Each resource and service provided by the ocean relies upon high marine environmental quality. The complexity and interdependence of these resources, cycles, and biological processes are just being realized as answers are sought to questions such as:

• What are the existing conditions of marine environmental quality?
• Are marine environmental conditions getting better or worse?
• Are coastal and ocean ecosystems healthy?
• Can the fish and shellfish be eaten?
• Can swimming be permitted?
• Is enough being done to manage environmental quality in marine and coastal waters?
• Are there alternatives to traditional regulatory approaches that should be considered in managing pressures (e.g., land-based sources of pollution and coastal development) on the marine environment?
• How will increases in human population, increases in consumption, and improvements in technology affect the way people use the ocean, and what will be the resulting impacts on marine environmental quality?
• Can/should the assimilative capacities of the ocean be seen as the "ultimate sink" for high-risk wastes from human activities?

This paper will address marine environmental quality using a "pressure–state–response" approach. "Pressure" is the demand placed upon the marine environment and its resources by users, pollution, and land-based activities. "State" describes the current conditions resulting from these pressures. "Response" is what is being done to address the pressures. For the purposes of this paper, "ocean" will be broadly defined to include estuarine, marine and other coastal waters (e.g., the Great Lakes).¹

The ocean plays a critical role in energy and nutrient cycling; it supplies minerals and other natural resources, energy, and habitat for sustaining living resources, and provides a medium for recreation, learning and enlightenment. Nearshore ecosystems are supported by the ocean and the interrelationship between oceanic and land systems. This interrelationship can affect the profit and growth potential of many economic sectors, including natural resource harvesting (e.g., minerals and oil), commercial and recreational fishing, real estate, manufacturing, tourism, and waste assimilation. For communities and businesses around the country, clean water can mean the difference between economic decline and a bright, prosperous future. For marine organisms and ecosystems, marine environmental quality can mean the difference between life and death.

Value can be quantified for some oceanic resources (e.g., oil energy) and services (e.g., transportation), while for other resources, values can only be approximated. Each year, 64,000 million tons of sand is mined from the ocean for construction purposes and for beach renourishment. In the United States, offshore crude oil sites generate between $1 and $9 billion annually and directly employ 85,000 Americans. These sites account for 15 percent of U.S. oil production and 26 percent of natural gas production. While offshore petroleum drilling sites are still a viable source of energy, "alternative" non-hydrocarbon renewable energy sources such as temperature gradients and tidal energy are being explored. These alternative energy sources may depend upon marine environmental quality. Approximately 95 percent of all U.S. foreign trade is carried by vessels and passes through U.S. ports (MARAD, 1994). In 1992, 897 million tons of goods equaling $488 billion passed through U.S. ports (DOT, 1994).²

Food harvested from the ocean generates approximately $38 billion in economic activity for the nation annually. The bulk of this revenue is generated by the commercial fishing industry which employs nearly 250,000 people and 70,000 vessels. Recreational fisheries contribute an additional $18 billion annually to the U.S. gross national product. The impacts of poor water quality include fish kills and shellfish bed closures, contributing to millions of dollars in lost fishing revenues. Wetland losses, water diversions, and other construction activities have resulted in the loss of spawning and nursery habitat, further reducing commercial and recreational fisheries’ profits. (U.S. EPA, 1996).

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¹This broad definition is required because of the extensive use of estuaries, wetlands, and other coastal areas by humans, marine organisms, and wildlife dependent upon coastal ecosystems. In addition, evaluation of the interconnections between the land, particularly coastal watersheds, and the sea is critical to understanding the value of the resources and services provided by the ocean, and the potential impacts of land-based activities, often far from the ocean, upon ocean waters.

²For more information, see the Ocean Energy and Minerals Resources and the Marine Transportation Year of the Ocean Discussion Papers.

For more information, see the Ocean Energy and Minerals Resources and the Marine Transportation Year of the Ocean Discussion Papers.

From coral reefs to kelp forests, marine and coastal areas are as different as the life they support is diverse. As a result, these areas attract a multitude of tourists and provide a large variety of recreational activities. In 1993, the recreation and tourism industry was the second largest employer in the nation, with annual sales exceeding $380 billion. Healthy coastal ecosystems are critical to places like Martha’s Vineyard, Massachusetts, Santa Cruz, California, the Florida Keys, and similar coastal communities which enjoy revenue from tourists seeking places to swim, fish, boat, hunt, dive, hike, and observe wildlife. The importance of good marine environmental quality was evident in a recent survey conducted for Conde Nast Traveler magazine, wherein 25 percent of respondents revealed that they had changed travel plans because of environmental problems at their intended vacation destinations.

Along with direct monetary contributions, healthy marine ecosystems provide indirect contributions to local economies through their aesthetic, artistic, cultural, and spiritual value. For example, a 1991 American Housing Survey found that "when all else is equal, the price of a home located within 300 feet of a body of water increases by up to 28 percent." (Smith, 1995). Community and business leaders understand the potential value of waterfront locations, and often use them as a focal point for urban renewal.

Coastal wetlands, mangroves, and tidal flats play essential roles in nutrient cycling and providing habitat for wildlife, as well as protecting coastal developments from storm surges and filtering sediments and toxins from waters. Where development has been permitted in low lying areas close to the waters edge or in converted wetlands, infrequent yet intense storms cause billions of dollars in damages (e.g., damage costs from Hurricane Andrew in 1993 were $25 billion). Wetlands, barrier islands, and tidal flats provide a buffer from storms and assist in reducing shore erosion. Many municipalities and some industries are incorporating wetlands into their wastewater treatment systems to remove nutrients, process some chemical and organic wastes, and reduce sediment loads prior to discharge into riverine and marine waters. This form of pretreatment reduces industry and municipality costs, protects shellfish and swimming areas from closures, and reduces the number of fish consumption advisories issued. While wetlands help to improve and maintain water quality, they also play an important role in sustaining the health and abundance of marine species. It is estimated that 77 percent of shellfish and marine commercial species (Chambers, 1991) and 75 percent of all U.S. migrating waterfowl depend upon these areas during some stage of their life cycle.

Although it is difficult to quantify, an article in Science by Costanza et al. (1997), estimates the global value of the ocean and the services it provides to be $33 trillion per year. Most of this value lies outside the traditional market system (e.g., commercial fisheries), and comes instead from services such as waste treatment, nutrient cycling, and regulation of disturbances such as floods or storms. Thus, it is important not only aesthetically, but economically to take care of the health of the ocean and its resources.

Population growth, coastal development, resource demand, climate, relative sea-level rise, and natural coastal processes all affect marine environmental quality. Yet, nearly all of the threats to habitat and marine environmental quality are human induced pressures¾ from physical alteration of the environment to pollution impacts from human activities conducted either directly in/on marine waters or within the watershed.³ Land based activities impact marine environmental quality, which in turn influences other land and water activities. Increasing rates of economic growth and urbanization, pollution, and changes to ecosystems, can result in user conflicts in the marine environment.

Coastal areas are becoming increasingly crowded, with approximately 130 million people—more than half of the total U.S. population—currently residing within 80 miles of the coast. Growing at a faster rate than the nation as a whole, U.S. coastal populations are expected to reach 165 million people by the year 2015 (NOAA, 1997). Population growth translates into employment opportunities, economic prosperity, new industry, improved regional infrastructure, enhanced educational opportunities, and increased tax revenues. However, as coastal populations grow, so does the stress placed on the environment. The features that first attracted people to the coast can be lost or diminished if growth is not planned for or addressed during development. Of course, one outcome of economic growth is that an economic base is developed from which funds can be provided to ameliorate the impacts of growth.

Increasing population generally results in the conversion of open land and forest for activities such as commercial development, agriculture, forestry, and other activities that provide economic growth. In addition to physically altering the habitat, coastal development can reduce permeable surface area, thereby increasing the rate of runoff and impacting water quality by transporting sediments, toxic chemicals, pesticides, herbicides, pathogens, nutrients, and other pollutants to local waterways. Water recharge capacities can be reduced as habitat is changed to accommodate urban development. This "hardening of the coast" places stress upon the water table and can lead to saltwater intrusion and other marine environmental quality issues.

As urbanization and inland activities increase, so do the volumes of municipal and industrial waste discharged into local waterways. This can potentially impair water quality at the same time that demands for potable water, natural resources, energy supplies, wastewater treatment, and transportation of goods increase. Whether from runoff or discharges, excess nutrients, sediments, pathogens, and toxic chemicals can impair water quality. This in turn can result in a degradation or loss of fishing opportunities, changes in wildlife populations, a reduction in the value of wetlands and estuaries, decreases in wetlands available for water

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³Examples of activities that can impact marine environmental quality include conversion of open land and forests for commercial or residential development, agriculture, forestry, construction, marinas, commercial fishing, shell-fishing, hydro-modification activities (e.g., dams, dredging), and offshore drilling.

treatment, and decreased protection from storms. When habitat is lost, wildlife suffers from a lack of area to maintain life cycle processes.

The ongoing increase in global economic interdependency is expected to raise the value of U.S. imports and exports from $488 billion in 1992 to $1.6 trillion in 2010, while the volume increases from 897 million metric tons to 1.5 billion metric tons (U.S. DOT, 1994). Associated with this economic growth is an increase in potential impacts on marine environmental quality from the additional vessels, port activities, personnel, and other associated industries required to accommodate the production and transport of these additional goods and services. For example, with greater numbers of ships accessing U.S. ports, the potential for the introduction of non-indigenous species through ballast water exchange has increased proportionally.

Increasing demands for shellfish and commercial fish have spurred competition and technology improvements to increase fishing capabilities. According to the National Marine Fisheries Service, commercial landings by U.S. fishermen reached 10.5 billion pounds in 1993. Increased catches in the 1990s, however, reflected the increasing harvest of lower-valued species, as traditional commercial stocks became overfished in the late 1980s and 1990s (NMFS, 1996). Over-exploitation, in concert with impacts from pollution, habitat degradation, habitat modifications such as dams, and by-catch waste⁴, has resulted in a depletion of some edible fish stocks, placing some ecosystems on a path toward unsustainability, and leaving some fishing industries on the brink of collapse.

The travel and tourism industry is the largest and fastest growing segment of the expanding service industry in the United States. About 85 percent of all tourism revenues are received in coastal states, but with these revenues come increased demands for drinking water, housing, wastewater treatment, and recreational activities. As leisure pursuits change, so do the demands on waterway uses and water quality. According to the Sports Fishing Institute, Americans participated in 166 million days of fishing in 1990, and approximately 4 million people over the age of 16 participated in shell fishing. The recreational boating industry is growing rapidly with 73.4 million boaters having spent $10.5 billion on related products and services in 1991. Already stressed from pollution, reefs are at risk as increasing numbers of recreational divers concentrate at the ever fewer number of reefs still harboring great biological diversity.

Demands for energy and natural resources promote offshore exploration drilling and mining. These activities can impact marine habitats and water quality through physical disturbances, introduction of pollutants, and suspension of sediments into the water column.⁵

Eventually, the benefits derived from unregulated and uncontrolled economic growth and urbanization in an area can come full circle and be outweighed by losses of economic growth as residents, tourists, businesses, and industry choose to move to other areas where an infrastructure exists that can support the demands of multiple uses and still provide an aesthetically pleasing environment.

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⁴By-catch waste is defined here as marine life caught during commercial operations which are not the targeted species. Often these organisms are discarded.

⁵For more information see the Ocean Energy and Mineral Resources Year of the Ocean Discussion Paper.

Pollution Pressures

Direct Discharges

Direct discharges are defined here to include releases from vessels, discharges of municipal and industrial wastewater via pipelines, and dumping of waste materials, such as dredged material, into ocean waters. In the United States, there are more than 2,000 sewage treatment plants, municipalities, and industrial facilities discharging effluents into estuarine and coastal waters. Approximately 2.3 trillion gallons of effluent are discharged into marine waters from sewage treatment facilities annually. While most of this sewage meets secondary treatment standards prior to disposal, nutrients and pathogens from such discharges can contribute to the degradation of local marine ecosystems¾ creating "dead zones"⁶ and forcing the closure of shellfish beds and swimming areas. Nutrient loading can be significant causes of degradation to coral reefs and other coastal ecosystems.

More than 2.8 billion gallons of industrial waste water per day⁷ are discharged directly into U.S. ocean waters (U.S. EPA, 1994). Many of the chemicals discharged into marine waters can be toxic even in minute concentrations, and can compromise the water column, contaminate sediments, and concentrate in marine organisms. Leaching from hazardous waste sites has been the source of many toxins in marine waters (e.g., In New York, PCBs are leaching into the Hudson River in from an abandoned industrial plant). Exposure to these chemicals and metals can pose risks of acute or chronic⁸ toxicity to marine organisms. In addition, the risks to predators and humans can be increased if toxins become concentrated through the food chain. In some locations, thermal pollution from electric generating plants has been shown to stress marine organisms by raising the ambient temperature of the water.

During operations, vessels may be responsible for directly discharging oil, sewage, garbage, and non-indigenous species into marine waters. Some pollutants are from direct discharges (e.g., the emptying of sewage from vessel toilets, or ballast water exchange), while others may be a result of leaching (e.g., anti-fouling agents or paints).⁹ Once discharged, pathogens in sewage can impact drinking water intakes (e.g., in the Great Lakes), and necessitate the closing of shell fishing and swimming areas; discharged nutrients, meanwhile, can increase eutrophication^10,11

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⁶Dead zones are areas within a water body where the oxygen level in the water is so low that plants, fish, and other marine organisms are unable to survive.

⁷This estimate excludes electric utilities and offshore oil and gas effluents.

⁸Acute levels of toxins are defined as lethal, while chronic levels are sublethal and result in disease or disruptions to physiological or reproductive processes.

⁹According to 1991 customs data, ballast water exchanges from foreign vessels exceeds 58 million gallons per day (Shipping Study, 1995).

¹⁰Eutrophication is the increase in biological productivity of an aquatic system as a result of natural or artificial inputs of nutrients.

Oil and other chemical contaminants washed or discharged into the ocean may be suspended in the water column, ultimately settling in sediments and concentrating in marine organisms. Discharged garbage¹² adversely affects marine life (due to entanglement or ingestion), and can also cause vessel damage through propeller entanglement and by disabling engines when sucked into intake valves. The potential negative consequences of invasions of non-indigenous species are becoming an increasing concern at ports and coastal areas.

In U.S. coastal and ocean waters, dredged material is the primary waste transported and directly disposed¹³. The U.S. disposes of approximately 300 million cubic yards of dredged material each year from inland and coastal waters, only 60 million cubic yards (20 percent¹⁴) of which are disposed of in open ocean waters. 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 (U.S. EPA, 1991).

One to two-thirds of pollutants contributing to the degradation of coastal and marine waters are from indirect sources, and include sediments, nutrients, pathogens, and toxic compounds. The difficulty in controlling these pollutants is the diverse array of sources (which include runoff and seepage from agricultural and urban areas, and air deposition onto land and into water) and the multiple methods of transport. Nationwide, it has been estimated that indirect loadings account for more than half of the suspended solids, nutrients, fecal coliform, and metals entering coastal waters annually. Runoff from non-urban areas, sewage spills and overflows, urban storm water runoff, and combined sewer overflows are often responsible for seafood advisories and shellfish bed and beach closings.

Pollutants from agricultural and pasture lands include sediments, fertilizers, pesticides, herbicides, and animal wastes which contain bacteria and nutrients. Eighty-eight percent of the total suspended solids entering marine waters are from agricultural runoff, contributing to water quality problems such as light attenuation and the smothering of sensitive ecosystems (U.S. EPA, 1995). Excessive nutrients can stimulate the growth of algae and other plants and organisms, which in turn deplete the levels of dissolved oxygen and harm aquatic life; too many nutrients can also trigger toxic algal blooms. Bacteria and pesticides from agricultural and pasture lands can kill aquatic life, contaminate seafood, and necessitate the closing of shellfish beds. Cleared land has a reduced capacity to absorb water, resulting in increased sediment transport, increased flooding, reduced recharging capabilities of local aquifers, and increased quantities of toxic chemicals and nutrients transported to local waterways.

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¹¹The Centers for Disease Control have linked an outbreak of illnesses during the summer of 1997 to waterborne pathogens originating from vessel discharges of sewage in shell fishing areas in the Gulf of Mexico (CDC, 1997).

¹²Garbage includes but is not limited to: glass, metal, paper, plastics, and food wastes.

¹³While several other nations dump industrial wastes and sewage sludge into ocean waters, the U.S. stopped industrial waste dumping in 1988 and ended such sewage sludge disposal practices in 1992.

¹⁴It should be noted that an estimated 5-10 percent of all sediments dredged in the United States are not suitable for open water ocean disposal (NRC, 1997). Alternative disposal is sought for these sediments.

Many of the pollutants from urban areas are washed to sea through storm sewers. The volume and flow rate of runoff from yards and streets into sewers increases as more land is developed, thus the volume of pollutants such as oil, fertilizers, and litter that is transported to waterways also increases. Fourteen percent of estuarine miles in the United States are impacted from oil and grease (U.S. EPA, 1994c). Oil and grease together are major contributors to estuarine degradation, with 363 million gallons of oil originating from land and municipal and industrial wastes. Annually, oily road runoff from a city of 5 million could contain as much oil as one large tanker spill (Ocean Planet, 1995). Over two million pounds of cadmium, copper, and zinc are carried to U.S. waters from urban areas annually (U.S. EPA, 1984). Nearly 80 percent of marine debris comes from land-based sources, either washed directly into waterways or arriving through storm sewer and combined sewer overflows (Coe, 1996).

Another source of indirect discharges is atmospheric deposition. The scientific community and coastal managers now recognize the importance of atmospheric deposition in causing surface water contamination, and have developed and refined models describing the processes of atmospheric deposition of nitrogen, phosphates, mercury, and other toxic chemicals. As much as 67 percent¹⁵ of the total nitrogen load delivered to the Tampa Bay, Florida, watershed (TBNEP, 1996), and 80 percent of PCBs in Lake Superior (NOAA, 1997), are believed to originate from atmospheric deposition.

Because industrialized society depends on petroleum products to maintain its accustomed standard of living, large volumes of petroleum are transported each day in the coastal and marine environment. These large volumes are moved by vessels as cargo and fuel, and through pipelines. Fixed facilities, offshore exploration and production platforms, tanker spills, and natural oil seeps contribute millions of gallons of oil to the world’s marine waters annually. Spills and leaks cause the formation of tar balls, oil slicks, and tar mats, and can impact the micro-layer, the benthos, the coast, and marine life.

While often necessary to ensure vessel accessibility to ports or to control flooding, hydro-modification projects, such as dams, flood control channels, dredging, water diversions, and the development of wetlands, have profound impacts on coastal and marine habitats¾ changing the natural flow, timing, and volume of freshwater inflow and sediment depositional patterns in bays and estuaries. This is of particular concern in estuarine areas where changes in water flow can alter the salinity of the ecosystem, increase stress on marine organisms, decrease or eliminate protection from storms¹⁶, and reduce recharge areas. Alteration of flow can also impact marine systems by transporting pollutants and resuspending sediments and toxic chemicals, thereby increasing the potential for concentration of toxins in marine organisms and humans. Activities such as sandmining, drilling, and shell fishing can physically disrupt benthic habitats and resuspend toxic chemicals and sediments in the water column.

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¹⁵This includes dryfall and wetfall to both the bay and the Tampa Bay Watershed.

¹⁶The Charles River Basin in Massachusetts determined that the loss of 8,442 acres of wetlands would increase flood damage costs by approximately $17 million (Thibodeau, 1981).

The introduction of non-indigenous species often results in unexpected ecological, economic, and social impacts to the coastal and marine environment. Predation and competition by non-indigenous species has resulted in the eradication of some native populations and the drastic reduction of others, thereby altering local food webs. This process is often compounded by the exploitation of commercial fish. Overpopulation of some non-indigenous species has resulted in the degradation and loss of wetland vegetation and other submerged aquatic vegetation as a result of overgrazing (e.g., nutria). Additional impacts of non-indigenous species can include (U.S. EPA, 1997):

• the introduction of pathogens to coastal waters
• alteration of water tables
• modification of nutrient cycles or soil fertility
• increased erosion
• interference with navigation
• a reduction in sport and commercial fishing yields
• negative impacts on recreational boating and beach use

Overfishing can portend the beginning of an ecologically unsustainable trend. Practices such as "Growth overfishing",¹⁷ cyanide, or dynamite fishing¹⁸ involve the taking of all marine species without concern for size or species. The result is that noncommercial species are killed during the harvesting process of desirable species, or that species are harvested before they reach maturity and can reproduce. This removal of multiple species can alter the ecosystem.

Climate Change¹⁹

Throughout time, climate change has affected coastal and marine environments and will continue to do so in the future. However, human activities and alterations to the environment have rendered coastal resources more vulnerable to the effects of climate change. Such effects include accelerated sea-level rise, increased siltation, altered rainfall patterns, and changes in storm frequency and intensity. Over the past 100 years, the relative sea level has risen by 1 to 2.5 mm/yr. Climate change and a rise in sea level or changes in storms patterns could result in increased erosion of shores, changes in coastal and marine habitats, increased coastal flooding, changes in salinity of estuaries and freshwater aquifers, altered tidal ranges in rivers and bays, changes in sediment and nutrient transport, and changes in the pattern of chemical and microbiological contamination of coastal areas. Projections based on long-range climate models

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¹⁷Growth overfishing refers to harvesting that results in a reduction in the average size of fish or shellfish landed, and often involves taking fish prior to their reaching sufficient size for reproduction.

¹⁸In some regions of the world, cyanide and dynamite are used in the harvesting of fish. This method kills not only the target species but all marine life in the area.

¹⁹For more information on oceans and climate change issues such as relative sea-level change, tectonic subsidence, sediment budgets and longshore currents, see the Climate and Weather Year of the Ocean Discussion Paper.

suggest that freshwater discharges from the Mississippi River to the coastal ocean will increase 20 percent if atmospheric carbon dioxide concentrations double. This is likely to affect water

column stability, surface productivity, and global oxygen cycling in the northern Gulf of Mexico. Increased temperatures in the open ocean could result in a shifting of the geographical distribution of certain species.

Good environmental quality is essential for sustaining coastal and marine ecosystems²⁰, commercial and recreational fisheries, and economic growth in coastal communities. It is also an important means of providing natural protection against rising sea levels and storm damage. The health of coastal and marine ecosystems is affected by water quality, and in turn, water quality is dependent upon ecosystem health. If one is impaired, the other is threatened. Despite their value and the programs designed to protect them, many coastal waters are being degraded at an alarming rate. According to the 1994 National Water Quality Inventory, 44 percent of U.S. estuarine waters are not supporting their designated uses (e.g., fishable or swimmable). Figure 1 shows the major sources of pollution impairing monitored estuarine waters in the United States.

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²⁰Marine and coastal areas include a wide variety of systems, such as: wetlands, tidal marshes, sea grass beds, kelp forests, mangrove swamps, coral reefs and deep-sea vents. They provide refuge, food, and nursery areas for shellfish, fish, birds, worms, other wildlife, and a diversity of plant and bacterial life.

To understand the current status of water quality in marine environments, it is necessary to consider nutrients levels, along with the extent of contamination by pathogens, chemicals, oil, and debris/litter.

Nutrients have an ambiguous position in the assessment of water quality¾ they are necessary to support healthy marine ecosystems, but in excess, they can lead to severe oxygen depletion. Excess nutrients also stimulate the growth of dinoflagellates and nuisance algae, such as blue-greens which are often toxic to estuarine and marine animals. This stimulation in growth know as blooms, can have such effects as causing fish kills or manatee deaths, and in some instances may threaten human health. Since the end of World War II, increases in human population density, fertilizer use, animal husbandry, and changes in land use, have contributed to increased nutrient inputs from runoff that range in magnitude from two- to ten-fold. It has been estimated that 40 percent of estuarine and coastal waters are not "fishable or swimmable," primarily because of nutrients and bacteria from urban and agricultural runoff and municipal wastewater discharges (U.S. EPA, 1995a). Recent studies have shown air deposition of nitrogen is also a significant contributor to nutrient over-enrichment of marine waters. For example, 21 percent of nitrogen loadings to the Chesapeake Bay are from air deposition (Valigura, 1996).

Viruses, bacteria, and protozoa can cause diseases in plants, humans, and other animals. In excess, they contribute to closures of shellfish beds and swimming areas, fish kills, and seafood consumption warnings. The good news is that "approved" shellfish harvest waters are at an all time high. Of the 25 million shellfishing acres classified in 1995, about 59 percent are "approved" for shellfishing, and restrictions on shellfishing waters are at their lowest levels since 1980. There has been a significant decrease in shellfishing acreage that has harvest limitations due to pollution from industry, wastewater treatment plants, and direct discharges; however, there has been an increase in the acreage that is "harvest limited" as a result of boating, marinas, urban runoff, and agricultural runoff (NOAA, 1997). Overall, the condition of shellfish harvest waters in the United States is improving.

During 1996, there were at least 2,596 individual closings and advisories for ocean, bay, and Great Lakes swimming beaches due to bacterial contamination. Over 80 percent of the beach closings and advisories in 1996 were based on monitoring that detected bacteria levels exceeding beach water quality standards²¹. Decreases in hurricane activity in Florida and decreases in the number of heavy storms in California (NRDC, 1997) resulted in fewer combined sewer overflow events and reduced the number of beach closings in 1996. The number of beach closings due to pathogen contamination continues to decrease as a number of metropolitan areas upgrade their sewer systems and separate their storm drains and sewer systems.

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²¹For, example, beaches can be closed to swimming when there is a risk of catching waterborne diseases from raw sewage contamination.

Chemical Contamination

Since 1940, more than 70,000 synthetic chemicals have been introduced into the marine environment, impacting areas such as the Mobile Delta, where excessive levels of mercury in finfish resulted in the closing of some fishing areas from 1970-72 and again in the early 1990s (U.S. EPA, 1997). Efforts to reduce chemical loadings to marine waters have had some success. Away from the influence of urban sources, offshore monitoring of toxic chemicals has shown a decline in the concentrations of chemicals which have been banned from use in the United States (NOAA, 1997). Meanwhile, reported releases of toxic chemicals to surface waters of the United States decreased by 4.1 million pounds (a decrease of more than 10 percent) from 1994 to 1995 (U.S. EPA, 1997b)²². The decrease in toxic chemicals released to surface waters is a reflection of real changes in industry practices such as source reduction²³, installation of pollution control equipment, increased recycling and reuse of waste as raw materials, production changes, and a reduction in the number of one-time events (e.g., spills).

Over the last decade, chemical contamination of aquatic sediments has been recognized as a serious problem in some U.S. coastal waters. In Puget Sound, hot spots of toxic chemicals have been shown to alter and reduce the bottom-dwelling community, to interfere with cellular and physiological processes, and to cause disease in fish. Most hot spots are in areas of high vessel traffic, industrial activities, or poor flushing and are often located near urban centers (NOAA, 1994). Other adverse economic impacts of contaminated sediments include delaying or raising the cost of maintenance dredging of navigational waterways due to the potential dangers of resuspending toxic chemicals into the water column or the need to find disposal sites for the sediments.

Oil Contamination

In 1996, approximately 4,200 oil spills occurred in coastal areas and in the open ocean. Spill sources range from minor marina activities to one-time releases from tankers (U.S. DOT), with major tanker spills accounting for only 5 percent of the volume of oil spills. Fixed facilities and offshore exploration and production platforms contribute 15 million gallons of oil pollution to the world’s ocean bodies annually. By contrast, 363 million gallons of oil per year reaches the ocean in runoff from land and municipal and industrial wastes. In fact, the yearly road runoff from a city of 5 million could contain as much oil as one large tanker spill (Ocean Planet, 1995). Natural oil seeps discharge 62 million gallons of oil into marine waters annually. Effects on organisms from oil spills can be acute, such as fish kills from initial contact with the toxic fractions of petroleum, or subtle, such as chronic effects on reproduction which become evident as toxic chemicals concentrate through the food web of an ecosystem. Effects on human populations are realized through economic losses, such as those associated with the loss of a fishery or tourism. Particularly susceptible to injury from releases of oil are exposed shorelines, shallow reef environments, estuaries, mangrove forests, and wetlands (U.S. EPA, 1993).

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²²This information is from Table 5-1 in the 1997 Toxic Release Inventory. It has been corrected for additions and subtractions of chemicals to the list and for changes in the number of industries monitored, but does not include ammonia, hydrochloric acid, or sulfuric acid.

²³This includes such actions as elimination of spills and leaks during normal operations, process changes, and chemical substitutions.

Marine Debris/Litter

Two hundred and sixty-seven species of marine organisms are known to ingest or become entangled in marine debris that causes injury and sometimes death (MMC, 1995). Coastal communities can lose millions of annual tourism dollars, experience declines in commercial and recreational fish stocks, incur damages to vessels, and see declines in property values as a result of marine debris. Annually, $1.5 million is spent by coastal communities in New Jersey to remove debris from beaches and coastal waters in order to prevent a repetition of the 1987 and 1988 beach seasons when $2 billion in tourist revenue was lost as a result of debris washing ashore. Lost or neglected fishing gear contributes to the depletion of commercial fisheries²⁴. And while numbers for the United States are unavailable, Japan estimates that in 1992, the Japanese fishing industry spent $4.1 billion dollars in boat repairs resulting from damage caused by marine debris. Sources of marine debris include vessels and beachgoers, but recent studies show that 80 percent is likely to be from indirect sources such as street litter, improperly sealed waste receptacles, landfills, and from combined sewer overflow events. Annex V of MARPOL, an international treaty banning the dumping of plastics from ships and regulating other garbage discharges, has been in place since 1988 and improvements are being made to reduce marine debris from ships.

Ecosystem Change

U.S. coastal areas, land and water, support an extensive and unique set of ecological, commercial, and recreational functions, and provide food, shelter, and nursery areas for birds, marine invertebrates, fish, and other wildlife. Across the nation, estuaries contain 32,300 square miles of wetlands, 21,900 square miles of shellfish waters, and 27,000 public recreation sites (Baily, 1993). Despite their ecological importance, many of these productive areas have been modified or lost to support residential, agricultural, industrial, and commercial growth. As habitat is lost, wildlife systems are strained for sufficient area to maintain life-cycle processes.

Since the 1700s, the 48 contiguous states have lost nearly half of their original wetlands (Watzin and Gosselink, 1992). Twenty-five years ago, wetland losses were estimated at 460,000 acres each year. Today, wetland losses are estimated to be one-fourth of that rate or less (U.S. EPA, 1997). Nonetheless, physical alteration or degradation of habitat continues to occur, with a concomitant loss of diversity, as a result of human activities such as channelization, drainage for agricultural purposes, development, and dredging.

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²⁴For example, approximately 31,600 crab pots were lost in Bristol Bay, Alaska, between 1990 and 1991; if each trap caught and killed one legal-sized crab per year, the annual catch would be 205,400 pounds.

Such a drastic decrease in habitat acreage has had a great impact on marine and terrestrial species dependent upon these ecosystems for spawning, nurseries, and habitat. During some stage in life, 77 percent of all commercial species and 80-90 percent of recreational fish and shellfish catches rely upon wetland areas (NOAA, 1997). Eighty percent of endangered species depend on habitat within 10 vertical feet of sea level (NOAA, 1995). Between 80 and 90 percent of U.S. shorelines are undergoing net long-term erosion; while some of this erosion is due to natural processes, erosion resulting from anthropogenic factors has increased over the past century. The development of tidal flats and barrier islands has eliminated unique and essential habitats for many plants and animal species.

In addition to physical alterations, water quality impairment and habitat loss can be caused by excess nutrient loading, sedimentation, and increasing levels of pathogens and toxic chemicals. Sediment and nutrient loadings have increased turbidity and light attenuation, thereby killing submerged aquatic vegetation. Only 10 percent of the seagrass beds that existed several decades ago still exist today. In Florida, siltation and nutrient loads have reduced mangrove forests by approximately 24 percent and caused severe damage to coral reef systems (U.S. EPA, 1997). Alteration of the natural flow can have significant effects on water quality, health, and distribution of living resources. In the upper Laguna Madre River of the Corpus Christi Bay, changes in freshwater flow in 1996 have increased salinities from 10-20 ppt²⁵ to 55 ppt (U.S. EPA, 1997). The change in salinity has decreased the total productivity of the oyster population and reduced the economic value of the estuary.

While the dredging of harbors and shipping channels can cause temporary increases in turbidity, dredging is necessary for port accessibility and navigational safety. Recent years have seen a change in emphasis on dredged material management. Ports lose revenue when vessels change their destination to ports with shipping channels deep enough to accommodate them. It is now recognized that dredged material can also be a resource for enhancing or building wetland habitats, or for other uses such as beach renourishment. Beneficial use of dredged material usually costs more than traditional open water disposal methods. However, with the passage of more consistent cost-sharing formulas between federal and local project sponsors (e.g., the Water Resources Development Act of 1996), it is expected that the amounts of dredged material used to build habitats will continue to increase.

On a more global scale, climate change as manifested by rises in sea level and changes in storm patterns and storm surges has led to environmental impacts that include:

• increased erosion
• increased salinity of estuaries and freshwater aquifers
• altered tidal ranges in rivers and bays
• increased coastal flooding
• changed sediment and nutrient transport patterns
• changed patterns of chemical and microbiological contamination in coastal areas

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²⁵ppt equals parts per thousand

Secondary impacts from climate change that may occur include inundation of waste disposal sites and landfills from storm surges which result in the reintroduction of toxic materials and increased siltation into the marine environment. Areas in the U.S. Gulf Coast are experiencing a relative sea level rise of 10 mm/year. In Oahu, Hawaii, one quarter of the beaches have been lost or significantly degraded over the past 50 years due a multiple of marine environmental pressures, but heightened storm surges could greatly increase this rate.

The over-exploitation of living resources, the physical destruction of habitats, pollution, changes in climate, and the introduction of non-indigenous species, all combine to threaten the biodiversity, integrity, and productivity of marine and coastal ecosystems. Over-exploitation of species reduces their ability to maintain population levels²⁷. Overfishing can create an imbalance in ecosystems by depleting food resources for predators while allowing populations on which depleted species would have otherwise fed to grow. This can be the beginning of an ecologically unsustainable trend.

The introduction of exotic or non-indigenous species into an area, whether intentionally or accidentally, often results in unexpected ecological, economic, and social impacts to the marine and estuarine environment. These occurrences often pose threats to local species that are relied upon for food, medicine, recreation, and raw materials (Norse, 1993). Through predation and competition, introduced species have contributed to the eradication of some native populations and drastically reduced others, fundamentally altering food webs. In San Francisco Bay, California, Amur River clams have become so abundant that they can filter a significant volume of the Bay in less than a day, removing the bacteria, phytoplankton, and zooplankton that are necessary to support the local food web. Zebra mussels are responsible for millions of dollars in water supply maintenance costs in the Great Lakes. In the Delaware Estuary, Haplosporidium nelsoni, a parasitic protozoan, has caused catastrophic die-offs of American Oyster. It is thought that this organism was transferred from Asia or the U.S. West Coast via ballast water (Ford, 1996). The Asian clam, Corbicula fluminea, dominates the bivalve community in the area between Trenton, New Jersey and the Chesapeake and Delaware Canal. In some areas, this exotic clam makes up 94 percent of the total benthic invertebrate biomass (Maiden, 1993).

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²⁶For more information, see the Year of the Ocean Living Resources Discussion Paper.

²⁷For example, total finfish landings have declined from 2.9 million pounds in 1980 to less than 340,000 pounds in 1989, mainly as a result of “growth overfishing”, a reduction in the size of fish caught and stock depletion. Of the species found in the Indian River Lagoon basin in Florida, 75 are listed as rare, threatened, endangered, or species of special concern by state or federal agencies. In Corpus Christi, Texas, the numbers of shrimp landed in the bay fishery have increased more than 300 percent since 1972. In 1996, 1,871 bay shrimp boat license holders plus 1,806 bait shrimp license holders trawled in these bays harvesting an already depleted stock.

Habitat may be directly affected by development and water control efforts, but degradation due to toxic chemicals, excessive nutrients, sediments, and oil can be just as devastating. Habitat alterations from these causes range from physical smothering to changes in population structure associated with exposure to chemicals in the water and sediments. Pollutants such as pesticides and herbicides threaten living resources by contaminating the food chain and eliminating food sources. Contaminants in runoff and toxic releases can alter aquatic habitat, harm animal health, reduce reproductive potential, cause disease, and contribute to behavioral abnormalities that may affect organism survival and suitability for human consumption.²⁸

There is evidence that suggests certain pollutants or changes in marine water quality (e.g., increased nutrients) may initiate, maintain, and extend the duration of toxic algal blooms and further impact human health and marine organisms. These blooms are thought to be initiated from offshore patches of organisms that are transported to coastal waters where high nutrient levels sustain the bloom conditions. For example, in 1996, 149 manatees died in Tampa Bay, Florida, after exposure to a toxic red tide that remained behind the barrier islands well into the spring migrating season. In another case, high phosphorus levels are thought to be one of the conditions required to trigger Pfiesteria blooms such as occurred in North Carolina and Maryland, and resulted in associated fish kills and human health concerns (U.S. EPA, 1997).

Three decades ago, water quality was at an all time low, with rivers catching on fire, harbor areas of cities being deserted, great numbers of shellfish beds closing on an annual basis, and people getting sick from swimming. In the 1970s, Congress passed several laws to address environmental problems, of which the most significant for the protection of marine waters were the Clean Water Act, the Marine Protection Research and Sanctuaries Act, and the Coastal Zone Management Act. However, laws alone do not suffice to cleanup, prevent, improve, or protect water quality¾ people must become actively involved. Among the many means to protect marine and coastal waters are:

• the traditional regulatory approach which includes the permitting of specific discharges;
• risk prioritization and pollution prevention; and
• the watershed approach which looks at the sources of pollutants as well as the system to which they are discharged.

Whether voluntary or as a result of regulations, actions taken to improve water quality should be based upon sound science, consider the needs of all users of marine environments, and take into account technological and economic constraints.

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²⁸In Sarasota Bay, Florida, the alteration and degradation of juvenile fish habitats, seagrass beds, and wetlands are the most likely causes of the 50 percent decline in commercial landings of sea trout over the past 30 years. Over the past 50 years, bird populations in the Tampa Bay area have dramatically decreased due to water quality impacts on their natural habitats (U. S. EPA, 1997).

While some shellfish beds remain closed today, and some beaches continue to be closed for days at a time, overall water quality in the United States has vastly improved. While much progress has been made, the environmental problems facing ocean and coastal waters present formidable challenges to the scientific and technical communities, who seek to understand natural processes and delineate causes and effects, as well as to policy makers, regulators, and stakeholders, who prioritize actions and allocate limited funds.

Legislative and Regulatory Framework²⁹

In 1972, the Federal Water Pollution Control Act was passed. Subsequently reauthorized and renamed the Clean Water Act (CWA), this Act has set the basic structure for regulating discharges of pollutants into waters of the United States. The goal of the CWA is the "restoration and maintenance of the chemical, physical, and biological integrity of the Nation’s waters" (33 U.S.C. §1251(a)). Various sections of the CWA provide for monitoring programs, ecosystem management, non-point source pollution control, best management practices of pollutants, wetlands protection, and water quality controls. Under the CWA, it is illegal to discharge pollutants into U.S. waters without a permit. The U.S. Environmental Protection Agency (EPA) is responsible for establishing water quality standards for specific pollutants and developing discharges guidelines for specific industries.

The CWA has been successful in reducing pollutant loadings from point sources, but a bigger challenge remains in reducing pollutant loadings from non-point sources. Under the CWA, states are directed to develop management plans for non-point sources of pollution, including the identification of best management practices and programs to implement such practices on a watershed basis to the maximum extent practicable. The Coastal Zone Act Reauthorization Amendments of 1990 (CZARA) and the CWA also established the National Estuary Program (NEP), which is a consensus-based approach designed to identifying key problems in a particular estuary, develop a plan to address those problems, and implement the actions in the plan. There are 28 NEPs nationwide, 17 of which are now implementing approved plans.

There are many users of the coastal areas of the United States. The Coastal Zone Management Act was enacted to provide for the management of the nation’s coastlines by balancing economic development with environmental preservation to "preserve, protect, develop, and where possible, to restore or enhance the resources of the Nation’s coastal zone" (16 U.S.C. §1452). This Act also provides for a state-administered regulatory program for non-point sources in coastal areas. The River and Harbor Act of 1899 states that all modifications to navigable waters require a permit. The issuance of these permits are subject to public review and the National Environmental Policy Act.

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²⁹This section on Legislation/Regulation is only a sample of the most important legislation and regulations related to coastal and marine waters.

The Marine Protection, Research, and Sanctuaries Act establishes national marine sanctuaries for areas that have special significance based on their "conservation, recreational, ecological, historic, research, educational or aesthetic qualities" and controls dumping of wastes into ocean waters. The objectives of the national marine sanctuaries program are as follows:

As noted previously, dumping of sewage sludge and industrial wastes ceased in the United States as a result of the Ocean Dumping Ban Act of 1998. Disposal of dredged material into ocean waters is controlled by regulations under the Marine Protection, Research, and Sanctuaries Act.

As a result of the Exxon Valdez oil spill in 1989, Congress passed the Oil Pollution Act of 1990. This legislation established more stringent requirements for preparedness and prevention of spills which were implemented by regulations promulgated by the U.S. Coast Guard. Industry and government were mandated to take measures to reduce the risk of a catastrophic release of oil into the marine environment. As a result of this law, transporters of oil and production facilities were required to develop and implement response plans, participate in preparedness drills, and maintain safe shipping and handling practices.

The International Convention for the Prevention of Pollution from Ships, commonly known as the MARPOL Treaty, also governs the release of oil, hazardous substances, and garbage into the marine environment. Annex I of MARPOL deals with the prevention of pollution by oil and places requirements on new oil tankers; Annex II governs noxious liquids carried in bulk; Annex III governs packaged harmful substances; Annex IV deals with the control of sewage and other "grey water"; and Annex V deals with garbage (which includes plastics, metal, glass, galley wastes and other materials.)

The conservation of fish and wildlife is addressed through a number of statutes such as the Fish and Wildlife Coordination Act, which requires the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to review any action that may affect any body of water and to make recommendations for the conservation of fish and wildlife. This includes (1) determining standards for water quality, (2) studying methods for abating and preventing pollution and recovering useful products, and (3) collecting and distributing data on the results of investigations. The Sustainable Fisheries Act of 1996 mandates the protection of essential fish habitat, including protection from impacts other than fishing. Living marine resource management within the 200 nautical mile Exclusive Economic Zone is the responsibility of the federal government and regional Fishery Management Councils. Nearshore fisheries within approximately 3 nautical miles from U.S. shores are managed by coastal states and interstate marine fisheries commissions. This joint and overlapping jurisdiction requires that these councils work together to protect fisheries resources. The Endangered Species Act directs federal agencies to ensure that actions they authorize or conduct are not likely to jeopardize the continued existence of endangered or threatened species, or result in the destruction or modification of their critical habitat. The Marine Mammal Protection Act provides a framework to develop specific protection programs for marine mammals.³⁰

In a 1997 report, the National Research Council (NRC, 1997) concluded that "Developing a coherent framework to guide the nation’s activities in the ocean and coastal regions is especially important in this time of growing national interest in the ocean, which includes heightened awareness of the need to protect it, along with recognition of new opportunities to utilize marine resources." The National Research Council recommended that the general elements of the framework include: (1) creation of a National Marine Council which would improve coordination and facilitate issue resolution among federal agencies, (2) creation of regional marine councils to coordinate and facilitate issue resolution at the local level, (3) enhancement of individual federal ocean/coastal programs, and (4) adoption of management tools by the regional councils and agencies, such as zoning and the creation of refuges, and user charges.

Many of the ocean’s functions and processes remain a mystery. For example, studies indicate that the relative contribution of pollutant loading from atmospheric deposition can be significant. Yet to date, knowledge of atmospheric and surface water processes is not sufficient to determine, with confidence, the overall magnitude and impact of atmospheric deposition on marine waters. Knowledge gaps such as this have been recognized by researchers, planners, and governments. U.S. government funding of coastal research was $673³¹ million between 1991 and 1993 (NSTC, 1995). In 1997, the Department of Defense, the Navy, and the Army spent nearly $90 million in basic ocean research and more than $50 million in applied ocean research.³² State and local governments, universities, private nonprofit institutions, and industrial organizations also spend additional large, but unquantified, sums annually for activities that support coastal science.

The Clean Water Act, the Comprehensive Environmental Response, Compensation and Liability Act, and the Oil Pollution Act of 1990 created an upsurge in research and development efforts. These efforts have focused on prevention, clean up, and spill mitigation. Recent emphasis has centered around the human health aspects of marine

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³⁰See the Living Resources Year of the Ocean Discussion Paper.

³¹DOD contributions to coastal science are not included in this figure.

³²These funding levels do not cover marine environmental quality at the basic research level; those funding levels are included in Chemistry by DDR&E.

environmental quality and on incremental improvements in technology, resource reduction, equipment, pollution prevention, and response strategies. Such improvements have resulted in new regulations and the transfer of "state-of-the-art" technologies to other industries and sectors. Agencies have incorporated risk analysis and cost benefit analysis into their programs to ensure they are "reality based." To offset decreases in funding, agencies are exploring more opportunities to increase cooperation and share resources while conducting research and developing management strategies in marine environmental quality. The challenge for the future will be to continue this trend and to find new ways for government, industry, academia and nonprofit organizations to cooperate.

Government agencies and private industry in partnership have developed new technologies to prevent and reduce the impacts of pollution. For example, there have been significant improvements in ensuring that ports and waterways are safe for navigation, and evolving technologies allow the collection and dissemination of near-real time tide and current data to aid ship captains and port authorities. Traditional methods to contain, recover, and remove oil from the marine environment have been refined and new ones developed to reduce the environmental impacts of oil spills. Technologies in the oil and gas industry have contributed to vast reductions in the volume of oil and hydrocarbons released into the marine environment from these activities. Traditionally, research has focused on understanding the transport, fate, and effects of various types of oil once a release has occurred. The prevention of spills is now a priority, and risk prioritization studies assist government and industry in the identification of potential sources and situations in which accidental releases might occur. This research may have a high return as many spills have similar causes. Once identified, procedures can be modified, technologies improved, and situations avoided to prevent, reduce, or to contain spills.

To advance coastal environmental science and to manage coastal resources more efficiently, an integrated understanding of fundamental physical, chemical, and biological processes based on site-specific comparative studies of coastal ecosystems is needed. These studies need to account for the impacts of activities in associated watersheds and airsheds. Increased communication between researchers and policy makers, greater coordination among the many organizations responsible for governance and management, and the application of knowledge derived from one study to other systems, are necessary to address marine environmental quality issues, determine the effectiveness of such measures, and assess the value of healthy marine waters.

In the past, research has been stimulated by catastrophes such as fish kills in North Carolina and the Chesapeake Bay caused by Pfieisteria piscicida or toxic algal blooms. Research into the cause and prevention of such events has yielded technological advances and furthered understanding of the ocean. For example, after the Exxon Valdez spill, government agencies, industry, and the scientific community worked to develop methods to prevent oil spills and to effectively clean up spills if they do occur. After the 1987 and 1988 beach closings in New York and New Jersey, governments, industry and environmental organizations worked together to implement better management measures to reduce the volume of plastics and other wastes washing ashore and posing risks to human health. This reactive approach has serious implications in terms of monetary and environmental costs³³. Standardized and regular monitoring of waterbodies, the use of water quality indicators, and implementation of best management practices can assist in the prevention of major environmental crises.

Because the ocean is "downstream" of all homes, communities, rivers, and watersheds, the health of the ocean is inextricably linked to the health of all the watersheds in the country. Identifying and reducing sources of pollution in "upstream" watersheds will help to maintain and improve the health of the ocean. In October of 1996, the Index of Watershed Indicators was released (U.S. EPA, 1996b). This Index is designed to give the American people ready access to information about water pollution in their communities, and is a compilation of information that presents the first national picture of watershed health in the United States.

The Index is comprised of fifteen indicators or "data layers" that focus on either the condition of aquatic resources (e.g., fish and wildlife consumption advisories, source water quality for drinking water systems), or the vulnerability of the resources to certain activities (e.g., urban runoff potential, hydrologic modification, or wetlands loss). The Index will continue to be modified, incorporating new information such as atmospheric deposition of pollutants and eutrophication conditions within coastal waters.

A fundamental improvement in the way the United States monitors its environment is required if it is to meet the challenges of the next several decades. Current monitoring programs do not provide integrated data across multiple natural resources at the various temporal and spatial scales needed to develop policies based on scientific understanding of ecosystem processes. Many monitoring programs identify violations of permits or provide status reports. These networks and programs can be better integrated to provide information needed for effective ecosystem management across a range of spatial scales (CENR, 1996). For example, the EPA is developing new testing methods, monitoring protocols, and water quality standards for pathogens in swimming areas to bring some uniformity to water quality warnings nationwide. Models for storm events are being developed which will enable local communities to predict when pathogen levels are likely to exceed water quality standards due to storm sewer overflows, thus enabling local officials to close beaches in order to prevent potential illness. Proactive monitoring efforts can identify potential problem areas, allowing steps to be taken prior to the collapse of an ecosystem or an event such as a fishkill.

Significant progress has been made since the early 1970s when many of the environmental laws protecting the ocean were passed (e.g., 1997 marked the 25th anniversary of the passage of the

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³¹Coastal communities in New Jersey, for example, spend hundreds of thousands of dollars a year to remove marine debris from their beaches.

Clean Water Act, which is responsible for among other things for preventing millions of gallons of raw sewage from entering the ocean). While much progress has been made in protecting the ocean, there is still much that is unknown about marine and coastal waters and much that needs to be done to protect them and their resources. The challenges may be daunting, but they are manageable. Stakeholders working together in partnerships is a key component to furthering progress in protecting, restoring, and maintaining the health and productivity of ocean resources. The major environmental problems that need continued emphasis through protection and enhancement programs include:

• nutrient over-enrichment: eutrophication
• pathogen contamination
• toxic chemicals
• alteration of freshwater inflow
• loss and degradation of habitat
• declines in fish and wildlife populations
• introduction of invasive species
• accidental spills

The control of non-point sources is key to making further progress in protection of ocean waters and habitat. Point source management measures have greatly improved water quality. Industrial and municipal discharges of waste water are controlled under the National Pollutant Discharge Elimination System and this effort has greatly reduced pollutants such as toxic chemicals and untreated sewage entering marine and coastal waters. However, major challenges remain in identifying causes and effects of various pollutant sources, addressing non-point sources of pollution, reducing wetlands loss, and finding and implementing solutions to these and the other coastal environmental problems listed above. Several examples of current actions to address these problems are provided below.

Increased incidences in 1997 of fish kills and fish with lesions in tributaries to the Chesapeake Bay highlighted the growing national concern over the impacts of outbreaks of toxic Pfiesteria piscicida and other harmful algal blooms. Marine biotoxins and harmful algae represent a significant and expanding threat to human health, marine mammals, and fisheries resources throughout the United States. In addition to causing threats to public health and wildlife, the death and decay of algal blooms can lead to oxygen depletion in the water, resulting in widespread mortalities of fish, shellfish, and invertebrates. When oxygen depletion reaches a sufficiently high level, a "dead zone", or area where marine life cannot survive, may occur (as in the 7,000 square mile Gulf of Mexico dead zone).

There is strong evidence connecting harmful algal blooms with nutrient pollution¾ excessive nitrogen and phosphorus¾ in the water. In general, three significant sources of nutrient pollution have been identified: discharges from septic systems or sewage treatment plants, agricultural runoff from fertilizer or animal wastes, and air deposition of nitrogen, primarily from electric utility power plants and vehicle emissions. EPA, NOAA, and other federal agencies are working together with states to better understand and control harmful algal blooms in general and Pfiesteria in particular. This includes investigating what steps can be taken to reduce nutrient pollution in an effort to help prevent these outbreaks and their effects.

The disposal of dredged material can be a controversial issue but one that must be addressed in order to keep the nation’s ports and harbors open. An action plan developed by an interagency federal working group is now being implemented for improving the management of dredged materials to ensure timely and effective dredging while meeting environmental goals (U.S. DOT, 1994). Eighteen specific recommendations were identified for improving dredged material management, one of which was to improve federal agency coordination. Consequently, a National Dredging Team of federal agencies was created and Regional Dredging Teams are being established to assist in coordination and issue resolution. In addition, Local Planning Groups are being established which will include all interested stakeholders. These groups will be charged with developing long term dredged material management plans. Finally, a national dredging policy has been established which recognizes the need for timely and effective dredging to assure the viability of the nation’s ports and that the aquatic environment is a critical asset which must be protected.

An interagency workgroup has developed a statistically-based national marine debris monitoring protocol to quantify amounts of debris and identify debris sources. Implementation of this protocol began in 1996, under the National Marine Debris Monitoring Program³⁴. The use of a statistical protocol will assist in enabling the assessment and implementation of practices to prevent marine debris from entering marine waters. This in turn will protect marine life from harm due to marine debris and reduce costs borne by coastal communities to remove marine debris from beaches. To date, this monitoring program has been established on the Atlantic and Gulf Coasts, and similar programs have been adopted in other areas of the world such as Ireland, countries in the Caribbean, and Canada.

Beaches Environmental Assessment, Closure and Health (BEACH) Program

Swimming at the nation’s coastal areas continues to be one of Americans’ top vacation choices, yet many beaches are not adequately monitored for disease causing microorganisms. As a result, vacationers may be putting themselves at risk of illness, which can ruin more than just their day at the beach. Through the new BEACH Program, initiated in May 1997, EPA in partnership with state, tribal, and local governments will be working to keep beachgoers better informed of the water quality conditions where they are swimming. The adoption of updated water quality standards for bacteria, faster testing methods, enhanced monitoring and notification programs, and new scientific research into disease causing microorganisms under the BEACH Program, will help all beachgoers enjoy a happier, healthier time at the ocean.

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³⁴Implemented by the Center for Marine Conservation under a grant from the U.S. EPA.

Uniform National Discharge Standards

EPA has established a successful partnership with the Department of Defense to develop Uniform National Discharge Standards (UNDS) for liquid discharges from armed forces vessels. Currently, vessel discharges are regulated throughout the country under varying state water quality standards. These regulations will enable the Armed Forces to design vessels to one protective uniform standard, instead of attempting to conform to a diverse array of state standards.

The aim of the UNDS regulations is three-fold. First, uniform, environmentally protective standards will enhance the operational flexibility of Armed Forces vessels. Second, the Navy has an extensive research and development program aimed at constructing environmentally sound ships for the 21st century; the UNDS development process will stimulate innovative pollution prevention and control technologies that will help the Navy achieve this goal. Third, most of the innovative pollution prevention technologies developed for UNDS eventually will be available for transfer to the private sector.

The Oil Pollution Act has led to increased post-spill monitoring and improved restoration of affected habitats by facilitating recovery of damages by state and federal natural resource trustees from responsible parties. Money recovered by trustee agencies goes directly to restoring the resource or acquiring the equivalent resource on behalf of the public. Improvements in understanding how and when to use physical, chemical, and biological treatment of oil have helped to minimize the environmental damage caused by large oil spills. Improved response time to spills and technological advances have increased the opportunities for response agencies to limit the injury to marine resources. However, despite significantly reducing the risk, large-scale releases of oil continue to occur in the marine environment. There is an ongoing need to support research and development, and the training required to respond to oil spills. In addition, there is a recognized need to share technical capabilities with the international community through government-to-government requests or through the International Maritime Organization.

While progress is being made in identifying solutions to the complex problems confronting coastal waters, further progress requires fundamental research in a number of areas to address threats such as widespread over-enrichment and habitat degradation. Presently, research programs concerned with coastal systems and related processes/effects/controls are not guided by a comprehensive national framework. Such a framework could assess scientific priorities related to the most serious problems and optimize cooperation and coordination among federal agencies, states, local communities, and the academic community. Although significant advances in the scientific understanding of coastal ecosystems has been generated from numerous studies of specific systems during the past four decades (e.g., estuarine or wetland systems), the resulting knowledge of the fundamental properties and processes of this nation’s coastal ecosystems suffers from the fragmented regional nature of these studies. For example, the impacts of air deposition on coastal and marine waters and the range of transport are just beginning to be understood.

The problems facing the nation’s coastal waters are scientifically complex, are caused by a diverse array of factors, and involve resource intensive solutions. These coastal problems cannot be addressed through traditional regulatory approaches, although this is still a component of the solution. The new paradigm for the 1990s and into the next century is the need to look holistically at the entire resource being protected and to examine all of the contributing factors to the resource’s degradation within the watershed. Linked with this comprehensive examination is the critical need to involve the community in the identification of problems and the implementation of solutions. One example of this approach is the National Estuary Program which is designed to protect and restore estuaries of national significance through partnerships between government agencies, industry, and the people who depend on those resources for their livelihood and quality of life. The National Estuary Program was established because conventional pollution control programs were not adequate for dealing with complex estuary problems. Management conferences of the established NEPs do not have regulatory authority, therefore, recommendations reached by consensus must be implemented by existing authorities at the federal, state, and local levels or through voluntary action. Another example is the Florida Keys National Marine Sanctuary Program, which developed a comprehensive water quality protection plan through a comprehensive examination of the entire "watershed, " and through communication with a broad array of stakeholders.

Federal agencies are coordinating efforts to develop a comprehensive Clean Water Action Plan that builds on the successes of the Clean Water Act over the past 25 years and addresses three major goals: (1) enhanced protection from public health threats posed by water pollution; (2) more effective control of polluted runoff; and (3) promotion of water quality protection on a watershed basis (White House, 1997).

The ocean plays a critical role in sustaining the life of this planet. Every activity, whether natural or anthropogenic, has far reaching impacts on the world at large. For example, excessive emissions of greenhouse gases may contribute to an increase the sea level, and cause potential flooding or an increase in storm frequency; this flooding can reduce wetland acreage and increase sediment and nutrient flows into the Gulf of Mexico, causing adverse impacts on water quality and reducing habitat for commercial fisheries. This in turn drives up the cost of fish at local markets nationwide.

The environment and the economic health of marine and coastal waters are linked at the individual, community, state, regional, national and international levels. The interdependence of the economy and the environment are widely recognized. The United States has moved beyond viewing health, safety, and pollution control as additional costs of doing business to an understanding of broader stewardship, recognizing that economic and social prosperity would be useless if the coastal and marine environments are compromised or destroyed in the process of development (President’s Council on Sustainable Development, 1996).

Much about the ocean, its processes, and the interrelationship between land and sea is unknown. Many harvested marine resources depend upon a healthy marine environment to exist. Continued research is needed so that sound management decisions can be made when conflicts among users of ocean resources arise. Although much progress has been made over the past 30 years to enhance marine environmental quality and ocean resources, much work remains. The challenge is to maintain and continue to improve marine water quality as more people move to the coasts and the pressures of urbanization increase. Through education, partnerships, technological advances, research, and personal responsibility, marine environmental quality should continue to improve, sustaining resources for generations to come.

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"Saving our Bays, Sounds and the Great Lakes: the National Agenda."

Shipping Study. 1995. Shipping Study: The Role of Shipping & the Introduction of Multiple Species to Coastal Waters of the U.S. other than the Great Lakes and an Analysis of Control Options, April, 1995

Smith, Margurite and Sheryl Nance-Nach. September 1995. "The Best Places to Live in America." Money 24:9.

TBNEP Scientist. 1997. Tampa Bay National Estuary Program. Contact Holly Greening (813)893-2765.

Thibodeau, Francis R. and Bart D Ostro. 1981. "An Economic Analysis of Wetland Protection," Journal of Environmental Management. 12:19-30 (data converted from $1977).

Titus, James, et al. 1991. "Greenhouse Effects and Sea Level Rise: Potential Loss of Land and the Cost of Holding Back the Sea." Coastal Management. 19:171-204.

U.S. EPA. 1984. U.S. Environmental Protection Agency. Report to Congress: Non-point Source Pollution in the U.S. Environmental Protection Agency, Office of Water. EPA841-R-84-100. 123p.

U.S. EPA. 1991. Ocean Dumping Report to Congress. Environmental Protection Agency, EPA503-9-91-009. 58p.

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U.S. EPA. 1994b. 1992 Permit Compliance System (PCS). Washington, DC: Environmental Protection Agency, Office of Wastewater Enforcement and Compliance (OWEC).

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DOMESTIC LEGAL REGIME

Contents

• Act to Prevent Pollution from Ships (33 U.S.C. §§ 1901 et seq.)
• Clean Air Act (42 U.S.C. §§ 7401 et seq.)
• Clean Vessel Act of 1992 (enacting 33 U.S.C. §1322 note)
• Coastal Barrier Resources Act of 1982 (16 U.S.C. §§ 3501 et seq.)
• Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.)
• Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.)
• Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.)
• Fish and Wildlife Coordination Act (16 U.S.C. §§ 661 et seq.)
• National Coastal Monitoring Act (33 U.S.C. §§ 2801 et seq.)
• National Contaminated Sediment Assessment and Management Act (33 U.S.C. § 1271)
• National Marine Sanctuaries Act (16 U.S.C. §§ 1431 et seq.)
• National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321 et seq.)
• Nonindigenous Aquatic Nuisance Prevention and Control Act (16 U.S.C. §§ 4701 et seq.)
• Ocean Dumping Act (33 U.S.C. §§ 1401 et seq., inter alia)
• Oil Pollution Act of 1990 (33 U.S.C. §§ 2701 et seq.)
• Rivers and Harbors Act of 1899 (33 U.S.C. §§ 401 et seq.)
• Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. § 1455b)
• Shore Protection Act of 1988 (33 U.S.C. §§ 2601 et seq.)
• Title IV of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. §§ 1447a to 1447f)
• Endangered Species Act of 1973 (16 U.S.C. §§ 1531 et seq.)
• Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. §§ 1801 et seq.)
• Marine Mammal Protection Act (U.S.C. §§ 1361 et seq.)
• Outer Continental Shelf Lands Act (43 U.S.C. §§ 1331 et seq.)
• Hazardous Materials Transportation acts (49 U.S.C. §§ 5101 et seq., inter alia)
• Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.)
• Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.)
• Water Resources Development acts (33 U.S.C. §§ 2280 et seq., inter alia)

The legal regime covering this topic is based on a collection of important federal statutory authorities. The following is a brief description of some of those authorities relating to marine environmental quality. The list is selective and is designed to illustrate some major marine environmental quality acts. The list is not meant to be comprehensive.

Act to Prevent Pollution from Ships, as amended, (APPS), 33 U.S.C. §§ 1901 et seq.

a. Oil and Noxious Liquid Substances.

The Act to Prevent Pollution from Ships as originally enacted implemented Protocols I and II, and Annexes I and II, of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL). Annex I of MARPOL establishes requirements to prevent the discharge of oil except in accordance with specific conditions. Annex II provisions cover the discharge of noxious liquid substances. (Annex III, which addresses the prevention of pollution by harmful substances carried by sea in packaged forms, or in freight containers, portable tanks or road and rail wagons, is implemented by the hazardous material transportation acts, 49 U.S.C. §§ 5101 et seq., inter alia.)

APPS applies to all U.S. flag ships anywhere in the world and to all foreign flag vessels operating in the navigable waters of the United States or while at a port or terminal under the jurisdiction of the United States. The oil and noxious liquid substances provisions apply only to seagoing ships. The regulations implementing Annex I and Annex II of MARPOL limit discharges of oil and noxious substances, establish report requirements for discharges, and establish specific requirements for monitoring equipment and record keeping aboard vessels. In particular, the regulations require that vessels covered by APPS and MARPOL keep Oil Record Books in which all discharges, disposal and transfers of oil are kept.

b. Garbage and Plastics.

APPS was amended by the Marine Plastic Pollution Research and Control Act of 1987, which implemented the provisions of Annex V of MARPOL relating to garbage and plastics. Annex V of MARPOL and the regulations implementing it apply to all vessels, whether seagoing or not, regardless of flag on the navigable waters of the United States and in the exclusive economic zone of the United States. It applies to U.S. flag vessels wherever they are located.

Under the regulations implementing APPS, the discharge of plastics, including synthetic ropes, fishing nets, plastic bags and biodegradable plastics, into the water is prohibited. Discharge of floating dunnage, lining and packing materials is prohibited in the navigable waters and in areas offshore less than 25 nautical miles from the nearest land. Food waste or paper, rags, glass, metal, bottles, crockery and similar refuse cannot be discharges in the navigable waters or in waters offshore inside 12 nautical miles from the nearest land. Finally, food waste, paper, rags, glass, and similar refuse cannot be discharged in the navigable waters or in waters offshore inside three nautical miles from the nearest land. There are some exceptions for emergencies. Under APPS, the definition of ship includes fixed or floating platforms. There are separate garbage discharge provisions applicable to these units. For these platforms, and for any ship within 500 meters of these platforms, disposal of all types of garbage is prohibited. Additionally, all manned, oceangoing U.S. flag vessels of 12.2 meters or more in length engaged in commerce, and all manned fixed or floating platforms subject to the jurisdiction of the United States, are required to keep records of garbage discharges and disposals.

Clean Air Act, as amended, (CAA), 42 U.S.C. §§ 7401 et seq.

The CAA is divided into six principal subchapters. Subchapter I addresses air pollution from stationary sources and requirements for states to develop plans to meet health-based standards. (Also, subchapters IV-A, V and VI deal with specific stationary source programs.) Part A of subchapter I contains the basic provisions to control air pollution from stationary sources. Based on statutory criteria, the Environmental Protection Agency (EPA) is required to list criteria pollutants and for each such pollutant establish primary and secondary national ambient air quality standards (NAAQSs). Each state (or EPA, if the state declines) must submit to EPA a state implementation plan with individual emission limitations and procedures to ensure timely attainment of the NAAQSs for each air quality region within the state.

Part A also includes, among other things, key specialized stationary source programs. For example, EPA must adopt emission standards for categories of hazardous air pollutants (HAPs) in accordance with a specified schedule. (HAPs are listed in the statute.) Section 112(m) of the CAA directs EPA, in cooperation with the National Oceanic and Atmospheric Administration, to assess the extent of atmospheric deposition of HAPs (and, in the discretion of EPA, other air pollutants) to the Great Lakes, Chesapeake Bay, Lake Champlain and coastal waters (defined, for purposes of the subsection, as estuaries under the National Estuary Program and National Estuarine Research Reserves). The assessment program is to, among other things, establish a monitoring network, investigate sources and deposition rates, evaluate any adverse effects to public health or the environment, and assess the contribution of such deposition to violations of water quality standards established pursuant to the Clean Water Act. EPA is to submit biennial reports to Congress on the matter and issue a determination as to whether the other provisions of section 112 are adequate to prevent serious adverse effects to public health and serious or widespread environmental effects associated with HAP deposition. If EPA determines that the authorities of section 112 are not adequate, the agency is directed to promulgate such further emission standards or control measures under section 112 as may be necessary and appropriate.

Part B of Subchapter I is repealed; Part C addresses the "prevention of significant deterioration" program, designed to limit the deterioration of air quality in regions with air cleaner than the minimum federal air quality standards. Part D addresses plan requirements for non-attainment areas.

Subchapter II addresses emission standards for moving sources.

Subchapter III addresses administration and enforcement. Amendments to Subchapter III made in 1990 require EPA, following consultation with the Department of the Interior and the U.S. Coast Guard, to establish regulatory requirements to control air pollution from Outer Continental Shelf sources (except in the Gulf of Mexico, over which the Department of the Interior has jurisdiction).

Subchapter IV-A addresses acid deposition. This subchapter was added in 1990 to reduce emissions of pollutants, primarily sulfur dioxide and nitrogen dioxide, leading to the formation of acid precipitation.

Subchapter V addresses permits, requiring each state to submit to EPA for approval a permit program covering basically every pollution source subject to the CAA. If a state fails to submit and implement an approved program, EPA is to step in.

Subchapter VI addresses stratospheric ozone depletion.

The CAA also establishes a great waters program, which looks specifically at the impacts of air deposition of nutrients and toxics in coastal waters.

Clean Vessel Act of 1992, subtitle F, §§ 5601 to 5608, of Title V of Pub. L. 102-587, amending 16 U.S.C. §§ 777c and 777g and enacting 33 U.S.C. §1322 note

The purpose of the Clean Vessel Act is to provide funds to states for the construction, renovation, operation and maintenance of pumpout stations and waste reception facilities. The Act requires the Department of the Interior (DOI) to issue guidance on what constitutes adequate and reasonably available pumpout facilities and waste reception facilities. In order to receive a grant, coastal states are to conduct a survey to determine the number and location of such stations and facilities and the number of recreational vessels in its coastal waters with toilets and develop and submit to the DOI for approval a plan for any construction or renovation necessary to provide adequate and reasonably available stations and facilities. Funding authorization for such grants expired in FY 1997.

Coastal Barrier Resources Act of 1982, as amended, (CBRA), 16 U.S.C. §§ 3501 et seq.

The purpose of CBRA is to promote more appropriate use and conservation of coastal barriers along the Atlantic, Gulf, and Great Lakes coastlines. "Coastal barriers" are defined as bay barriers, barrier islands, and other geological features composed of sediment that protect landward aquatic habitats from direct wind and waves. They provide essential habitats for wildlife and marine life, natural storm buffer zones, and areas of scientific, recreational, historic, and archeological significance. CBRA seeks to minimize the loss of human life, wasteful federal expenditures on shoreline development, and damage to wildlife, marine life, and other natural resources by restricting future Federal financial assistance, establishing the coastal barrier resources system (CBRS), and considering the means of achieving long-term conservation of barrier resources.

Coastal Zone Management Act of 1972, as amended, (CZMA), 16 U.S.C. §§ 1451 et seq.

The CZMA strives to preserve and protect coastal zone resources. Through the CZMA, states are encouraged to develop coastal zone management programs (CZMPs) that allow economic growth that is compatible with the protection of natural resources, the reduction of coastal hazards, the improvement of water quality, and sensible coastal development. The CZMA provides financial and technical incentives for coastal states to manage their coastal zones consistent with CZMA standards and goals.

State coastal zones include the coastal waters and adjacent shorelands that extend inland to the extent necessary to control activities that have a direct, significant impact on coastal waters. For federal approval, a CZMP must: 1) identify the coastal zone boundaries; 2) define the permissible land and water uses within the coastal zone that have a direct and significant impact and identify the state's legal authority to regulate these uses; 3) inventory and designate areas of particular concern; 4) provide a planning process for energy facilities; 5) establish a planning process to control and decrease shoreline erosion; and 6) facilitate effective coordination and consultation between regional, state, and local agencies. The National Oceanic and Atmospheric Administration grants the requisite federal approvals for CZMPs and oversees subsequent implementation of the programs.

A state with a federally approved CZMP is eligible for financial assistance and gains a legal mechanism to control Federal permits and activities that affect the state's coastal zone. Federal agency activities that affect any land or water use or natural resource of the coastal zone must be consistent to the maximum extent practicable with the enforceable policies of the state CZMP. Federally licensed or permitted activities that affect any land or water use or natural resource of the coastal zone must be consistent with the enforceable policies of the CZMP. The Secretary, however, can override a state's determination of inconsistency if the Secretary finds that the federally licensed or permitted activity is consistent with the objectives of the CZMA or is otherwise necessary in the interest of national security.

The CZMA establishes the National Estuarine Research Reserve System (NERR). States may seek Federal approval and designation of certain areas as NERRs if the areas qualify as biogeographic and typological representations of estuarine ecosystems and are suitable for long-term research and conservation. Once an area is designated as a NERR, federal financial assistance is available for acquisition of property and management, research, and education related to the NERR.

See also section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990.

Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, (CERCLA), 42 U.S.C. §§ 9601 et seq.

Hazardous substances that are toxic to living organisms result from industrial processes and are released into the environment either intentionally or by accident. CERCLA is designed to respond to these releases and protect public health and environmental quality including natural resources.

CERCLA provides for the following two possible actions to protect the public and the environment from the harmful effects of a hazardous substance spill. Any combination of these two may be used at a particular spill.

1) Response¾ CERCLA authorizes the Environmental Protection Agency (EPA) to clean up the spilled substance either at the expense of the responsible party or with funds from the Superfund. CERCLA § 104(a)(1). Example of steps include: dredging contaminated sediments, repairing leaking containers, collecting rain water runoff and relocating displaced residents.

2) Damages for natural resource injuries¾ CERCLA authorizes the trustees for natural resources, to seek damages from responsible parties to restore or replace natural resources injured by exposure to hazardous substances. CERCLA

§§ 107(a)(4)(C) and 107(f).

Federal Water Pollution Control Act, as amended, also called the Clean Water Act, as amended (CWA), 33 U.S.C. §§ 1251 et seq.

The CWA establishes the basic scheme for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters. The primary mechanism in the CWA regulating the discharge of pollutants is the National Pollutant Discharge Elimination System (NPDES), which is administered by the Environmental Protection Agency (EPA). Under the NPDES program, a permit is required from EPA or an authorized state for the discharge of any pollutant from a point source into the waters of the United States. This includes discharges associated with oil and gas development on federal leases beyond state waters. An NPDES permit for certain stormwater discharges also is required. Permit discharge limits are technology-based and, where technology-based limits would not protect desired water quality for a particular water body in which the discharge takes place, based on state water quality standards, which are developed by the states using EPA guidance and are intended to protect the designated uses of the water body. In the case of discharges to the territorial sea or beyond, permits are also subject to the ocean discharge criteria developed under section 403 of the act. Permits for discharges into the territorial sea or internal waters may be issued by states following approval of their permit program by EPA; in the absence of an approved state permit program, and for discharges beyond the territorial sea, EPA is the permit-issuing authority.

The CWA was amended in 1987 to include the current non-point source (NPS) program. Under this program (section 319), states must develop management programs to address NPS runoff, including the identification of best management practices and measures. In addition, section 319 authorizes grants to assist the states in implementing their approved management programs.

The CWA generally prohibits discharges of oil and hazardous substances into coastal or ocean waters except where permitted under the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships. The U.S. Coast Guard (USCG) investigates and responds to discharges of oil and hazardous substances into coastal or ocean waters in accordance with the National Contingency Plan (NCP). The USCG, with the cooperation of EPA, generally administers the NCP when oil or a hazardous substance is discharged into coastal or ocean waters. Regional contingency plans and area contingency plans are developed to implement the NCP.

The CWA (section 312) requires vessels with installed toilet facilities and operating on the navigable waters of the U.S. to contain operable marine sanitation devices certified as meeting standards and regulations promulgated under section 312. Section 312 also allows establishment of zones where discharge of sewage from vessels is completely prohibited. Amendments made to section 312 in 1996 will require, where appropriate, the use of marine pollution control devices for operational, non-sewage, discharges from vessels of the Armed Forces.

Publicly owned sewage treatment facilities must, at a minimum, meet effluent reductions by secondary treatment, except for certain facilities discharging to coastal waters for which EPA has approved a waiver under section 301(h).

Section 320 of the CWA establishes the National Estuary Program, which uses a consensus-based approach for protecting and restoring estuaries. There are currently 28 estuaries in the program.

The Army Corps of Engineers (COE) implements the section 404 permit program. Under section 404, a permit is required for the discharge of dredged or fill materials into the waters of the U.S. that lie inside of the baseline for the territorial seas and fill materials into the territorial seas within three miles of shore. Although COE has the permitting responsibility under the section 404 program except in certain waters of two states (Michigan and New Jersey), which have assumed the authority, EPA is authorized to review and comment on the impact of proposed dredge and fill activities and to prohibit discharges that would have an unacceptable impact on municipal water supplies, shellfish beds and fishery areas, wildlife and recreational areas. EPA, in consultation with COE, is charged with developing guidelines to be used in evaluating discharges subject to section 404. (See 40 C.F.R. Part 230.) The section 404 permit requirement is the cornerstone for the current wetlands regulatory program. If COE or EPA determines that a certain property is a jurisdictional wetlands, no one can discharge dredged or fill materials into it without a section 404 permit. COE and EPA also have cooperative agreements with the Natural Resources Conservation Service and rely on its determinations as to the presence of wetlands on agricultural lands.

Fish and Wildlife Coordination Act, 16 U.S.C. §§ 661 et seq.

The Fish and Wildlife Coordination Act requires that whenever a federal agency proposes to impound, divert or otherwise control or modify a body of water for any purpose (including issuing permits or licenses), the agency must consult with the U.S. Fish and Wildlife Service, the National Marine Fisheries Service and the relevant state wildlife resource agency regarding prevention of loss or injury to wildlife resources.

National Coastal Monitoring Act, as amended, 33 U.S.C. §§ 2801 et seq.

The National Coastal Monitoring Act, also known as title V of the Marine Protection, Research, and Sanctuaries Act of 1972, provides joint authority for the Environmental Protection Agency and the National Oceanic and Atmospheric Administration to establish a comprehensive national program for consistent monitoring of the nation's coastal ecosystems. The title provides that the program is to include, but is not limited to: identification and analysis of the status of environmental quality in the nation's coastal ecosystems (including, but not limited to, assessment of ambient water quality, benthic environmental quality, and health and quality of living resources); identification of sources of environmental degradation affecting the nation's coastal ecosystems; assessment of the impact of governmental programs and management strategies and measures designed to abate or prevent the environmental degradation of the nation's coastal ecosystems; assessment of the accumulation of floatables along coastal shorelines; analysis of short-term and long-term trends in the environmental quality of the nation's coastal ecosystems; and the development and implementation of intensive coastal water quality monitoring programs (after designation of intensive coastal monitoring areas).

National Contaminated Sediment Assessment and Management Act, 33 U.S.C. § 1271

Section 1271 of the National Contaminated Sediment Assessment and Management Act requires the Environmental Protection Agency, in consultation with NOAA and the Department of the Army, to conduct a comprehensive national survey of data regarding sediment quality and a continuing program to assess such quality.

National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321 et seq.

NEPA requires, among other things, that for every major federal action significantly affecting the quality of the human environment, the agency prepare a detailed statement regarding:

This document is called an environmental impact statement (EIS). It is in essence a detailed discussion of the environmental consequences of a given proposed agency action, and it must be made available to the agency decision-maker on the matter, the public, and other agencies.

Under the regulations implementing NEPA, an environmental document called an environmental assessment (EA) is used to determine whether a federal action rises to the level of a "major federal action significantly affecting the quality of the human environment," thus triggering the requirement of preparation of an EIS. Based on the EA, if an action does not rise to that level, a finding of no significant impact (FONSI) is made.

National Marine Sanctuaries Act, as amended, (also known as Title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended), 16 U.S.C. §§ 1431 et seq.

The National Marine Sanctuaries Act, as amended, authorizes the Department of Commerce to designate as national marine sanctuaries areas of the marine environment of special national significance due to their conservation, recreational, ecological, historical, research, educational or aesthetic qualities. The Act provides authority for comprehensive and coordinated conservation and management of these marine areas. It provides for civil penalties for violation of the act or regulations or permits issued under it and for civil suits to recover damages if sanctuary resources are injured or destroyed.

Nonindigenous Aquatic Nuisance Prevention and Control Act, as amended, 16 U.S.C. §§ 4701 et seq.

The Nonindigenous Aquatic Nuisance Prevention and Control Act, as amended, directs the Secretary of the department that houses the U.S. Coast Guard (USCG) (currently the Department of Transportation) to issue regulations to prevent the introduction and spread of aquatic nuisance species into the Great Lakes through ballast water. These regulations are to be issued in consultation with the Aquatic Nuisance Task Force, composed, inter alia, of the Under Secretary of Commerce for Oceans and Atmosphere, the Director of the U.S. Fish and Wildlife Service, the Administrator of the Environmental Protection Agency, the Commandant of the USCG and the Assistant Secretary of Army (Civil Works). Civil and criminal penalties are available for regulatory violations.

The Act also requires the task force to implement a prevention, monitoring and control program for aquatic nuisance species in U.S. waters. States can develop comprehensive aquatic nuisance species management plans, which can be implemented with federal grants and financial assistance if the plans are approved by the task force or the Assistant Secretary of the Army (Civil Works).

The act further requires the Departments of Defense and Transportation to implement ballast water management programs for seagoing Department of Defense and USCG vessels to minimize risk of introduction of non-indigenous species from releases of ballast water. The act also requires the Departments of the Interior and Commerce to conduct a ballast water management demonstration program to demonstrate preventive technologies and practices.

Ocean Dumping Act, as amended, (ODA) (Titles I and II of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended), 33 U.S.C. §§ 1401 et seq.

The ODA provides the basic authority for the Environmental Protection Agency (EPA) and the Corps of Engineers (COE) to regulate ocean dumping (Title I) and for the Department of Commerce (DOC), through the National Oceanic and Atmospheric Administration, to carry out research on the effects on ocean systems of ocean dumping and other man-induced changes (Title II).

Title I of the ODA: 1) prohibits any person, without a permit, from transporting from the U.S. any material for the purpose of dumping it into ocean waters (defined to mean those waters of the open seas lying seaward of the baseline from which the territorial sea is measured), and 2) in the case of a vessel or aircraft registered in the U.S. or flying the U.S. flag or in the case of a U.S. agency, prohibits any person, without a permit, from transporting from any location any material for the purpose of dumping it into ocean waters. Title I also prohibits any person, without a permit, from dumping any material transported from a location outside the U.S. into the territorial sea, or the contiguous zone extending 12 nautical miles seaward from the baseline of the territorial sea to the extent that it may affect the territorial sea or the territory of the U.S. EPA issues permits regulating the ocean dumping of all material except dredged material, which is permitted by COE. COE permits are subject to EPA review and concurrence. The specific environmental criteria used to evaluate permit applications are developed by EPA; in the case of dredged material, this is done in coordination with COE.

In developing criteria for the evaluation of permit applications, the statute provides that the following must be considered: 1) the need for the proposed dumping; 2) the effect of the dumping on human health and welfare, fisheries resources, marine ecosystems, and shorelines; 3) the persistence and permanence of the effects of the dumping; 4) the effect of dumping particular volumes and concentrations; 5) appropriate locations and methods of disposal or recycling, including land-based alternatives; and 6) the effect on alternate uses of the oceans.

The ocean dumping of sewage sludge and industrial waste is prohibited. In addition, radiological, chemical or biological warfare agents, high-level radioactive waste, or medical waste may not be dumped. States may generally adopt and enforce requirements for ocean dumping activities that occur in their jurisdictional waters.

Title II of the ODA requires the DOC, in coordination with the department in which the U.S. Coast Guard is operating and EPA, to conduct a comprehensive and continuing program of monitoring and research on the effects of dumping of material into ocean or other coastal waters or into the Great Lakes. The title further requires the DOC, in close consultation with other appropriate departments, to conduct a comprehensive and continuing program of research into the possible long-range effects of pollution, overfishing and man-induced changes of ocean ecosystems. The title specifies that the program must include continuing monitoring programs to assess the health of the marine environment, including but not limited to the monitoring of bottom oxygen concentration contaminant levels in biota, sediments and the water column, diseases in fish and shellfish, and changes in types and abundance of indicator species.

Oil Pollution Act of 1990 (OPA), 33 U.S.C. §§ 2701 et seq., inter alia

OPA amends section 311 of the Federal Water Pollution Control Act (the Clean Water Act or CWA), 33 U.S.C. 1321 et seq., to clarify federal response authority, increase penalties for spills, establish U.S. Coast Guard response organizations, require tank vessel and facility response plans, and provide for contingency planning in designated areas. OPA, however, does not preempt states' rights to impose additional liability or other requirements with respect to the discharge of oil within a state or to any removal activities in connection with such a discharge.

OPA is a comprehensive statute designed to expand oil spill prevention, preparedness, and response capabilities of the federal government and industry. OPA establishes a new liability regime for oil pollution incidents in the aquatic environment and provides the resources necessary for the removal of discharged oil. OPA consolidates several existing oil spill response funds into the Oil Spill Liability Trust Fund (Trust Fund), resulting in a $1-billion fund to be used to respond to, and provide compensation for damages caused by, discharges of oil. In addition, OPA provides new requirements of response planning by both government and industry and establishes new construction, manning, and licensing requirements for tank vessels. OPA also increases penalties for regulatory noncompliance and broadens the response and enforcement authorities of the federal government.

Title I of OPA contains liability provisions governing oil spills modeled after the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et seq., and section 311 of the CWA. Specifically, section 1002(a) of OPA provides that the responsible party for a vessel or facility from which oil is discharged, or which poses a substantial threat of a discharge, is liable for:

The scope of damages for which there may be liability under section 1002 of OPA includes:

Rivers and Harbors Act of 1899, as amended, (RHA), 33 U.S.C. §§ 401 et seq.

The RHA prohibits the unauthorized obstruction of navigable waters of the United States. The construction of any structure or the excavation or fill in the navigable waters of the United States is prohibited without a permit from the Army Corps of Engineers. The Act also prohibits the discharge of refuse and other substances into navigable waters, but has been largely superseded by the Clean Water Act.

Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990, 16 U.S.C. § 1455b

Section 6217 of Coastal Zone Act Reauthorization Amendments of 1990 required the 29 coastal states with federally approved coastal zone management plans in 1990 to develop and submit coastal non-point source (NPS) pollution control programs for approval by the National Oceanic and Atmospheric Administration (NOAA) and the Environmental Protection Agency (EPA). The submissions were to lay out a state program to restore and protect coastal waters by providing for the implementation of management measures developed by EPA. The statute gave states 30 months from the date of publication of the final EPA guidance to submit a program to NOAA and EPA for approval. The statute required that penalties be levied if a state failed to submit an approvable program within the allotted time. There has been no need to assess penalties as yet, as all the states have submitted programs found to be conditionally approvable.

Shore Protection Act of 1988, 33 U.S.C. §§ 2601 et seq.

Under the Shore Protection Act of 1988, municipal or commercial waste cannot be transported by a vessel in coastal waters without a permit from the Department of Transportation. Municipal or commercial waste includes solid waste as defined by the Resource Conservation and Recovery Act, but excludes waste generated by the vessel during normal operations, construction debris, dredged or fill material, and sewage sludge. The loading, securing and off loading of these wastes must be conducted in a manner to minimize any waste deposited into coastal waters.

Title IV of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended, 16 U.S.C. §§ 1447a to 1447f

The purpose of Title IV of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended, is to establish regional research programs, under effective Federal oversight, to: 1) set priorities for regional marine and coastal research in support of efforts to safeguard the water quality and ecosystem health of each region; and 2) carry out such research through grants and improved coordination. The regions are: the Gulf of Maine, greater New York bight, mid-Atlantic, South Atlantic, Gulf of Mexico, California, North Pacific, Alaska and insular Pacific.

Specifically, a regional marine research board is to be established for each region, consisting of eleven members -- three appointed by the National Oceanic and Atmospheric Administration (NOAA), two by the Environmental Protection Agency (EPA), and six by governors of states located within the region. Each board is to develop and submit to NOAA and EPA for approval a comprehensive marine research plan for the region, to be updated at least every four years. Each board is also to: 1) provide a forum for coordinating research among research institutions and agencies, 2) provide for review and comment on its research plan by affected users and interests, 3) ensure that the highest quality of research projects will be conducted to carry out the plan; and 4) prepare, for transmittal to Congress by NOAA and EPA, a periodic report on the marine environmental research issues and activities within the region.

Each marine research plan is to include: 1) an overview of the environmental quality conditions in the coastal and marine waters of the region and expected trends in these conditions; 2) a comprehensive inventory and description of all marine research related to water quality and ecosystem health expected to be conducted during the four-year term of the plan; 3) a statement and explanation of the marine research needs and priorities applicable to the marine and coastal waters of the region over the upcoming ten-year period with emphasis on the upcoming three-to-five-year period; 4) an assessment of how the plan will incorporate existing marine, coastal and estuarine research and management in the region; and 5) a general description of marine research and monitoring objectives and timetables for achievement through the funding of projects under this title so as to meet the priorities specified in the plan in accordance with 3) above.

Each board may annually submit a grant application to NOAA to fund projects aimed at achieving the research priorities set forth in the relevant research plan. The title provides that the boards shall cease to exist on October 1, 1999, unless extended by Congress. Authorization of appropriations for the title expired at the end of fiscal year 1996.

Other Statutes Relating to Marine Environmental Quality:

• Endangered Species Act of 1973, as amended, 16 U.S.C. §§ 1531 et seq.: See Ocean Living Resources Year of the Ocean Discussion Paper.

• Magnuson-Stevens Fishery Conservation and Management Act, as amended, 16 U.S.C. §§ 1801 et seq.: See Ocean Living Resources Year of the Ocean Discussion Paper.

• Marine Mammal Protection Act, as amended, 16 U.S.C. §§ 1361 et seq.: See Ocean Living Resources Year of the Ocean Discussion Paper.

• Outer Continental Shelf Lands Act, as amended, 43 U.S.C. §§ 1331 et seq.: See Ocean Energy and Mineral Resources Year of the Ocean Discussion Paper.

• Hazardous Materials Transportation acts, as amended, 49 U.S.C. §§ 5101 et seq., inter alia, which, inter alia, implement Annex III of MARPOL (prevention of pollution by harmful substances carried by sea in packaged forms, or in freight containers, portable tanks or road and rail wagons).

• Solid Waste Disposal Act, as amended, also known as the Resources Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., which governs treatment, storage and disposal of solid and hazardous waste. The act also has as a goal the reduction of generation of hazardous waste.

• Toxic Substances Control Act, as amended, 15 U.S.C. §§ 2601 et seq., which is the first comprehensive legislation governing toxic substances, including providing the Federal government authority to prevent unreasonable risk of injury to health or the environment, particularly imminent hazards.

• Water Resources Development acts, 33 U.S.C. §§ 2280 et seq., inter alia, which are the Corps of Engineers authorization acts. Among other things, mitigation of damages to fish and wildlife resources resulting from water resources projects is addressed.

CWA Clean Water Act

DOT Department of Transportation

EPA Environmental Protection Agency

MMC Marine Mammal Commission

NEP National Estuary Program

NMFS National Marine Fisheries Service

NOAA National Oceanic and Atmospheric Administration

NRC National Research Council

UNDS Uniform National Discharge Standards

U.S.C. United States Code